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Consultation process

Introduction

In the performance of its functions and the exercise of its powers, CASA must, where appropriate, consult with government, commercial, industrial, consumer and other relvant bodies and organisations and bodies representing the aviation industry:

The Standards Consultative Committee (SCC) is the focal point for regulatory consultations with the aviation community. It is a joint industry-CASA forum that brings together representatives from a diverse range of aviation industry and other groups, to make recommendations to CASA on the development of regulations, standards and associated advisory material.

Working with the aviation community

CASA is committed to working cooperatively with the aviation community to maintain and enhance aviation safety. This is especially important as far as the development of standards and regulatory material is concerned. The SCC is composed of approximately 40 Australian industry bodies. The SCC nominates industry subject matter experts to work together with CASA staff in subordinate groups (SCC sub-committees, working groups and project teams) on the detailed development of regulatory material (both new regulations and amendments).

Consultation

CASA must publicly consult on all proposed legislative changes that will affect business or restrict competition. Generally, there are two forms of consultation:

  • informal consultation during the legislation development stage through a Discussion Paper (DP), and
  • formal consultation, once the policy and associated advisory/procedural material have been established/developed through a Notice of Proposed Rule Making (NPRM).

The public is notified of the proposed policy/rule change through the media and the CASA website. The advertisement generally:

  • declares CASA's intention to seek comment or to make the proposed rule;
  • gives details of how copies of the consultation document (DP or NPRM) can be obtained or inspected; and
  • indicates the period within which written submissions may be and where such submissions should be lodged.

Submissions received within the public response period must be considered before the proposed rule is submitted to the Minister for Infrastructure & Transport and the regulation subsequently made. All submissions received are documented, and decisions on the issues and comments contained in each submission are recorded. Identical responses to an issue are reviewed in the same way as a single response on that issue, i.e. the content and level of detail are considered for any improvements that can be made. It is the quality of the comment that is most important in terms of how it addresses the safety risks and how the risks should be mitigated, rather than the number of respondents who make the same comment.

A Notice of Final Rule Making (NFRM) - incorporating a Summary of Responses (SOR) - is prepared in response to an NPRM. It contains a consolidation of the comments received, CASA's comments, and a disposition of the comments. NFRMs and SORs are made available to the general public. Availability is notified in the media and the CASA website.

Usually an SOR is prepared in response to a DP. Such SORs are not usually released as standalone documents. However, the evaluation of the comments received in response to the DP will be documented as will the consolidation of the comments, CASA's responses and the disposition actions will be incorporated in a subsequent NPRM.