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A summary of the steps in writing a CASR Part
Initiation and planning
Our Regulation Implementation Branch has a central role in coordinating regulatory development in conjunction with other areas of CASA.
The first step in the regulatory development process is standing up a CASA project team with project sponsor. The project team writes the initial terms of reference and a project plan.
The project team begins by identifying the need for change. They conduct research, talk to the aviation community, and tryto ensure all interested parties are involved in the process. This may involve aviation community meetings, distribution of information on the CASA website, advertisements in the aviation press, and consultation through representative bodies.
For significant change, we usually publish a discussion paper to put forward ideas and possible options for industry to consider and provide input before a regulation or policy is drafted.
The Aviation Safety Advisory Panel (ASAP) considers the discussion paper and any early views before tasking a technical working group (TWG) to provide views on the safety intent of a new or changing regulation or policy. A summary of consultation is produced for public consideration through our Consultation Hub.
We assess views in response to the summary of consultation and draft the policy or regulation for consideration by the ASAP and TWG. The draft policy or regulation is also released for public comment.
At each stage, the aviation community has the opportunity to comment and help shape Australia's approached to safety regulation.
We also start looking at necessary changes to CASA's systems and the education and training needs of both the aviation community and CASA staff at this time.
The legislative drafting instructions produced out of the consultation process go to the Attorney-General's Department. They are responsible for ensuring the legislation meets the Government's standards for Australian legislation but are also mindful of CASA's requirement for 'Safety through Clarity'.
If required, a Regulation Impact Statement (RIS) documents the impact of the proposed changes on the aviation community.
Regulatory best practice
As with all Australian Government agencies, CASA is required to apply 'regulatory best practice' to the development of all new or amended legislation. This means that CASA must follow the 'Best Practice Regulation Handbook' published by the Office of Best Practice Regulation (OBPR), which is part of the Department of Finance.
The Handbook requires CASA to undertake an analytical process to ensure that regulations are effective in achieving policy objectives. This process is built into CASA's rulemaking procedures. It includes requirements for extensive consultation and may involve documentation of the development process in the form of a Preliminary Impact Assessment, Business Cost Calculator Report, or Regulation Impact Statement (RIS).
CASA is required to discuss all regulatory amendments with the OBPR which examines the proposals and determines whether a RIS is required to be prepared.
The legislation in its final form is cleared by The Department of Infrastructure, Regional Development and Cities (the Department) and EXCO (Executive Council) secretariat.
The legislative package is approved by CASA's Executive and sent to the Department for the Minister's approval, before being tabled in Parliament. If a Regulation Impact Statement was required by the Office of Regulation Review, it is also included in the legislation package for scrutiny in Parliament.
Once the regulation is passed, CASA staff and industry are notified.
CASA sets up the procedures, authorisations, delegations, fees and whatever other internal systems and changes are needed to be ready for the new regulations.
Training and education programs for industry and CASA staff are run so that everyone understands the requirements of the new regulations.
There may be a transition period to allow industry to move to the new regulations or they may commence in full from day one. CASA staff will continue to educate and support industry to ensure maximum compliance with the new regulations.
Project closeout and review
The whole process from initial planning to implementation is reviewed to see how it can be improved.