ATO delegations extended to 30 June 2018 - Q&As
Q. I have heard that CASA has extended the expiration date of existing approved testing officer (ATOs) delegation. Is this correct?
Yes. CASA has extended the expiration date of existing approved testing officer (ATOs) delegations for a further year - from 30 June 2017 to 30 June 2018.
Q. Have indemnity protection arrangements also been extended?
Indemnity arrangements reflected in Civil Aviation Advisory Publication (CAAP) Admin-1 covering ATOs, as CASA industry delegates, will now remain in effect until 30 June 2018.
Q. Who will be covered by the indemnity protection?
Indemnity protection is offered to all CASA delegates and authorised persons, as set out in CAAP Admin-1, and will continue to apply to ATOs until 30 June 2018.
Q. Why did CASA extend the expiration date of existing ATO delegations for another 12 months?
The indemnity arrangements reflected in CAAP Admin-1 are currently the subject of a comprehensive review and inter-agency discussions. A tri-agency working group—comprising CASA and the Departments of Infrastructure and Regional Development and Finance—has been established to examine all aspects of the indemnity scheme and the insurance-related considerations that underpin them. It is anticipated the working group will produce a policy paper for public and industry comment by 30 June 2017.
The outcome of the exercise will determine whether indemnity arrangements of any kind continue in the future, and if so, the nature and extent of the coverage that might be provided.
Q. I have yet to transition to a FER, what happens now?
ATOs who are yet to surrender their delegation and obtain a FER under the transition regulations for Part 61 of the Civil Aviation Safety Regulations 1998 in its place do not need to do so immediately, and may continue to perform their functions as ATOS until 30 June 2018.
Q. I have already transitioned to the FER, do the extension arrangements apply to me?
No. The extension arrangements do not apply to you.
Any ATO who has already transitioned to the FER will have ceased to be a delegate at that time, and will have lost their indemnity coverage under CAAP Admin 1 as a result.
With a view to extending the benefit of CAAP Admin-1 indemnity protection to these former ATOs, CASA has been trying to develop a legislative amendment that would revive their former ATO delegations. CASA’s ability to introduce such a legislative amendment would depend, in part, on the availability of retrospective insurance coverage, which may be extremely difficult to obtain. Alternative legislative amendments might also need to be considered. Unless and until the legislation is amended, the benefit of CAAP Admin-1 indemnity protection does not extend to FER holders who were previously, but are not now, ATOs (delegates).
CASA will ensure that affected former ATOs who now hold FERs are advised if and when the legislation is to be amended, and what further action might need to be taken for them to obtain the retrospective benefit of the indemnity arrangement reflected in CAAP Admin-1 (if it should. be available).
Q. I have already taken out my own indemnity insurance, will CASA reimburse any out of pocket fees?
No. CASA will not be reimbursing out of pocket expenses incurred from the cancellation of pre-paid insurance coverage that would not need to commence until 1 July 2017—and which now will not need to commence until 1 July 2018.
Some insurance companies may charge a small administrative fee for cancelling a policy and remitting the unapplied premium. Any cancellation fee incurred will be more than offset by the premium they would otherwise have been obliged to pay, had CASA not acted to extend the indemnity.
Q. I have never been an ATO, how does this affect me?
People who were not ATOs prior to 1 September 2014 (when the CASR Part 61 FER was introduced) and who applied for a FER or a corresponding CASR 61.040 approval any time after 1 September 2014 are not, and will not become, ATOs.
Holders of, and applicants for, a FER or a corresponding CASR 61.040 approval who have never been an ATO do not have, and will not be eligible for, CAAP Admin-1 indemnity protection—a person must currently be a delegate or authorised person to be covered by the extended indemnity.
However, whether, and if so to what extent, some kind of indemnity protection might be provided to FER holders or corresponding CASR 61.040 approval holders who have never been ATOs is a question to be considered by the tri-agency working group.
Q. What happens if CASA can’t provide an answer to my question?
If a resolution to an enquiry cannot be provided by CASA staff during the conversation you will be asked to provide your enquiry in writing via email to email@example.com.
In the event an answer cannot be provided by CASA, you may need to be referred to an insurance agent or broker of your choice for further assistance.