CASR Part 13 - Enforcement Procedures
Part 13 of CASR 1998 is currently only partially complete. It presently comprises only a Subpart K that provides details of the aviation self-reporting scheme (ASRS) contemplated in Division 3C of the Civil Aviation Act 1988 and the demerit points scheme contemplated in Division 3D of that Act.
The ASRS is administered by the Australian Transport Safety Bureau. The scheme aims to promote the voluntary reporting of contraventions of the civil aviation safety law for safety research and analysis purposes, in return for protection against administrative action by CASA for the contravention.
The demerit points scheme in Subpart 13.K defines which offences can result in the incurring of demerit points, how many demerit points are incurred, and which certificates, licences and approvals they are incurred against.
Who Part 13 affects
- those in the aviation community who hold a licence, certificate or other authorisation granted by CASA
- those who are required to comply with CASA regulations.
Ongoing development of Part 13 is being managed under Standards Development Project SS 07/10. Key proposals are to:
- consolidate the existing enforcement provisions and related procedural provisions, which are spread through the CAR and CASR. Part 13 of CASR has been set aside for this purpose
- set out a consolidated scheme for the cancellation, suspension and variation of 'civil aviation authorisations', which will be defined along similar lines as the same term in Part 11
- introduce a limited number of new enforcement-related measures to provide additional flexibility in the enforcement scheme. Some measures would enable CASA to achieve safe outcomes with less impact on business, while others close loopholes in the existing enforcement scheme
- make related amendments to Part 11 of CASR for: a revised scheme to suspend or cancel authorisations at the request of the holder; and consolidated provisions that determine the duration of certain civil aviation authorisations.
Unless a unique requirement is necessary in relation to a specific Part of CASR, all existing enforcement-related provisions of the CAR and CASR would be repealed.
The main new measures under consideration are:
- a statutory exclusion period that prevents a person from obtaining an authorisation of the same type as has been cancelled by CASA
- a new scheme for the 'provisional suspension' of authorisations'
- grounds for cancellation, suspension or variation without show cause procedure where a procedural fairness process has already been under taken (eg after a failed medical examination)
- provisions enabling CASA to readily identify the correct operator and pilot associated with alleged unsafe conduct
- provisions to improve the efficacy of the mandatory carriers’ liability insurance scheme
- new offences concerning failure to comply with enforcement requirements, and concerning unauthorised or unsafe conduct
- powers for CASA to publish information about CASA enforcement action.
Subpart 13.K can be found in volume 1 of the CASR 1998. Recent amendments to this Part may be listed in the Unincorporated Amendments.
Part 13 history
The Part 13 history includes project and consultation activities conducted in relation to Part 13.
Email: Adam Anastasi