Project OS 11/16 - Amendment to CAO 82.3 and 82.5 to provide for an amendment process for Safety Management Systems and for Human Factors and Non-Technical Skills training programs
Project closed 1 September 2014.
Amendments to CAO 82.3 and CAO 82.5 came into effect on 23 August 2014. These amendments allow regular public transport AOC holders to develop a process that enables them to make amendments to their SMS and/or HF&NTS training programs without CASA approval, subject to certain conditions.
Copies of the amendments can be downloaded from ComLaw on the following links:
- Civil Aviation Order 82.3 Amendment Instrument 2014 (No. 2)
- Civil Aviation Order 82.5 Amendment Instrument 2014 (No. 2)
Guidance material for AOC holders has been published on the CASA website and can be accessed at: Amendments to an SMS or HF&NTS program.
Amendments to CAOs 82.3 and 82.5 in 2009 introduced an operator requirement for Safety Management Systems (SMS) and Human Factors and Non-Technical Skills (HF/NTS) training programs.
The ability for an operator to amend the required SMS and HF/NTS training program was not introduced at the time because the CAO amendments were viewed as a temporary measure until proposed CASR Part 119 was introduced to replace the CAOs.
The drafting and making process of CASR Part 119 and related CASR Parts means that it may yet be several years before the regulations are fully implemented across the breadth of industry presently covered by the extant CAOs.
For an SMS to properly function it is essential that the system evolve to account for the changes in the operations that it serves.
HF/NTS training programs are a sufficiently leading-edge matter in aviation at this time that there is expected to be a high degree of demand to amend CASA-approved CAOs 82.3 and 82.5 operator programs as they are bedded down across the industry and then improved in response to growing awareness of their function and capability.
CASA explored the possibility of managing the change process in HF/NTS training programs via a legislative instrument. Consideration was given to utilising that process for SMS also. However, for reasons of good governance and transparency CASA has elected to provide for an approved amendment process in the CAOs.
If operators are unable to make amendments to SMS or HF/NTS training programs with a reasonable (but not absolute) degree of freedom and without incurring unnecessary CASA regulatory service costs, either or both of the following risks will likely eventuate depending on the operator.
- Amendments will be made within the system or program without being reflected in the 'official' version of the documentation held by CASA. The result of this is an unapproved system or program
- Amendments will not be made to the system or program to avoid compliance effort and to avoid incurring regulatory service charges levied under CASA Fees Regulations. The result is a system or program that is not operating efficiently:
- When measured against its unrealised potential safety benefit; or
- When measured against what it costs the operator to manage compared to a more efficiently tailored system or program of the same safety benefit.
The objectives of this project are to:
- Amend CAOs 82.3 and 82.5 to provide for a structured amendment process that is approved by CASA.
- Develop guidance material to aid operators in developing an amendment process.
The amendment process is intended to be embedded in operator documents and will provide for the amendment of Safety Management Systems and for Human Factors and Non-Technical Skills training programs.
An objective of the introduction of the approved amendment process is to minimise the requirement for further direct CASA approval of amendments to the system or program.
This project was approved by Peter Boyd, EM SD&FT on 20 May 2011.
This project was amended with the approval of Peter Boyd, EM SD on 28 April 2014. The terms of reference for this project were revised as a result of internal and external consultations.
CAO 82.3 and 82.5
Project Leader: Nick Strange
Project Sponsors: Peter Boyd, EM Standards Division
View the project history.