{"id":"F2021L01652","name":"CASA 90/21 — Training and Checking (CASR Part 119) Determination 2021","slug":"casa-90-21-training-and-checking-casr-part-119-determination-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102190,"registerId":"commonwealth-F2021L01652-current","compilationNumber":null,"startDate":"2026-04-03","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA 90/21 — Training and Checking (CASR Part 119) Determination 2021","content":"Instrument number CASA 90/21\n\nI, CHRISTOPHER PAUL MONAHAN, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under subregulation 202.418 (3) of the Civil Aviation Safety Regulations 1998.\n\n\\[Signed Christopher P. Monahan\\]\n\nChristopher P. Monahan \nExecutive Manager, National Operations & Standards\n\n28 November 2021\n\nCASA 90/21 — Training and Checking (CASR Part 119) Determination 2021\n\n1 Name\n\nThis instrument is CASA 90/21 — Training and Checking (CASR Part 119) Determination 2021.\n\n2 Duration\n\nThis instrument:\n\n(a) commences on 2 December 2021; and\n\n(b) is repealed on 2 December 2023.\n\n3 Definitions\n\n> Note In this instrument certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: exposition, operational safety‑ critical personnel and operator.\n\n(1) In this instrument:\n\n> CAO 82.3 means Civil Aviation Order 82.3, as in force immediately before 2 December 2021.\n\n> CAO 82.5 means Civil Aviation Order 82.5, as in force immediately before 2 December 2021.\n\n> HFP&NTS means human factors principles and non‑technical skills.\n\n> relevant flight means a flight, for an operator, that is an air transport operation under Part 121, Part 133 or Part 135 of CASR.\n\n(2)In this instrument, unless a contrary intention appears, words and expressions have the same meaning as in regulation 202.418 of CASR.\n\n4 Purpose\n\nThis instrument is a determination for the purposes of subregulation 202.418 (3) of CASR.\n\n5 Application\n\nThis instrument applies in relation to a relevant flight.\n\n6 Determination\n\nIf:\n\n(a) on or after 2 December 2021, a requirement (a new requirement), in relation to a training or checking event mentioned in an item of column 1 of the Table in Schedule 1 (a new event) applies to a person mentioned in the item (the person) in relation to a flight; and\n\n(b) before 2 December 2021, a training or checking event mentioned in column 2 of the item (the old event) happened in relation to the person; and\n\n(c) the relevant flight occurs:\n\n(i) on or after 2 December 2021; and\n\n(ii) before the expiry of the time specified in column 3 of the item (the expiry date);\n\nthen, I determine that, for the purposes of regulation 202.418 of CASR:\n\n(d) the new event is taken to have happened in relation to the person; and\n\n(e) the new requirement is taken to have been met by the person in relation to the carrying out of the duties of the person’s position for a relevant flight that is conducted before the expiry date.\n\nSchedule 1 New requirements taken to have been met by old events\n\nTable Transitional training and checking events\n\n```html\n

Column 1

Column 2

Column 3

Item

New requirement for a person in relation to a training or checking event (a new event)

Old event in relation to the person

Old event expiry date

Operational safety‑critical personnel

1

HFP&NTS training

1. Person: operational safety‑critical personnel of the operator mentioned in subregulation 119.180 (2) of CASR

2. New Requirement: Training in HFP&NTS in accordance with regulation 119.175 of CASR and the operator’s exposition, as it exists from time to time.

Note The identification of other operational safety‑critical personnel for the operator and HFP&NTS training for these personnel can be managed under the operator’s exposition.

1. Person: a member of the operator’s personnel, with duties analogous to those of a person mentioned in subregulation 119.180 (2) of CASR, who was subject to the operator’s CASA approved HFP&NTS program under CAO 82.3 or CAO 82.5, immediately before 2 December 2021.

2. Old event for the person: Successful completion of HFP&NTS training by the person in accordance with the operator’s approved HFP&NTS program.

3. Person: a member of the operator’s personnel, with duties analogous to those of a person mentioned in subregulation 119.180 (2) of CASR, who was not subject to the operator’s CASA approved HFP&NTS program under CAO 82.3 or CAO 82.5 immediately before 2 December 2021.

4. Old event for the person: the performance of duties for the operator for a flight, while not under supervision.

The earlier of the following:

(a) the day the person undertakes the training mentioned in column 1;

(b) 2 December 2023.

\n```","sortOrder":0}],"analysis":{"summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument does not amend or alter the scope of any other legislative instrument; it is a time-limited determination that provides transitional credit for specific training requirements under the new CASR Part 119 regime."},"complexity_factors":["Cross-references multiple regulations and definitions including CASR Parts 119, 121, 133, 135 and old Civil Aviation Orders 82.3 and 82.5","Requires understanding of the old and new training frameworks for human factors and non-technical skills","Contains transitional arrangements with a two-year expiry date that vary between different categories of personnel","Uses technical aviation terminology (e.g. HFP&NTS, operational safety-critical personnel, exposition) that assumes domain knowledge"],"plain_english_summary":"This CASA transitional determination under CASR 202.418 recognises HFP&NTS training already completed under CAO 82.3/82.5 for operational safety‑critical personnel in Parts 121/133/135 operations, so it counts toward the new Part 119 HFP&NTS requirement. \n\nThe credit is time‑limited: it remains valid until the person completes Part 119 training or 2 December 2023, and applies only to HFP&NTS training, not other Part 119 requirements."}},"importantCases":[],"_links":{"self":"/api/acts/casa-90-21-training-and-checking-casr-part-119-determination-2021","history":"/api/acts/casa-90-21-training-and-checking-casr-part-119-determination-2021/history","analysis":"/api/acts/casa-90-21-training-and-checking-casr-part-119-determination-2021/analysis","conflicts":"/api/acts/casa-90-21-training-and-checking-casr-part-119-determination-2021/conflicts","importantCases":"/api/acts/casa-90-21-training-and-checking-casr-part-119-determination-2021/important-cases","documents":"/api/acts/casa-90-21-training-and-checking-casr-part-119-determination-2021/documents"}}