{"id":"F2021L01653","name":"CASA 94/21 — Training and Checking (CASR Part 138) Determination 2021","slug":"casa-94-21-training-and-checking-casr-part-138-determination-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102191,"registerId":"commonwealth-F2021L01653-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"2","sectionType":"section","heading":"Duration","content":"2 Duration\n\nThis instrument commences on 2 December 2021.\n\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"3 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: aircraft, air crew member, flight crew member, IFR flight and VFR flight.\n\n(1) In this instrument:\n\n> CAO 20.11 means Civil Aviation Order 20.11, as in force immediately before 2 December 2021.\n\n> CAO 82.6 means Civil Aviation Order 82.6, as in force immediately before 2 December 2021.\n\n> CAR means the Civil Aviation Regulations 1988, as in force immediately before 2 December 2021, and any mention of a provision of CAR refers to that provision as so in force.\n\n> emergency procedures proficiency test means the crew member emergency procedures proficiency test specified in Appendix IV of CAO 20.11.\n\n> operator’s training and checking manual means the training and checking manual of the operator, as the manual exists from time to time.\n\n> Part 138 MOS means the Part 138 Manual of Standards.\n\n> Note The CASR Dictionary defines Part 138 Manual of Standards as meaning the Manual of Standards issued by CASA under regulation 138.020.\n\n> relevant flight means a flight, for an operator, of an aircraft in relation to which Part 138 of CASR applies.\n\n> Note Part 138 of CASR applies in relation to the operation of aeroplanes and rotorcraft for aerial work operations. See regulation 138.005 of CASR for the operation of aircraft in relation to which Part 138 applies.\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\n(3)In this instrument, unless a contrary intention appears, mention of a provision with the prefix “138.” is a reference to that provision as contained in Part 138 of CASR.\n\n(4) In this instrument a reference to an operator’s training and checking manual, includes relevant text included in the operator’s operations manual.\n\n(5) In this instrument a reference to the expiry date of an old event or to a period of time after an old event, includes a reference to any deemed expiry date or when an old event is deemed to have occurred, in accordance with the civil aviation legislation in force immediately before 2 December 2021.\n\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Purpose","content":"4 Purpose\n\nThis instrument is a determination for the purposes of subregulation 202.418 (3) of CASR.\n\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Application","content":"5 Application\n\nThis instrument applies in relation to a relevant flight.\n\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Determination","content":"6 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 in relation to a relevant flight by a person mentioned in the item (the person); 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 for a relevant flight that is conducted before the expiry date.\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

Flight crew members

1

General emergency training and check of competency

1. Person: a flight crew member (FCM).

2. New Requirement: Successful completion of the operator’s general emergency training and flight crew member general emergency check of competency for the kind of aircraft in accordance with:

(a) paragraph 138.475 (2) (f) and subregulation 138.475 (3);

(b) section 23.02 of the Part 138 MOS.

Note: The CASR Dictionary defines kind, of an aircraft, to mean:

(a) for an aircraft that is covered by an aircraft type rating —the aircraft type rating; and

(b) for an aircraft that is not covered by an aircraft type rating —the type of aircraft.

1. Person: an FCM who completed the emergency procedures proficiency test, for the kind of aircraft, that was valid immediately before 2 December 2021.

2. Old event for the FCM: Successful completion of the emergency procedures proficiency test, for the operator and kind of aircraft, that was valid immediately before 2 December 2021.

For the general emergency training and check of competency, other than for the use of life jackets, life rafts or underwater escape, the earlier of the following:

(a) the expiry date of the emergency procedures proficiency test;

(b) the day the FCM undertakes a recurrent general emergency check of competency mentioned in column 1 of item 3;

(c) 2 December 2022.

For the general emergency training and check of competency for the use of life jackets, life rafts or underwater escape, the earlier of the following:

(a) 3 years after the day of the emergency procedures proficiency test;

(b) the day the FCM undertakes a recurrent general emergency check of competency mentioned in column 1 of item 3 for the use of life jackets, life rafts or underwater escape;

(c) 2 December 2024.

3. Person: An FCM to whom paragraph 1 does not apply.

4. Old event for the FCM: Conduct of at least 1 unsupervised aerial work flight for the operator using the kind of aircraft.

2

Conversion training and proficiency check

1. Person: an FCM.

2. New Requirement: Successful completion, for the kind of aircraft, of the operator’s conversion training, and the operator’s FCM proficiency check in accordance with:

(a) paragraph 138.475 (2) (f) and subregulation 138.475 (3);

(b) section 23.03 of the Part 138 MOS.

1. Person: an FCM who immediately before 2 December 2021 was subject to the operator’s training and checking organisation (T&CO) under regulation 217 of CAR (an FCM under a T&CO).

2. Old event for the FCM: Successful completion, for the kind of aircraft, of the operator’s conversion training (however described), and successful related proficiency check (however described) for the kind of aircraft, in accordance with the operator’s training and checking manual.

For a flight that is an NVIS operation, NVIS training in accordance with CAO 82.6, and a successful NVIS proficiency check for a pilot in accordance with CAO 82.6 and the operator’s training and checking manual.

In either case, the proficiency check must have been valid immediately before 2 December 2021.

For the operator’s conversion training — no expiry date.

For the operator’s FCM proficiency check — the earlier of the following:

(a) the day the proficiency check mentioned in column 2 expires;

(b) for IFR or NVFR flights, 8 months after the proficiency check in column 2;

(c) for VFR flights by day and flights for an operator who is not required to have a training and checking system under regulation 138.125, 1 year after the proficiency check mentioned in column 2;

(d) the day the FCM undertakes a recurrent proficiency check mentioned in column 1 of item 4;

(e) 2 December 2022.

3. Person: an FCM to whom paragraph 1 does not apply.

4. Old event for the FCM: For VFR flights — successful completion of a flight review that was valid for the aircraft under Part 61 of CASR immediately before 2 December 2021.

For IFR flights — successful completion of an instrument proficiency check that was valid for aircraft under Part 61 of CASR immediately before 2 December 2021.

For an old event that is a flight review — the earlier of the following:

(a) the day the flight review is no longer valid under Part 61 of CASR for the FCM and the aircraft;

(b) the day the FCM undertakes a recurrent proficiency check mentioned in column 1 of item 4;

(c) 2 December 2022.

For an old event that is an instrument proficiency check — the earlier of the following:

(a) the day the instrument proficiency check is no longer valid under Part 61 of CASR for the FCM and the aircraft;

(b) the day the FCM undertakes a recurrent proficiency check mentioned in column 1 of item 4;

(c) 2 December 2022.

3

Recurrent training and checking (general emergency check of competency)

1. Person: an FCM.

2. New Requirement: Successful completion, for the kind of aircraft, of the operator’s recurrent general emergency training and check of competency in accordance with:

(a) paragraph 138.475 (2) (f) and subregulation 138.475 (3);

(b) section 23.05 of the Part 138 MOS.

1. Person: an FCM who completed an emergency procedures proficiency test, for the kind of aircraft, that was valid immediately before 2 December 2021.

2. Old event for the FCM: Successful completion of the emergency procedures proficiency test, for the operator and kind of aircraft, that was valid immediately before 2 December 2021.

For the general emergency training and check of competency, other than for the use of life jackets, life rafts or underwater escape, the earlier of the following:

(a) the expiry date of the emergency procedures proficiency test;

(b) the day the FCM undertakes a recurrent general emergency check of competency mentioned in column 1;

(c) 2 December 2022.

For the general emergency training and check of competency for the use of life jackets, life rafts or underwater escape, the earlier of the following:

(a) 3 years after the day of the emergency procedures proficiency test;

(b) the day the FCM undertakes a recurrent general emergency check of competency mentioned in column 1 for the use of life jackets, life rafts or underwater escape;

(c) 2 December 2024.

3. Person: An FCM to who paragraph 1 does not apply.

4. Old event for the FCM: Conduct of at least 1 unsupervised aerial work flight for the operator using the kind of aircraft.

4

Recurrent training and checking (proficiency check of competency)

1. Person: an FCM.

2. New Requirement: Successful completion, for the kind of aircraft, of the operator’s recurrent training and checking in accordance with:

(a) paragraph 138.475 (2) (f) and subregulation 138.475 (3);

(b) section 23.05 of the Part 138 MOS.

1. Person: an FCM under a T&CO.

2. Old event for the FCM: Successful completion, under the T&CO, of recurrent training and proficiency check (however described) for the kind of aircraft, in accordance with the operator’s training and checking manual, that was valid immediately before 2 December 2021.

The earlier of the following:

(a) the day the proficiency check mentioned in column 2 expires;

(b) for IFR or NVFR flights, 8 months after the proficiency check mentioned in column 2;

(c) for VFR flights by day and flights for an operator who is not required to have a training and checking system under regulation 138.125, 1 year after the proficiency check mentioned in column 2;

(d) the day the FCM undertakes a recurrent proficiency check mentioned in column 1;

(e) 2 December 2022.

3. Person: an FCM to whom paragraph 1 does not apply.

4. Old event for the FCM: For VFR flights — successful completion of a flight review that was valid for the aircraft under Part 61 of CASR immediately before 2 December 2021.

For IFR flights, successful completion of an instrument proficiency check that was valid for aircraft under Part 61 of CASR immediately before 2 December 2021.

For an old event that is a flight review — the earlier of:

(a) the day the flight review is no longer valid for the FCM and the aircraft;

(b) the day the FCM undertakes a recurrent proficiency check mentioned in column 1;

(c) 2 December 2022.

For an old event that is an instrument proficiency check — the earlier of:

(a) the day the instrument proficiency check is no longer valid for FCM and the aircraft;

(b) the day the FCM undertakes a recurrent proficiency check mentioned in column 1;

(c) 2 December 2022.

Air crew members

5

General emergency training and check of competency

1. Person: an air crew member (ACM).

2. New Requirement: Successful completion of the operator’s general emergency training and ACM general emergency check of competency, for the aircraft, in accordance with:

(a) paragraph 138.540 (2) (b) and subregulation 138.540 (3);

(b) section 24.02 of the Part 138 MOS.

Note Section 24.02 applies sections 23.02, 23.03, 23.05 and 23.06 of the Part 138 MOS to the operator as if references in those sections to an FCM were references to an ACM, except that in paragraph 23.05 (3) (c) mention of 6 months is taken to be 12 months.

1. Person: a crew member, with duties analogous to those of an ACM, who completed an emergency procedures proficiency test, for the kind of aircraft, that was valid immediately before 2 December 2021.

2. Old event for the ACM: Successful completion of the emergency procedures proficiency test, for the operator and kind of aircraft, that was valid immediately before 2 December 2021.

For the general emergency training and check of competency, other than for the use of life jackets, life rafts or underwater escape, the earlier of the following:

(a) the expiry date of the emergency procedures proficiency test;

(b) the day the ACM undertakes a recurrent general emergency check of competency mentioned in column 1 of item 7;

(c) 2 December 2022.

For the general emergency check of competency for the use of life jackets, life rafts or underwater escape, the earlier of the following:

(a) 3 years after the date of the emergency procedures proficiency test;

(b) the day the ACM undertakes a recurrent general emergency check of competency mentioned in column 1 of item 7 for the use of life jackets, life rafts or underwater escape;

(c) 2 December 2024.

3. Person: A crew member to whom paragraph 1 does not apply.

4. Old event for the ACM: Conduct of at least 1 unsupervised aerial work flight for the operator using the kind of aircraft.

6

Conversion training and proficiency check

1. Person: an ACM.

2. New Requirement: Successful completion, for the kind of aircraft, of the operator’s conversion training and the operator’s ACM proficiency check, in accordance with:

(a) paragraph 138.540 (2) (b) and subregulation 138.540 (3);

(b) section 24.02 of the Part 138 MOS.

1. Person: a crew member, with duties analogous to those of an ACM, who immediately before 2 December 2021 was subject to the operator’s training and checking organisation (T&CO) under regulation 217 of CAR.

2. Old event for the ACM: Successful completion, for the kind of aircraft, of the operator’s conversion training (however described).

Successful related proficiency check (however described) for the aircraft, in accordance with the operator’s training and checking manual.

For a crew member with duties analogous to those of an ACM, in relation to a flight that is an NVIS operation, NVIS training in accordance with CAO 82.6, and a successful NVIS proficiency check for a crew member in accordance with CAO 82.6 and the operator’s training and checking manual.

In either case, the proficiency check must have been valid immediately before 2 December 2021.

For the operator’s conversion training — no expiry date.

Note Remedial training under section 14.09 of the Part 138 MOS may still be required.

For the operator’s ACM proficiency check — the earlier of the following:

(a) the day the proficiency check mentioned in column 2 expires;

(b) 1 year after the proficiency check mentioned in column 2;

(c) the day the ACM undertakes a recurrent proficiency check mentioned in column 1 of item 8;

(d) 2 December 2022.

3. Person: A crew member, with duties analogous to those of an ACM, to whom paragraph 1 does not apply.

4. Old event for the ACM: Conduct of at least 1 unsupervised charter or aerial work flight for the operator using the kind of aircraft.

The earlier of the following:

(a) the day the ACM undertakes a recurrent proficiency check mentioned in column 1 of item 8;

(b) 2 December 2022.

7

Recurrent training and checking (general emergency check of competency)

1. Person: an ACM.

2. New Requirement: Successful completion, for the kind of aircraft, of the operator’s recurrent training and checking in accordance with:

(a) paragraph 138.540 (2) (b) and subregulation 138.540 (3); and

(b) section 24.02 of the Part 138 MOS.

1. Person: a crew member, with duties analogous to those of an ACM, who completed an emergency procedures proficiency test, for the kind of aircraft, that was valid immediately before 2 December 2021.

2. Old event for the ACM: Successful completion of an emergency procedures proficiency test, for the operator and kind of aircraft, that was valid immediately before 2 December 2021.

For the general emergency check of competency, other than for the use of life jackets, life rafts or underwater escape, the earlier of the following:

(a) the expiry date of the emergency procedures proficiency test;

(b) the day the ACM undertakes a recurrent general emergency check of competency mentioned in column 1;

(c) 2 December 2022.

For the general emergency check of competency for the use of life jackets, life rafts or underwater escape, the earlier of the following:

(a) 3 years after the day of the emergency procedures proficiency test;

(b) the day the ACM undertakes a recurrent general emergency check of competency mentioned in column 1 for the use of life jackets, life rafts or underwater escape;

(c) 2 December 2024.

3. Person: a crew member, with duties analogous to those of an ACM, to whom paragraph 1 does not apply.

4. Old event for the ACM: Conduct of at least 1 aerial work flight for the operator using the kind of aircraft.

8

Recurrent training and checking (proficiency check)

1. Person: an ACM.

2. New Requirement: Successful completion, for the kind of aircraft, of the operator’s recurrent proficiency check in accordance with:

(a) paragraph 138.540 (2) (b) and subregulation 138.540 (3);

(b) section 24.02 of the Part 138 MOS.

1. Person: a crew member, with duties analogous to those of an ACM, under a T&CO.

2. Old event for the ACM: Successful completion, under the T&CO, of recurrent training and proficiency check (however described) for the kind of aircraft, in accordance with the operator’s training and checking manual.

For a crew member with duties analogous to those of an ACM, in relation to a flight that is an NVIS operation — NVIS training in accordance with CAO 82.6 and a successful NVIS proficiency check for the crew member in accordance with CAO 82.6 and the operator’s training and checking manual.

In either case, the proficiency check must have been valid immediately before 2 December 2021.

The earlier of the following:

(a) the expiry date of the recurrent proficiency check mentioned in column 2;

(b) 1 year after the recurrent proficiency check mentioned in column 2;

(c) the day the ACM undertakes a recurrent proficiency check mentioned in column 1;

(d) 2 December 2022.

3. Person: a crew member to whom paragraph 1 does not apply.

4. Old event for the ACM: Conduct of at least 1 unsupervised charter or aerial work flight for the operator using the kind of aircraft.

The earlier of the following:

(a) the day the ACM undertakes a recurrent proficiency check mentioned in column 1;

(b) 2 December 2022.

\n```","sortOrder":4}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":756},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: providing transitional arrangements for training and checking requirements under CASR Part 138. The detailed table structure and multiple crew categories reflect necessary granularity for aviation safety regulation rather than scope creep."},"complexity_factors":["Dense cross-referencing to multiple regulatory instruments (CASR Part 138, Part 61, CAO 20.11, CAO 82.6, Part 138 MOS)","Complex conditional logic with multiple alternative pathways depending on crew member status (T&CO vs non-T&CO, FCM vs ACM, VFR vs IFR vs NVFR)","Nested expiry date calculations with 'earlier of' multiple conditions including deemed dates, actual expiry, and hard statutory deadlines","8 distinct table items with 2-4 sub-paragraphs each, creating 20+ unique transitional scenarios","Definitions section incorporates by reference multiple versions of legislation 'as in force immediately before 2 December 2021'","Implicit knowledge required of aviation acronyms (FCM, ACM, T&CO, NVIS, IFR/VFR/NVFR, MOS, CAO, CAR, CASR)"],"plain_english_summary":"**What this does:**\n\nThis is a **transitional instrument** that helps pilots and crew members move from old aviation rules to new ones without having to immediately redo all their training and checks.\n\n**Who it affects:**\n- **Flight crew members** (pilots) and **air crew members** (other crew like winch operators or camera operators) who work for **aerial work operators** — businesses that do things like crop dusting, aerial photography, surveying, or search and rescue.\n\n**The core deal:**\nIf you completed certain training or checks **before 2 December 2021** under the old rules, this instrument **counts that old training as satisfying the new requirements** — but only for a limited time.\n\n**Key things being transitioned:**\n- **General emergency training** — drills for things like fires, ditching, and using life jackets/rafts\n- **Conversion training** — learning to fly a new aircraft type for your operator\n- **Proficiency checks** — regular assessments to prove you're still competent\n- **Recurrent training** — ongoing refresher training\n\n**The catch — expiry dates:**\nYour old training only counts until the **earliest** of:\n- When your old check would have expired anyway\n- When you do the new recurrent training\n- A hard deadline (mostly **2 December 2022**, or **2 December 2024** for underwater escape training)\n\n**Different rules for different people:**\n- If you were under an operator's **Training and Checking Organisation (T&CO)** — basically a formal training system — you get more recognition of your old checks\n- If you weren't, your **flight review** or **instrument proficiency check** under Part 61 of CASR can count instead\n- **Night Vision Imaging System (NVIS)** operators have special rules referencing an old Civil Aviation Order (CAO 82.6)\n\n**Why it matters:**\nWithout this instrument, thousands of aerial work pilots and crew would have had to stop working on 2 December 2021 to redo training they'd already completed. This provides a **grace period** to transition smoothly to the new Part 138 rules."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This instrument narrows the immediate scope of the new Part 138 training and checking requirements by deeming specified pre‑2 December 2021 events to satisfy those new requirements for a limited transitional period (see section 6 and the Schedule). In effect, it extends recognition of older CAO/CAR‑era qualifications into the early phase of Part 138 implementation until the expiry triggers specified in the Schedule (various entries, commonly 2 December 2022 or 2 December 2024, or operational triggers). That changes the timing of application of the new requirements (deferring some compliance obligations) compared with a scenario where the new requirements applied with no transitional deeming."},"complexity_factors":["Numerous cross‑references to other instruments and provisions (Civil Aviation Order 20.11, CAO 82.6, CAR as in force before 2 Dec 2021, multiple Part 138 MOS sections) (section 3 and Schedule entries).","Many separate person categories (FCM, ACM, crew with analogous duties, FCMs under a T&CO) each treated differently across multiple items (Schedule).","Variable expiry logic across items: calendar cut‑offs, \"earlier of\" recurrent checks, expiry of prior proficiency checks and multi‑year allowances (Schedule expiry column).","Different treatment for specific sub‑skills (e.g. life‑jackets/life‑rafts/underwater escape) with longer or different expiry rules (Schedule entries).","Mix of qualification‑based old events (e.g. \"valid immediately before 2 December 2021\") and operational old events (e.g. conduct of at least one unsupervised aerial work flight) that require different types of evidence (Schedule).","Conditionality for NVIS and T&CO arrangements that invoke other CAO provisions and operator manuals (Schedule items referencing CAO 82.6 and operator training and checking manuals).","Multiple layers of document hierarchy (CASR Part 138 provisions, Part 138 MOS, operator’s training and checking manual, CAOs and prior CAR provisions) to interpret applicability."],"plain_english_summary":"What this instrument does (mechanics)\n\n- This is a transitional determination made by CASA under subregulation 202.418(3) of the Civil Aviation Safety Regulations 1998 (see instrument heading and section 4). It commences on 2 December 2021 (section 2) and applies to \"relevant flights\" — i.e. flights to which CASR Part 138 applies (section 5 and the definition of \"relevant flight\" in section 3).\n- Paragraph 6 sets a simple legal mechanism: where a new Part 138 training or checking requirement (a \"new requirement\") applies on or after 2 December 2021 for a particular training/check event (a \"new event\"), the determination says that a listed older training/check event (an \"old event\") that happened before 2 December 2021 will be treated as if the new event happened — but only for flights that occur before the expiry date shown in the Table in Schedule 1. In short: certain pre‑2 December 2021 qualifications are temporarily recognised as meeting the new Part 138 requirements until the listed expiry dates (section 6 and the Schedule table).\n- The Schedule maps many specific new requirements (for flight crew members and air crew members) to the older events that will be treated as equivalent, and gives the expiry trigger for each mapping. Common expiry triggers are \"the earlier of\" a specified calendar date (often 2 December 2022 or 2 December 2024) or an operational trigger such as the day a recurrent check is done or the existing old qualification expires (Schedule entries for each item). Some old events used for conversion training have no expiry date (see Schedule item 2 and similar entries).\n\nWho this affects\n\n- Operators who conduct aerial work under Part 138, their training & checking manuals and systems, and the people who perform training or checks: flight crew members (FCMs), air crew members (ACMs) and crew members with duties analogous to ACMs (see definitions in section 3 and the persons listed in the Schedule).\n- CASA (the regulator) and the CASA delegate who made the instrument (instrument header and signature).\n\nWhy it matters (official purpose and what it changes in practice)\n\n- Officially this is a determination made for the purpose identified in section 4. Mechanically, it alters the moment at which the new Part 138 training/check requirements must be met by allowing prior CAO‑era events (or other named old events) to be treated as if the new events were done, for a limited transitional period (section 6 and the Schedule).\n\nClaims and practical implications (tested against costs, incentives and implementation features)\n\n- Claimed effect (implicit in the instrument): reduce immediate transition friction by recognising prior valid qualifications as meeting the new Part 138 requirements for a specified period (see section 6 and many Schedule items that refer to old events being valid immediately before 2 December 2021).\n\n- Who pays / who bears cost: operators and individual crew bear the compliance and training costs in the medium term. The determination delays some immediate retraining costs for operators and crew by recognising old events for a limited time; but because most Schedule entries specify an expiry trigger (for example, the earlier of a recurrent check, expiry of the old qualification, or 2 December 2022/2024), operators and crew will face costs to meet the new requirements before or at those expiry triggers (section 6 and the Schedule table entries).\n\n- Incentives created: the instrument creates an incentive to delay undertaking new‑style recurrent training/checks until the expiry trigger, because old events remain recognised until then (Schedule). That deferral reduces short‑term training cost but concentrates retraining demand around expiry triggers.\n\n- Compliance burden and recordkeeping: the Schedule repeatedly requires that the old event was \"valid immediately before 2 December 2021\" (see many Schedule entries). That creates a concrete requirement for operators and individuals to be able to show records proving the old event and its validity date in order to rely on the transitional deeming (section 6; Schedule entries).\n\n- Discretion and administrative risk: this instrument is a deterministic deeming instrument — it prescribes when an old event is taken as meeting a new requirement (section 6). It was made by a CASA delegate under the cited regulation (instrument heading and section 4). The text creates little operational discretion in the mechanics (the conditions are factual and temporal), but implementation relies on accurate record verification by operators and, if queried, CASA.\n\n- Opportunity costs and safety/operational timing: by allowing older events to satisfy new requirements for a time, the instrument preserves immediate operational capability without immediate retraining. The trade‑off is that the new training/check standard will be fully required by the expiry triggers; operators must plan to deliver or fund that later. The Schedule defines those trade‑offs concretely (see the expiry columns and \"earlier of\" triggers).\n\n- Effects on private enterprise and competition: mechanically the instrument reduces immediate regulatory cost for all operators who can show qualifying old events, so it temporarily lowers the short‑term compliance burden across the sector. It does not itself change underlying regulatory standards; it only postpones when the new standard must be met (section 6 and Schedule). It therefore affects timing of costs, not permanent differences in regulatory obligation. Conversion training entries with no expiry for the operator's conversion training (Schedule item 2 and similar notes) mean some conversion training outcomes remain valid without a calendar cliff, which reduces immediate administrative burden for that subset of training.\n\nKey practical points to watch (concrete mechanisms in the text)\n\n- Start date: 2 December 2021 (section 2).\n- Applicability: to \"relevant flights\" under Part 138 (section 5 and definition in section 3).\n- Deeming clause: new events are \"taken to have happened\" and requirements \"taken to have been met\" if the listed old event occurred before 2 December 2021 and the flight happens before the listed expiry (section 6(a)–(e)).\n- Record cue: many old events must have been \"valid immediately before 2 December 2021\" — operators must be able to demonstrate that status from their records (Schedule entries).\n- Expiry triggers: mixed — many entries use the earlier of a recurrent check or 2 December 2022; some life‑jacket/life‑raft/underwater escape checks are allowed up to 2 December 2024 or three years after the old emergency test (Schedule). Conversion training proficiency checks for operators in some entries have \"no expiry date\" (Schedule item 2 and parallel entries).\n\nBottom line (mechanical effect, not an evaluation)\n\nThis is a transitional, time‑limited deeming instrument. It temporarily recognises certain pre‑2 December 2021 training and checking events as satisfying specified new CASR Part 138 training and checking requirements for relevant flights, until the expiry triggers listed in the Schedule. The immediate effect is to postpone the need for many operators and crew to complete the new‑format training/checks; the medium‑term effect is to concentrate the need to complete new events at the expiry triggers and requires operators/crew to keep and produce records that demonstrate the old events were valid immediately before 2 December 2021 (see section 6 and the Schedule)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/casa-94-21-training-and-checking-casr-part-138-determination-2021","history":"/api/acts/casa-94-21-training-and-checking-casr-part-138-determination-2021/history","analysis":"/api/acts/casa-94-21-training-and-checking-casr-part-138-determination-2021/analysis","conflicts":"/api/acts/casa-94-21-training-and-checking-casr-part-138-determination-2021/conflicts","importantCases":"/api/acts/casa-94-21-training-and-checking-casr-part-138-determination-2021/important-cases","documents":"/api/acts/casa-94-21-training-and-checking-casr-part-138-determination-2021/documents"}}