{"id":"F2019L01414","name":"CASA EX70/19 — Implementation of Drug and Alcohol Management Plans (Non-DAMP Organisations) Instrument 2019","slug":"casa-ex70-19-implementation-of-drug-and-alcohol-management-plans-non-damp-organisations-instrument-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100247,"registerId":"commonwealth-F2019L01414-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA EX70/19 — Implementation of Drug and Alcohol Management Plans (Non-DAMP Organisations) Instrument 2019","content":"CASA EX70/19 — Implementation of Drug and Alcohol Management Plans (Non-DAMP Organisations) Instrument 2019\n\nas amended\n\nmade under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.\n\nThis compilation was prepared on 10 February 2020 taking into account amendments up to CASA EX19/20 — Implementation of Drug and Alcohol Management Plans (Non-DAMP Organisations) Amendment Instrument 2020.\n\nPrepared by the Advisory and Drafting Branch, Legal, International & Regulatory Affairs Division, Civil Aviation Safety Authority, Canberra.\n\nCompilation No. 1.\n\n1 Name\n\nThis instrument is CASA EX70/19 — Implementation of Drug and Alcohol Management Plans (Non-DAMP Organisations) Instrument 2019.\n\n2 Duration\n\nThis instrument:\n\n(a) commences on the day after it is registered; and\n\n(b) is repealed at the end of 31 March 2027.\n\n> Note The exemptions in section 5, the exemptions’ conditions in section 6 and the directions in section 8 cease to be in force at the end of 30 September 2021. The directions in section 7 are in force until the repeal of this instrument.\n\n3 Definitions\n\n(1) In this instrument:\n\n> DAMP-like program means a plan of a non-DAMP organisation that:\n\n(a) would meet the requirements of regulation 99.045 of CASR if that regulation were applied in accordance with section 4; and\n\n(b) is approved in writing by CASA or the Regional Manager Eastern, CASA.\n\n> DAMP-like program contact officer means a person appointed by the non-DAMP organisation to liaise with CASA in relation to its DAMP-like program and the organisation’s responsibilities under this instrument and Part 99 of CASR.\n\n> DAMP-like program supervisor means a person in a non-DAMP organisation who:\n\n(a) has had relevant training to form an opinion as to whether a person may be adversely affected by a testable drug or under the influence of alcohol; and\n\n(b) is authorised by the non-DAMP organisation to do so for the purposes of drug and alcohol testing on an employee of the non-DAMP organisation who performs, or is available to perform, an applicable SSAA for the DAMP organisation.\n\n> DAMP-like program medical review officer means a medical practitioner who, for drug or alcohol testing under a DAMP-like program, has:\n\n(a) competence in the field of interpreting drug and alcohol test results; and\n\n(b) knowledge of substance and use disorders; and\n\n(c) knowledge of the contents of Part 99 of CASR.\n\n> employee, of a non\\-DAMP organisation, includes a contractor engaged by the organisation.\n\n> non-DAMP organisation means a person other than a DAMP organisation.\n\n(2)An expression used in this instrument that is defined in regulation 99.010 of CASR has the meaning given by the regulation.\n\n4 Application of regulation 99.045 of CASR\n\nFor the definition of DAMP-like program, regulation 99.045 of CASR must be applied as if:\n\n(a) a reference in that regulation to a DAMP organisation were a reference to a non‑DAMP organisation; and\n\n(b) a reference in that regulation to a DAMP were a reference to a DAMP-like program; and\n\n(c) a reference in that regulation to a SSAA employee of the DAMP organisation were a reference to an employee of the non-DAMP organisation who performs, or is available to perform, an applicable SSAA for the DAMP organisation; and\n\n(d) a reference in paragraph 99.045 (c) to a person in the DAMP organisation who has the role of DAMP contact officer were a reference to a person in the non‑DAMP organisation who has the role of DAMP-like program contact officer; and\n\n(e) a reference in paragraph 99.045 (c) to a person in the DAMP organisation who has the role of DAMP supervisor were a reference to a DAMP-like program supervisor; and\n\n(f) paragraphs (a) to (e) above applied similarly to references occurring in regulation 99.050, 99.055, 99.060, 99.065, 99.070 or 99.075 (a referred provision), for the purposes of this section; and\n\n(g) a reference in a referred provision to a DAMP medical review officer were a reference to a DAMP-like program medical review officer.\n\n5 Exemption — provision of applicable SSAA by non-DAMP organisation to DAMP organisation\n\n(1)This section applies if:\n\n(a) there is a written contract between a DAMP organisation and a non-DAMP organisation under which the non-DAMP organisation provides an applicable SSAA to the DAMP organisation; and\n\n(b) an employee of the non-DAMP organisation performs, or is available to perform, the applicable SSAA for the DAMP organisation; and\n\n(c) the non-DAMP organisation has a DAMP-like program that covers the employee; and\n\n(d) the DAMP organisation has agreed in writing that the DAMP-like program that covers the employee is to apply instead of the DAMP of the DAMP organisation in relation to the employee’s performance of, or availability to perform, the applicable SSAA for the DAMP organisation; and\n\n(e) the DAMP organisation is satisfied on reasonable grounds that the non‑DAMP organisation is implementing its DAMP-like program in relation to the employee.\n\n> Note The DAMP-like program must be approved in writing by CASA — see definition of DAMP-like program in section 3.\n\n(2) Subject to subsection (3), the DAMP organisation is exempt from compliance with:\n\n(a) subregulation 99.030 (4) of CASR, to the extent that it requires the DAMP organisation to comply with paragraph 99.045 (d) of CASR in relation to a non‑DAMP organisation’s employee who performs, or is available to perform, an applicable SSAA for the DAMP organisation; and\n\n(b) regulation 99.035 of CASR, to the extent that it requires the DAMP organisation to implement its DAMP by giving effect to regulation 99.080 of CASR in relation to a non-DAMP organisation’s employee who performs, or is available to perform, an applicable SSAA for the DAMP organisation.\n\n(3) Subsection (2) does not apply in relation to the DAMP organisation’s implementation of its DAMP regarding the employee of the non-DAMP organisation to the extent that the DAMP gives effect to the matters mentioned in subregulation 99.065 (2) of CASR.\n\n> Note See the exemption condition in section 6.\n\n(4) The exemptions in subsection (2) are subject to the conditions in section 6.\n\n> Note 1 The employee of the non-DAMP organisation is a SSAA employee of the DAMP organisation — see definitions of SSAA employee, employee and DAMP contractor in regulation 99.010 of CASR.\n\n> Note 2 Subregulation 99.065 (2) requires that a DAMP include requirements to not permit a SSAA employee to perform, or be available to perform, an applicable SSAA in specified circumstances related to: (1) the employee’s faculties being suspected of being impaired due to the employee being under the influence of prescribed drugs or alcohol, or (2) the SSAA employee being involved in an accident or serious incident.\n\n(5)This section ceases to be in force at the end of 30 September 2021.\n\n6 Conditions\n\n(1)The DAMP organisation must, as soon as practicable after implementing its DAMP regarding a non-DAMP organisation’s employee in relation to the matters in subregulation 99.065 (2) of CASR:\n\n(a) notify the non-DAMP organisation in writing of the implementation; and\n\n(b) notify CASA in writing if the DAMP organisation does not permit the employee to perform, or be available to perform, an applicable SSAA for the DAMP organisation.\n\n(2)This section ceases to be in force at the end of 30 September 2021.\n\n7 Directions — DAMP organisation\n\n(1)For regulation 11.245 of CASR, a DAMP organisation that is, or was, exempt under section 5 from compliance with specified provisions of CASR must:\n\n(a) keep records that evidence its grounds for the satisfaction mentioned in paragraph 5 (1) (e); and\n\n(b) ensure each record states the date the record was created; and\n\n(c) keep each record in a secure location for 5 years from the date that the record is created; and\n\n(d) within 6 months after the end of the 5 year period for which the record was kept under paragraph (c), destroy or delete:\n\n(i) each record; or\n\n(ii) any parts of each record that relate to the results of drug or alcohol testing.\n\n(2)For regulation 11.250 of CASR, the directions in subsection (1) cease to be in force at the end of 31 March 2027.\n\n8 Directions — non-DAMP organisation\n\n(1)This section is made for regulation 11.245 of CASR.\n\nImplementation and review of DAMP-like program\n\n(2)Subject to subsection (3), a non-DAMP organisation that has a DAMP\\-like program must meet the requirements of regulations 99.080 and 99.085 of CASR applied as if a reference in those regulations:\n\n(a) to the DAMP organisation were a reference to the non-DAMP organisation; and\n\n(b) to a DAMP were a reference to a DAMP-like program; and\n\n(c) to a SSAA employee of the DAMP organisation were a reference to an employee of the non-DAMP organisation who performs, or is available to perform, a SSAA for the DAMP organisation; and\n\n(d) to a DAMP supervisor were a reference to a DAMP-like program supervisor.\n\n(3)During any implementation by the DAMP organisation of its DAMP to give effect to the matters mentioned in subregulation 99.065 (2) of CASR regarding an employee of the non-DAMP organisation, subsection (2) does not apply to the non-DAMP organisation to the extent that it must meet the requirements of regulation 99.080 of CASR, applied in accordance with subsection (2), to give effect to the matters mentioned in subregulation 99.065 (2) regarding the employee.\n\nAvailability of DAMP\\-like program\n\n(4) A non-DAMP organisation that has a DAMP-like program must make the DAMP-like program available to each employee of the non-DAMP organisation who performs, or is available to perform, applicable SSAA for a DAMP organisation.\n\nProvision of records and making of CASA-directed changes\n\n(5) A non-DAMP organisation that has a DAMP-like program must comply with:\n\n(a) a request by CASA to provide CASA with:\n\n(i) specified information and records, demonstrating that the organisation has developed and implemented a DAMP-like program; and\n\n(ii) a copy of the DAMP-like program that is being implemented; and\n\n(b) any other information and records specified by CASA that are relevant to the non‑DAMP organisation ensuring appropriate development, implementation and enforcement of a DAMP-like program; and\n\n(c) any direction by CASA to do any of the following:\n\n(i) make a change specified by CASA to a provision in the organisation’s DAMP-like program;\n\n(ii) prepare a new DAMP-like program that complies with the requirements of regulation 99.045 of CASR applied in accordance with section 4 of this instrument;\n\n(iii) submit any proposed changes to the organisation’s DAMP-like program or submit a newly prepared DAMP-like program, as the case may be, to CASA.\n\n(6)For regulation 11.250 of CASR, the directions in this section cease to be in force at the end of 30 September 2021.\n\n> Notes to CASA EX70/19 — Implementation of Drug and Alcohol Management Plans (Non-DAMP Organisations) Instrument 2019\n\n> Note 1\n\n> Note: CASA EX70/19 — Implementation of Drug and Alcohol Management Plans (Non-DAMP Organisations) Instrument 2019 (in force under section 94 of the Civil Aviation Act 1988 and regulations 11.160, 11.205 and 11.245 of the Civil Aviation Safety Regulations 1998) as shown in this compilation is amended as indicated in the tables below.\n\n> Note: > Note: Table of instruments\n\n| Title | Date of FRLI registration | Date ofcommencement | Application, saving ortransitional provisions |\n| ------------------------------------------------------------------------------------------------------------------ | ---------------------------------- | --------------------------- | --------------------------------------------- |\n| CASA EX70/19Implementation of Drug and Alcohol Management Plans (Non‑DAMP Organisations) Instrument 2019 | 1 November 2019 (see F2019L01414) | 2 November 2019 (see s. 2) | — |\n| CASA EX19/20Implementation of Drug and Alcohol Management Plans (Non‑DAMP Organisations) Amendment Instrument 2020 | 10 February 2020 (see F2020L00114) | 11 February 2020 (see s. 2) | — |\n\n```html\n

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

s. 2

am. F2020L00114

s. 5

am. F2020L00114

s. 6

am. F2020L00114

s. 7

am. F2020L00114

s. 8

am. F2020L00114

\n```","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This instrument is narrowly procedural and implementation-focused: it extends the mechanics of Part 99 to apply to non‑DAMP organisations via a mapped \"DAMP‑like\" treatment and creates limited exemptions for DAMP organisations that accept contractor programs. The 2020 amendments adjusted timing, some conditions and directions (see Table of Amendments) but did not broaden the instrument beyond its core purpose of allowing CASA-approved contractor DAMP-like programs and placing CASA oversight and record-keeping requirements on those arrangements. In short, it implements a targeted regulatory accommodation rather than expanding the substantive scope of Part 99 safety obligations."},"complexity_factors":["Cross-references to multiple provisions in Part 99 of CASR (99.010, 99.030, 99.035, 99.045, 99.050–99.075, 99.080, 99.085) requiring reading of both instruments (see s4 and notes)","Defined terminology layer: several bespoke definitions (DAMP-like program, DAMP-like program contact officer, supervisor, medical review officer) plus reliance on CASR definitions (s3(1) & s3(2))","Conditional exemptions with nested criteria (s5(1)(a)-(e)) — multiple simultaneous conditions must be satisfied","Time-limited and staggered expiry provisions (s2; notes to ss5–8) producing temporal complexity and transitional interpretation issues","Regulator discretion and follow-on obligations (CASA approval and power to direct changes under s8(5)(c)) creating open-ended compliance paths","Specific record-keeping, retention and destruction rules with multi-stage time windows (s7(1)(c)-(d))","Application‑of‑regulation drafting technique (treating Part 99 rules as if they applied to non-DAMP organisations via s4) increases cross-reference density and interpretive steps","Amendment history present (2020 amendments to multiple sections) — readers must check versions and expiry interactions"],"plain_english_summary":"**What this instrument does (mechanics)\n\n- Establishes a temporary legal framework that lets organisations which are not formally DAMP organisations (called \"non-DAMP organisations\") operate a \"DAMP-like program\" — a drug and alcohol management plan whose content is treated as if it met the Civil Aviation Safety Regulations (Part 99) requirements. (see definitions and s4)\n\n- Allows a DAMP organisation to rely on a contractor or other non-DAMP organisation's approved DAMP-like program instead of imposing the DAMP organisation's own DAMP on that contractor's employees, where certain conditions are met. That reliance is an exemption from particular Part 99 obligations for the DAMP organisation (see s5 and s6).\n\n- Requires non-DAMP organisations that adopt a DAMP-like program to implement and make that program available to relevant employees, keep records, provide information to CASA on request, and comply with CASA directions to change or re-submit their program. CASA must approve a DAMP-like program in writing. (see s3 definition, s8(2), s8(4)-(5))\n\n- Imposes specific record-keeping and retention/destruction requirements on DAMP organisations that rely on non‑DAMP DAMP-like programs, and gives CASA powers to request information and direct changes. (see s7 and s8(5)(c))\n\n- Is time-limited: parts of the instrument (the exemptions and many directions) expire at specified dates (notably some provisions ended 30 September 2021; the instrument itself is repealed 31 March 2027). (see s2 and the notes to s2, and notes to ss5–8)\n\n\nWho it affects\n\n- Non-DAMP organisations (including contractors) who perform, or are available to perform, single-safety‑critical aviation activities (SSAA) for a DAMP organisation. Those organisations must prepare, implement and maintain a CASA-approved DAMP-like program when they want their employees to be treated as covered. (definitions s3; application s4; obligations s8)\n\n- DAMP organisations that contract out SSAA work. Such organisations can accept a contractor's approved DAMP-like program in place of imposing their own DAMP on the contractor's employees, but they must be satisfied on reasonable grounds that the contractor is implementing the program, and must keep records to show that satisfaction. (s5 and s7)\n\n- Employees and contractors who perform SSAA: they become subject to the relevant drug and alcohol testing rules and supervisory arrangements set out in the DAMP-like program once it is approved and applied. (definitions s3; s4)\n\n- CASA (the regulator): CASA approves DAMP-like programs, may direct changes, may request records and has oversight and enforcement capability under the instrument. (s3 definition; s8(5))\n\n\nWhy it matters (claimed purpose and practical effects)\n\n- Purpose-claim: The instrument is framed to allow flexibility when SSAA work is provided by non‑DAMP organisations — so that safety controls under Part 99 can follow the worker (via an approved DAMP-like program) rather than mandating duplication of two separate DAMPs. (see s5 and s4)\n\n- Who pays: preparation, implementation, record-keeping, testing and any corrective action costs fall on the non-DAMP organisation that chooses (or is required by contract) to have a DAMP-like program. DAMP organisations incur administrative costs in checking and retaining evidence that the contractor is implementing the program (see s5(1)(e) and s7(1)). CASA bears regulatory costs of approvals and oversight.\n\n- Who decides: CASA has gatekeeper authority — it must approve a DAMP-like program in writing and may direct changes (s3 definition; s8(5)(c)). The DAMP organisation decides whether to accept the contractor's DAMP-like program in lieu of its own DAMP, but must be \"satisfied on reasonable grounds\" that the contractor is implementing it (s5(1)(d)-(e)).\n\n- Behaviour changes expected: Contractors may prepare DAMP-like programs to avoid being forced under a principal's DAMP; principals may accept contractor programs to reduce duplicate compliance activity; CASA will exercise oversight and can require amendments, which creates a compliance pathway under regulator control (s8(5)).\n\n\nTrade-offs, incentives and risks (implementation and market effects)\n\n- Compliance burden and costs: Non-DAMP organisations face the cost of preparing and implementing a CASA‑approved DAMP-like program, maintaining records and responding to CASA directions (s8(2), s8(5)). Those are concentrated costs for contractors and possibly smaller suppliers.\n\n- Administrative relief for DAMP organisations: Where the exemption is used, DAMP organisations may avoid having to duplicate testing/supervision arrangements for contractor employees (s5(2)), but they still must keep evidence of having satisfied themselves about the contractor's implementation (s7(1)).\n\n- Regulatory discretion and uncertainty: CASA approval and the power to direct changes (s8(5)(c)) concentrate decision-making authority in the regulator and create an ongoing compliance obligation for non-DAMP organisations. That gives CASA flexibility but increases regulatory uncertainty (what CASA will require in practice depends on its exercise of discretion).\n\n- Substitution effects: The instrument permits substitution of a principal's DAMP with a contractor's DAMP-like program (s5). That could reduce duplicate procedures where well‑aligned, but may create variation across suppliers — different contractors could operate different DAMP-like programs, producing inconsistent rules across the sector.\n\n- Data handling and privacy point: Directions require retention of records for 5 years and later destruction or deletion of records or test results (s7(1)(c)-(d)). This sets a specific data lifecycle which creates compliance obligations and potential privacy handling costs.\n\n- Temporary nature and policy risk: Several provisions have sunset dates (some 30 Sept 2021; the instrument repeals 31 Mar 2027). Temporary measures reduce long-term regulatory certainty and may require future legislative action to make arrangements permanent or different (s2 and notes).\n\n\nKey provisions to look at when implementing or complying\n\n- Definitions and scope (s3 and s4): read these first — they map Part 99 terms onto non-DAMP organisations and set the test for what counts as a DAMP-like program.\n- Exemption conditions for DAMP organisations (s5 and s6): set out when a principal can rely on the contractor's program and what notifications and satisfactions are required.\n- CASA powers over non-DAMP programs (s8(5)): CASA can request records and direct changes or require resubmission/creation of a compliant program.\n- Record-keeping and destruction rules (s7): these impose specific timeframes and deletion requirements for sensitive test results.\n\n\nSections cited: definitions and approval — s3; regulatory mapping — s4; exemption framework — s5; exemption conditions — s6; directions/record-keeping for DAMP organisations — s7; obligations, CASA powers and implementation requirements for non-DAMP organisations — s8."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The instrument appears to serve its original purpose of creating a streamlined pathway for non-DAMP organisations to provide safety-sensitive services to DAMP organisations. The 2020 amendments extended the repeal date from 2021 to 2027 and made technical adjustments, but did not expand the substantive scope beyond facilitating contractor relationships while maintaining drug and alcohol safety standards."},"complexity_factors":["Extensive cross-referencing to Civil Aviation Safety Regulations (CASR) Part 99, requiring readers to understand external regulatory framework","Multiple 'as if' application rules in section 4 that rewrite how external regulations apply to this instrument","Nested conditional logic: exemptions in section 5 depend on satisfaction of 5 separate criteria in subsection (1), plus additional conditions in section 6, plus an exception to the exemption in subsection (3)","Temporary provisions with different expiry dates: sections 5-6 and 8 expire 30 September 2021, while sections 2 and 7 expire 31 March 2027","7 defined terms in section 3, but several incorporate by reference to CASR regulation 99.010, expanding the effective definition set significantly","Dual-direction structure: the instrument both exempts DAMP organisations from certain obligations AND directs them to comply with record-keeping requirements","Mirror-imaging problem: the instrument creates parallel structures (DAMP-like program vs DAMP, DAMP-like supervisor vs DAMP supervisor) that must be mentally mapped against the original regulations"],"plain_english_summary":"This lets contractors and subcontractors without full drug-and-alcohol programs perform safety-sensitive aviation work for airlines by running a CASA-approved, simplified “DAMP-like” program. Approved contractors relieve airlines of certain testing duties so long as contracts, oversight, trained supervisors/medical reviewers, and five-year recordkeeping are in place. It affects airlines, service providers and their workers, easing compliance costs while preserving safety if both parties genuinely implement the program."}},"importantCases":[],"_links":{"self":"/api/acts/casa-ex70-19-implementation-of-drug-and-alcohol-management-plans-non-damp-organisations-instrument-2","history":"/api/acts/casa-ex70-19-implementation-of-drug-and-alcohol-management-plans-non-damp-organisations-instrument-2/history","analysis":"/api/acts/casa-ex70-19-implementation-of-drug-and-alcohol-management-plans-non-damp-organisations-instrument-2/analysis","conflicts":"/api/acts/casa-ex70-19-implementation-of-drug-and-alcohol-management-plans-non-damp-organisations-instrument-2/conflicts","importantCases":"/api/acts/casa-ex70-19-implementation-of-drug-and-alcohol-management-plans-non-damp-organisations-instrument-2/important-cases","documents":"/api/acts/casa-ex70-19-implementation-of-drug-and-alcohol-management-plans-non-damp-organisations-instrument-2/documents"}}