{"id":"F2024L01476","name":"CASA EX79/24 –Transitional Training and Checking Requirements for Crew Members in Part 138 Operations – Exemption Instrument 2024","slug":"casa-ex79-24-transitional-training-and-checking-requirements-for-crew-members-in-part-138-operations","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105466,"registerId":"commonwealth-F2024L01476-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA EX79/24 –Transitional Training and Checking Requirements for Crew Members in Part 138 Operations – Exemption Instrument 2024","content":"Instrument number CASA EX79/24\n\nI, steven JAMES campbell, Executive Manager, National Operations & Standards, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.\n\n\\[Signed S. Campbell\\]\n\nSteven Campbell \nExecutive Manager, National Operations & Standards\n\n19 November 2024\n\nCASA EX79/24 –Transitional Training and Checking Requirements for Crew Members in Part 138 Operations – Exemption Instrument 2024\n\n1 Name of instrument\n\nThis instrument is CASA EX79/24 – Transitional Training and Checking Requirements for Crew Members in Part 138 Operations – Exemption Instrument 2024.\n\n2 Duration\n\nThis instrument:\n\n(a) commences on 2 December 2024; and\n\n(b) is repealed at the end of 1 December 2027.\n\n3 Definitions\n\nIn this instrument:\n\n> CAO 20.11 means Civil Aviation Order 20.11, as in force immediately before 2 December 2021.\n\n> emergency procedures proficiency test means the crew member emergency procedures proficiency test specified in Appendix IV of CAO 20.11.\n\n> flight review has the meaning given by the CASR Dictionary.\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 aeroplane to which Part 138 of CASR applies.\n\n> Note Regulation 138.005 of CASR provides that Part 138 applies to the operation of an aircraft for an aerial work operation if:\n\n(a) the aircraft is an aeroplane or rotorcraft; and\n\n(b) Part 101 does not apply to the operation of the aircraft.\n\n> relevant operator means the operator of a relevant flight.\n\n> Task Specialist has the meaning given by regulation 138.015.\n\n4 Application\n\nThis instrument applies to:\n\n(a) each crew member of a relevant flight:\n\n(i) who has a designation mentioned in column 3 of Table 1; and\n\n(ii) to whom a provision mentioned in column 5 of Table 1 applies; and\n\n(b) each operator of a relevant flight.\n\n5 Exemptions\n\n(1) In this section:\n\n> critical date means the date that is notified to the relevant operator by CASA for the purposes of section 49 of CASA EX73/24 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2024 (CASA EX73/24).\n\n> Note 1 This is the specified date notified to one or more relevant operators by CASA. After this date, relevant operators no longer have the benefit of Part 10 of CASA EX73/24 but may have the benefit of this latest exemption instrument if they satisfy its requirements and conditions.\n\n> Note 2 As of 2 December 2024, the critical date is 28 February 2025, unless varied by CASA.\n\n> Note 3 This exemption instrument has no application to a relevant operator who has voluntarily opted not to take the benefit of CASA EX87/21 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2021 or its successor CASA EX73/24 – Flight Operations Regulations – SMS, HFP&NTS and T&C Systems – Supplementary Exemptions and Directions Instrument 2024.\n\n(2) If:\n\n(a) on or after the critical date, a requirement, in relation to a training or checking event mentioned in an item of column 1 of Table 1, applies in relation to a relevant flight by a person with a designation mentioned in column 2 of the same item (the crew member); and\n\n(b) before the critical date, a training or checking event mentioned in column 4 of the item (the previous event) happened in relation to the crew member (including if under a previous designation mentioned in column 3); and\n\n(c) the relevant flight occurs:\n\n(i) on or after the critical date; and\n\n(ii) before the end of the day specified in column 6 of the item (the expiry date);\n\nthen:\n\n(d) the crew member is exempted from compliance with each provision mentioned in column 5 of the item; and\n\n(e) the operator of the relevant flight is exempted from compliance with the same provision to the extent that the provision:\n\n(i) applies to the operator; or\n\n(ii) imposes on the operator an obligation to ensure that:\n\n(A) the crew member complies with the provision; or\n\n(B) the relevant flight may not commence unless the provision has been complied with.\n\nTable 1\n\n| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 |\n| ------------------------------------------------------------------------------------------ | ------------------- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| Training or checking event | Current designation | Previous designation | Previous event | Provisions exempted from | Expiry date — the end of: |\n| 1. Flight crew member annual general emergency training and check of competency | Flight crew member | Flight crew member who was required under subsection 12 of CAO 20.11 to undertake and pass, for the aircraft, the emergency procedures proficiency test | Successful completion, for the operator and the aircraft, of the following that was valid immediately before the cessation of the critical date:(a) the emergency procedures proficiency test. | (a) paragraph 138.475(2)(f) for the purposes of subsections 23.02(2) and (3) of the Part 138 MOS;(b) subregulation 138.485(1), to the extent of the exemptions under paragraph (a). | For the general emergency training — no expiry date.For the general emergency check of competency, other than for the use of life rafts or underwater escape, the earlier of the following:(a) the expiry date of the emergency procedures proficiency test mentioned in column 4;(b) 28 February 2026.For the general emergency check of competency for the use of life rafts or underwater escape, the earliest of the following:(a) 3 years after the date of the emergency procedures proficiency test mentioned in column 4;(b) 3 years after the date of completion of a competency assessment (however described) in the use of life rafts, where the date of completion is after 28 February 2023;(c) 1 December 2027. |\n| 2. Flight crew member annual general emergency training and check of competency | Flight crew member | Flight crew member who was not required under subsection 12 of CAO 20.11 to undertake and pass, for the aircraft, the emergency procedures proficiency test | Conduct of at least 1 unsupervised flight that is an aerial work operation for the operator and the aircraft after 28 February 2024 but before the critical date. | (a) paragraph 138.475(2)(f) for the purposes of subsections 23.02(2) and (3) of the Part 138 MOS;(b) subregulation 138.485(1), to the extent of the exemptions under paragraph (a). | 28 February 2026. |\n| 3. Flight crew member conversion training and flight crew member proficiency check | Flight crew member | Flight crew member | For VFR flights — successful completion of a flight review that was valid for the aircraft under Part 61 of CASR immediately before the critical date.For IFR flights — successful completion of an instrument proficiency check that was valid for the aircraft under Part 61 of CASR immediately before the critical date. | (a) paragraph 138.475(2)(f) for the purposes of section 23.03 of the Part 138 MOS;(b) subregulation 138.485(1), to the extent of the exemptions under paragraph (a). | For the operator’s conversion training — no expiry date.For the operator’s FCM proficiency check — for day VFR flights – the earlier of the following:(1) if the successful completion of a flight review occurred before 28 May 2024:(a) the expiry date of the flight review;(b) 28 May 2025;(2) if the successful completion of a flight review occurred between 29 May 2024 and 28 August 2024:(a) the expiry date of the flight review;(b) 28 August 2025;(3) if the successful completion of a flight review occurred between 29 August 2024 and 28 November 2024:(a) the expiry date of the flight review;(b) 28 November 2025;(4) if the successful completion of a flight review occurred between 29 November 2024 and 28 February 2025:(a) the expiry date of the flight review;(b) 28 February 2026.For the operator’s FCM proficiency check — forIFR or night VFR flights – the earlier of the following:(a) the expiry date of the check mentioned in column 4;(b) 28 February 2026. |\n| 4. Air crew member recurrent training and checking (general emergency check of competency) | Air crew member | A crew member, with duties analogous to those of an air crew member or, who was required under subsection 12 of CAO 20.11 to undertake and pass, for the aircraft, a recurrent emergency procedures proficiency test | Successful completion, for the operator and the aircraft, of the following that was valid immediately before the critical date:(a) the emergency procedures proficiency test | (a) subregulation 138.485(1), to the extent of the exemptions under paragraph (b);(b) paragraph 138.540(2)(b) for the purposes of section 24.02 of the Part 138 MOS. | For the general emergency training — no expiry date.For the general emergency check of competency, other than for the use of life rafts or underwater escape, the earlier of the following:(a) the expiry date of the emergency procedures proficiency test mentioned in column 4; and(b) 28 February 2026.For the general emergency check of competency for the use of life rafts or underwater escape, the earliest of the following:(a) 3 years after the date of the emergency procedures proficiency test mentioned in column 4;(b) 3 years after the date of completion of a competency assessment (however described) in the use of life rafts or underwater escape, where the date of completion is after 28 February 2023;(c) 1 December 2027. |\n| 5. Air crew member recurrent training and checking (general emergency check of competency) | Air crew member | A crew member, with duties analogous to those of an air crew member, who was not required under subsection 12 of CAO 20.11 to undertake and pass, for the aircraft, a recurrent emergency procedures proficiency test | Conduct of at least 1 unsupervised aerial work operation for the operator and the aircraft after 28 February 2024 but before the critical date. | (a) subregulation 138.485(1), to the extent of the exemptions under paragraph (b);(b) paragraph 138.540(2)(b) for the purposes of section 24.02 of the Part 138 MOS. | For the general emergency training — no expiry date.For the general emergency check of competency, other than for the use of life rafts — 28 February 2026.For the general emergency check of competency for the use of life rafts or underwater escape — 1 December 2027. |\n| 6. Air crew member conversion and recurrent training and checking (proficiency check) | Air crew member | A crew member with duties analogous to those of an air crew member | Conduct of at least 1 unsupervised aerial work operation for the operator and the aircraft after 28 February 2024 but before the critical date. | (a) subregulation 138.485(1), to the extent of the exemptions under paragraph (b);(b) paragraph 138.540(2)(b) for the purposes of section 24.02 of the Part 138 MOS. | For the operator’s conversion training — no expiry date.For the operator’s proficiency check — 28 February 2026. |\n| 7. Task specialist recurrent training and checking (proficiency check) | Task specialist | No previous designation | No previous event | (a) subregulation 138.170(1). | For making a record of an assessment of competency (however described) of a task specialist — 31 August 2026. |","sortOrder":0}],"analysis":{"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"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"This instrument temporarily narrows immediate compliance obligations under Part 138 for eligible crew and operators by exempting specified training/checking provisions where qualifying prior events occurred (see s5 and Table 1). It does not amend Part 138 itself; instead it creates a time-limited, conditional suspension of certain requirements tied to a CASA ‘critical date’, bespoke expiry dates and an operator opt-out from earlier exemption instruments (s2; s5(1) notes; Table 1)."},"complexity_factors":["Layered cross-references to multiple instruments and regimes (CAO 20.11, Part 138 MOS, CASR definitions and CASA EX73/24) increasing legal interdependence (see s3; Table 1; s5(1) notes).","Eligibility depends on a CASA-notified ‘critical date’ and timing of prior events, producing conditional logic across time windows (s5(1)–(2)).","A detailed Table 1 with seven distinct event categories, each linking different prior events to different provisions and bespoke expiry rules (Table 1, columns 1–6).","Multiple, staggered expiry dates and special-case rules (e.g. life-raft/underwater escape, differentiated flight-review windows) that vary by item and event date (Table 1, Column 6).","Exemptions attach to both individual crew members and to operators’ obligations to ensure compliance, shifting enforcement and record-keeping duties (s5(2)(d)–(e)).","Interaction with prior exemption instruments and an explicit voluntary opt-out means scope depends on operator choices under previous instruments (s5(1) notes).","Temporal limitation and automatic repeal date add a further administrative layer for transition planning (s2).","Defined-term density (e.g. relevant flight/operator, emergency procedures proficiency test, flight review, Task Specialist) requires cross-checking the instrument and CASR/CAO sources (s3)."],"plain_english_summary":"This instrument (CASA EX79/24) creates temporary, time-limited exemptions that let certain Part 138 crew and their operators rely on earlier training or checking events (for example CAO 20.11 emergency tests, flight reviews, IPCs or recent unsupervised aerial work) instead of meeting specified Part 138 training and checking provisions. It starts 2 December 2024 and ends 1 December 2027.\n\nIt affects flight crew, air crew, task specialists and their operators. Operators must track CASA’s notified “critical date”, retain evidence of qualifying prior events, and manage differing exemption expiry dates and compliance timing risks."},"kimi_summary":{"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow purpose as a transitional bridge between old training requirements (CAO 20.11 and Part 61 flight reviews) and new Part 138 MOS requirements. It does not expand beyond crew training and checking exemptions for Part 138 operations. The complexity arises from the need to map diverse legacy qualifications to new standards, not from scope creep."},"complexity_factors":["Dense cross-referencing to multiple external instruments (CASA EX73/24, CASA EX87/21, CAO 20.11, Part 138 MOS) and regulations (CASR Parts 61, 101, 138)","Nested conditional logic with multiple trigger dates (critical date, 28 February 2024, 28 February 2025, 28 February 2026, 1 December 2027, plus variable dates based on when flight reviews occurred)","Complex table structure with 7 rows and 6 columns where columns interact (Column 4 'previous event' determines eligibility for exemptions in Column 5, but expiry dates in Column 6 vary by sub-category within the same row)","Multiple expiry date calculations within single cells (e.g., Row 1 has three different expiry regimes: no expiry, earlier of two dates, and earliest of three dates)","Distinction between VFR/IFR/night operations and life raft/non-life raft competencies creating parallel but slightly different exemption tracks","Defined terms rely on external documents (Part 138 MOS, CASR Dictionary) not reproduced in the instrument","Temporal dependencies on 'critical date' which is itself defined by reference to a notification process in another instrument (CASA EX73/24)"],"plain_english_summary":"This CASA temporary exemption gives aerial work operators and crew extra time to meet new Part 138 training and safety‑checking rules by allowing certain prior training/checks under the old rules to count as compliant for a transitional period (mostly to Feb 2026). It covers pilots, other air crew, task specialists and operators, preventing a sudden compliance cliff while operators update training systems.\n\nIt only applies to operators who participated in the earlier CASA EX87/21 or EX73/24 arrangements."}},"importantCases":[],"_links":{"self":"/api/acts/casa-ex79-24-transitional-training-and-checking-requirements-for-crew-members-in-part-138-operations","history":"/api/acts/casa-ex79-24-transitional-training-and-checking-requirements-for-crew-members-in-part-138-operations/history","analysis":"/api/acts/casa-ex79-24-transitional-training-and-checking-requirements-for-crew-members-in-part-138-operations/analysis","conflicts":"/api/acts/casa-ex79-24-transitional-training-and-checking-requirements-for-crew-members-in-part-138-operations/conflicts","importantCases":"/api/acts/casa-ex79-24-transitional-training-and-checking-requirements-for-crew-members-in-part-138-operations/important-cases","documents":"/api/acts/casa-ex79-24-transitional-training-and-checking-requirements-for-crew-members-in-part-138-operations/documents"}}