{"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– Exemption Instrument 2024.\n\n2 Duration\n\nThis instrument:\n\n(a) commences on 2 December 2024; and\n\n(b) is repealed at the end of 1 December 2027.\n\n3 Definitions\n\nIn this instrument:\n\n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":{"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 is a temporary exemption issued by the Civil Aviation Safety Authority (CASA) that gives aerial work operators and their crew members extra time to meet new training and safety checking requirements.\n\n**What it does:**\nNormally, crew members working in \"Part 138 operations\" (specialised aerial work like surveying, firefighting, or mustering) must complete specific training and competency checks under new rules that took effect in December 2021. This instrument says: **if you already did similar training or checks under the old rules, you don't have to immediately redo them under the new rules.** Instead, you get a grace period (mostly until February 2026, but some dates vary).\n\n**Who it affects:**\n- **Flight crew members** (pilots) of aerial work aircraft\n- **Air crew members** (other crew like loadmasters or observers)\n- **Task specialists** (people doing the actual aerial work, like dropping water or taking photos)\n- **Operators** (the companies running these flights)\n\n**How it works:**\nThe instrument contains a detailed table matching old training events to new requirements. For example:\n- If a pilot passed an emergency procedures test under the old rules (CAO 20.11), they don't need to immediately do the new general emergency training.\n- If a crew member did a flight review under Part 61 (the pilot licensing rules) before a certain cutoff date, that counts as their conversion training for a period.\n- Different expiry dates apply depending on exactly when the old training was done and what type of flying is involved (daytime vs night/IFR, life raft use, etc.).\n\n**Why it matters:**\nThis prevents a \"cliff edge\" where thousands of experienced aerial work crew would suddenly become non-compliant when transitional arrangements end. It recognises that these are often experienced professionals who have already demonstrated competency, and gives operators breathing room to transition their training systems to the new Part 138 Manual of Standards without grounding aircraft or standing down staff.\n\n**Key limitation:**\nThis only helps operators who were already using previous exemption instruments (CASA EX87/21 or CASA EX73/24). If an operator opted out of those earlier schemes, they cannot use this exemption."},"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"}},"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"}}