{"id":"F2023L01304","name":"CASA EX92/23 — DAMP Implementation (Information) Exemption 2023","slug":"casa-ex92-23-damp-implementation-information-exemption-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104834,"registerId":"commonwealth-F2023L01304-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CASA EX92/23 — DAMP Implementation (Information) Exemption 2023","content":"Instrument number CASA EX92/23\n\nI, daniel bernard o’hagan, Manager, Legislative Drafting, a delegate of CASA, make this instrument under regulations 11.160 and 11.205 of the Civil Aviation Safety Regulations 1998.\n\n\\[Signed D.B. O’Hagan\\]\n\nDanny O’Hagan  \nManager, Legislative Drafting\n\n26 September 2023\n\nCASA EX92/23 — DAMP Implementation (Information) Exemption 2023\n\n1 Name\n\nThis instrument is CASA EX92/23 — DAMP Implementation (Information) Exemption 2023.\n\n2 Duration\n\nThis instrument:\n\n(a) commences on 1 October 2023; and\n\n(b) is repealed at the end of 30 September 2026.\n\n3 Definitions\n\nIn this instrument:\n\n> DAMP has the meaning given by subregulation 99.010(1) of CASR.\n\n> DAMP organisation has the meaning given by subregulation 99.010(1) of CASR.\n\n> DAMP reporting period has the meaning given by subregulation 99.010(1) of CASR.\n\n> SSAA employee has the meaning given by subregulation 99.010(1) of CASR.\n\n4 Exemption\n\n(1) A DAMP organisation, which has implemented a DAMP, is exempt from compliance with subregulations 99.100(1) and (2) of CASR.\n\n(2) The exemption is subject to the conditions stated in section 5.\n\n5 Conditions\n\n(1) The DAMP organisation must:\n\n(a) subject to subsection (2), create records of the information mentioned in paragraphs 99.100(1)(a) to (l) of CASR in relation to each DAMP reporting period or part of a DAMP reporting period, for the organisation, during which the DAMP was implemented; and\n\n(b) subject to subsection (2), if requested in writing by CASA, create records of information, not mentioned in paragraph (a), relating to the organisation’s implementation of the DAMP, or a drug or alcohol test undergone by an SSAA employee of the organisation under Part 99 of CASR, in relation to each DAMP reporting period or part of a DAMP reporting period, for the organisation, during which the DAMP was implemented; and\n\n(c) ensure each record states the date the record was created; and\n\n(d) keep each record in a secure location for 5 years (the 5-year period) after the last day of the DAMP reporting period or the part of a DAMP reporting period; and\n\n(e) within 6 months after the end of the 5-year period, destroy or delete the parts of the records that relate to the results of drug, or alcohol, testing of an SSAA employee of the organisation.\n\n(2) The records mentioned in paragraph (1)(a) or (b) must not include any information in relation to an SSAA employee of the organisation that might identify the employee.","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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow scope. It is a specific, time-limited exemption from reporting requirements under Part 99 of CASR, with tightly defined conditions. There is no evidence of scope creep; the instrument does exactly what its title suggests — exempts DAMP organisations from certain information reporting obligations while imposing alternative record-keeping conditions."},"complexity_factors":["Short instrument: only 5 sections plus definitions","Minimal defined terms (4 terms), all referencing external regulations rather than creating new definitions","Simple conditional structure: exemption granted in section 4, conditions in section 5","Single nested condition: subsection 5(2) qualifies both paragraphs 5(1)(a) and (b)","No cross-references beyond pointing to CASR (Civil Aviation Safety Regulations) provisions","Clear temporal boundaries (commencement and repeal dates explicitly stated)"],"plain_english_summary":"**What this legislation does:**\n\nThis is a temporary exemption issued by the Civil Aviation Safety Authority (CASA) that changes how aviation organisations handle sensitive drug and alcohol testing records.\n\nNormally, aviation organisations with Drug and Alcohol Management Plans (DAMPs) must submit detailed reports to CASA about their testing programs. This exemption **relieves them from that reporting obligation** — but only if they follow strict privacy-protecting conditions.\n\n**Who it affects:**\n\n- **DAMP organisations**: Aviation companies (airlines, airports, maintenance facilities etc.) that are required to have drug and alcohol management plans\n- **SSAA employees**: \"Safety-sensitive aviation activities\" employees — essentially, workers whose roles affect flight safety (pilots, air traffic controllers, maintenance engineers, etc.)\n\n**Why it matters:**\n\nThis creates a **privacy-first approach** to drug and alcohol monitoring. Instead of routinely sending identifiable employee test results to the regulator, organisations must:\n\n- Keep detailed records **locally** for 5 years\n- Ensure records **cannot identify individual employees** (de-identified/anonymised)\n- Destroy the actual test results after 5 years\n- Only provide information to CASA if specifically requested\n\nThis balances CASA's need to oversee safety with protecting employees from unnecessary surveillance or data retention. The exemption runs for three years (October 2023 – September 2026), suggesting it's a trial or transitional arrangement while longer-term systems are developed."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not alter statutory definitions; it temporarily exempts DAMP organisations from complying with specified CASR subregulations and replaces those requirements with time-limited recordkeeping, anonymisation, retention and deletion conditions (sections 2, 4(1), 5). It is a targeted procedural adjustment rather than a change to who is covered by the DAMP framework."},"complexity_factors":["Cross-references to CASR definitions and requirements — the instrument depends on CASR definitions for DAMP, DAMP organisation, DAMP reporting period and SSAA employee and on the content of subregulation 99.100(1)(a)–(l) (Definitions and section 4(1); section 5(1)(a)).","Temporal limits — fixed commencement and expiry dates set the window for the exemption (section 2).","Exemption plus conditional regime — exemption from subregulations with specific alternative record-keeping conditions increases implementation detail (section 4(1) and section 5(1)).","Anonymisation requirement — records must not include identifiable information about SSAA employees, creating an operational constraint on how records are kept (section 5(2)).","CASA discretion to request further records in writing — a compliance trigger that may expand reporting obligations in particular cases (section 5(1)(b)).","Retention and deletion schedule — secure storage for five years and targeted deletion of test results within six months after that period imposes precise document-management steps (sections 5(1)(d)–(e)).","Need to reconcile listed CASR items — compliance requires cross-checking the items in 99.100(1)(a)–(l), so implementing entities must interpret another regulation to know what to record (section 5(1)(a))."],"plain_english_summary":"This instrument temporarily exempts organisations that have implemented a Drug and Alcohol Management Plan (DAMP) from complying with CASR subregulations 99.100(1) and (2) for the period 1 Oct 2023–30 Sep 2026. Instead, those organisations must create anonymised records of the information listed in 99.100(1)(a)–(l) for each reporting period, keep records securely for five years, and delete drug/alcohol test results within six months after that retention period; CASA may request additional records in writing."},"summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This instrument provides a temporary exemption from specific subregulations for eligible DAMP organisations without changing the underlying regulations."},"complexity_factors":["exemption with record keeping conditions"],"plain_english_summary":"This CASA exemption lets aviation organisations with an approved Drug and Alcohol Management Plan (DAMP) avoid certain statutory reporting obligations, provided they instead keep anonymised internal records of the required information. \n\nConditions include secure retention of records for five years after each reporting period (with drug/alcohol test result data deleted within six months after that), creation of additional records if CASA requests them, and showing each record’s creation date. The instrument runs from 1 Oct 2023 to 30 Sep 2026."}},"importantCases":[],"_links":{"self":"/api/acts/casa-ex92-23-damp-implementation-information-exemption-2023","history":"/api/acts/casa-ex92-23-damp-implementation-information-exemption-2023/history","analysis":"/api/acts/casa-ex92-23-damp-implementation-information-exemption-2023/analysis","conflicts":"/api/acts/casa-ex92-23-damp-implementation-information-exemption-2023/conflicts","importantCases":"/api/acts/casa-ex92-23-damp-implementation-information-exemption-2023/important-cases","documents":"/api/acts/casa-ex92-23-damp-implementation-information-exemption-2023/documents"}}