CASA 90/21 — Training and Checking (CASR Part 119) Determination 2021

The instrument is built around a small set of legal devices: a time‑limited determination made under a specific subregulation, a conditional deeming rule, and a single Schedule that maps old events to new requirements for HFP&NTS training for operational safety‑critical personnel.

1. Delegated determination mechanism. The instrument is made by a CASA delegate under subregulation 202.418(3) of CASR (preamble and s 4). It thereby exercises a statutory power to make a determination that operates for the purposes of that regulation. The instrument itself states that it is “a determination for the purposes of subregulation 202.418(3) of CASR” (s 4).

2. Temporal scope. The instrument has explicit temporal boundaries: it commenced on 2 December 2021 and was to be repealed on 2 December 2023 (s 2). The Schedule also contains per‑person expiry mechanics (Column 3), so the instrument’s effect may cease earlier for particular individuals if they undertake the new training specified in Column 1 before 2 December 2023.

3. Deeming rule. Section 6 creates the substantive legal effect: where the preconditions are satisfied, the instrument “determines that, for the purposes of regulation 202.418 of CASR: (d) the new event is taken to have happened in relation to the person; and (e) the new requirement is taken to have been met by the person in relation to the carrying out of the duties of the person’s position for a relevant flight” (s 6(d)-(e)). This is not a suspension of enforcement; it is a statutory deeming that affects how reg 202.418 is to be applied in time‑limited circumstances.

4. Definitions and scope. The instrument adopts defined terms from the Civil Aviation Act 1988 and CASR where relevant (s 3 Note). It introduces shorthand HFP&NTS for human factors principles and non‑technical skills and defines relevant flight as an air transport operation under Part 121, 133 or 135 (s 3). It also references CAO 82.3 and CAO 82.5 as those instruments existed immediately before 2 December 2021 (s 3(1)).

5. Single substantive transition mapping. Schedule 1 contains one item addressing HFP&NTS training for “operational safety‑critical personnel” as mentioned in subregulation 119.180(2) of CASR and for persons with analogous duties. The Schedule distinguishes two pathways for relying on the determination: completion of a CASA‑approved HFP&NTS program under CAO 82.3 or 82.5 before 2 December 2021; or, for those not previously under such an approved program, demonstrated performance of duties for a flight while not under supervision before 2 December 2021 (Schedule 1, Columns 1-3).

6. Relationship to operator exposition. The new requirement in Column 1 is framed as training “in accordance with regulation 119.175 of CASR and the operator’s exposition, as it exists from time to time” (Schedule 1, Column 1). That phrase imports a continuing operator role: the content and delivery of the new HFP&NTS training obligation is tied to the operator’s exposition and to the statutory regulation.

7. Person categories and equivalence. The Schedule explicitly treats persons who were part of a CASA‑approved program under the CAOs differently from those who were not. For the former, prior completion of the CAO program is treated as equivalent to the new requirement. For the latter, operational experience performing duties unsupervised is treated as the qualifying old event. The instrument therefore recognises both formal training records and operational unsupervised experience as potential bases for transitional compliance, subject to the timing and scope conditions in s 6.

These concepts together create a temporal bridge from CAO‑based arrangements to the CASR Part 119 regime for HFP&NTS training for operational safety‑critical personnel on specified types of air transport operations.

The determination affects three distinct groups of actors identified in the instrument: operational safety‑critical personnel as defined in CASR, members of an operator’s personnel with duties analogous to those persons, and operators of relevant flights (Part 121, Part 133 or Part 135 air transport operations).

1. Operational safety‑critical personnel. The Schedule explicitly targets “operational safety‑critical personnel of the operator mentioned in subregulation 119.180(2) of CASR” (Schedule 1, Column 1). The instrument therefore applies to persons who fall within the statutory definition or identification process in reg 119.180(2). The instrument itself does not redefine that term; it imports the definition from CASR (s 3 Note and Schedule 1).

2. Personnel with analogous duties. The Schedule covers members of an operator’s personnel “with duties analogous to those of a person mentioned in subregulation 119.180(2) of CASR” (Schedule 1, Column 2). That language extends the transitional treatment beyond the explicitly listed operational safety‑critical roles to analogous roles, so long as the person’s duties resemble those identified in reg 119.180(2).

3. Two subgroups by prior regime exposure. Within the above categories, the Schedule distinguishes two subgroups based on whether the person, immediately before 2 December 2021, was subject to the operator’s CASA‑approved HFP&NTS program under CAO 82.3 or CAO 82.5. For those who were subject, the old event is successful completion of the operator’s approved HF P&NTS program. For those who were not subject to a CASA‑approved program immediately before 2 December 2021, the old event is the performance of duties for the operator for a flight while not under supervision (Schedule 1, Column 2). This distinction determines what evidence or history will qualify a person for the deeming.

4. Operators. The instrument links the new requirement to the operator’s exposition and to reg 119.175 (Schedule 1, Column 1), which places the exposition at the centre of compliance design. Operators that conduct relevant flights under Part 121, 133 or 135 are the entities that must apply the new requirements and can rely on the deeming where the preconditions are met. The instrument applies “in relation to a relevant flight” (s 5), so the operator’s obligations and the personnel’s qualification status are assessed in relation to particular flights of the specified parts.

5. CASA and the delegate. The instrument was made by a named CASA delegate, identifying the decision‑maker and the statutory basis for the determination (preamble and s 4). CASA remains the regulator with the power to approve programs (the Schedule references “the operator’s CASA approved HFP&NTS program under CAO 82.3 or CAO 82.5”) and to require compliance with CASR provisions that the determination operates for the purposes of (s 6 referring to reg 202.418).

6. Temporal effect on persons. The instrument affects persons only where the new requirement applies on or after 2 December 2021, the old event happened before 2 December 2021, and the relevant flight occurs on or after 2 December 2021 but before the expiry date in the Schedule (s 6(a)-(c)). That combination limits the cohort to those whose training histories predate the new rules but who operate relevant flights within the transition window.

In short, the instrument affects operational safety‑critical personnel and analogous staff of operators of Part 121/133/135 air transport operations, and those operators insofar as they must apply the new training standards but may rely on the deeming for particular persons and flights within the transition period.

The instrument does not create broad new duties or rights directly; rather it modifies how compliance with existing CASR obligations (for the purposes of reg 202.418) is to be treated during the transition. The practical duties and enforceable positions emerge from both the new requirement it references and the conditions it imposes.

1. Operator duty to provide training per CASR. The new requirement identified in Schedule 1, Column 1 is training in HFP&NTS “in accordance with regulation 119.175 of CASR and the operator’s exposition, as it exists from time to time.” That phrasing imports the training duty in reg 119.175 onto the operator. While the determination does not itself reproduce reg 119.175, it makes compliance with that regulation the benchmark for the new requirement being deemed satisfied (Schedule 1, Column 1).

2. Right to be treated as compliant for limited time. Where the conditions in s 6 are satisfied, the person has the statutory right that the new event is “taken to have happened” and the new requirement is “taken to have been met” for the purposes of reg 202.418, in relation to the particular relevant flight occurring before the expiry date. This is not an ongoing exemption; it is a deemed compliance for specified flights within the time window.

3. Conditions triggering the deeming. The deeming requires three conditions (s 6(a)-(c): (a) the new requirement applies on or after 2 December 2021; (b) before 2 December 2021 the old event happened in relation to the person; and (c) the relevant flight occurs on or after 2 December 2021 and before the specified expiry date. All three must be satisfied to trigger the deemed effect in s 6(d)-(e).

4. Operator exposition link. The new training requirement’s content and continuing specification are tied to the operator’s exposition “as it exists from time to time” (Schedule 1, Column 1). That language gives operators ongoing discretion, within the bounds of reg 119.175 and regulatory approval processes, to specify how the HFP&NTS training is delivered and what it covers. The instrument adopts the exposition as the reference point for what counts as the new requirement.

5. Evidence burden implicit. Although the instrument does not prescribe documentary procedures, relying on the deeming presupposes that the operator or the person can demonstrate the occurrence of the old event before 2 December 2021 (successful completion of a CAO‑approved program or unsupervised flight duties). The practical enforcement consequence is that operators who wish to rely on the determination should retain or be able to produce proof of the old event for the persons and flights concerned.

6. Expiry mechanics and duty to update. The expiry in Column 3 is the earlier of the day the person undertakes the training mentioned in Column 1 or 2 December 2023. That establishes a practical duty for the affected person to undertake the new HFP&NTS training by that date if they wish to continue to rely on compliance beyond the transition period, and for the operator to arrange for that training or to ensure persons with the old event do not operate relevant flights after expiry.

7. Applicability constrained to relevant flights. Section 5 explicitly states the instrument “applies in relation to a relevant flight” and s 3 defines relevant flight as an air transport operation under Part 121, 133 or 135. That narrows the sphere in which the deemed compliance applies, rather than creating a general variance from the new regulatory regime.

In summary, the instrument establishes a time‑limited right to have prior training or unsupervised operational experience treated as meeting the new HFP&NTS training requirement for particular flights. It thereby affects operator obligations around training delivery, recordkeeping and scheduling of training, and creates an implicit evidence and scheduling duty to ensure persons either undertake the new training or cease to rely on the deeming after expiry.

The instrument itself does not specify new penalties or modify the sanctions regime; rather, it operates to affect how existing regulatory requirements under CASR, for the purposes of reg 202.418, are treated during the transition. Enforcement and penalties therefore continue to flow from the underlying statutory and regulatory provisions that govern operator obligations, personnel qualifications, and contraventions of CASR.

1. No new penalty provisions in the determination. The instrument contains no express criminal or civil penalty provisions, nor does it amend the enforcement powers in CASR or other statutes. Its legal effect is a deemed satisfaction of specified requirements (s 6(d)-(e)) for the purposes of reg 202.418 of CASR. Any enforcement action or penalty would be pursued under the applicable provisions of CASR and the Civil Aviation Act 1988, not under this instrument directly.

2. Enforcement remains with CASA and applying regulators. The instrument was made by a CASA delegate (preamble) and therefore operates within CASA’s regulatory framework. Enforcement of training and checking requirements, and any investigation of non‑compliance, would continue to be administered by CASA under its statutory powers. The instrument affects enforcement only by changing, in specified circumstances, what counts as compliance for the purposes of reg 202.418.

3. Reliance on the deeming requires proof. If an operator or person relies on the instrument in an enforcement or audit context, the operator or person would need to establish the s 6 preconditions were met: that the old event happened before 2 December 2021, that the new requirement applied on or after 2 December 2021, and that the relevant flight occurred before the expiry date in Schedule 1. Absent such proof, enforcement officers would apply the underlying CASR requirements. The instrument therefore introduces an evidential focus into enforcement: demonstration of the old event is necessary to trigger the deemed compliance.

4. Interaction with reg 202.418. The instrument’s determinations are expressly “for the purposes of regulation 202.418 of CASR” (s 4 and s 6). Any penalties or remedial powers that attach to reg 202.418, or to other provisions that rely on reg 202.418’s operation, will be affected insofar as the instrument deems the new event to have happened. The instrument does not change the substantive content of reg 202.418, it changes the factual basis on which reg 202.418 would be applied in a given case during the transition.

5. Temporal limits constrain enforcement exposure. Because the instrument is time‑limited and because each person’s reliance on the deeming ends either when they undertake the new training or on 2 December 2023 (whichever is earlier), enforcement risk tied to the transition is similarly circumscribed. After the instrument’s repeal date, and for flights occurring after a person’s expiry date, the operator and person must comply with the new requirement in the ordinary way or face enforcement under CASR.

6. No immunity from other regulatory obligations. The instrument’s deeming of a training or checking event for the purposes of reg 202.418 does not, on its face, relieve operators or persons from other separate regulatory duties or obligations under CASR or the Civil Aviation Act. Any failures to meet other regulatory requirements would remain subject to enforcement actions independent of the instrument.

Practically, the instrument changes the facts that an enforcement officer would examine in an audit or investigation for specified flights during the transition window. The instrument does not itself grant immunity from penalties; rather it creates a legally cognisable basis for establishing compliance with the new requirement where the Schedule conditions are satisfied.

The determination is expressly tied to provisions in CASR and to earlier Civil Aviation Orders (CAOs). Its legal operation is limited to being “for the purposes of regulation 202.418 of CASR” (s 4 and s 6), and it incorporates or references terms and instruments external to itself.

1. Relationship with reg 202.418 of CASR. The instrument is made under subregulation 202.418(3) and its determinations operate for the purposes of reg 202.418 (preamble, s 4, s 6). It therefore functions as an interpretive or operative instrument within the CASR enforcement and compliance framework. The instrument does not alter reg 202.418 itself; it provides a pathway for prior events to be taken as meeting new obligations under the statutory framework of CASR.

2. Interaction with CASR Part 119: regs 119.175 and 119.180. The Schedule’s new requirement references regulation 119.175 of CASR as the standard for HFP&NTS training and references regulation 119.180(2) as the point of identification for operational safety‑critical personnel (Schedule 1). The instrument therefore sits as a transitional overlay to Part 119 obligations, recognising pre‑existing CAO compliance or unsupervised operational experience in place of immediate conformity with Part 119 training requirements for the transition period.

3. CAOs 82.3 and 82.5. The Schedule treats completion of an operator’s CASA‑approved HF P&NTS program under CAO 82.3 or CAO 82.5, as in force immediately before 2 December 2021, as an old event that may be the basis for deeming. The instrument therefore bridges from CAO‑based training approval arrangements to the CASR Part 119 regime. It expressly treats CAO 82.3 and CAO 82.5 as they existed immediately before the commencement date (s 3(1)), so it depends on the prior CAO framework for evidentiary qualification.

4. Civil Aviation Act 1988. Section 3 contains a Note that “certain terms and expressions have the same meaning as they have in the Civil Aviation Act 1988 and the regulations. These include: exposition, operational safety‑critical personnel and operator” (s 3 Note). The instrument therefore imports statutory definitions from the Civil Aviation Act and CASR where applicable, ensuring terminological consistency across instruments.

5. Operator exposition and regulatory approval. The new requirement is to be met “in accordance with regulation 119.175 of CASR and the operator’s exposition, as it exists from time to time” (Schedule 1, Column 1). This means the operator’s exposition (a regulated document under CASR and the Civil Aviation Act) remains the operational instrument that specifies training arrangements, subject to CASA oversight and approval processes required by CASR. The determination does not displace the exposition’s role.

6. No effect on other statutory schemes absent cross‑reference. The instrument is narrowly drafted; it expressly applies only for the purposes of reg 202.418 and only in relation to “relevant flights” defined as Part 121/133/135 air transport operations (s 3, s 5). It does not attempt to modify or interact with other statutory regimes outside the specified CASR context, and it contains no cross‑references to other legislation such as employment law, workers compensation or industrial instruments. Any interaction with those other regimes would be incidental and fact‑specific.

7. Temporal and evidentiary interface. Because the instrument refers to CAO‑based approvals “immediately before 2 December 2021,” and the new requirements are tied to current expositions “as they exist from time to time,” there is an interface in time between older approvals and ongoing exposition requirements. Operators and personnel will need to reconcile past CAO approvals and records with current CASR‑based exposition content when establishing compliance during the transition.

Overall, the determination functions as a targeted transitional device linking CAO‑approved HFP&NTS programs and unsupervised operational experience to the new CASR Part 119 training requirements for specified operations and personnel, without altering the substantive obligations in related legislation. It relies on, and must be read with, the referenced CASR provisions and the relevant CAO materials as they existed immediately before the commencement date.

The instrument itself records its own creation and temporal limits and does not contain a history of prior amendments. The contents provide the following documentable milestones drawn from the instrument text.

1. Creation and signature. The instrument is dated and signed by Christopher Paul Monahan, Executive Manager, National Operations & Standards, a delegate of CASA (preamble, signature block). The instrument states it was made on 28 November 2021 (preamble).

2. Commencement and repeal dates. Section 2 sets fixed commencement and repeal dates: it commences on 2 December 2021 and is repealed on 2 December 2023. Those dates define the instrument’s statutory life and the outer bound of the transition it creates.

3. Single version contained in the instrument. The text contains no expressed amendments, variations or schedules beyond the Schedule 1 included in the instrument. There is no indication within the instrument of earlier versions of CASA 90/21 or of subsequent amending instruments. The instrument therefore appears as a standalone, time‑limited determination with a single Schedule.

4. Referential temporal constraints. The instrument’s references to CAO 82.3 and CAO 82.5 are qualified by the words “as in force immediately before 2 December 2021” (s 3(1)). That indicates the instrument’s reliance on the state of those CAOs at a defined historical point; as those CAOs change after that date, the Schedule’s reliance remains anchored to the pre‑2 December 2021 versions for the purposes of identifying qualifying old events.

5. No internal amendment mechanism. The instrument does not provide a mechanism for amendment within its text. Any change to its content would require a separate revocation, replacement or amending instrument made under the same statutory power. The instrument does not record any such amendments.

6. Repeal effect. Section 2(b) states the instrument is repealed on 2 December 2023. That repeal date ends the instrument’s legal operation in whole unless the instrument were separately extended or replaced by a further instrument. The instrument contains no saving provision beyond the per‑person expiry mechanics in the Schedule (Column 3), so the repeal dissolves the deeming power created by s 6 as of that date.

7. Practical lifecycle for individuals. Even within the instrument’s life, a person’s ability to rely on the determination may end earlier than the instrument’s repeal date: Column 3 sets each person’s expiry date as the earlier of the day the person undertakes the new training or 2 December 2023. This per‑person trigger creates staggered expiry points within the overall lifecycle of the determination.

In sum, the instrument’s documentable history within its own text is limited to its creation on 28 November 2021, commencement on 2 December 2021, and repeal on 2 December 2023, with Schedule 1 anchored to the state of CAOs as at immediately before 2 December 2021. The instrument does not record any internal amendments or subsequent versions.

The instrument text contains no references to any litigation, judicial decisions, or disputes. It does not cite any court cases, appeals, or tribunal determinations. There is no litigation history recorded in the instrument itself.

Because the instrument is a delegate’s statutory determination under subregulation 202.418(3) of CASR, any future challenges to actions taken on the basis of the determination (for example during audits, enforcement actions, or licence determinations) would be brought under the general administrative law or statutory review mechanisms applicable to CASA decisions and regulatory action. Those appeal or review pathways are not specified in this instrument and no cases are named or described here. The instrument therefore contains no internal litigation record and provides no case law to cite.

If a user requires an external search for any judicial consideration of CASA 90/21, that would need to rely on sources beyond the instrument itself. The instrument, taken alone, supplies no litigation or adjudicative history to report.

The instrument is narrowly drafted and contains several features and timing rules that create practical pitfalls for operators and affected personnel. Below are concrete, source‑grounded points that may give rise to unexpected compliance risk or operational confusion if not managed carefully.

1. Deeming applies only for the purposes of regulation 202.418 of CASR. The instrument repeatedly states it is “for the purposes of regulation 202.418 of CASR” (s 4 and s 6). That means the deeming is situational and may not produce an automatic or general dispensation across other CASR provisions or external regulatory schemes. Operators should not assume the instrument provides broader exemptions beyond the narrow legal purpose stated.

2. Applicability limited to “relevant flight”. Section 5 says the instrument “applies in relation to a relevant flight.” Section 3 defines relevant flight as an air transport operation under Part 121, Part 133 or Part 135 of CASR. The deeming therefore does not apply to operations that fall outside those parts (for example private operations, aerial work not covered by those parts, or other flight categories). Misapplying the deeming to non‑relevant flights is a common operational risk.

3. Preconditions must all be satisfied. Section 6 requires (a) the new requirement applies on or after 2 December 2021, (b) the old event happened before 2 December 2021, and (c) the relevant flight occurs on or after 2 December 2021 and before the expiry date. Operators and personnel must establish each element for every person and flight to rely on the deeming. Failing to verify even one condition means the instrument’s deeming does not operate.

4. Two categories of old events differ in evidentiary standard. Schedule 1, Column 2 treats persons who were subject to a CASA‑approved HFP&NTS program differently from those who were not. For the former, the old event is successful completion of an approved program; for the latter, the old event is performance of duties for a flight while not under supervision. The latter category (unsupervised flight duties) is potentially more ambiguous and harder to document than a program completion record. Operators relying on unsupervised experience as the old event should ensure they have clear, contemporaneous records to avoid evidentiary disputes.

5. Exposition matters “as it exists from time to time”. The new requirement is to be met in accordance with reg 119.175 and the operator’s exposition “as it exists from time to time” (Schedule 1, Column 1). That phrase imports an evolving exposition; if an operator updates its exposition after the transition commences, what counts as the new requirement may change. Operators must reconcile changes to their exposition with any plan to rely on the deeming for particular persons.

6. Per‑person expiry can be earlier than instrument repeal. Column 3 sets the earlier of the day the person undertakes the new training or 2 December 2023 as the expiry. That means an individual’s ability to rely on the deeming ends the day they undertake the new training, which may be counterintuitive if the person expected the deeming to persist until 2 December 2023. This creates a scheduling risk if operators enrol persons into the new training at different times.

7. Anchoring to CAOs as at a past date. The Schedule’s reliance on CAO 82.3 and CAO 82.5 “as in force immediately before 2 December 2021” (s 3(1) and Schedule 1 Column 2) means that subsequent changes to those CAOs do not alter whether a person’s pre‑2 December 2021 completion qualifies as the old event. Operators must verify the status of CAO approvals as at that historical cut‑off, which may require retrieving archived records.

8. No express recordkeeping prescription in the instrument. The instrument does not set out documentary or record retention standards for proving the old event happened. Practically, however, enforcement and audit depend on evidence. Operators who lack documentation that an old event occurred before 2 December 2021 risk being unable to rely on the deeming during inspections or investigations.

9. Narrow subject scope may not cover analogous but materially different roles. The Schedule includes members of an operator’s personnel with duties “analogous to those of a person mentioned in subregulation 119.180(2)” (Schedule 1, Column 2). Determining whether a role is genuinely analogous requires a role‑by‑role assessment against reg 119.180(2). Misclassifying roles as analogous when they are not risks exposure to enforcement for non‑compliance with the new requirement.

10. Deeming does not create affirmative new rights beyond reg 202.418 purposes. Some operators or employees may expect the instrument to create broader entitlements or to remove other compliance obligations. The instrument’s narrow phrase “taken to have happened” and “taken to have been met” applies solely for reg 202.418 purposes and should not be taken as a general licence to disregard other regulatory requirements.

These “gotchas” flow directly from the instrument’s text. Each point highlights where incomplete records, misclassification of personnel, misunderstanding of scope, or scheduling missteps will result in inapplicability of the deeming and therefore potential non‑compliance with CASR Part 119 obligations.

To rely on the instrument and to manage the transition, operators and affected personnel should take concrete, source‑grounded steps. The instrument itself sets the legal conditions; the following compliance checklist translates those textual requirements into operational actions grounded in the instrument’s provisions.

1. Identify the population within scope. Use regulation 119.180(2) of CASR to identify “operational safety‑critical personnel” for the operator. Then identify any members of personnel whose duties are analogous to those roles (Schedule 1, Column 2). Record the role descriptions and how they map to reg 119.180(2) to support any future audit.

2. Determine which persons had the qualifying old event before 2 December 2021. For each person in scope, ascertain whether, immediately before 2 December 2021, the person was:

   • subject to the operator’s CASA‑approved HFP&NTS program under CAO 82.3 or CAO 82.5 (Schedule 1 Column 2 pathway 1); or
   • not subject to such a program and had performed duties for the operator for a flight while not under supervision (Schedule 1 Column 2 pathway 2). Gather contemporaneous documentary proof: completion certificates, training attendance lists, signed records, duty rosters showing unsupervised duties, supervisor attestations dated before 2 December 2021. The instrument anchors qualification to events “before 2 December 2021” (s 6(b) and Schedule 1 Column 2), so the date of the old event is crucial.

3. Map relevant flights. Confirm which flights are “relevant flights” under s 3: air transport operations under Part 121, Part 133 or Part 135. Apply the deeming only to these flights. Avoid applying the deeming to other flight types.

4. Check timing of the relevant flight. Ensure that any flight for which you intend to rely on the determination occurs on or after 2 December 2021 and before the person’s expiry date (s 6(c) and Schedule 1 Column 3). The per‑person expiry is the earlier of the day the person undertakes the new training in Column 1 or 2 December 2023.

5. Schedule and deliver new HFP&NTS training. The new requirement is training in HFP&NTS “in accordance with regulation 119.175 of CASR and the operator’s exposition, as it exists from time to time” (Schedule 1 Column 1). Operators should:

   • review reg 119.175 and ensure their exposition specifies training consistent with that regulation;
   • update the exposition where necessary and ensure it remains current and approved as required by CASR;
   • plan to deliver the new HFP&NTS training to persons who will rely on the deeming prior to their expiry date or, if preferred, schedule training early so the person’s qualification is solidly within the new regime.

6. Retain and organise evidence. Because the instrument does not specify recordkeeping standards, practical compliance means retaining documentary proof that the old event occurred before 2 December 2021, proof of the person’s role mapping to reg 119.180(2) or analogous duties, and evidence of the dates of any new training undertaken. Keep those documents readily available for audits, investigations or enforcement enquiries where the operator or person relies on the deeming.

7. Update operational procedures and brief staff. Ensure operational procedures flag which personnel are relying on the deeming and for which flights, and indicate the individual expiry dates (earliest of undertaking new training or 2 December 2023). Brief rostering, crew‑scheduling and operations personnel to prevent inadvertent assignment of persons whose expiry has passed.

8. Reconcile exposition changes. The new requirement references the operator’s exposition “as it exists from time to time.” If the exposition is revised after commencement, ensure that any new training you schedule aligns with the current exposition and that personnel who undertake training meet the new exposition standards.

9. Prepare for audits and enforcement. Given that the instrument’s effect depends on proof of the old event and the relevant flight timing, operators should prepare an audit trail showing the basis for any reliance on the determination. This should include archival CAO‑approval documentation where relevant, and contemporaneous evidence of any unsupervised operational experience relied upon.

10. Plan for post‑repeal compliance. Because the instrument is repealed on 2 December 2023 (s 2(b)) and because per‑person expiry can occur earlier, ensure that by 2 December 2023 the workforce has either completed the new CASR‑aligned HFP&NTS training or is otherwise not operating relevant flights. Treat 2 December 2023 as a hard deadline for the entire operation.

By following these steps operators and personnel can align operational practices with the instrument’s textual requirements. The essential tasks are role identification, evidentiary gathering for pre‑2 December 2021 old events, scheduling of new training tied to reg 119.175 and the exposition, and maintaining clear records of expiry triggers for each person.