CASA 92/21 — Training and Checking (CASR Part 133) Determination 2021

The determination rests on a small set of legal and operational concepts, expressed in the instrument and the Schedule. Those core concepts determine how the deeming operates and where compliance risk lies.

• Determination power and purpose: s 4 states the instrument is a determination for the purposes of subregulation 202.418(3) of CASR. Section 6 gives the operative legal effect: if the three factual conditions are met, a new event is taken to have happened (s 6(d)) and the new requirement is taken to have been met for any relevant flight before the expiry date (s 6(e)). The instrument therefore exercises a delegated power to create transitional legal effects for Part 133 training and checking requirements.

• New requirement / New event: Column 1 of the Schedule identifies the Part 133 subregulation(s) and the Part 133 MOS provisions that set the new requirements, for example subregulation 133.270(4) (items 1, 2, 3 and 4 references to 133.270/133.370) and subregulation 133.455 (items for ACM/CCM). The instrument explicitly treats references with the prefix “133.” as references to Part 133 (s 3(3)).

• Old event: Column 2 identifies the pre-2 December 2021 training or checking events that will be treated as meeting the new requirements. These include CAO 20.11 emergency procedures proficiency tests (items 1, 4, 10 and others), flight reviews and instrument proficiency checks under Part 61 of CASR as they stood immediately before 2 December 2021 (items 2, 5, etc.), completion of operator conversion/line/differences training and proficiency checks under a T&CO as operated under CAR regulation 217 (various items), NVIS training and proficiency checks in accordance with CAO 82.6 (items addressing NVIS), and conduct of at least one unsupervised charter or aerial work (air ambulance) flight for the operator using the relevant type/class/kind of rotorcraft (used as an old event to support certain persons without T&CO-based old events).

• Expiry mechanics: Column 3 varies by item. Patterns in Column 3 include:

  • No expiry date for certain operator training events (e.g., operator conversion training, differences training, line training) (see Schedule entries where Column 3 states "No expiry date").
  • The earlier of several conditions for checks of competency: expiry of the old proficiency test, the day a person undertakes a recurrent new check under Part 133, or a fixed transitional date (commonly 2 December 2022) (see many items’ Column 3).
  • For specific elements such as life-raft or underwater-escape competency, longer transitional limits (e.g., 3 years after the emergency procedures proficiency test or 2 December 2024) (see items addressing life-raft/underwater escape in Schedule).

• Definitions, cross-references and scope: s 3 contains a number of defined terms and cross-references. It states that CAO 20.11, CAO 82.6, CAR and references to those instruments are to their forms immediately before 2 December 2021 (s 3(1)). It also provides that words and expressions have the same meaning as in regulation 202.418 of CASR unless a contrary intention appears (s 3(2)). The instrument further notes that a reference to an operator’s training and checking manual includes relevant text in the operator’s operations manual (s 3(4)) and that references to expiry of an old event include any deemed expiry date or deemed timing under the civil aviation legislation in force immediately before 2 December 2021 (s 3(5)).

• Roles and persons: the Schedule differentiates types of persons subject to the new requirements: flight crew member (FCM), air crew member (ACM), cabin crew member (CCM), medical transport specialist (MTS), or crew with duties analogous to those roles (see each item’s “Person” clause). It also distinguishes persons who were subject to the operator’s T&CO under CAR reg 217 immediately before 2 December 2021 from those who were not (relevant in several items that treat successful completion under the T&CO as an old event).

• Interaction with Part 133 MOS and CAOs: each new requirement points to particular Part 133 subregulations and the Part 133 MOS sections (e.g., paragraph 12.03 and section 12.04 for FCM general emergency training, paragraph 14.03 and section 14.04 for ACM general emergency training, etc.). Where NVIS operations are involved, the Schedule expressly recognises CAO 82.6 training and NVIS proficiency checks as old events (see items addressing NVIS training).

Overall, the instrument’s main concept is transitional equivalence: it converts specified pre-existing training/checking outcomes into the new Part 133 compliance regime for a defined transition period, subject to the specific expiry criteria in Schedule 1.

The instrument affects multiple legal actors by role and by organisational status; it does so through its Schedule mappings and by reference to Part 133 application (see s 5 and s 3 definitions).

• Individual aircrew categories:

  • Flight crew members (FCMs). Items 1-5 in the Schedule are dedicated to FCMs and cover general emergency training and checks of competency, conversion training and proficiency checks, line training and line checking, and recurrent training and proficiency checks. The Schedule treats CAO 20.11 emergency procedures proficiency tests, flight reviews and instrument proficiency checks (as valid immediately before 2 December 2021), or experience (unsupervised flights) as old events that can be taken to meet new Part 133 requirements depending on circumstances.
  • Air crew members (ACMs) and cabin crew members (CCMs). Items 6-11 map ACM/CCM new requirements to CAO 20.11 events, operator training, line checks, conversion, differences training, recurrent checks and associated expiry mechanics. The instrument explicitly extends the same treatment to CCMs as to ACMs where stated (see s 6 item cross-references).
  • Medical transport specialists (MTSs). Items 12-17 do the same for MTSs, including conversion, line, recurrent and differences training/checks. The instrument makes express provision for crew with duties analogous to MTSs (and ACMs/CCMs) who were under the operator’s T&CO before 2 December 2021.

• Operators and their training/organisations:

  • Operators that conduct Australian air transport operations of rotorcraft subject to Part 133. The instrument applies “in relation to a relevant flight” which is defined by reference to Part 133 applicability (s 5, s 3 definitions and Notes).
  • Operators’ training and checking manuals, and operators’ operations manuals: the instrument treats the operator’s training and checking manual as the controlling document for the new requirements and explicitly includes relevant text from the operator’s operations manual as part of the training and checking manual (s 3(4)). Old events framed as operator training or T&CO activity rely on the operator’s training and checking manual being the source of the old event description.

• Persons under a T&CO (training and checking organisation):

  • The Schedule makes several distinctions between persons who immediately before 2 December 2021 were subject to the operator’s T&CO under regulation 217 of CAR and persons who were not. For FCMs, ACMs, CCMs and MTSs, the Schedule recognises successful completion of training/checking under a T&CO (as described in the operator’s training and checking manual) as an old event for the purposes of deeming (see multiple items across the Schedule).

• Persons relying on earlier CAO-based certifications:

  • Those who undertook CAO 20.11 emergency procedures proficiency tests (including recurrent tests) and those who completed NVIS training/proficiency checks under CAO 82.6 before 2 December 2021 are directly affected; the Schedule identifies those old events and sets their transitional recognition and expiry (see items identifying CAO 20.11 or CAO 82.6 old events).

• Decision-makers:

  • CASA as regulator acts through a delegate. The instrument itself was made by Christopher P Monahan in his capacity as Executive Manager, National Operations & Standards, a CASA delegate (instrument heading). The legal effect is produced under the delegated power in subregulation 202.418(3) of CASR. Operators and certificated training organisations must interpret the instrument in light of those delegated determinations.

Who pays and who decides to act:

• The instrument does not itself create fees; but affected parties who wish to rely on the deeming must maintain records and undertake recurrent checks within the expiry windows set out in Column 3. That creates costs and operational decisions for operators (to schedule recurrent checks, update manuals, and verify old-event validity). Individual aircrew decide whether to proceed on relevant flights under the transitional regime or to undertake earlier retraining/rechecking; operators decide whether to accept unsupervised flight conduct as the old event for some persons or to require formal checking.

In short, the instrument affects FCMs, ACMs, CCMs, MTSs, crew with analogous duties, operators (including their training organisations/T&COs), and CASA as the delegated decision-maker; the Schedule identifies exact mappings and expiry windows that determine whether a person is accepted as meeting the new Part 133 requirements for any particular relevant flight.

The instrument creates deemed compliance rights for persons who meet the Schedule conditions, and it imposes indirect duties on operators (and on crew) to verify and document those conditions. The duties/rights structure follows the three-step mechanism in s 6 and the Schedule mapping.

Deemed-rights under the instrument

• Deemed occurrence of a new event: If the three preconditions in s 6(a)-(c) are satisfied, s 6(d) provides that “the new event is taken to have happened in relation to the person.” That is a legal right to treat the person as having completed the new training or checking event for Part 133 purposes, subject to the expiry rules in Schedule 1.
• Deemed satisfaction of the new requirement for relevant flights: s 6(e) provides that “the new requirement is taken to have been met by the person for a relevant flight that is conducted before the expiry date.” That creates a temporary compliance entitlement that operators and crew can invoke when planning and conducting relevant flights.

Operator duties and managerial obligations

• Verify old event happened and was valid immediately before 2 December 2021: Schedule items make clear that many old events must have been “valid immediately before 2 December 2021” (see numerous entries under Column 2, e.g., items referencing emergency procedures proficiency tests or proficiency checks). Operators must therefore review records to demonstrate the old event’s occurrence and its validity date.
• Monitor expiry triggers: Column 3 commonly sets the expiry as “the earlier of the expiry date of the emergency procedures proficiency test; the day the person undertakes a recurrent general emergency check of competency mentioned in Column 1; or a fixed calendar date (2 December 2022),” for example. Operators must track whether a relevant flight occurs before those expiry triggers. Section 3(5) also requires operators to account for any “deemed expiry date or when an old event is deemed to have occurred” according to civil aviation legislation pre-2 December 2021, so record checks must consider prior deeming rules.
• Maintain and use training and checking manuals: The new requirement side of each Schedule entry references parts of the operator’s training and checking manual and the Part 133 MOS (for example, paragraph 12.03 of the Part 133 MOS is repeatedly cited). Section 3(4) specifies that references to the operator’s training and checking manual include relevant text in the operator’s operations manual. Operators therefore have a duty to ensure such manuals reflect the operator’s actual training and checking practice and to align those manuals with Part 133 MOS requirements.

Duties of individual crew members

• Undertake recurrent checks when required: The Schedule repeatedly ties expiry to the person undertaking the recurrent Part 133 checks. Once a recurrent Part 133 check is undertaken (for example, a recurrent general emergency check of competency mentioned in Column 1 of the relevant item), the old-event deeming ceases to operate for subsequent flights, because Column 3 is phrased as “the earlier of … the day the person undertakes a recurrent … check … or 2 December 2022” in many items. Crew therefore have a duty to attend and pass recurrent checks by the deadlines if they wish to preserve continuous compliance beyond the transitional windows.
• Accept remedial training where MOS requires: Notes in multiple items state that remedial training under sections of the Part 133 MOS (for example section 12.09, 14.09, 15.09) “may still be required.” That means even if a person benefits from the deemed event, remedial training can still be an applied requirement under the Part 133 MOS by the operator or CASA.

Limits and conditionality

• Temporal limitation: The right to rely on old events is time-limited by expiry mechanics in Column 3. For many checks the hard outer date is 2 December 2022, and for life-raft/underwater escape elements the hard outer date is 2 December 2024. Operators and crew must therefore identify which expiry rule applies to which element to know whether the deemed right remains available for a particular flight.
• Scope limitation: The instrument applies only “in relation to a relevant flight” (s 5), i.e., flights to which Part 133 of CASR applies (see s 3 Note about reg 133.005). It does not purport to alter other regulatory obligations outside Part 133’s reach.

Who decides

• CASA delegate makes the determination: The instrument is an exercise of CASA’s delegated power; it was made by Christopher P Monahan as Executive Manager, National Operations & Standards (instrument heading). Decisions about when an operator or person may rely on the deeming are operationally taken by operators based on their records, and legally by CASA in enforcement or audit contexts.

In summary, the instrument confers a conditional, time-limited compliance right (deeming) to persons with qualifying pre-2 December 2021 events, while creating practical duties on operators and crew to verify old-event validity, to update manuals and records, to schedule recurrent checks, and to deliver any remedial training required under the Part 133 MOS.

The instrument itself is a statutory determination under subregulation 202.418(3) of CASR and does not in its text create new criminal or civil penalties. Its legal effect is to alter the compliance status of particular persons for the purpose of regulation 202.418 of CASR by deeming that certain new events have happened and requirements met, in the circumstances set out in s 6. Enforcement and sanctioning of non-compliance with Part 133 will therefore continue to be governed by CASR and other applicable statutory provisions; the instrument operates to reduce the likelihood of enforcement action where its conditions are correctly applied, and to invite enforcement scrutiny where it is not.

Relevant enforcement mechanics and practical enforcement implications in the instrument:

• Purpose tied to reg 202.418: s 4 declares the instrument is a determination for the purposes of subregulation 202.418(3) of CASR. Regulation 202.418 (not reproduced in the instrument) is the statutory provision that authorises certain determinations of training and checking equivalence. The instrument therefore functions within the CASR enforcement framework: compliance with Part 133 will be assessed against CASR standards, and the instrument is evidence that, for specified flights and persons within the expiry rules, the new Part 133 requirement is taken to have been met.
• Audit and record scrutiny: Because the Schedule’s Column 2 often requires that the old event was “valid immediately before 2 December 2021,” operators and crew must keep and produce records corroborating the old event and its validity. In any enforcement or audit action, CASA would likely examine these records to determine whether the criteria in s 6 were met. The instrument effectively shifts the compliance focus onto documentary verification.
• Temporal limits and enforcement triggers: If operations continue after an expiry trigger (for example after 2 December 2022 for most checks, or after the expiry date of an old proficiency test), the deemed right under s 6 no longer applies. Continued operation without meeting the new Part 133 requirement (i.e., where the transitional deeming has lapsed) could expose the operator and crew to enforcement action under CASR. The instrument therefore creates discrete enforcement cliff edges that operators must monitor.
• No express modification of enforcement powers: The instrument does not state that CASA waives or modifies its powers under CASR to impose administrative or civil penalties, issue notices, or take other action. It simply creates a deeming effect; enforcement remains governed by the substantive CASR provisions and CASA’s regulatory powers.

Practical enforcement risk points

• Misclassification of old events: Where an operator treats an old event as qualifying when the Schedule requires a different old event or T&CO status, enforcement exposure arises because the s 6 preconditions will not be satisfied.
• Failure to observe expiry triggers: If a person operates after the expiry condition for the relevant old event, the operator cannot rely on the instrument’s deeming for compliance, potentially triggering enforcement.
• Records deficiencies: Because many Schedule entries hinge on whether an old event “was valid immediately before 2 December 2021,” incomplete or ambiguous records create enforcement risk.

In short, the instrument creates conditional compliance that reduces enforcement exposure for those who correctly apply it, and it sharpens CASA’s focus on record-keeping and timing as the touchpoints for enforcement scrutiny. The instrument does not itself amend penalty regimes; it interacts with enforcement only by altering the legal facts relevant to CASR compliance assessments.

The instrument is expressly linked to multiple pre-existing legal instruments and regulatory materials, and it is framed to operate as a transitional bridge from CAO/CAR-based arrangements in force before 2 December 2021 into the Part 133 CASR regime. The instrument’s s 3 definitions and Schedule entries specify the relevant interactions.

Primary interactions expressly recorded in the instrument

• Civil Aviation Safety Regulations 1998 (CASR), Part 133: The instrument is made under subregulation 202.418(3) of CASR (instrument heading and s 4). The new requirements cited in the Schedule are Part 133 subregulations and the Part 133 Manual of Standards (the Part 133 MOS). The instrument treats references with the prefix “133.” as references to Part 133 (s 3(3)).
• Civil Aviation Orders (CAOs) as they stood before 2 December 2021: CAO 20.11 and CAO 82.6 are expressly referenced (s 3(1), and Schedule Column 2). The instrument recognises that many old events were CAO 20.11 emergency procedures proficiency tests, recurrent emergency procedures proficiency tests, and NVIS training/proficiency checks under CAO 82.6. By reference in s 3(1), the instrument treats those CAOs “as in force immediately before 2 December 2021” when defining old events.
• Civil Aviation Regulations 1988 (CAR) as they stood before 2 December 2021: The instrument defines “CAR” as CAR as in force immediately before 2 December 2021, and references regulation 217 of CAR (T&CO) in multiple Schedule entries (s 3(1) and numerous Column 2 entries). The instrument recognises training and checking that occurred under CAR frameworks immediately before the Part 133 MOS transition.
• CASR Dictionary / Manual of Standards: The instrument notes that the CASR Dictionary defines "Part 133 Manual of Standards" as the MOS issued under regulation 133.020 (s 3(1) Note). The Schedule repeatedly points to sections and paragraphs of the Part 133 MOS (e.g., paragraph 12.03, 14.03, 15.03 and sections 12.04, 14.04, 15.04 etc.), making clear that the new substantive requirements to which the old events are being equated are Part 133 MOS obligations.
• Regulation 133.005 note: The instrument’s Note in the definition of "relevant flight" points to reg 133.005 of CASR that provides Part 133 applies in relation to the operation of a rotorcraft for an Australian air transport operation (s 3 Note). That identifies the operational perimeter in which the instrument operates.

Mechanisms of legal interaction

• Temporal crosswalk: The instrument explicitly uses “as in force immediately before 2 December 2021” language for CAO, CAR and certain CASR parts (s 3(1)), creating a temporal crosswalk. This means the old-event determinations are judged by the old legal regime’s definitions and expiry mechanics; s 3(5) also includes references to any deemed expiry dates under the pre-2 December 2021 legislation.
• MOS integration: New Part 133 obligations are referenced through both subregulation numbers and the Part 133 MOS paragraphs/sections. The Schedule therefore integrates the MOS requirements (training, conversion, line, recurrent checks) as the criteria that must be treated as met, once the deemed event applies.
• NVIS and CAO 82.6: For NVIS operations, the Schedule incorporates CAO 82.6 NVIS training and proficiency checks as old events (see NVIS references in items dealing with conversion or proficiency checks for operations that are NVIS). This keeps NVIS-specific competencies aligned with the pre-existing CAO framework for those who had such qualifications immediately before the change.

Practical implications of the interactions

• Record reconciliation: Operators must reconcile pre-2 December 2021 CAO/CAR-based records with Part 133 MOS requirements; s 3(4) helps by treating operations manual text as part of the training and checking manual.
• Continuing MOS obligations: Notes in many Schedule entries state remedial training under specific MOS sections “may still be required,” meaning the instrument does not displace MOS-based training obligations where the MOS itself requires remedial activity.
• Statutory scope: Because s 5 limits the instrument to relevant flights (i.e., flights to which Part 133 applies), the instrument does not alter requirements for flights outside Part 133, even if old events were in place.

In sum, the instrument is a transitional legal instrument that maps obligations and qualifications from the pre-2 December 2021 CAO/CAR framework into the Part 133 CASR/MOS framework for the narrow purpose and time-limited circumstances described in s 6 and Schedule 1.

The text provided contains the making details and commencement date of this single instrument and does not include later amendments or repeals. The instrument information in the header records:

• Instrument number and title: CASA 92/21 , Training and Checking (CASR Part 133) Determination 2021 (instrument heading).
• Maker and delegation: Made by Christopher P. Monahan, Executive Manager, National Operations & Standards, a delegate of CASA (instrument heading and signature block).
• Making date and signature: Signed and dated 28 November 2021 (instrument heading).
• Commencement: Section 2 states the instrument commences on 2 December 2021.
• Purpose and legal authority: Section 4 states the instrument is a determination for the purposes of subregulation 202.418(3) of CASR, identifying the statutory basis for the instrument.

Within the instrument itself there are internal cross-references to provisions “as in force immediately before 2 December 2021” (s 3(1)) and various Notes that direct the reader to the Part 133 MOS, the CASR Dictionary, and regulation 133.005 for scope. Section 3 also contains interpretive rules about definitions and inclusion of operations manual text in the operator’s training and checking manual (s 3(4)) and treatment of deemed expiry dates or when an old event is deemed to have occurred per the pre-2 December 2021 legislation (s 3(5)). Those are internal operational provisions designed to align the instrument with the transitional state of the law at commencement.

No subsequent amending instrument, revocation, or replacement is included in the provided text. The Schedule itself contains a comprehensive set of transitional mappings (items 1-17) and particular expiry triggers (Column 3). Any future amendment to this instrument, or repeal, would need to be made by CASA under the same delegated power or another statutory power; the instrument does not itself record such amendments. For legal practice, this means one must check the official legislative database or CASA notices after the instrument’s commencement date to identify any further amendments, revocations, or replacement determinations; the instrument does not supply a post-commencement amendment history in its text.

The instrument text does not include any litigation history, case references, or judicial exposition. It is a delegated administrative determination and the Schedule does not name any cases. The instrument itself cites only other statutory materials and MOS provisions (CAO 20.11, CAO 82.6, CAR, Part 133 MOS, CASR reg 133.005) and makes internal notes to those instruments. There are no judicial decisions, appeals, or litigation outcomes recorded within this instrument.

For practitioners, that means the instrument’s legal effect must be interpreted strictly from its text and from the statutory provisions it cites. Any judicial interpretation or administrative review decisions that later consider the instrument’s validity, construction or application would appear in separate records (not in this instrument). Where disputes arise in application (for example, whether an old event was properly “valid immediately before 2 December 2021,” or whether a particular flight is a “relevant flight”), those disputes would be resolved by CASR enforcement processes or by courts/tribunals applying CASR and the instrument. The instrument provides no precedent or litigation guidance on those points.

In short: no litigation history is present in the instrument itself; any reliance on judicial interpretation will require separate legal research beyond this instrument’s text.

The Schedule’s detailed mappings and mixed expiry mechanics create a number of practical “gotchas” for operators, crew and compliance advisers. These are concrete implementation traps arising from how the instrument is drafted and what it requires, grounded in the instrument text.

1. Multiple expiry triggers and “earlier of” language

   • Many Column 3 entries use “the earlier of” constructions. For example, for general emergency checks of competency (non-life-raft elements) items frequently list three possibilities: expiry of the old emergency procedures proficiency test; the day the person undertakes a recurrent general emergency check of competency mentioned in Column 1; or 2 December 2022 (see Schedule Column 3 across items 1, 4, 10, 16 etc.). Operators must calculate which of those triggers occurs first. Failure to do so can result in mistakenly relying on the deemed event after it has lapsed.
   • For life-raft/underwater escape elements, the expiry mechanics differ (3 years after the old test or 2 December 2024), so a one-size-fits-all expiry assumption will be wrong (see Column 3 entries addressing life rafts).

2. “Valid immediately before 2 December 2021”

   • Many old events must have been “valid immediately before 2 December 2021” (see numerous Column 2 entries). The instrument does not itself define “valid” beyond this phrase; operators must rely on the earlier CAO/CAR rules to determine validity, and s 3(5) instructs that deemed expiry dates or deemed times under the old regime must be taken into account. Records that are ambiguous on validity date can be contentious.

3. Different treatment depending on T&CO status

   • Several items distinguish persons who were subject to the operator’s T&CO under regulation 217 of CAR immediately before 2 December 2021 from those who were not. For example, conversion training/proficiency checks done under a T&CO are treated as old events for persons under a T&CO (Schedule items repeatedly refer to this). If a person was nominally under a T&CO but documentation is missing, the operator cannot rely on the T&CO old-event mapping.

4. Inclusion of operations manual text as part of training and checking manual

   • s 3(4) says a reference to an operator’s training and checking manual includes relevant text in the operator’s operations manual. That can cause confusion where training requirements are split between the two documents; operators need to ensure both are harmonised and that the “relevant text” is clearly identified.

5. NVIS and CAO 82.6 specifics

   • For NVIS operations the old event can be NVIS training and an NVIS proficiency check under CAO 82.6 (Schedule entries with NVIS references). NVIS training is specialised, and mixing NVIS and non-NVIS flights without careful qualification checks risks incorrect reliance on the deeming.

6. Substitution of operational experience (unsupervised flights) for formal checks

   • The Schedule sometimes treats “conduct of at least 1 unsupervised charter or aerial work (air ambulance) flight for the operator” as an old event to qualify certain persons without formal T&CO events (see multiple items). That substitution can be attractive to operators but is risky if records do not clearly show the unsupervised flight’s nature or timing and whether it matches the item’s required type/class/kind of rotorcraft.

7. Remedial training still possible

   • Several Notes state that remedial training under MOS sections may still be required (see notes in various items, for example references to section 12.09, 14.09, 15.09). Even if a person is deemed to have met a new requirement, an operator or CASA may still require remedial training per MOS if performance standards necessitate it.

8. Temporal scope , applies only to “relevant flights”

   • s 5 states the instrument “applies in relation to a relevant flight.” The instrument’s Notes identify regulation 133.005 for Part 133 scope. A flight outside that scope cannot rely on the instrument, so operators that conduct mixed operations must be careful to apply the deeming only where Part 133 applies.

9. Delegated instrument authority and potential for future amendment

   • The instrument is a CASA delegate’s determination (instrument heading). Whilst not an immediate “gotcha,” operators should monitor CASA publications for amending determinations or further interpretive guidance that could alter how the Schedule is applied.

10. Record-keeping and evidentiary burden

    • Because the instrument’s effects are fact-dependent (old event occurrence and date, validity, person’s T&CO status, timing of recurrent checks), the evidentiary burden to show the s 6 criteria are met rests with the party asserting the deeming (typically the operator). Poor record-keeping will make it hard to rely on the instrument.

In summary, the main operational pitfalls are timing calculations, correctly classifying persons and events against the Schedule’s categories, ensuring records establish validity at the critical pre-2 December 2021 moment, and aligning manuals with MOS requirements. Each of these is expressly embedded in the instrument’s text.

Compliance requires a systematic, evidence-based approach that maps staff and events against the Schedule, documents validity, tracks expiry triggers, updates operational manuals, and schedules recurrent Part 133 checks. The instrument provides the legal mechanics; operators must operationalise them.

Step 1 , Inventory affected staff and roles

• Create a roster of all crew who operate on “relevant flights” (recall s 5 and the Note re reg 133.005) and categorise them by the Schedule’s person types: FCM, ACM, CCM, MTS, or crew with duties analogous to those roles.
• Identify for each person whether they were, immediately before 2 December 2021, subject to a T&CO under CAR reg 217 (as many Schedule items treat T&CO persons differently).

Step 2 , Match old events to Schedule items

• For each person, identify which Schedule item applies (items 1-17 cover flight crew, air/cabin crew, and MTS). The Schedule’s Column 1 states the new requirement and references Part 133 MOS paragraphs/sections; Column 2 states the old event that may be treated as satisfying the new requirement.
• For old events, verify the exact nature of the old event recorded: emergency procedures proficiency test, recurrent test, flight review (Part 61), instrument proficiency check, operator conversion/line/differences training under T&CO, NVIS training under CAO 82.6, or conduct of specified unsupervised flights.

Step 3 , Check validity timing and documentation

• Demonstrate that the old event “happened” and was “valid immediately before 2 December 2021” where the Schedule requires that (many Column 2 entries). Use the operator’s records, logbooks, certificates, T&CO records, and any operations manual entries treated as training and checking manual text per s 3(4).
• Apply s 3(5): where the pre-2 December 2021 legislation deemed expiry dates or event times, record those deemed timings in your evidence. If the old regime had different expiry mechanisms, account for them when testing current validity.

Step 4 , Determine the applicable expiry rule

• For each Schedule item applicable to a person, identify Column 3’s expiry rule. Determine whether it is:
  • No expiry date (i.e., training event like operator conversion/differences/line training);
  • The earlier of expiry of the old event, the day the person undertakes a recurrent new check, or 2 December 2022; or
  • For life-raft/underwater escape elements, 3 years after the old test or 2 December 2024.
• Create a timeline for each person showing the date of the old event, the old event’s expiry (if any), and the relevant hard fallback dates (2 December 2022 or 2 December 2024 as applicable).

Step 5 , Plan recurrent checks and remedial training

• Schedule recurrent Part 133 checks so they occur before the expiry trigger (if the old-event deeming would otherwise lapse before your next planned flight). The Schedule frequently makes the day the person undertakes the recurrent new check an expiry trigger: once they undertake and pass the recurrent new check, the new-check regime applies and the old-event deeming may no longer be the operative basis for further flights.
• Account for remedial training: Notes in the Schedule reference MOS remedial-training sections (for example sections 12.09, 14.09, 15.09). Even where the instrument deems compliance, operators should retain authority to request remedial training where MOS standards indicate it.

Step 6 , Update manuals and integrate operations manual text

• Ensure the operator’s training and checking manual reflects the training elements being relied on and that any relevant operations manual text is identified and recorded as part of the training and checking manual as permitted by s 3(4).
• Align the operator’s training and checking manual with the Part 133 MOS provisions cited in Column 1 for each new requirement (for example paragraph 12.03, 14.03, 15.03 and the corresponding MOS sections).

Step 7 , Strengthen record-keeping and evidence trail

• Retain certificates, logbook entries, T&CO training/check records, dates of old event validity, and evidence of any unsupervised flights relied upon as old events. The instrument’s operation is fact-dependent; robust evidence reduces enforcement risk.
• For NVIS operations, keep CAO 82.6 NVIS training and proficiency check documentation as required by the relevant Schedule items.

Step 8 , Governance, audit and communication

• Record internal compliance decisions reflecting which staff are being treated as meeting new requirements by virtue of the instrument and the basis for that determination (which Schedule item and which Column 2 old event is relied upon).
• Train compliance/audit staff to understand the different expiry rules and to flag upcoming expiry triggers (e.g., a rolling checklist that flags persons whose old-event expiry or the hard transitional date is approaching).
• Communicate to crew the operational implications: whether they are operating under the deemed compliance, and what recurrent checks/remedial training they must undertake and by when.

Step 9 , Seek CASA clarification if uncertain

• If uncertainty remains,for example about whether a particular old event is “valid immediately before 2 December 2021” or whether a flight is a “relevant flight” under Part 133,seek CASA guidance or written clarification rather than assume the deeming applies. The instrument was made by a CASA delegate (instrument heading), and CASA is the relevant regulatory body to resolve interpretive questions.

Checklist summary (practical)

• Map person → Schedule item.
• Establish old-event occurrence and validity as of 2 Dec 2021.
• Compute expiry trigger (Column 3) and mark date(s).
• Schedule Part 133 recurrent checks to avoid lapsing of deemed compliance.
• Update training/checking manual and align with MOS provisions.
• Keep auditable records of all decisions and evidence.
• Treat remedial training as an operational tool where MOS requires it.
• Confirm NVIS/T&CO status where applicable.

Following these steps aligns operators’ practices with the instrument’s legal mechanics (s 6 and Schedule 1) and reduces the risk of operating in reliance on the instrument where its preconditions are not demonstrably met.