Part 6Human factors principles and non-technical skills — Australian air transport operators — exemptions

Part 6 Human factors principles and non-technical skills – Australian air transport operators – exemptions

25 Application of Part 6

This Part applies to an Australian air transport operator (the relevant operator) who, immediately before 2 December 2021:

(a) held an AOC, or was an early applicant for an AOC or an AOC variation, that:

(i) authorised charter operations, or aerial work (air ambulance) operations; and

(ii) did not authorise regular public transport operations; and

(b) was not the subject of a direction under regulation 11.245 to have an HFP&NTS program for the operator’s charter operations or aerial work (air ambulance) operations.

26 Exemptions

A relevant operator is exempted from compliance with the following provisions:

(a) paragraph 119.130(1)(e), but only to the extent that it applies to training and checking of operational safety-critical personnel (other than flight crew) in an HFP&NTS program;

(b) regulation 119.175;

(c) regulation 119.180;

(d) regulation 119.185.

27 Conditions of the exemptions — safety

It is a condition of the exemptions in section 26 that the relevant operator must not commence scheduled air transport operations until the relevant operator has complied with the directions in section 28.

28 Directions to take preparatory steps

(1) A relevant operator who has taken the benefit of any exemption under section 26 must:

(a) not later than the end of a date specified in writing by CASA — give CASA the proposed HFP&NTS program exposition content, along with any supporting documents that are specified in writing by CASA; and

Note 1 Through its website, and in communications to relevant operators, CASA will give at least 3 months’ notice of any appropriate specified dates for submitting the proposed HFP&NTS program exposition content.

Note 2 Any date specified in writing under paragraph 28(1)(a) of CASA EX87/21 continues to be specified for the purposes of this instrument — see subsection 55(2).

(b) subject to subsection (3), not commence using its proposed HFP&NTS program exposition content until the day it receives CASA’s written advice that it may do so.

Note 1 Receiving the written advice would permit a relevant operator to use the proposed HFP&NTS program exposition content immediately. In any event, it must be used as soon as the exemption expires on the specified date mentioned in section 29.

Note 2 Any advice given under paragraph 28(1)(b) of CASA EX87/21 continues in force as if given under this instrument — see subsection 55(1).