CASA EX85/25 — Flight Training and Flight Tests by Grade 1 Training Endorsement Holders (Exemptions and Approvals) Instrument 2025

The central concept is the Grade 1 training endorsement, defined by reference to item 1 of table 61.1235 in CASR. This endorsement is held by flight instructors who have achieved the highest level of instructor qualification under Part 61. The instrument provides that these instructors are already sufficiently qualified and current to take on tasks that would otherwise require an instructor rating training endorsement (item 14 of table 61.1235) for certain training activities, or a flight examiner rating for testing and granting of authorisations.

The term training endorsement is used consistently with its meaning in Part 61: it is an endorsement on a flight instructor rating that authorises the holder to conduct flight training for specific ratings or endorsements. The instrument distinguishes between the instructor rating training endorsement (the general endorsement to train flight instructors) and the specific training endorsements for aircraft class, type, instrument rating, night VFR, night vision imaging system, low-level rating, sling operations, winch and rappelling, spinning, aerobatics, formation, and design features. Table 1 lists 15 authorisations that can be tested or granted by a Grade 1 endorsement holder under section 6.

Flight training and flight test are defined by regulation 61.010 of CASR. Flight training includes instruction, practice and examination, while a flight test is an assessment of competence for the grant of a rating or endorsement. The instrument uses these definitions. The flight examiner concept is important: section 6 conditions require the Grade 1 instructor to comply with certain flight examiner obligations, effectively creating a limited authorisation to act as an examiner for the listed authorisations.

The e-learning requirement in section 6(1)(c) is a key concept: the flight instructor must have completed the Flight Examiner Rating Course e-learning modules as prepared by CASA “from time to time”. This means the content may change during the instrument’s life and is not legislatively fixed. The course details are available on the CASA website. This requirement adds a compliance step before the approval can be used.

The exemption in section 4 is conceptually distinct from the approval in section 6. The exemption removes a barrier to conducting training; the approval creates a new power to test and grant. Both are conditional on the instructor holding appropriate endorsements. The Part 141 operator and Part 142 operator concepts are relevant: only instructors employed or engaged by such operators can use the section 6 approval, and the operators themselves are exempted from requiring the instructor to be authorised under Part 61 for the exempted training under section 5.

The instrument primarily affects flight instructors who hold a Grade 1 training endorsement. These are experienced instructors who have reached the top tier of the instructor rating system. For them, the instrument offers an alternative pathway to conduct flight training for Grade 2 training endorsements and several niche endorsements without holding an instructor rating training endorsement, and to conduct flight tests and grant authorisations for a range of ratings and endorsements without holding a flight examiner rating. The conditions of the approval (section 6(4)) impose obligations such as operator approval and compliance with CASR provisions that are equivalent to those of a flight examiner. The instructor bears the cost of completing the CASA e-learning modules and must maintain currency through proficiency checks under section 6(1)(b).

Part 141 and Part 142 operators are directly affected. Under section 5, they and their head of operations are exempted from provisions in Part 141 or 142 that would require the flight instructor to be authorised under Part 61 for the relevant flight training. This reduces regulatory compliance burden for these operators by allowing them to employ Grade 1 instructors for those training tasks without needing a separate instructor rating training endorsement. However, the section 6 approval is only available if the instructor is employed or engaged by such an operator and the operator has approved the instructor to conduct the flight training. This ties the approval to the operator’s own approval, giving the operator discretion to limit the instructor’s activities. Operators must also ensure that the instructor meets the conditions (such as holding the endorsements and the e-learning completion) before relying on the approval for testing.

Pilots seeking the authorisations listed in Table 1 are indirectly affected: they may have their flight tests conducted by a Grade 1 instructor under the approval, or receive the grant of a rating or endorsement from that instructor. This expands the availability of examiners for these particular authorisations. The cost/benefit for the pilot is that the instructor might be more accessible than a flight examiner, but the quality of assessment is presumed equivalent because the instructor must meet the same flight examiner obligations and have the necessary endorsements.

Other flight instructors (those without Grade 1 endorsements) are not directly affected except that the instrument may increase the supply of training and testing capacity, potentially reducing wait times.

CASA is the regulator and has issued the instrument as a delegate. It retains oversight through the sunset provision and through the conditions that require the instructor to hold valid endorsements and proficiency checks. The instrument reduces CASA’s direct regulatory role for these specific activities by relying on operator oversight and existing licensing requirements.

The instrument grants rights to Grade 1 training endorsement holders. Under section 4(1), they have the right to conduct flight training for Grade 2 training endorsements and for the listed training endorsements without holding an instructor rating training endorsement. This is an exemption from a prohibition in CASR. Under section 6(2) and (3), they are approved to conduct flight tests and grant the authorisations listed in Table 1. This approval is a significant right because it allows them to perform tasks normally reserved for flight examiner rating holders.

Duties are imposed by the conditions. For the exemption in section 4(1)(b), the duty is that the flight instructor must hold the same kind of training endorsement as that for which the flight training is conducted (subsection 4(2)). For the approval under section 6, the instructor must:

• Hold the endorsements and ratings specified in Table 1 column 2 for the particular authorisation (section 6(4)(a)).
• Be employed or engaged by a Part 141 or 142 operator who is authorised to conduct flight training of the kind, and have that operator’s approval (section 6(4)(b)).
• Comply with specified CASR provisions as if the instructor were a flight examiner (section 6(4)(c)). These provisions include: subregulations 61.1275(2) and (3) (concerning the conduct of flight tests and recording results); paragraph 61.1280(2)(e) (regarding the flight examiner’s responsibilities to not test unless satisfied the applicant meets prerequisites); regulation 61.1295 (obligation to submit reports and documents to CASA); and subregulations 61.1300(4) and (5) (requirements about the conduct of the flight test and use of approved test standards).
• Have completed the e-learning modules of the Flight Examiner Rating Course as prepared by CASA (section 6(1)(c)).
• Have met one of the currency alternatives in section 6(1)(b): either an instructor proficiency check within 24 months, or a flight test for the flight instructor rating within 12 months, or a flight test for a training endorsement within 24 months, or an operator proficiency check covering operations under the flight instructor rating within 24 months, each conducted by a flight examiner holding a flight instructor rating flight test endorsement.

The head of operations of a Part 141 or 142 operator has no additional duties under this instrument beyond those already in CASR; section 5 merely exempts them from requiring the instructor to be authorised under Part 61 for the exempted training.

Duties also arise for operators: they must ensure that they only rely on the approval for Grade 1 instructors who meet all conditions. The operator’s approval (section 6(4)(b)(ii)) is a duty on the operator to manage, but the instrument does not specify how that approval is to be given or recorded.

The instrument itself does not create new penalties. It is an exempting and approving instrument. However, enforcement occurs through the underlying CASR provisions. If a Grade 1 training endorsement holder conducts flight training or flight testing outside the scope or conditions of the exemption or approval, the protection of the instrument does not apply, and the person would be in breach of the requirements of Part 61.

For example, if an instructor conducts flight training for a Grade 2 training endorsement without holding an instructor rating training endorsement and does not meet the conditions (such as not holding the same training endorsement for the specific training endorsement under section 4(2)), then subregulations 61.065(1) and 61.1175(1) apply as normal, and the instructor could face action under Part 61 for conducting unauthorised training. Similarly, if an instructor conducts a flight test under section 6 but has not completed the e-learning modules, the approval is invalid, and the instructor would be acting as an unauthorised flight examiner, which is a breach of subregulation 61.245(3). The maximum penalties for such breaches are set out in the Civil Aviation Act 1988 and CASR; the instrument does not alter those.

CASA can also take administrative action, such as suspending or cancelling ratings, if conditions are breached. The instrument’s conditions serve as enforceable limitations. The fact that the instrument expires on 30 September 2028 means that reliance on it ceases automatically at that date; any continued activity under a purported extension would be unlawful.

The approval under section 6 is granted by CASA (through regulation 61.040), but it is conditional and may be revoked by CASA if the delegate believes the conditions are not being met. The instrument does not provide a separate review mechanism; aggrieved persons would rely on general administrative law.

The compliance burden for operators is indirect: they must monitor that instructors meet conditions if they intend to rely on the exemptions or approvals for their business operations. Failure to ensure instructor compliance could lead to the operator being in breach of Part 141 or 142 requirements for employing unqualified personnel.

This instrument interacts primarily with the Civil Aviation Safety Regulations 1998 (CASR), specifically Parts 61, 141 and 142. It is made under CASR and modifies their application for a defined class of persons.

Part 61 of CASR regulates flight crew licensing. The instrument explicitly references subregulations 61.065(1), 61.1175(1), 61.150(7), 61.245(3), and several provisions from Division 3 of Part 61 regarding flight examiners (61.1275, 61.1280, 61.1295, 61.1300). The exemption in section 4 removes the need for an instructor rating training endorsement for certain training. The approval in section 6 allows Grade 1 instructors to act as examiners for specific ratings and endorsements without holding a flight examiner rating, but they must comply with the examiner rules as if they were examiners.

Parts 141 and 142 of CASR govern approved flight training providers and integrated flight training operators. Section 5 exempts operators and their heads of operations from provisions that require the flight instructor to be authorised under Part 61 for the exempted training. This ensures that operators are not technically in breach for employing a Grade 1 instructor who lacks the instructor rating training endorsement. The approval under section 6 is conditional on the instructor being employed or engaged by a Part 141 or 142 operator, so it ties the testing and granting function to the operator’s organisational structure.

Regulation 61.040 is the power used to grant the approval. That regulation provides that CASA may approve a person for specified purposes. The instrument grants that approval in a generic way (to all Grade 1 instructors meeting the conditions), but it is still an approval under that regulation.

The instrument does not interact with other Commonwealth laws such as the Civil Aviation Act 1988 directly except through the CASR framework. It does not affect state or territory laws concerning aviation.

The duration (three years) means the instrument will require reissuance, amendment or expiry. This creates an interaction with the legislative framework for sunsetting instruments. If CASA does not replace it, the regulatory status quo (requiring instructor rating training endorsement and flight examiner rating) will resume.

There is no explicit interaction with international agreements (e.g., ICAO standards). The instrument is domestic and assumes compliance with CASR. The Flight Examiner Rating Course e-learning is CASA-administered, so CASA controls the qualification content.

The text of CASA EX85/25 as provided is the original signed instrument. It bears a single signature date of 29 September 2025 and commences on 1 October 2025. There is no indication of any amendment to this instrument within the source. The instrument is standalone and does not reference any amending instruments. Given that it is new (commencing 1 October 2025), it is unlikely to have been amended before that date. Any future amendments would be made by subsequent CASA instruments, which would be published on the Federal Register of Legislation. The instrument has a sunset date of 30 September 2028, after which it is repealed automatically unless earlier amended or replaced. The source does not provide any history of prior instruments on this topic; however, it is reasonable to note that this appears to be a fresh instrument rather than a continuation of a previous one. The citation style (CASA EX85/25) indicates it is the 85th exemption instrument of 2025.

The source does not mention any litigation concerning this instrument. Given that it has only just commenced (1 October 2025), there has been no opportunity for courts to interpret or apply it. There is no record of any challenge to its validity or to the exercise of the delegate’s power. The instrument is administrative and legislative in nature, and any litigation would likely arise from disputes over compliance with its conditions or from challenges to CASA’s decision to grant or not grant an approval under regulation 61.040. No cases are cited in the instrument itself. The terminology used (exemptions and approvals) is well-established in CASA practice, so there is unlikely to be novel interpretive controversy. Should litigation occur, it would focus on whether the conditions have been met (e.g., what constitutes “successfully completed” the e-learning, or whether an operator’s approval was validly given). The instrument’s sunset date creates a finite period for potential disputes.

Several aspects of the instrument may catch practitioners off guard.

First, the exemption in section 4(1)(b) for training endorsements (design feature, sling operations, winch and rappelling, spinning, aerobatics, formation) is subject to the condition that the flight instructor must hold the same kind of training endorsement (section 4(2)). This means an instructor cannot use this exemption to train for a training endorsement they themselves do not hold. For example, an instructor holding a Grade 1 endorsement but not a spinning training endorsement cannot conduct flight training for a spinning training endorsement under this exemption. This is a significant limitation that reduces the scope of the exemption for instructors who are not already endorsed in those specialised areas.

Second, the approval under section 6 requires the instructor to have completed the e-learning modules of the Flight Examiner Rating Course. These modules are “as existing from time to time”. If CASA changes the modules after the instructor has completed them, it is unclear whether the instructor remains compliant. The instrument does not require periodic re-completion. However, the note directs readers to the CASA website. If the modules are updated significantly, CASA might argue that only the latest version is acceptable. This creates uncertainty.

Third, the approval is only available if the instructor is employed or engaged by a Part 141 or 142 operator who is authorised to conduct the relevant flight training. This excludes Grade 1 instructors who work for smaller operators not holding Part 141 or 142 approval, or who are self-employed. Those instructors cannot conduct flight tests under this instrument. This effectively limits the benefit to larger, approved training organisations.

Fourth, the flight instructor may not need an instructor rating training endorsement for the training under the exemption, but the section 6 approval requires the instructor to hold an instructor rating training endorsement for some authorisations. Table 1 shows that for class rating training endorsement, instrument rating training endorsement, night VFR rating training endorsement, night vision imaging system rating training endorsement, and low-level rating training endorsement, the instructor must hold an instructor rating training endorsement. So the approval is not a complete substitute for that endorsement; it is only an alternative to the flight examiner rating.

Fifth, the expiry date of 30 September 2028 means that any training or testing conducted after that date without a new instrument would be unlawful. Instructors and operators should plan for the sunset and monitor CASA for replacement instruments.

Sixth, Section 6(4)(c) requires the instructor to comply with “the following requirements and obligations of Part 61 of CASR in respect of the flight test as if the instructor were a flight examiner”. This imposes full flight examiner duties, including reporting to CASA under regulation 61.1295. This is a substantive obligation that may be unfamiliar to instructors who have not previously acted as examiners. Failure to submit required reports could result in enforcement.

Seventh, the instrument does not specify what form the “approval” from the Part 141 or 142 operator (under section 6(4)(b)(ii)) must take. An oral approval might be insufficient for audit purposes. Prudent operators should document this approval in writing.

For a flight instructor who holds a Grade 1 training endorsement and wishes to use the exemption for training:

• Verify that the training you intend to conduct falls within section 4(1)(a) or (b).
• If it is for a training endorsement under paragraph (1)(b), confirm that you personally hold that specific training endorsement (e.g., if you want to train for sling operations endorsement, you must hold a sling operations training endorsement). This is a condition in section 4(2).
• Ensure you do not hold an instructor rating training endorsement? Actually the exemption is from the requirement to hold it, so you can still conduct the training if you hold it, but the exemption is not necessary. The key point: if you lack the instructor rating training endorsement, you may rely on this exemption only if you meet the condition. If you hold that endorsement, the exemption is redundant.
• The exemption itself has no other conditions (no e-learning, no operator approval) but note that section 5 only applies if you are employed by a Part 141 or 142 operator. If you are not, the exemption still applies to you individually, but the operator exemption may not operate.

For the approval to conduct flight tests and grant authorisations:

• Step 1: Ensure you meet the currency requirements in section 6(1)(b). You must have passed an instructor proficiency check within 24 months, or one of the alternatives (within 12 months for the flight instructor rating flight test, within 24 months for a training endorsement flight test, or within 24 months for an operator proficiency check). Keep records of these checks.
• Step 2: Complete the e-learning modules of the Flight Examiner Rating Course prepared by CASA. Check the CASA website for the current version. Retain a certificate or record of completion.
• Step 3: Identify which authorisation you wish to test or grant from Table 1. Ensure you hold all endorsements and ratings listed in column 2 for that item. For example, to conduct a flight test for an instrument rating training endorsement (item 5), you must hold an instrument rating training endorsement for the same category of aircraft and an instructor rating training endorsement for that category.
• Step 4: Confirm that you are employed or engaged by a Part 141 or 142 operator who is authorised to conduct flight training of the kind to which the authorisation relates. Obtain written approval from that operator to conduct flight training of that kind. Keep the approval on file.
• Step 5: Before conducting the flight test, ensure you comply with the CASR provisions listed in section 6(4)(c). This includes following the flight test conduct rules in subregulations 61.1275(2) and (3), the responsibility to not test unless prerequisites are met (paragraph 61.1280(2)(e)), the obligation to report to CASA under regulation 61.1295 (including submitting results), and the requirements about test standards under subregulations 61.1300(4) and (5). You should read these provisions carefully; failure to comply means you are not acting under the approval and could be in breach.
• Step 6: Record the flight test results and grant the authorisation in accordance with CASR. Ensure you issue the correct documentation.
• Step 7: Monitor the sunset date. After 30 September 2028, the instrument no longer applies. CASA may issue a replacement instrument; if not, you will need to hold a flight examiner rating to continue testing.

For a Part 141 or 142 operator:

• Verify that any Grade 1 instructor you employ and wish to rely on under section 5 or 6 meets the conditions.
• For the section 5 exemption, you do not need to take any action beyond ensuring the instructor qualifies for the exemption (i.e., holds a Grade 1 endorsement and the relevant training endorsement if required).
• For the section 6 approval, you must formally approve the instructor in writing to conduct flight training of the kind. You should also verify that the instructor has completed the e-learning and meets the currency requirements. Retain records of these verifications.
• Monitor the instructor’s continued compliance, especially with the flight examiner obligations under section 6(4)(c). If the instructor ceases to meet conditions, ensure they stop conducting flight tests immediately.