143.020 What an application must be accompanied by
143.025 When applicant is eligible for approval
143.030 Approval subject to conditions
143.035 Approval not transferable
143.040 Certificate under Subpart F
143.045 How long approval remains in force
143.050 Variation of approvals
Subpart C Requirements to be complied with by ATS training providers
Division 1 Requirements for training
143.055 Standard for training
143.060 Training plan
Division 2 Personnel
143.065 Personnel
143.070 Qualifications for certain personnel
Division 3 Reference materials, documents and records
143.075 Reference materials
143.080 Material to be included in reference materials
143.085 Documents and records
143.090 Document and record control system
143.095 Advice on organisational changes
143.100 Discontinuing training
143.105 Status as a registered training provider
143.110 Unapproved training
143.115 Applicability of this Subpart
143.120 Joint applications not permitted
143.125 How to apply — application by individual applicant
143.130 How to apply — application by corporation etc
143.135 Who to apply to
143.140 Application for approval cancelled previously
143.145 CASA may require demonstrations of procedures or equipment
143.150 Other things CASA can ask individual applicant to do — interview
143.155 Other things CASA can ask applicant to do — provide more information
143.160 Statutory declarations to verify applications
143.165 Matters that CASA may or must take into account
143.170 Statutory declarations to verify statements in submissions
143.175 When CASA must approve an applicant
143.180 When decision must be made
143.185 Notice of decision
143.190 Certificate about approval
143.195 Return of certificate if approval cancelled
143.200 Applicability of this Division
143.205 Application for variation
143.210 CASA’s power to vary condition of approval
Division 4 Suspension and cancellation of approvals
143.215 Definition for this Division
143.220 Suspension of approval by show cause notice
143.225 Grounds for cancellation of approval
143.230 Notice to show cause
143.235 Cancellation of approval after show cause notice
143.240 Cancellation at request of ATS training provider
143.005 Applicability of this Part
This Part:
(a) applies to a person that wants to become, or is, an ATS training provider; and
(b) sets out certain administrative rules applying to CASA in its administration of this Part.
143.010 Definitions for this Part
Australian National Training Authority means the Australian National Training Authority established by the Australian National Training Authority Act 1992.
Australian Qualifications Framework means the framework set out in a document called ‘Australian Qualifications Framework Implementation Handbook’ published by the Australian Qualifications Framework (AQF) Advisory Board in 1998.
Australian Recognition Framework means the framework set out in a document called ‘Australian Recognition Framework Arrangements’ published by the Australian National Training Authority in January 1999.
Manual of Standards – Part 65 means the document called ‘Manual of Standards (MOS) – Part 65’ published by CASA, as in force from time to time.
Manual of Standards – Part 143 means the document called ‘Manual of Standards (MOS) – Part 143’ published by CASA, as in force from time to time.
registered training provider means a training provider that is registered, in accordance with the Australian Recognition Framework, as a provider of particular vocational education and training by a training recognition authority of a State or Territory.
training provider means a person who, or entity that, provides vocational education and training.
training recognition authority, in relation to a State or Territory, means a body that has, under a law of the State or Territory, the responsibility for registering training providers in that State or Territory.
143.015 What is an ATS training provider
An ATS training provider is a person approved, under Subpart F, to provide the training relating to air traffic services that is covered by the approval.
Subpart B Approval as an ATS training provider
143.020 What an application must be accompanied by
An application for approval as an ATS training provider must be accompanied by:
(a) a written statement setting out details of the training relating to air traffic services that the applicant proposes to provide; and
(b) a written statement setting out details of the relevant qualifications and experience of the applicant and applicant’s personnel, including the number of suitably qualified personnel who will be involved in providing the training; and
(c) enough information to show that the applicant is a registered training provider whose registration:
(ii) is for training delivery covering the training; and
(d) a written statement describing the arrangements the applicant has made to comply with the requirements of Subparts C and D.
143.025 When applicant is eligible for approval
For Subpart F, an applicant is eligible to become an ATS training provider for particular training relating to air traffic services if the applicant:
(a) is a registered training provider whose registration:
(ii) is for training delivery covering that training; and
(b) is able to comply with the requirements of Subparts C and D or will be able to do so if the applicant is approved.
143.030 Approval subject to conditions
If an ATS training provider’s approval is subject to conditions, the provider must comply with the conditions.
143.035 Approval not transferable
An approval is not transferable.
143.040 Certificate under Subpart F
A certificate issued under Subpart F to an ATS training provider must, as well as including the information required by that Subpart:
(a) state the provider’s name and address of its principal place of business; and
(b) specify the training relating to air traffic services that is covered by the approval.
143.045 How long approval remains in force
(1) An ATS training provider’s approval:
(a) comes into force on the date stated in the certificate issued to the provider under Subpart F; and
(b) remains in force until it is cancelled.
(2) However, the approval is not in force during any period of suspension.
143.050 Variation of approvals
(1) If an ATS training provider wants to vary its approval, it must apply to CASA, under Subpart F, for that purpose.
(2) The application must contain, or have with it, a copy of the proposed variation.
(3) If CASA grants the application under Subpart F, the variation takes effect:
(a) if a day is set out in the written notice given to the provider under Subpart F — on that day; or
(b) if no day is set out — when the notice is given to the provider.
Subpart C Requirements to be complied with by ATS training providers
Division 1 Requirements for training
143.055 Standard for training
An ATS training provider must ensure that the training relating to air traffic services that it provides:
(a) is of at least the standard required by the Manual of Standards – Part 65; and
(b) complies with the Australian Qualifications Framework.
143.060 Training plan
An ATS training provider must have, and put into effect, a training plan for the training relating to air traffic services covered by its approval that is in accordance with the standards and requirements set out in the Manual of Standards – Part 65.
Division 2 Personnel
143.065 Personnel
An ATS training provider must have, at all times, enough suitably qualified personnel to enable it to provide, in accordance with both the Australian Recognition Framework and the standards and requirements set out in the Manual of Standards – Part 65, the training relating to air traffic services that is covered by its approval.
143.070 Qualifications for certain personnel
An ATS training provider must not give to a person responsibility as an instructor or assessor for any training relating to air traffic services that it provides unless the person:
(a) has suitable qualifications and experience in accordance with the Australian Recognition Framework; and
(b) satisfies the requirements of the Manual of Standards – Part 65 for persons having that responsibility.
Division 3 Reference materials, documents and records
143.075 Reference materials
(1) An ATS training provider must maintain a set of the reference materials mentioned in regulation 143.080 for use by members of its personnel who have responsibilities as instructors or assessors for any training relating to air traffic services that it provides.
(2) The provider must maintain another set of the reference materials for use by anyone undertaking training relating to air traffic services that it provides.
(3) The provider must keep the reference materials up to date and in a readily accessible form.
(4) The instructors and assessors and anyone undertaking training must have ready access to the reference materials.
143.080 Material to be included in reference materials
For regulation 143.075, the reference materials to be maintained by the provider must include the following:
(a) copies of the Act and these Regulations;
(b) copies of Annexes 1, 6, 11 and 12 to the Chicago Convention;
(c) a copy of the AIP;
(d) copies of the Manual of Standards – Part 65 and the Manual of Standards – Part 143;
(e) all manuals and documents specified in the Manual of Standards – Part 65 and Manual of Standards – Part 143.
143.085 Documents and records
(1) The provider must keep documents and records of the kinds specified in the Manual of Standards – Part 143.
(2) A document or record must be retained for as long as the Manual specifies for the particular kind of document or record.
(3) The provider must, at CASA’s request, make the documents and records, or copies of them or extracts from them, available for inspection by CASA.
143.090 Document and record control system
(1) The provider must establish, and put into effect, a system, in accordance with the standards set out in the Manual of Standards – Part 143, for controlling the documents and records required to be kept under regulation 143.085.
(2) The system must include the policies and procedures for making, amending and preserving those documents and records.
143.095 Advice on organisational changes
The provider must tell CASA, in writing, of a change of circumstances that materially affects its capacity to provide any training relating to air traffic services that is covered by its approval within 7 days after the change occurs.
143.100 Discontinuing training
(1) The provider must not discontinue any training relating to air traffic services that is covered by its approval, unless it has given CASA at least 28 days written notice that the training is to be discontinued.
(2) Subregulation (1) does not apply if, having regard to the provider’s circumstances:
(a) it was not reasonably practicable for the provider to give to CASA at least 28 days notice; and
(b) the provider gives the notice as soon as reasonably practicable before, on or after the day when the service is discontinued.
143.105 Status as a registered training provider
If an ATS training provider, for any reason at any time after its approval as an ATS training provider, loses its status as a registered training provider, it must, within 7 days, tell CASA in writing accordingly.
143.110 Unapproved training
An ATS training provider must not provide any training relating to air traffic services unless:
(a) its approval:
(ii) covers that training; and
(b) it is a registered training provider whose registration:
(ii) is for training delivery covering that training.
143.115 Applicability of this Subpart
This Subpart:
(a) sets out certain administrative rules applying to CASA in its administration of this Part; and
(b) includes certain generic provisions applying to anyone who wants to become, or is, an ATS training provider.
143.120 Joint applications not permitted
143.125 How to apply — application by individual applicant
(1) An individual must apply for approval as an ATS training provider in the way set out in this regulation.
(a) must include any information required by or under these Regulations; and
(b) must be accompanied by any document required by or under these Regulations.
143.130 How to apply — application by corporation etc
(1) A legal person other than an individual must apply for approval as an ATS training provider in the way set out in this regulation.
(a) must set out the applicant’s registered address and ACN; and
(b) must give the names and addresses of its officers; and
(d) must be accompanied by any document required by or under these Regulations.
(a) if the applicant concerned is incorporated under the Corporations Law — has the meaning given by section 82A of that Law; and
(b) in the case of any other applicant — means the people responsible for its management and control, and includes anybody with whose directions or wishes the applicant ordinarily complies.
143.135 Who to apply to
143.140 Application for approval cancelled previously
If an applicant for approval as an ATS training provider has previously been approved as an ATS training provider, and the approval was cancelled for a reason mentioned in regulation 143.225, the applicant must include with the application any available evidence tending to show that the applicant could now properly provide the training relating to air traffic services that it proposes to provide.
143.145 CASA may require demonstrations of procedures or equipment
(1) CASA may ask an applicant, in writing, to conduct demonstrations of its procedures or equipment to assess whether the applicant can properly provide the training relating to air traffic services that it proposes to provide.
(2) The request must describe the demonstrations that the applicant is required to conduct.
(3) The demonstrations must be conducted under the observations of an officer authorised by CASA in writing for that purpose.
(4) If CASA asks an applicant to conduct a demonstration under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant conducts the demonstration.
143.150 Other things CASA can ask individual applicant to do — interview
(1) CASA may ask an individual who is an applicant, in writing, to come to a specified reasonable place at a specified reasonable time to be interviewed.
(2) If CASA asks an applicant to come for interview, under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant participates in the interview.
143.155 Other things CASA can ask applicant to do — provide more information
(1) If CASA reasonably needs more information or another document to allow it to consider an application, CASA may ask the applicant in writing to give it information, or a copy of a document, specified in the request.
(2) If CASA asks for more information, or a copy of a document, under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant gives it the information or copy.
143.160 Statutory declarations to verify applications
(2) If CASA asks an applicant to verify a statement under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant gives it the statutory declaration.
143.165 Matters that CASA may or must take into account
(c) the contents of any statutory declaration made by the applicant, or an officer of the applicant, under regulation 143.160; and
(d) any demonstration of procedures or equipment conducted by the applicant under regulation 143.145.
(a) tell the applicant, in writing, that it intends to do so, and the substance of what CASA intends to take into account; and
(b) invite the applicant, in writing, to make a written submission about the matter within a specified reasonable time.
(4) When deciding whether to approve an applicant previously approved as an ATS training provider and whose approval was cancelled under regulation 143.235, CASA must take into account:
(c) any evidence of the kind mentioned in regulation 143.140 that the applicant submits.
143.170 Statutory declarations to verify statements in submissions
(1) CASA may ask an applicant, in writing, to verify any statement in a submission under subregulation 143.165 (3) by statutory declaration.
(3) If CASA asks an applicant to verify a statement under subregulation (1), CASA need not begin to consider, or may stop considering, the application until the applicant gives it the statutory declaration.
143.175 When CASA must approve an applicant
(1) Subject to section 30A of the Act, if an applicant has applied for approval as an ATS training provider in accordance with this Part, CASA must approve the applicant if:
(a) the applicant is eligible to be approved; and
(b) any other requirements for the approval by or under these Regulations by or in relation to the applicant are satisfied; and
(c) no provision of these Regulations forbids CASA to approve the applicant, or makes the applicant ineligible for the approval; and
(d) approving the applicant would not be likely to have an adverse effect on the safety of air navigation.
(2) CASA may approve the applicant subject to any condition necessary in the interests of the safety of air navigation.
143.180 When decision must be made
(1) If CASA does not make a decision about an application within the period mentioned in subregulation (2) after receiving it, CASA is taken to have refused the application.
(2) The period is 6 months.
(3) However, if CASA makes a request under regulation 143.145, 143.150 or 143.155, the time between when CASA makes the request, and when the applicant conducts the demonstration, comes in for interview, or gives CASA the information or copy requested, does not count towards the period.
(4) Also, if CASA asks an applicant to make a statutory declaration under regulation 143.160 or 143.170, the time between when CASA asks the applicant to do so and when the applicant gives CASA the statutory declaration does not count towards the period.
(5) Also, if CASA invites an applicant to comment under subregulation 143.165 (2), the time between when CASA gives the invitation and when the applicant comments does not count towards the period.
143.185 Notice of decision
(b) if the decision was to refuse the application, or to approve the applicant subject to a condition not sought by the applicant — the reasons for the decision.
143.190 Certificate about approval
(1) If CASA approves an applicant as an ATS training provider, CASA must issue to the applicant a certificate setting out:
143.195 Return of certificate if approval cancelled
(1) If CASA has issued a certificate about an approval, and the approval is cancelled, the person to whom the certificate was issued must return it to CASA immediately.
Note A person is not guilty of an offence of failing to do something that he or she is not capable of doing: see section 4.2 of the Criminal Code.
(3) It is a defence to a charge of contravening subregulation (1) that the defendant returned the certificate to CASA as soon as practicable.
143.200 Applicability of this Division
This Division applies in relation to variation of an approval (including imposing, removing or varying a condition applicable to the approval).
143.205 Application for variation
(1) An ATS training provider may apply to CASA to vary its approval.
(2) Division 2 applies to the application except that the provider need not give CASA information, or a document, that the provider has already given to CASA.
143.210 CASA’s power to vary condition of approval
(1) If necessary in the interests of the safety of air navigation, CASA may impose a condition on, or vary a condition of, an ATS training provider’s approval.
(2) CASA must give the provider written notice of the imposition or variation, and must specify a reasonable period within which the provider may make a submission in relation to the imposition or variation.
Division 4 Suspension and cancellation of approvals
143.215 Definition for this Division
show cause notice means a notice under regulation 143.230.
143.220 Suspension of approval by show cause notice
(1) CASA may state, in a show cause notice, that an ATS training provider’s approval is suspended if CASA reasonably considers that not suspending the approval would be likely to have an adverse effect on the safety of air navigation.
(2) If a show cause notice states that the approval is suspended, the approval is suspended from when the notice is given to the provider.
(4) If CASA has not cancelled the approval under regulation 143.235, within 90 days after the day the show cause notice is given to the provider, the suspension lapses at the end of that period.
143.225 Grounds for cancellation of approval
It is grounds for the cancellation of an ATS training provider’s approval if the provider:
(c) does not meet, or continue to meet, a requirement of this Part for getting the approval; or
(d) has otherwise been guilty of conduct that renders the provider’s continued holding of the approval likely to have an adverse effect on the safety of air navigation.
143.230 Notice to show cause
(1) CASA may give an ATS training provider a show cause notice if there are reasonable grounds for believing that there are facts or circumstances that amount to grounds for the cancellation of the provider’s approval.
(b) invite the provider to show in writing, within a reasonable period stated in the notice, why the approval should not be cancelled.
143.235 Cancellation of approval after show cause notice
(1) CASA may cancel an ATS training provider’s approval only if:
(b) CASA has given the provider a show cause notice in relation to the grounds for the proposed cancellation; and
(c) CASA has taken into account any written representations made, within the period stated in the notice, by or on behalf of the provider; and
(2) If CASA has given a show cause notice to an ATS training provider, and it decides not to cancel the provider’s approval, it:
(a) must tell the provider, in writing, of the decision; and
143.240 Cancellation at request of ATS training provider
(1) Despite anything else in this Part, CASA must cancel an ATS training provider’s approval if asked to do so, in writing, by the provider.
(2) The cancellation takes effect when the request is given to CASA, or if a later day is stated in the request, on the later day.