2BSMS amendment process

2B SMS amendment process

2B.1 In this subsection:

SMS amendment process is a process within an SMS for amendment of the SMS, or a specified part of the SMS, in accordance with this subsection.

Note The SMS amendment process can only be altered in accordance with subsection 2C.

2B.2 An operator, who does not have an SMS amendment process approved by CASA, must not amend the operator’s approved SMS without CASA’s approval.

2B.3 For paragraph 2B.2, CASA’s approval may only be given in the form of a new SMS approval.

2B.4 If an operator has an SMS amendment process, it must be approved in writing by CASA at the time CASA approves the operator’s SMS.

2B.5 An approved SMS amendment process must have the capacity to identify and record reliable information from which a reasoned and persuasive safety case may be developed to demonstrate whether or not a proposed amendment to the SMS is likely to:

(a) maintain at least the same level of safety as that which exists under the SMS at the time of the proposed amendment; or

(b) increase the level of safety above that which exists under the SMS at the time of the proposed amendment.

2B.6 Subject to paragraph 2B.10, if an operator has an approved SMS amendment process, the operator may, without CASA’s approval, make a proposed amendment to the operator’s SMS, but only if:

(a) the proposed amendment is:

(i) merely editorial; or

(ii) such that no reasonable person could doubt that the proposed amendment increases the level of safety above that which exists under the SMS at the time of the proposed amendment; or

(b) a safety case, developed in the SMS amendment process, demonstrates that the proposed amendment is likely to:

(i) maintain at least the same level of safety as that which exists under the SMS at the time of the proposed amendment; or

(ii) increase the level of safety above that which exists under the SMS at the time of the proposed amendment.

2B.7 If an operator makes an amendment to the operator’s SMS in accordance with this subsection, the amendment must not take effect until it is documented by being incorporated into every copy of the documents mentioned in subsection 2A used by the operator to which the amendment is relevant.

2B.8 If an operator makes an amendment to the operator’s SMS in accordance with this subsection, the amendment must be notified in writing to CASA in accordance with a procedure and timetable that must be set out in the operator’s approved SMS amendment process.

2B.9 An approved SMS amendment process may itself only be altered in accordance with subsection 2C.