Appendix B: Management and accountability statistics

Staffing

Table B.1 Employees by classification and location at 30 June 2020

Table B.2 Employees by classification and location at 30 June 2019

Table B.3 Ongoing and non-ongoing employees by classification and gender at 30 June 2020

Table B.4 Ongoing and non-ongoing employees by classification and gender at 30 June 2019

Table B.5 Employees by classification and full-time/part-time at 30 June 2020

Table B.6 Employees by classification and full-time/part-time at 30 June 2019

Executive remuneration

Table B.7 Remuneration paid to key management personnel, 2019–20

Table B.8 Remuneration paid to senior managers, 2019–20

Table B.9 Remuneration paid to other highly paid employees, 2019–20

External scrutiny

Table B.10 Administrative Appeals Tribunal merits reviews of CASA regulatory decisions, 2017–18 to 2019–20

Table B.11 Categories of CASA decisions appealed to the Administrative Appeals Tribunal, 2019–20

Table B.12 Applications to the Federal Court for judicial review of CASA regulatory decisions, 2017–18 to 2019–20

Table B.13 Coronial inquiries, 2017–18 to 2019–20

Table B.14 CASA’s response to coronial recommendations, 2019–20

Recommendations for CASA

(1) CASA to consider including a regulation concerning equipment compatibility, in particular main parachute and container compatibility.

(2) CASA to consider recommending to the Australian Skydiving Association the implementation of six monthly equipment check and a day to day buddy checking system, as proposed to the APF above.

Response from CASA

Recommendation (1)

On 16 December 2019, the Civil Aviation Legislation Amendment (Parts 103, 105 and 131) Regulations 2019 were registered on the Federal Register of Legislation and included the provisions of Part 105 of the Civil Aviation Safety Regulations 1998 (Cth) (CASR). CASA considers that Part 105 of the CASR contains the required head of power to address recommendation a). Part 105 of CASR is due to commence in December 2021.

Regulation 105.010 of the CASR defines a major defect in a reserve parachute as something that may affect the safe operation of the parachute assembly or cause the parachute assembly to become a danger to persons or property. Regulation 105.055 of the CASR provides requirements (including offence provisions) if a person undertakes a parachute descent without a reserve parachute assembly that meets the equipment requirements specified in the Part 105 Manual of Standards, or is provided with a reserve parachute that does not meet those requirements. The Part 105 Manual of Standards is a legislative instrument that prescribes additional matters for the purposes stated in Part 105 of the CASR.

Regulation 105.060 provides that a reserve parachute is also deemed to be a defective parachute if it is subject to a report under regulations 105.045 or 105.050; it is subject to an airworthiness directive; the parachute assembly does not meet the equipment requirements of regulation 103.055 as specified in the Manual of Standards; or, the manufacturer has issued a notice stating safety action must be taken in relation to the parachute.

The definitions of reserve parachute and reserve parachute assembly will be prescribed in the Part 105 Manual of Standards.

As noted previously, regulation 105.055 requires that the reserve parachute assembly must meet and be maintained in accordance to the requirements as prescribed in the Part 105 Manual of Standards. The relevant text of the provision is as follows:

(3) The requirements are as follows:

(a) the reserve parachute assembly must meet the requirements prescribed by the Part 105 Manual of Standards;

(b) the reserve parachute assembly must have been maintained in accordance with the requirements prescribed by the Part 105 Manual of Standards.

The term reserve parachute assembly will also be defined in the Part 105 Manual of Standards and will prescribe all the components that make up the assembly, and likely include the container itself.

The Part 105 Manual of Standards is currently undergoing development by CASA and is expected to be completed by the end of 2020. The commencement of Part 105 (Regulation and Manual of Standards) is set for December 2021. It is CASA’s intention to ensure that the Manual of Standards prescribes requirements for ensuring that the ‘airworthiness’ of parachute equipment is comprehensively established and maintained.

CASA considers that the equipment standard in use by the peak Australian Parachuting body, the Australian Parachuting Federation (APF) should form the basis for the parachuting standard utilised within the Part 105 Manual of Standards, although CASA will also take into account the standards prescribed by other international aviation safety regulators.

The APF reissued its equipment standard in June 2019 (copy attached) in relation to component compatibility. It is anticipated that this will be updated again following acceptance of the latest proposed update of the APF Operational Regulations received by CASA in February 2020 to take into account the changes to the compatibility check requirements.

As part of the proposed update to the APF’s Operational Regulations currently under consideration, the following amended provisions (emphasis added) have been advised by the APF to CASA. It is expected that similar provisions will be adopted under the Part 105 Manual of Standards in due course:

6.1.11 Individual Responsibilities

A parachutist must:

(a) not contravene any provision of these regulations;

(b) not refuse or neglect to comply or be reckless as to whether or not they comply with these regulations or the Constitution or any other regulations;

(c) not act in a manner dangerous to themselves or others during the course of parachuting activities;

(d) ensure their equipment complies with Part Seven of these regulations;

(e) ensure their equipment is checked by another APF member (“buddy check”) before emplaning;

(f) comply with all pre-jump briefings;

(g) be assured of their position in relation to the target prior to exit; and

(h) report all incidents to the DZSO.

7.1.1 Harness and Parachutes (2020 Proposed Change to Op Reg)

(i) A parachutist must wear a harness and container system that complies with APF Equipment Standards and the TOM and which has at least two ram-air parachutes, one of which must be a reserve parachute.

(j) The main parachute must be verified as compatible with the rest of the parachute system by a Packer A or Rigger.

(k) The DZSO is responsible to ensure that:

(i) verification of compatibility is confirmed,

(ii) sport jumper equipment is inspected by an Instructor or Packer A for serviceability and compatibility every 12 months; and

(iii) records of inspections kept.

(l) An STO may approve equipment with a round parachute(s) for use, excluding displays, by the holder of a Certificate Class D or above, subject to conditions.

It is also noted that Part 105 of the CASR contains criminal offence provisions for the unauthorised conduct of parachuting activities and imposes additional obligations upon parachuting operators to ensure compliance with the obligations (including in relation to equipment) which are proscribed under that Part. For example, regulation 105.070 of the CASR provides as follows:

105.070 Additional obligations applying to parachute operators

(1) A parachute operator must take reasonable steps to ensure that each person employed or otherwise engaged by the operator to provide services or equipment for undertaking parachute descents:

(a) is aware of the obligations imposed on persons under this Part; and

(b) complies with any written procedures of the operator relating to the safe provision of those services or that equipment.

(2) A parachute operator must take reasonable steps to ensure that a person to whom the operator provides services or equipment for undertaking parachute descents:

(a) is aware of the obligations imposed on the person under this Part; and

(b) complies with any written procedures of the operator relating to the safe conduct of parachute descents.

(3) A person commits an offence if the person contravenes subregulation (1) or (2)

Penalty: 50 penalty units.

Recommendation (2)

As noted above, CASA has recently (February 2020) received for consideration and approval a proposed update to the APF Operational Regulations and this is presently under review.

The APF has presented CASA with the required updates, consistent with the Coroner’s recommendations, to require mandatory six-monthly (Novice) and 12-monthly (B certificate and above) equipment checks to be undertaken by a Packer A. Also contained within the proposed update to the Operational Regulations is the requirement for mandatory ‘buddy checks’ of equipment prior to emplaning (as extracted above).

Noting the proposed updated Operational Regulations also contain additional proposed changes not associated with the Coroner’s recommendations, it may be the case that the proposed Operational Regulations may not be approved in their totality, however, it is anticipated that the provisions extracted above will be accepted.

In relation to the obligation of the APF to ensure effective implementation of obligations such as the proposed six-monthly equipment check and day to day ‘buddy checking’ system, CASA is presently reviewing the Part 149 Manual of Standards which relates to the obligations of self-administering sport aviation bodies such as the APF. In conducting that review, CASA will be mindful of the coroner’s recommendation.

In discussions between CASA and the Australian Skydiving Association (ASA) it has been confirmed that the ASA will consider the recommendations that were made relating to day-to-day buddy checks and specific six-monthly equipment checks to mirror those contained in the APF’s currently proposed update. The usual practice has been for the ASA to commence updating of their Operational Regulations following CASA’s approval of any significant safety-based updates of the APF Operational Regulations. A current timeline for this process has not yet been determined, however, CASA will maintain contact with ASA on this point.

Recommendations for CASA

(A) I recommend a thorough review of the requirements of the CASA-approved APF Jump Pilot Manual, and its suitability for providing appropriate risk-based standards for all air operations by APF club members.

(B) I recommend that CASA and the APF review the implications for public safety of low-time or part-time jump pilots flying sorties in aircraft owned by APF club members and organisations not controlled by persons with the background and experience of an AOC operator. Issues that should receive particular attention include:

(i) the level of training that jump pilots should be receiving and the introduction of specified and appropriately rigorous standards that would apply to jump pilots conducting flights transporting tandem parachutists to the point of departure from the aircraft;

(ii) the need for more regular proficiency checks of jump pilots with a qualified examiner, in accordance with a checking syllabus approved by CASA where the syllabus would focus on matters germane to the airlift component of flights carrying tandem parachutists;

(iii) the creation of a new operational rating or endorsement with special attention to moulding or expanding the application of the general competency rule contained in regulation 61.385 of the CASR to jump pilots to ensure a far higher standard of airmanship by jump pilots than is presently required; and

(iv) surveillance of the ‘airlift component’ of parachuting operations by CASA flying operations inspectors on a regular or systematic basis accompanied, where resources permit, by area safety officers of the APF.

Response from CASA

CASA is still considering its response to these recommendations.

Enforcement

Table B.15 Medical certificate cancellations and suspensions, 2017–18 to 2019–20

Table B.16 Licence and certificate actions, 2017–18 to 2019–20

Table B.17 Serious and imminent risk suspensions under section 30DC of the Civil Aviation Act 1988, 2017–18 to 2019–20

Table B.18 Aviation infringement notices and prosecutions, 2017–18 to
2019–20

Table B.19 Compliance-related actions, 2017–18 to 2019–20

Media, advertising and direct mail costs

Table B.20 Payments to media, advertising and direct mail organisations, 2019–20

Legal costs

Table B.21 Legal costs, 2019–20