CASA 11/17-Direction-conduct of parachute training operations [F2017L00093]-Concluded matters [2017] AUSStaCSDLM 161 (5 October 2017)

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Instrument	CASA 11/17 - Direction — conduct of parachute training operations [F2017L00093]
Purpose	Contains directions relating to aircraft engaged in parachute training operations by organisations that are members of the Australian Skydiving Association Inc.
Authorising legislation	Civil Aviation Safety Regulations 1998
Department	Infrastructure and Regional Development
Disallowance	15 sitting days after tabling (tabled Senate 7 February 2017) The time to give a notice of motion to disallow expired on 31 March 2017
Scrutiny principle	Standing Order 23(3)(a)
Previously reported in	Delegated legislation monitor 3 of 2017

Access to documents

The committee previously commented as follows:

Paragraph 15J(2)(c) of the Legislation Act 2003 requires the ES for a legislative instrument that incorporates a document to contain a description of that document and indicate how it may be obtained.

The committee's expectations where a legislative instrument incorporates a document generally accord with the approach of the Senate Standing Committee for the Scrutiny of Bills, which has consistently drawn attention to legislation that incorporates documents not readily and freely available (i.e. without cost) to the public. Generally, the committee will be concerned where incorporated documents are not publicly and freely available because persons interested in or affected by the law may have inadequate access to its terms.

With reference to the above, the committee notes that the instrument incorporates the Australian Skydiving Association (ASA) Operational Regulations approved in writing by CASA from time to time; the ASA Jump Pilot Handbook approved in writing by CASA from time to time and the ASA Training Operations Manual as existing from time to time.

The ES states that these documents are available from ASA; that the instrument only applies to organisations that are members of ASA; and that those organisations have access to those documents. However, the ES does not provide information as to where these documents may be accessed for free by persons other than organisations that are members of ASA.

The committee's expectations in this regard are set out in the guideline on incorporation contained in Appendix 1.

The committee requests the advice of the minister in relation to the above.

Minister's response

The Minister for Infrastructure and Transport advised:

I have sought advice from CASA on this issue and I am advised that ASA will provide copies of the ASA Jump Pilot Handbook and the ASA Training Operations Manual to any person, regardless of whether they are
an ASA member, on request. CASA has also advised that ASA is preparing to make the documents freely available on its website, and that ASA anticipates that it will do so by the end of April 2017.
I note the Committee's expectations regarding information on the availability of referenced material in Explanatory Statements. CASA has indicated that it will look at updating the Explanatory Statement for
CASA 11/17 when it is satisfied the documents have been made available by the ASA.

Committee's response

The committee thanks the minister for his response and has concluded its examination of the instrument.

The committee welcomes the minister's advice that ASA is in the process of making the incorporated documents freely available on its website and that CASA will update the ES to the instrument following the publication of these documents.