CASA 11/17-Direction-conduct of parachute training operations [F2017L00093]-Response required [2017] AUSStaCSDLM 80 (22 March 2017)

---

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.
Last day to disallow	9 May 2017
Authorising legislation	Civil Aviation Safety Regulations 1998
Department	Infrastructure and Regional Development
Scrutiny principle	Standing Order 23(3)(a)

Access to documents

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.