Couldn't help picking this up from UP, just brilliant and perhaps if you just can't be bothered submitting to another inquiry, just send this.
In 1998 The Australian Parliament introduced The Civil Aviation Amendment Bill, providing a basis for, among other things, implementation of the Regulatory Framework Reform Program.
Quote:
As a result of reviews of aviation regulation between 1988 and 1991, the Civil Aviation Authority began, in 1993, a program of redrafting the legislative structure of safety regulations. Since its establishment in 1995, the Civil Aviation Safety Authority (CASA) has continued the process of rewriting the entire safety regulations and associated advisory documentation. This process currently also reflects the Government's requirement, expressed in its policy statement Soaring into tomorrow,(1) that aviation regulations should be simple, straightforward and internationally harmonised.
Within CASA, this project has been entitled the Regulatory Framework Program. The present legislative framework is being reviewed with the objective of replacing the current Civil Aviation Regulations and Civil Aviation Orders with new Civil Aviation Safety Regulations. The principles underlying the new regulations require that they:
- are harmonised internationally with the US Federal Aviation Regulations (FARs) and the European Joint Aviation Regulations (JARs)
- are clear, concise and understandable
- have a safety outcome approach
- are enforceable
- avoid over-regulation, and
- are consistent with the role of CASA.
I would express concern that the current regulatory framework is clear or concise (it has dramatically increased the amount of shelf space required to hold the new regulations compared to the old 'non-concise' regulations it has so far replaced). Particularly compared to other examples of nations that have attempted to reform their regulations to harmonise with international civil aviation regulations.
This drawn out process has left me bewildered by the length of time taken and the spaghetti of regulations that have resulted. I found the original CARs/CAOs that the new system replaces (well will replace real soon) was far more concise and easy to follow.
There are people here with a better grasp of the history of regulatory reform and history of regulation, perhaps submissions outlining this process and the ongoing uncertainty and impact on operators of this process would be of benefit.
You can look up the CASA Annual Reports from 1999 to today and search for "Regulatory Reform Program". It is constantly referenced in the reports. I quickly extracted some bits from many of these showing the progress of the reforms to regulation that were intended to provide the industry with a set of regulations that would be: clear, concise and understandable, avoid over-regulation and have a safety outcome approach.
2000-2001
Quote:
CASA has been undertaking a major programme of regulatory reform since 1996. The Regulatory Reform Programme involves comprehensively reviewing existing regulatory documentation against a set of criteria that reflect the objective of ensuring our aviation standards are appropriate, clear, concise and aligned with international practice. Under the programme,CASA is progressively consolidating the 1988 CARs and the CAOs into a single set of Civil Aviation Safety Regulations (CASRs) with major Parts addressing different aspects of aviation operations.
2001-2002
Quote:
CASA’s Regulatory Reform Programme has been re-focused and is on target to deliver a world standard aviation safety regulation regime.
During the year the Regulatory Reform Programme was reviewed and, in consultation with industry, a target date of December 2003 was set for the rewrite of the regulations. We are well on track to achieving this goal.
2002-2003
Quote:
Over the past four years, CASA has brought a major program of regulatory reform near to completion with a comprehensive rewrite of aviation safety regulations. The reforms will underpin enhanced aviation safety with Australian standards that are clearer, more concise, unambiguous and better aligned with international practice.
...
The Regulatory Reform Program, a major initiative to re-write the bulk of Australian aviation regulations, remains essentially on track for completion by December 2003.
2003-2004
Quote:
The current Regulatory Reform Program (RRP), begun in 1999, is CASA’s vehicle for achieving a quantum improvement in the quality of Australia’s civil aviation safety standards. Following a review of progress in 2001, the program was scheduled for completion on 31 December 2003.2 This timetable was based on achieving the substance of reform without an unduly protracted change process. While ambitious, the timetable was intended to address industry expectations about an end to the extra demands of consultation and to restore regulatory certainty as soon as possible.In 2003–04, six CASR Parts were made, bringing the program total to 30 out of a planned 58. Substantial progress was also made in developing regulatory packages for the remaining CASR Parts. However, it became apparent that the December 2003 deadline could not be met without sacrifi cing the quality objective and the Minister asked that CASA review the timetable. CASA is now taking whatever time is necessary to refine the remaining Parts in further consultation with the industry. It is also looking again at how closely the rules target established safety risks and will make a real difference to safety outcomes.
...
CASA has been under considerable pressure, including from members of the aviation industry, to finalise the Regulatory Reform Program. I firmly believe, however, that if we are to achieve CASA’s goal of ‘safety through clarity’, the objective must be to get the rules right rather than completed quickly. As the Minister urged in his Charter Letter, we must take care not to squander the unique opportunity we have to achieve a world’s best practice regulatory system.
...
CASA’s intention is that the bulk of the Regulatory Reform Program will be completed during 2004-05.
2004-2005
Quote:
Rules for the sake of rules is not an acceptable outcome of reform. It is also extremely important for the new regulatory regime to be easy to understand and work within. Complex rules without good reason are not acceptable. This means new rules need to focus on the safety outcomes we are seeking to achieve and must be developed within a simple two-tier framework of the Civil Aviation Act and Civil Aviation Safety Regulations.
2005-2006
Quote:
CASA is committed to completing the Regulatory Reform Program, which will provide new rules in response to industry changes. This will require continuing resource investment by CASA and the industry, but reform will enable the industry to position itself well for the future.
2006-2007
Quote:
CASA is progressively combining and updating the requirements currently set out in the Civil Aviation Regulations and Civil Aviation Orders into new Civil Aviation Safety Regulations under its regulatory reform programme
2008-2009
Quote:
Parliamentary scrutiny CASA’s operations underwent intense scrutiny by the Senate Standing Committee on Rural and Regional Affairs and Transport through its Inquiry into the Administration of CASA and Related Matters. The inquiry received 61 submissions from the aviation industry, individuals and CASA, and held public hearings for two days in July 2008. In its report the committee made a number of recommendations, including: ... bringing the regulatory reform program to a conclusion as quickly as possible
2009-2010
Quote:
Many of the aviation safety regulations have been
reviewed and revised, and that process will continue
into 2010–11. The Aviation White Paper presented CASA
with some significant regulatory reform challenges,
including a requirement to complete the reform in 2011.
‘Regulatory reform’ is partly a misnomer—we currently
have an effective set of regulations in place, but we are
enhancing, modernising and refining them.
To date, approximately one-half of the 60 proposed CASR
Parts have been made and implemented. The remaining
half, however, form the core of our aviation safety
regulatory program, comprising the Maintenance suite,
Operational suite, and Flight Crew Licensing suite. The
Sport and Recreational Aviation suite of CASRs are also
yet to be finalised and implemented.
2010-2011
Quote:
2010-2011
In 2010–11 there was particularly strong performance in advancing the regulatory reform program; continuing to implement the objectives stated in the 2009 National Aviation Policy White Paper, Flight Path to the Future, and in the Australian Airspace Policy Statement 2010;
CASA Corporate plan 2009-2012
to complete the Regulatory Reform Program in a timely manner
Finalising the remainder of the CASA Regulatory Reform Program by December 2011 Result Priority was assigned to the passenger-carrying regulations, which have involved an intensive and extensive body of drafting work. The aerial work, sport and recreation, and other outstanding CASR Parts will be finalised in 2012.
2011-2012
Quote:
2011-2012
The year covered by this report saw material progress in the delivery of the regulatory reform program
CASA Corporate plan 2011-2014
Complete the Regulatory Reform Program in a timely manner
2013-2014
Quote:
2013-2014
Developing new aviation safety regulations, taking account of best international practice and aligning Australian requirements with relevant overseas practices. Measure Working in conjunction with the Office of Parliamentary Counsel (OPC) to finalise the outstanding parts of the operations regulations (by June 2014)
Work will continue on the development and implementation of the regulatory reform program, which includes transitioning the governance of flying training organisations, multi-crew training, checking organisations and design organisations to the new regulations.
2015-2016
Quote:
There was a new level of communication and transparency to complete the aviation regulatory reform program. A detailed timetable covering 20 regulatory change projects to be undertaken over the next three years was published after extensive consultation with aviation representative groups and individuals from all sectors of the aviation community.
The Regulatory Reform drafting, incorporating the classification of operations, a three tier structure where possible and meeting the Government’s requirements for new and amended regulations, will be completed by December 2015
2016-2017
Quote:
Regulatory reform and progress achieved in key areas CASA’s Board is working closely with the organisation to drive a practical approach to regulation. We have set some ambitious targets for the release of all outstanding regulations, and we will meet them by working to a deadline with defined deliverables and being transparent by making the regulatory reform timeline public. We are challenging ourselves to release regulations that are reasonable and relevant.
CASA will continue to focus on new regulations and instruments adhering to Commonwealth legal drafting practices and avoiding inconsistencies with other pieces of relevant legislation. Rules will continue to be prepared in accordance with a three-tier regulatory structure and using easy to understand language. CASA is committed to the remaining reform program regulations drafted for public and industry consultation by the end of 2018.
2017-2018
Quote:
Regulation reform program: Significant progress was made on CASA’s regulation reform program. CASR Part 149 – Approved Self Administering Aviation Organisations was made in July 2018. It had been hoped that completion of this Part would take place earlier in 2018, but important policy-related developments requiring additional consideration and associated drafting adjustments contributed to a longer than expected delay.
Develop and commence implementation of the final tranche of regulatory reform Result: The final tranche of regulatory reform – Civil Aviation Safety Regulations (CASR) Parts 91, 103, 105, 119, 121, 131, 133, 135, 138 – has commenced. Public consultation for CASR Part 91 and the Part 91 Manual of Standards was completed in May 2018. Aviation Safety Advisory Panel technical working group meetings were conducted for CASR Parts 121, 133 and 135. CASR Part 119 was discussed at each of the three working group meetings. CASR Part 149 was made in July 2018.
The Civil Aviation Safety Authority structures all regulations not yet made with the three-tier approach, and subsequently reviews all other Civil Aviation Safety Regulation Parts (in consultation with industry) to determine if they should be remade using the three-tier structure. Agreed in Principle The Government will support appropriate regulatory reforms in the future noting that there needs to be sufficient time for CASA and industry to transition to the changes, recognising this can often take several years.Rules will continue to be prepared in accordance with a three-tier regulatory structure. Subsequent reviews of other CASR Parts will determine if they need to be remade, noting that CASA, working with industry, has set out the immediate priorities for regulatory reform. Implementation is ongoing as drafting of the remaining parts of the regulatory reform program are progressed.
CASA expects all remaining parts of the regulatory reform program to be drafted by the end of 2018, noting that transition periods and final rule application may extend beyond the date of regulations being made.
So after this process since the 90s, have we a clear, concise and not over-regulated set of regulations?
As of 2020 the regulations now consist of all the documents at Current rules
jonkster is online now Report Post Quote Quick Reply
In 1998 The Australian Parliament introduced The Civil Aviation Amendment Bill, providing a basis for, among other things, implementation of the Regulatory Framework Reform Program.
Quote:
As a result of reviews of aviation regulation between 1988 and 1991, the Civil Aviation Authority began, in 1993, a program of redrafting the legislative structure of safety regulations. Since its establishment in 1995, the Civil Aviation Safety Authority (CASA) has continued the process of rewriting the entire safety regulations and associated advisory documentation. This process currently also reflects the Government's requirement, expressed in its policy statement Soaring into tomorrow,(1) that aviation regulations should be simple, straightforward and internationally harmonised.
Within CASA, this project has been entitled the Regulatory Framework Program. The present legislative framework is being reviewed with the objective of replacing the current Civil Aviation Regulations and Civil Aviation Orders with new Civil Aviation Safety Regulations. The principles underlying the new regulations require that they:
- are harmonised internationally with the US Federal Aviation Regulations (FARs) and the European Joint Aviation Regulations (JARs)
- are clear, concise and understandable
- have a safety outcome approach
- are enforceable
- avoid over-regulation, and
- are consistent with the role of CASA.
I would express concern that the current regulatory framework is clear or concise (it has dramatically increased the amount of shelf space required to hold the new regulations compared to the old 'non-concise' regulations it has so far replaced). Particularly compared to other examples of nations that have attempted to reform their regulations to harmonise with international civil aviation regulations.
This drawn out process has left me bewildered by the length of time taken and the spaghetti of regulations that have resulted. I found the original CARs/CAOs that the new system replaces (well will replace real soon) was far more concise and easy to follow.
There are people here with a better grasp of the history of regulatory reform and history of regulation, perhaps submissions outlining this process and the ongoing uncertainty and impact on operators of this process would be of benefit.
You can look up the CASA Annual Reports from 1999 to today and search for "Regulatory Reform Program". It is constantly referenced in the reports. I quickly extracted some bits from many of these showing the progress of the reforms to regulation that were intended to provide the industry with a set of regulations that would be: clear, concise and understandable, avoid over-regulation and have a safety outcome approach.
2000-2001
Quote:
CASA has been undertaking a major programme of regulatory reform since 1996. The Regulatory Reform Programme involves comprehensively reviewing existing regulatory documentation against a set of criteria that reflect the objective of ensuring our aviation standards are appropriate, clear, concise and aligned with international practice. Under the programme,CASA is progressively consolidating the 1988 CARs and the CAOs into a single set of Civil Aviation Safety Regulations (CASRs) with major Parts addressing different aspects of aviation operations.
2001-2002
Quote:
CASA’s Regulatory Reform Programme has been re-focused and is on target to deliver a world standard aviation safety regulation regime.
During the year the Regulatory Reform Programme was reviewed and, in consultation with industry, a target date of December 2003 was set for the rewrite of the regulations. We are well on track to achieving this goal.
2002-2003
Quote:
Over the past four years, CASA has brought a major program of regulatory reform near to completion with a comprehensive rewrite of aviation safety regulations. The reforms will underpin enhanced aviation safety with Australian standards that are clearer, more concise, unambiguous and better aligned with international practice.
...
The Regulatory Reform Program, a major initiative to re-write the bulk of Australian aviation regulations, remains essentially on track for completion by December 2003.
2003-2004
Quote:
The current Regulatory Reform Program (RRP), begun in 1999, is CASA’s vehicle for achieving a quantum improvement in the quality of Australia’s civil aviation safety standards. Following a review of progress in 2001, the program was scheduled for completion on 31 December 2003.2 This timetable was based on achieving the substance of reform without an unduly protracted change process. While ambitious, the timetable was intended to address industry expectations about an end to the extra demands of consultation and to restore regulatory certainty as soon as possible.In 2003–04, six CASR Parts were made, bringing the program total to 30 out of a planned 58. Substantial progress was also made in developing regulatory packages for the remaining CASR Parts. However, it became apparent that the December 2003 deadline could not be met without sacrifi cing the quality objective and the Minister asked that CASA review the timetable. CASA is now taking whatever time is necessary to refine the remaining Parts in further consultation with the industry. It is also looking again at how closely the rules target established safety risks and will make a real difference to safety outcomes.
...
CASA has been under considerable pressure, including from members of the aviation industry, to finalise the Regulatory Reform Program. I firmly believe, however, that if we are to achieve CASA’s goal of ‘safety through clarity’, the objective must be to get the rules right rather than completed quickly. As the Minister urged in his Charter Letter, we must take care not to squander the unique opportunity we have to achieve a world’s best practice regulatory system.
...
CASA’s intention is that the bulk of the Regulatory Reform Program will be completed during 2004-05.
2004-2005
Quote:
Rules for the sake of rules is not an acceptable outcome of reform. It is also extremely important for the new regulatory regime to be easy to understand and work within. Complex rules without good reason are not acceptable. This means new rules need to focus on the safety outcomes we are seeking to achieve and must be developed within a simple two-tier framework of the Civil Aviation Act and Civil Aviation Safety Regulations.
2005-2006
Quote:
CASA is committed to completing the Regulatory Reform Program, which will provide new rules in response to industry changes. This will require continuing resource investment by CASA and the industry, but reform will enable the industry to position itself well for the future.
2006-2007
Quote:
CASA is progressively combining and updating the requirements currently set out in the Civil Aviation Regulations and Civil Aviation Orders into new Civil Aviation Safety Regulations under its regulatory reform programme
2008-2009
Quote:
Parliamentary scrutiny CASA’s operations underwent intense scrutiny by the Senate Standing Committee on Rural and Regional Affairs and Transport through its Inquiry into the Administration of CASA and Related Matters. The inquiry received 61 submissions from the aviation industry, individuals and CASA, and held public hearings for two days in July 2008. In its report the committee made a number of recommendations, including: ... bringing the regulatory reform program to a conclusion as quickly as possible
2009-2010
Quote:
Many of the aviation safety regulations have been
reviewed and revised, and that process will continue
into 2010–11. The Aviation White Paper presented CASA
with some significant regulatory reform challenges,
including a requirement to complete the reform in 2011.
‘Regulatory reform’ is partly a misnomer—we currently
have an effective set of regulations in place, but we are
enhancing, modernising and refining them.
To date, approximately one-half of the 60 proposed CASR
Parts have been made and implemented. The remaining
half, however, form the core of our aviation safety
regulatory program, comprising the Maintenance suite,
Operational suite, and Flight Crew Licensing suite. The
Sport and Recreational Aviation suite of CASRs are also
yet to be finalised and implemented.
2010-2011
Quote:
2010-2011
In 2010–11 there was particularly strong performance in advancing the regulatory reform program; continuing to implement the objectives stated in the 2009 National Aviation Policy White Paper, Flight Path to the Future, and in the Australian Airspace Policy Statement 2010;
CASA Corporate plan 2009-2012
to complete the Regulatory Reform Program in a timely manner
Finalising the remainder of the CASA Regulatory Reform Program by December 2011 Result Priority was assigned to the passenger-carrying regulations, which have involved an intensive and extensive body of drafting work. The aerial work, sport and recreation, and other outstanding CASR Parts will be finalised in 2012.
2011-2012
Quote:
2011-2012
The year covered by this report saw material progress in the delivery of the regulatory reform program
CASA Corporate plan 2011-2014
Complete the Regulatory Reform Program in a timely manner
2013-2014
Quote:
2013-2014
Developing new aviation safety regulations, taking account of best international practice and aligning Australian requirements with relevant overseas practices. Measure Working in conjunction with the Office of Parliamentary Counsel (OPC) to finalise the outstanding parts of the operations regulations (by June 2014)
Work will continue on the development and implementation of the regulatory reform program, which includes transitioning the governance of flying training organisations, multi-crew training, checking organisations and design organisations to the new regulations.
2015-2016
Quote:
There was a new level of communication and transparency to complete the aviation regulatory reform program. A detailed timetable covering 20 regulatory change projects to be undertaken over the next three years was published after extensive consultation with aviation representative groups and individuals from all sectors of the aviation community.
The Regulatory Reform drafting, incorporating the classification of operations, a three tier structure where possible and meeting the Government’s requirements for new and amended regulations, will be completed by December 2015
2016-2017
Quote:
Regulatory reform and progress achieved in key areas CASA’s Board is working closely with the organisation to drive a practical approach to regulation. We have set some ambitious targets for the release of all outstanding regulations, and we will meet them by working to a deadline with defined deliverables and being transparent by making the regulatory reform timeline public. We are challenging ourselves to release regulations that are reasonable and relevant.
CASA will continue to focus on new regulations and instruments adhering to Commonwealth legal drafting practices and avoiding inconsistencies with other pieces of relevant legislation. Rules will continue to be prepared in accordance with a three-tier regulatory structure and using easy to understand language. CASA is committed to the remaining reform program regulations drafted for public and industry consultation by the end of 2018.
2017-2018
Quote:
Regulation reform program: Significant progress was made on CASA’s regulation reform program. CASR Part 149 – Approved Self Administering Aviation Organisations was made in July 2018. It had been hoped that completion of this Part would take place earlier in 2018, but important policy-related developments requiring additional consideration and associated drafting adjustments contributed to a longer than expected delay.
Develop and commence implementation of the final tranche of regulatory reform Result: The final tranche of regulatory reform – Civil Aviation Safety Regulations (CASR) Parts 91, 103, 105, 119, 121, 131, 133, 135, 138 – has commenced. Public consultation for CASR Part 91 and the Part 91 Manual of Standards was completed in May 2018. Aviation Safety Advisory Panel technical working group meetings were conducted for CASR Parts 121, 133 and 135. CASR Part 119 was discussed at each of the three working group meetings. CASR Part 149 was made in July 2018.
The Civil Aviation Safety Authority structures all regulations not yet made with the three-tier approach, and subsequently reviews all other Civil Aviation Safety Regulation Parts (in consultation with industry) to determine if they should be remade using the three-tier structure. Agreed in Principle The Government will support appropriate regulatory reforms in the future noting that there needs to be sufficient time for CASA and industry to transition to the changes, recognising this can often take several years.Rules will continue to be prepared in accordance with a three-tier regulatory structure. Subsequent reviews of other CASR Parts will determine if they need to be remade, noting that CASA, working with industry, has set out the immediate priorities for regulatory reform. Implementation is ongoing as drafting of the remaining parts of the regulatory reform program are progressed.
CASA expects all remaining parts of the regulatory reform program to be drafted by the end of 2018, noting that transition periods and final rule application may extend beyond the date of regulations being made.
So after this process since the 90s, have we a clear, concise and not over-regulated set of regulations?
As of 2020 the regulations now consist of all the documents at Current rules
jonkster is online now Report Post Quote Quick Reply