OAR Review – Consultation Communiqué
To significant parties with interests in the operations and functions of the Office of Airspace Regulation (OAR),
This is a request for your assistance in our consultation efforts.
In April 2015 the Minister for Infrastructure and Regional Development (Infrastructure) issued a Statement of
Expectations (SOE) for the Board of the Civil Aviation Safety Authority as a notice under Section 12A of the Civil
Aviation Act 1988 (the Act). The SOE outlines in a formal and public way, the Minister’s expectations concerning
the operations and performance of CASA, from 16 April 2015 to 30 June 2017. This Statement of Expectations
serves as a notice of strategic direction to CASA under section 12A of the Act and commenced on 16 April
2015.
Point 9 of the SOE states: - “implement the Government’s policy objectives in the Australian Airspace Policy
Statement and review the operations and functions of the Office of Airspace Regulation (OAR) noting that
the OAR commenced with the enactment of the Airspace Act 2007.”
A copy of the Australian Airspace Policy Statement 2015 (AAPS) can be viewed via this link.
The review and hence our consultation focus is centred within the following principle objectives:
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the operations and functions of the OAR
the legislation and its appropriateness to enable the OAR to perform its operations and functions
the structures and processes of the OAR
the effectiveness of the OAR
stakeholder management by the OAR
the OAR’s implementation of the Government’s policy objectives in the AAPS (note that this will
encompass the previous AAPS and the new AAPS which has not long come into effect).
Whilst these are the principle areas of interest, the review team welcomes any constructive input; positive,
neutral or negative. The input can be stated against the objectives or in free form and will have increased
persuasiveness if coupled with detail, including evidence or examples. A list of more detailed questions is
attached if you wish to use some or all of these to frame your responses.
Our preferred form of reply and interaction is for an email to be sent to OAR@CASA.GOV.AU as the volume of
input can be managed and the receipt and content confirmed. Please ensure you add ‘OAR review’ in the
subject line of your response.
All emails will elicit a response from the team and contributions will be attributed: anonymity will be considered if
requested. Sometimes the response may only be an acknowledgement of receipt.
Submissions are encouraged and will be accepted from any person or organisation. Whilst late responses may
be considered, in order to have a timely review, the review team request that responses are sent as early as
possible, but no later than COB on Friday November 20 2015.
Please also note that OAR as part of its continual improvement efforts seeks feedback on airspace reform and
airspace detail on a periodic basis. Those efforts are separate from, but may form an input into, this review.
Thanks in advance for your input.
John Flannery
Team Lead
OAR review team
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List of targeted Questions based on the principle objectives:
In terms of the OARs operations and functions. Does the OAR:
1.
2.
3.
4.
operate efficiently and effectively in administering Australian airspace?
function as an effective airspace regulator?
act in an open, transparent and consultative manner?
act in accordance with CASA’s regulatory philosophy?
a. maintaining the trust and respect of the aviation community
b. being mindful of the primacy of air safety, taking account of all relevant
considerations, including cost
c. taking risk-based approaches to regulatory action and decision-making
d. performing its functions consistently with Australia's international obligations
e. approaching its regulatory functions consultatively and collaboratively
f. communicating fully and meaningfully with all relevant stakeholders
g. fairly balances the need for consistency with the need for flexibility
h. embracing and employing rational 'just culture' principles in its regulatory and
related actions
i. demonstrating proportionality and discretion in regulatory decision-making and
exercising its powers in accordance with the principles of procedural fairness and
natural justice
j. exercising a legitimate, but limited, role in pursuing punitive action for breaches of
the civil aviation legislation (note: OAR does not have this role)
In terms of Airspace Legislation:
5. it is [collectively] sufficient to enable OAR to perform in compliance with the AAPS?
6. are there any legislative modifications that would enhance OAR’s effectiveness, efficiencies
or governance?
7. are there any legislative modifications that would enhance the effectiveness or efficiency in
the Australian Airspace system?
In terms of structure and processes:
8.
9.
10.
11.
is the structure or the OAR effective? – could it be enhanced?
does the OAR have sufficient staff?
does the OAR have staff with the appropriate skills?
are the procedures that govern the OARs operational activities:
a. published?
b. contemporary?
c. sufficiently detailed?
d. up to date?
e. accurate?
f. sufficient to cover the requirements in the AAPS?
In terms of stakeholder management:
12. does the OAR consult appropriately and effectively with stakeholders?
13. is the OAR sufficiently transparent with its stakeholders?
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14. is the OAR responsive and sensitive to the needs of stakeholders
15. does the OAR appropriately prioritise stakeholder needs?
What is your view on OAR’s administration in accordance with the AAPS? Does the OAR:
16. act in the best interests of Australia?
17. consider the current and future needs of the Australian Aviation Industry?
18. adopt international best practice airspace systems adapted to benefit Australia’s aviation
environment?
19. take advantages of advances in technology wherever available?
20. continually review Australia’s airspace and continue to move towards closer alignment with
the ICAO system and adoption of international best practice?
21. consider the safety of Passenger Transport Services as the first priority?
22. respond quickly to emerging changes in risk levels for passenger transport operations?
23. seek to deliver good safety outcomes to all aviation participants?
24. ensure that design principles and guidance material for airspace architecture are maintained
and available to a proponent of airspace change?
25. in determining prohibited areas do so only when it is necessary for reasons of military
necessity?
26. in determining restricted areas do so only in the interests of public safety (including the
safety of aircraft in flight), or for the protection of the environment, or for security?
27. in determining danger areas do so only when there exists and activity that is a potential
danger to aircraft flying over the area?
28. use the airspace criteria thresholds stated in the AAPS to trigger an aeronautical risk review?
29. when conducting an aeronautical risk review do so in consultation with the public, industry
and other government agencies? And in particular with close consultation with Airservices ?
30. make airspace determinations s in a transparent and timely manner considering risk
mitigators and forecast future traffic levels?
31. use a risk review process that is consistent with contemporary published Australian
Standards for Risk Management (eg the Common Risk Management Framework)?
32. publish airspace changes effectively and timely via the AIP and or NOTAMS?
33. administer Australian airspace consistent with ICAO’s GASP, GANP and airspace
classification system?
34. work closely with Airservices and Defence to ensure the needs of all airspace users are
properly considered; the provision of ATM services is properly coordinated; and the
administration of Australian airspace is both safe and efficient?
35. adopt international best practice in airspace administration?
36. in its airspace administration include features from proven international airspace systems
such as the NAS? Or has considered appropriate features?
37. comply with the ICAO SARPS for airspace administration?
38. provide advice on their major initiatives and priorities in the CASA corporate plan?
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USEFUL LINKS:
Australian Airspace Policy (DIRD)
Australian Airspace Policy Statement 2015 (DIRD)
Aviation Safety Regulation Review (DIRD)
CASA corporate plan (CASA)
CASA regulatory philosophy (CASA)
Common Risk Management Framework (DIRD)
OAR – about (CASA)
OAR Operations Manual (CASA)
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