Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2013-2014
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
CIVIL AVIATION AMENDMENT (CASA BOARD) BILL 2014
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Infrastructure and Regional Development
the Hon Warren Truss MP)
CIVIL AVIATION AMENDMENT (CASA BOARD) BILL 2014
OUTLINE
The Civil Aviation Amendment (CASA Board) Bill 2014 (the Bill) amends the
Civil Aviation Act 1988 to increase the size of the Civil Aviation Safety Authority (CASA)
Board.
The Bill will allow for the appointment of two additional Board members with technical and/or
operational aviation experience to increase the depth of knowledge and skills on the Board.
The Bill also makes two minor amendments, consequential to increasing the size of the Board.
These consequential amendments increase the number of Board members required to
constitute a quorum at a Board meeting and increase the number of Board members required to
initiate an ad hoc Board meeting.
Financial impact statement
There is a low financial impact associated with this Bill. An additional two Board members
will require CASA to absorb an additional expenditure of approximately $160,000* per annum
in annual remuneration fees and travel provisions.
*
Based on the proposed remuneration fee from 1 March 2014, as outlined in the Remuneration
Tribunal's October 2013 report - Remuneration of Public Offices, Part-time Offices.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Civil Aviation Amendment (CASA Board) Bill 2014
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act
2011.
Overview of the Bill
This Bill makes minor and technical amendments to the Civil Aviation Act 1988 (the Act) by
increasing the size of the Civil Aviation Safety Authority (CASA) Board by a further two
members. To increase the depth of knowledge and skills on the Board, the Bill will allow for the
appointment of two additional Board members with technical and/or operational aviation
experience to increase the depth of knowledge and skills on the Board.
The expanded Board will consist of a total of seven members (six part-time members, including
the Chair and Deputy Chair, plus the Director of Aviation Safety as an ex-officio member).
This will further strengthen the role of the CASA Board to decide the objectives, strategies and
policies to be followed and ensure that CASA performs its functions in a proper, efficient and
effective manner. Current Board members will retain their positions until expiry of existing
terms, under the current Remuneration Tribunal provisions.
The Bill also makes two minor consequential amendments relating to Board quorum and ad hoc
meeting requests. These include increasing the number of Board members required to constitute
a quorum to four Board members and any request to the Chair calling for an ad hoc meeting to
be provided by at least three Board members in writing.
Human rights implications
This Bill engages, but does not limit, human rights in Articles 6(1) and 7(a) of the International
Covenant on Economic, Social and Cultural Rights (ICESCR).
Right to work
The right to work in article 6(1) of ICESCR includes the right of everyone to the opportunity to
gain a living by work he or she chooses to accept. This Bill will enable another two part-time
statutory office holders to be appointed to the CASA Board. Appointments to the CASA Board
must meet the requirements of the Act, such as being for a term not exceeding three years
(section 55) and members not engaging in other paid employment which, in the Minister's
opinion, conflicts or may conflict with the performance of the member's duties (section 58). As
these appointments are significant Government appointments, they must also follow the
appointments process outlined in the Cabinet Handbook.
Rights in work
The right to just and favourable conditions of work in article 7 of ICESCR encompasses the
right to remuneration, including fair wages and equal remuneration and a decent living (article
7(a)). The Remuneration Tribunal independently and impartially determines remuneration for
part-time offices established by a Commonwealth law (also known as statutory offices) and
appointments made under a Commonwealth law, including the CASA Board under the Civil
Aviation Act 1988. This Bill engages, and does not limit or promote, rights in work.
Conclusion
This Bill is compatible with human rights and freedoms as it only engages, and does not limit,
human rights and freedoms.
Minister for Infrastructure and Regional Development, the Hon Warren Truss MP
2
NOTES ON CLAUSES
Clause 1: Short Title
1. Clause 1 is a formal provision specifying the short title of the Bill.
Clause 2: Commencement
2. Clause 2 specifies that the Bill will commence on the day it receives royal assent.
Clause 3: Schedule(s)
3. Schedule 1 sets out the amendments to the Civil Aviation Act 1988.
SCHEDULE 1 - AMENDMENTS
Item 1-
4. Item 1 increases the maximum size of the CASA Board by two members.
Previously, the Board consisted of a total of five members (four part-time members,
including the Chair and Deputy Chair, plus the Director as an ex-officio member). The
expanded Board consists of a total of seven members (six part-time members, including the
Chair and Deputy Chair, plus the Director as an ex-officio member).
Item 2 -
5. Item 2 increases the number of written requests that the Chair must receive from Board
members before the Chair is required to call an ad hoc Board meeting.
With the increased size of the Board, this amendment keeps in place the requirement that the
Chair must call an ad hoc Board meeting if he or she receives written requests from at least
50 per cent of the remaining Board members (including the Director).
Item 3 -
6. Item 3 increases the number of Board members required at a Board meeting to constitute a
quorum.
With the increased size of the Board, this amendment keeps in place the requirement that a
majority of Board members (including the Director) must be in attendance at Board
meetings.
3