Document ID: chunk:federal_register_of_legislation:F2023C00696:body:0:p13
Version: federal_register_of_legislation:F2023C00696
Segment Type: other
Provision Reference: 
Character Range: 35229–38093

Standards imposes a condition on an ATC licence that requires the holder of the licence not to carry out an air traffic control function if, due to fatigue, the holder is, or is likely to be, unfit to perform the task. Section 14.03 of that Manual of Standards imposes a condition in similar terms for holders of flight service licences.

4.04 ATS provider's obligations

 Fitness for duty
       (1) An ATS provider must not assign a duty to an operational person to perform an air traffic control function, or a flight service function, if the ATS provider reasonably believes that the operational person is unfit to perform the function because of fatigue.

 Limits
       (2) The limits and requirements that apply to an ATS provider's operational persons must be determined in accordance with the ATS provider's FRMS.

4.05 Requirement for fatigue risk management system
       (1) An ATS provider must have a fatigue risk management system that:
(a) is appropriate for the size, nature and complexity of the ATS provider's operations; and
(b) includes each of the elements mentioned in subsection (2); and
(c) on and after 1 September 2024, is approved for implementation by CASA under section 4.13 or 4.14.
       (2) For paragraph (1)(b), the elements are as follows:
(a) the policy and objectives, and related documentation, in accordance with section 4.07;
(b) the practical operating procedures in accordance with section 4.08;
(c) the hazard identification, risk assessment and mitigation procedures in accordance with section 4.09;
(d) the safety assurance procedures in accordance with section 4.10;
(e) the safety promotion procedures in accordance with section 4.11;
(f) the change management procedures in accordance with section 4.12.
Note   See also subsection 6.1.1 (about safety management systems). Paragraph 6.1.1.1(i) requires the provider's safety management system (SMS) to include processes for integrating the FRMS with the SMS.

4.06 Application for approval of FRMS
       (1) The ATS provider may apply to CASA for:
(a) a trial FRMS implementation approval; or
(b) a full FRMS implementation approval.
Note   An ATS provider is not eligible for a full implementation approval until the FRMS has been in effective operation for at least 12 months from the date of a trial implementation approval: see section 4.14.
       (2) For a trial or full FRMS implementation approval:
(a) an FRMS must include CASA approval of each of the elements of the FRMS mentioned in subsection 4.05(2); and
(b) CASA must be satisfied that the FRMS is integrated with the ATS provider's safety management system.
       (3) Before CASA issues a trial FRMS implementation approval, CASA must be satisfied that the FRMS:
(a) comprises all of the elements mentioned in subsection 4.05(2); and
(b) is a safe, data-driven system which appears to be reasonably