Document ID: chunk:federal_register_of_legislation:F2023C00696:body:0:p12
Version: federal_register_of_legislation:F2023C00696
Segment Type: other
Provision Reference: 
Character Range: 32675–35441

means a data-driven means of continuously monitoring and managing fatigue-related safety risks, based upon scientific principles, knowledge and operational experience that aims to ensure relevant personnel are performing at adequate levels of alertness.
FRMS manager means the person in an ATS provider's organisation who is appointed by the chief executive officer of the organisation to be responsible for the day-to-day implementation, management and continuing effectiveness of the ATS provider's fatigue risk management system.
non-duty period means a continuous and predefined period of time during which an operational person is free of all duties associated with the person's employment.
operational person, in relation to an ATS provider, means a member of the ATS provider's personnel to whom the ATS provider gives responsibility:
(a) for an air traffic control function to be performed in connection with an air traffic service it provides; or
(b) for a flight service function to be performed in connection with an air traffic service it provides.
Note   Under regulation 172.120 of CASR, an ATS provider must not give responsibility to a person for an air traffic control function, or a flight service function, unless the person is qualified as mentioned in that regulation or is under the supervision of a person who is qualified as mentioned.
Part 65 Manual of Standards means the Manual of Standards issued by CASA under regulation 65.033 of CASR, as in force from time to time.
Note   See the definition of Manual of Standards in regulation 65.010 of CASR.
time-in-position, for an operational person, means a period of time which:
(a) starts when the person starts performing an air traffic control function, or flight service function; and
(b) ends when the person stops performing the function.

4.03 General condition on ATS provider's approval under Subpart 172.F
        For the purposes of regulation 11.068 of CASR, it is a condition of the approval under Subpart 172.F of CASR, of a person as an ATS provider, that the ATS provider must:
(a) comply with each requirement for the ATS provider set out in this Chapter; and
(b) comply with the limits and requirements for an operational person, as provided for by the ATS provider's FRMS; and
(c) ensure that each of the ATS provider's operational persons, when acting as such, complies with each requirement imposed by section 14.02 or 14.03 of the Part 65 Manual of Standards on the person's ATC licence or flight service licence.
Note   Section 14.02 of the Part 65 Manual of 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