CASA EX39/15 - Exemption — DAMP organisations to provide information to CASA

Link to law: https://www.comlaw.gov.au/Details/F2015L00225

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
Instrument number CASA EX39/15
I, MARK ALAN SKIDMORE, Director of Aviation Safety, on behalf of CASA, make this instrument under regulation 11.160 of the Civil Aviation Safety Regulations 1998 (CASR 1998).
[Signed Mark Skidmore AM]
Mark Skidmore AM
Director of Aviation Safety
24 February 2015
Exemption — DAMP organisations to provide information to CASA
1          Duration
                 This instrument:
(a)   commences on the day of registration; and
(b)   expires at the end of September 2017, as if it had been repealed by another instrument.
2          Definitions
                 In this instrument:
micro-business has the same meaning as in the micro-business exemption.
micro-business exemption means instrument CASA EX167/12, and any instrument that replaces and is substantially similar to CASA EX167/12.
3          Application
                 This instrument applies to a DAMP organisation that has implemented a drug and alcohol management plan (DAMP).
Note   A DAMP organisation is a person that is required to have a DAMP under subregulation 99.030 (1) of CASR 1998.
4          Exemptions
        (1)     The DAMP organisation is exempt from compliance with subregulations 99.100 (1) and (2) of CASR 1998.
Note   Subregulations 99.100 (1) and (2) require a DAMP organisation to provide specified information to CASA within 21 days after the end of each 6 monthly DAMP reporting period.
        (2)     A micro-business is exempt from compliance with regulation 11.210 of CASR 1998 to the extent that the conditions of the micro-business exemption require the micro-business to report to CASA on its DAMP for a DAMP reporting period.
Note   Subsection 6 (1) of CASA EX167/12 requires a micro-business to comply with the terms of the CASA micro-business DAMP, as amended by CASA from time to time, and published or made available by CASA for micro-businesses. As at 20 February 2015, the CASA micro-business DAMP required micro-businesses to report to CASA on their DAMP for each DAMP reporting period.
        (3)     A DAMP organisation is exempt from compliance with regulation 11.210 of CASR 1998 in relation to the conditions in subsections 7 (6) and (7) of CASA EX84/14.
Note   Subsection 7 (6) of CASA EX84/14 requires DAMP organisations for whom a trained collector, a doctor, a nurse or a capable person collects or screens specimens to report in writing to CASA, for each DAMP reporting period, the number of occasions on which the particular person has done collection or screening, and where each occasion of collection or screening occurred. Subsection 7 (7) of CASA EX84/14 requires DAMP organisations to include that information with the information provided to CASA under regulation 99.100 of CASR 1998.
5          Conditions
        (1)     The exemptions are subject to the condition that the DAMP organisation must comply with regulation 99.105 of CASR 1998 as if it was required to comply, and complied, with subregulations 99.100 (1) and (2).
Note   Regulation 99.105 requires a DAMP organisation to keep, in a secure location, records used to provide information to CASA under regulation 99.100 for 5 years from the date the information was provided to CASA. Despite the exemption, a DAMP organisation is still required to keep the records for that period as if it had provided the information to CASA.
        (2)     The exemption in subsection 4 (3) is subject to the condition that the DAMP organisation must:
(a)   keep the records that would have been used to provide information to CASA under subsections 7 (6) and (7) of CASA EX84/14 for 5 years from the date the information would have been provided to CASA, as if it was required to comply, and complied, with subsections 7 (6) and (7) of CASA EX84/14; and
(b)   keep the records in a secure location; and
(c)   within 6 months after the end of the 5 year period, destroy or delete:
(i)    the records; or
(ii)   the parts of the records that relate to the results of drug or alcohol testing.