3. Independent Safety Assurance

Introduction

Definitions

Aviation Safety is the state in which continuing processes of hazard identification and risk management ensure that risks to the health and safety of personnel arising from aircraft operations are eliminated so far as is reasonably practicable (SFARP) and, if it is not reasonably practicable to eliminate risks, those risks are minimised SFARP. 

Independent safety assurance refers to the Defence Aviation Authority’s (Defence AA’s) confidence that the Aviation Safety objective stated above is met in the conduct of Defence Aviation operations. Independent safety assurance is the product of activities that are separate from Aviation Safety risk management processes and decisions, which are the responsibility of commanders and managers. Independent safety assurance activities, or their absence, do not alter commanders’ and managers’ statutory obligation to ensure safety. 

Purpose

This chapter establishes requirements and provisions for the conduct of independent safety assurance activities within the DASP.

The Defence Aviation Safety Authority

Functions of the Authority

The Defence Aviation Safety Authority (DASA) is responsible for conducting independent safety assurance activities within the DASP. In discharging its responsibilities, DASA must:

prescribe and interpret policy for the management of Defence Aviation safety, inclusive of the Defence Aviation Safety Regulation (DASR) and related standards

issue authorisations, including permits, approvals and licences, to certify that Defence Aviation platforms, systems, organisations and personnel have shown compliance with applicable DASR

conduct ongoing oversight and enforcement activities to assure compliance with the DASR and the continued validity of authorisations issued by DASA

promote Aviation Safety through education, training, and dissemination of safety information.

The Director General Defence Aviation Safety Authority (DG DASA) is accountable to the Defence AA to fulfil the requirements prescribed within this chapter.

In conducting its functions, DASA must have regard to international best practices in military Aviation Safety, including those established by:

the European Military Airworthiness Requirements (EMAR)

the principles of the International Civil Aviation Organisation (ICAO) Standards and Recommended Practices (SARPs).

the Civil Aviation Safety Regulations (CASR)

the European Union Regulations developed by the European Aviation Safety Authority (EASA) 

Prescribe and interpret policy

DASA must manage the DASR on behalf of the Defence AA. In doing so, DASA must: 

ensure that the DASR conforms to the requirements of Chapter 4 of this Volume

ensure that the Defence AA is afforded adequate oversight and control33Through the approval of artefacts recommended by the Office of Best Practice Regulation within the Department of Prime Minister and Cabinet of DASR amendments that may appreciably increase the compliance burden or appreciably reduce Aviation Safety.

DASA must issue standards, inclusive of airworthiness codes, as required for the implementation of the DASR. Such standards must reflect the state of the art and the best practices in the fields concerned and must be updated, taking into account worldwide aviation experience in service, and scientific and technical progress. 

DASA must issue supporting material to promote understanding of, and compliance with, the DASR. Such supporting material may include an acceptable means to comply with the DASR.

When requested, DASA must provide authoritative interpretation of DASR and advice regarding DASR compliance. Such interpretation and advice must not prescribe a particular course of action with respect to the management of Aviation Safety unless there is evidence that the safety level of the system may otherwise be compromised. 

DASA must establish transparent procedures for developing and issuing Aviation Safety policy, standards and support material. Such procedures must include appropriate provisions for consultation with relevant regulated entities during the development process. 

Issue authorisations

DASA may issue all authorisations, including permits, approvals, licences and similar artefacts, as necessary for the implementation of the DASR

DASA must only issue authorisations when the applicant has shown, to DASA’s satisfaction, that the applicable DASR have been met.

DASA must only issue authorisations: 

to applicants that are part of Defence; or

to applicants that have a contractual relationship with Defence, or a Defence contractor, and where that contractual relationship permits enforcement of the DASR by DASA; or

to applicants who are in the process of entering into such a relationship; or

are employees or staff members of an entity with such a relationship; or

where it is in Australia’s interest to do so. 

Conduct oversight and enforcement

DASA must conduct inspections, monitoring and investigations as necessary to assure compliance with the DASR and the ongoing validity of authorisations it has issued.

DASA’s oversight and enforcement policies, procedures and decisions must:

promote a generative and just safety culture that supports voluntary reporting of safety issues 

ensure that any response to a non-compliance is effective, fair, proportional and graduated

be transparent and evidence-based.

DASA must establish transparent procedures for making enforcement decisions. Those procedures must:

ensure the hearing of the entity subject to the enforcement decision is addressed in the decision, as well as that of any other party with a direct concern

provide for notification of the decision to all affected entities

ensure that the decision contains reasons for the decision.

DASA may amend, suspend or revoke any authorisation issued by, or under privilege from, DASA when DASA identifies that:

the conditions applying to its issue are no longer fulfilled; or 

the entity holding the authorisation fails to fulfil the obligations imposed on it by the DASR.

Special procedures must be established to address immediate action to be taken by DASA to react to a safety problem, and to inform the relevant interested parties of the action they are to take.

Where practicable, DASA must notify the Defence AA prior to any enforcement action that may appreciably impact Defence aviation capability.

The requirements of this Manual do not prevent DASA from immediately addressing any Aviation Safety risk or issue of which it becomes aware.

Promote Aviation Safety

DASA must promote Aviation Safety through education, training, and the dissemination of safety information. In performing this function, DASA must provide an ongoing education and training program to promote understanding of, and compliance with, the DASR.

Key objectives of Aviation Safety promotion must include:

fostering the maintenance and improvement of Aviation Safety

supporting the development of a generative safety culture

increasing awareness of prominent safety issues

supporting the implementation and maintenance of an effective Safety Management System (SMS)

The delivery of education and training regarding DASR compliance for specific organisational contexts is outside of DASA’s remit.

Administrative responsibilities and provisions

Administration of the DASP Manual. DASA must manage the DASP Manual on behalf of the Defence AA.

DG DASA delegation. To assist the Defence AA in fulfilling their obligations, DG DASA is delegated authority to:

approve amendments to, and provide authoritative interpretation of:

DASP Manual Volume 2, inclusive of all DASR

DASP Manual Volume 3

associated standards and supporting material issued under the authority of the Defence AA

issue all authorisations, including permits, approvals, licences, and similar artefacts, as necessary for implementation of the DASR

amend, suspend or revoke any authorisation issued by, or under privilege from, DASA.

Administration of DASA. DG DASA must take all necessary steps, including the issue of internal administrative instructions and the publication of respective information, to ensure proper functioning of DASA in accordance with this Chapter. In doing so, DG DASA must ensure that the Defence Flight Safety Bureau (DFSB) is able to provide an effective and independent accident and incident investigative capability in accordance with Chapter 5 of this Volume.

Delegation of functions and authorities. DG DASA may delegate functions and authorities, subject to robust internal control mechanisms, to suitably qualified and experienced personnel, including:

DASA staff and contractors

Defence staff and contractors

staff of contracted organisations. 

Any delegation of functions and authorities per paragraph 28 above must specify appropriate limitations on any further delegation of functions and authorities by the delegate. 

When delegating a specific certification task to an entity external to Defence, DG DASA must ensure that the entity complies with the criteria detailed in Annex A to this Chapter. In such instances the respective authorisation must be issued by DASA.

Engagement with the Defence AA and environmental commanders. DG DASA or any DASA Director, may liaise directly with the Defence AA to report matters of concern that may impact Aviation Safety.

DG DASA, or any DASA Director, may liaise directly with Commander Australian Fleet, Commander Aviation Command, and Air Commander Australia, and their subordinate commanders, to discuss matters of concern that may impact Aviation Safety.

Access to the Defence AA and environmental commanders supports a generative safety culture by enabling the provision of accurate advice on Aviation Safety matters of concern that require expertise in specific operational or technical domains.

Confidentiality. DASA must take necessary measures to ensure appropriate confidentiality of information received. Information must be handled in accordance with the Privacy Act 1988 (Cth), the Freedom of Information Act 1982 (Cth) and Defence policies applicable to that information. Subject to satisfying security requirements, information subpoenaed or otherwise required by a judicial process must be provided in accordance with the form of the notice issued to Defence that requires the information.

Defence register. DASA must maintain a register of Defence-registered aircraft.

Recognition of other aviation authorities. DASA may recognise the independent safety assurance applied by other civil and military aviation authorities in order to promote efficiency and interoperability. Recognition must only be permitted when it can be demonstrated that the candidate authority applies credible and defensible Aviation Safety oversight.

Harmonisation. DASA must establish arrangements with relevant Australian Government agencies in order to harmonise Aviation Safety frameworks where there is potential benefit in doing do.

Annex:

Criteria for Non-Defence Entities Carrying Out Certification Tasks