From the NPRM;
3.4 CASA’s preferred option for change
Responses to DP 1210OS reveal a range of views, with an overall preference for a simplified entry control structure with minimal additional conditions. CASA shares that preference and proposes a policy based on a CASA authorisation that is simpler than, and does not fall within the AOC approval processes.
CASA agrees with industry’s preference to limit operations to VFR by day and for a maximum of 5 passengers. CASA proposes to regulate scenic flights on the basis of a VFR by day-only limitation, with operations constrained to a 50 NM radius unless otherwise approved by CASA. CASA also proposes a mandatory limit of 5 passengers for scenic flight operations.
CASA disagrees with industry’s preference for a rigid A to A flight profile. CASA proposes to proceed on the basis of A to A with no intermediate stops, unless approved by CASA. CASA would consider permitting intermediate stops within the following constraints:
• the 50 NM radius restrictions must remain unaltered unless otherwise approved by CASA
• all passengers must return to the departure point on the same day but not necessarily on the same flight (subject to CASA approval).
3.4.1 Requirements of the person exercising operational control
Under this condition, the person who exercises operational control in the scenic flight business would be required to:
• hold a commercial pilot licence (CPL) or air transport pilot licence (ATPL)
• be authorised under Part 61 to operate all aircraft of the class operated by the business
in scenic flights (e.g. single engine aeroplane, multi engine aeroplane, single engine helicopter)
Note: Pilot licences and class ratings are perpetual and once obtained do not expire even if a pilot is not current or does not hold a medical. A person exercising operational control who is licenced can reasonably be expected to have adequate aeronautical knowledge in order to manage aviation operational risk. It is not the policy intent to require that the manager or business owner be checked for proficiency nor have a medical and the current ability to operate the flight in their own right
The scenic flight business would be required to have in place an operations manual that includes a hazard and risk identification and management plan.
Access to the CASA on-line Manual Authoring and Assessment Tool (MAAT) would be expanded to include operators who elect to use the proposed simplified authorisation system. This would provide operators with a simple, low-cost means of creating an operations manual that would satisfy the proposed condition.
A hazard and risk identification and management plan for small non-complex operations would replace the proposed Part 119 of CASR 1998 AOC requirement to have a safety management system (SMS) and a safety manager. In essence, it would require an operator to have a procedure for:
• identifying hazards that could place any aspect of the operation at risk
• documenting those identified hazards
• developing processes for safely managing or eliminating the resulting risks
So as you can see you still require an OPS Manual and a Risk program, just no Chief Pilot or DAMP.
Back when I was in GA, the CP/CFI where I worked was only in the office twice a month and was really there just to satisfy the AOC requirements There was no DAMP and we operated a large fleet of singles and twins did joy flights every day of the week over Sydney with no issues.
So I see this rule change being very similar to how we operated way back then.