Although not in response to this occurrence, on 28 March 2013 the Civil Aviation Safety Authority (CASA) released revised fatigue management and flight and duty time requirements in Civil Aviation Order (CAO) 48.1 Instrument 2013. These requirements were to take effect for existing operators on 30 April 2016.
The revised CAO 48.1 stated that, for air transport operations, an operator had to comply with a set of limits and requirements (dependent on the type of operation) or operate to a fatigue risk management system (FRMS), if that FRMS was approved by CASA.
If an operator was not using a CASA-approved FRMS, CAO 48.1 stated that a flight crew member (FCM) must not be assigned or commence a flight duty period at home base unless, within the 12 hours immediately before commencing the duty period, they had at least 8 hours consecutive sleep opportunity. For a duty period commencing away from home base, the 8-hours sleep opportunity must be provided within the previous 10 hours. Sleep opportunity was defined as:
a period of time during an off-duty period when an FCM:
(a) is not meeting the reasonable requirements of bodily functioning such as eating, drinking, toileting, washing and dressing; and
(b) has access to suitable sleeping accommodation without, under normal circumstances, being interrupted by any requirement of the AOC [Air Operator’s Certificate] holder.
Compared to the previous standard industry exemption to CAO 48, the revised CAO 48.1 also provided more restrictions regarding the length of duty periods associated with early starts.