A bespoke Australian flight delay compensation scheme should be part of the Federal Government’s aviation White Paper, a policy document which will set the long-term direction for the aviation sector, says the Australian Lawyers Alliance (ALA).
“We urge the the Federal Government to examine what the COVID-19 pandemic taught us by taking this opportunity to consult stakeholders on improving the rights of air passengers in the same way the Canadian government did in 2020,” said Victoria Roy, travel lawyer and spokesperson for the Australian Lawyers Alliance.
“The lack of compensation for flight delays and cancellations in Australia puts us behind much of the world when it comes to protecting traveller’s rights. Rather than Australian passengers having to jump through legal loopholes to receive flight delay compensation, in the rare instances where it is available, it is time for Australia to have its own simple and straightforward compensation regime.”
The ALA believes this compensation scheme should include:
- Monetary compensation to passengers in the event of delay within an airline’s control;
- Standards for airlines to inform passengers of delays in a timely manner;
- A legal requirement for airlines to provide appropriate accommodation to passengers in the event of significant delay, and certain passenger groups in the event of moderate delay (such as passengers with disability, and pregnant and breastfeeding women).
The Government’s aviation white paper will address consumer protections and access to services however the ALA considers the lack of a flight delay compensation scheme in Australia to be such a significant issue for Australian air passengers that it should be identified as a specific area for consideration in the Aviation White Paper’s Terms of Reference.
“Travellers in Australia are currently experiencing some of the worst flight delays and cancellations on record which has highlighted the stark lack of protection currently available for customers,” said Ms Roy.
“Airlines aim to limit their liability for any inconvenience or costs resulting from delays and cancellations so this type of compensation scheme would help hold airlines to account for delays that are within their control.”
Read the ALA submission to the Department of Infrastructure, Transport, Regional Development, Communications and the Arts here.
