Even after the federal government cracks down on air travel, Australia will lag behind in passenger rights

When it involves consumer protection for airline passengers, Australia has long been hesitant.

The limited protective measures we’ve are based to a big extent on the final Australian consumer lawThe ‘consumer guarantees’ provided for on this law require only that services are provided inside the vague framework of a ‘reasonable time’.

This could also be positive if we’re only having a settee delivered from the furniture store. The cost of late delivery is minimal.

However, these safeguards weren’t tailored to the particular impact that delayed or cancelled flights can have on travellers. Australia’s lack of aviation-specific protections has long been a serious Pain point for air passengers, which has been exacerbated by the disruptions brought on by the pandemic.

The long-awaited Aviation white paperreleased in full on Monday, promised to handle this problem. At the center of the reforms are a brand new Australian Aviation Ombudsman System and a brand new Charter of Customer Rights for passengers.

Recognising that recent protections are needed is a step in the suitable direction, but this one-off White Paper missed the chance to attain way more by moving Australia towards the buyer protection model that has been in place for 20 years. Europe.

What makes air travel unique?

Passengers may expect to reach at their destination on the time (or roughly) indicated within the flight schedule by the airline on the time of payment for the reservation and issuance of the ticket.

If this isn’t possible, you need to at the very least arrive at a modified time that has been announced in good time in order that the relevant reservations and bookings can still be adjusted.

Planes spotted parked at Sydney Airport
There isn’t any substitute for flying.
Seth Jaworski

Air travel have to be on time as there isn’t a substitute for that. Even with a modest period of time, a automobile journey from Perth and even Sydney to Melbourne, for instance, isn’t a comparable option.

And the closer the departure date gets, the less opportunity passengers need to adjust their travel plans. In the previous few days before departure, hotel cancellation deadlines expire and alternative connecting flights are sold out or prices rise rapidly.

In some cases, traveling to a selected event may grow to be pointless for a passenger if the delay is long enough.

Australia must catch up

In contrast to Australia, many other industrialised countries have long had aviation-specific protection regulations in place.

In the European Union (EU), for instance, Regulations make clear that airlines have specific duties and responsibilities within the event of delays, cancellations and denied boarding. These include Right to compensation of as much as €600 (A$988).

This protection and the quantity of compensation for non-compliance with certain requirements for several types of flights are comprehensively regulated by law.

Canada has a barely different approach – Smaller regional transport corporations have different obligations than large line operators. But just like the European regulation, it requires the passenger to achieve the destination indicated on the ticket or to refund the ticket price if the journey has grow to be pointless.

The lack of such legally mandated protections in Australia implies that we often need to depend on the goodwill of the airline when something goes flawed.

Real measures were delayed

The central proposal of the White paper is the creation of a brand new ombudsman system with the ability to order airlines and airports to offer redress to consumers and to research customer complaints in regards to the conduct of airlines and airports. This will replace the prevailing one. Airline customer advisor.

A brand new charter of customer rights to be adopted as a part of this programme will give passengers “greater certainty about what they can expect in the event of flight cancellations and delays” and require airlines to be more transparent about their performance.



The White Paper highlighted the poor punctuality performance of Australian airlines. It also identified that the Australian Competition and Consumer Commission identified Problems with consumer protection for air travel in Australia as early as 2017. But his proposals don’t offer any truly measurable or enforceable improvements in consumer rights.

Despite proven models in comparable countries – lots of which have followed the EU's example – Australians may have to attend for further discussions before seeing what protective measures might ultimately be introduced.

Person with luggage enters the reception of the hotel reception office
Consumer protection must also extend to the results of a missed flight.
DC Studio/Shutterstock

The government's White Paper essentially just puts the issue on the back burner.

Passengers on Australian airlines are entitled to at the very least the identical assurances as travellers to and from Europe: within the event of a cancellation or major delay, they shall be taken to their destination as quickly as possible on an alternate flight.

In addition, they must be supplied with adequate food and accommodation until their onward journey, receive compensation within the event of long delays and have the chance to return home with a full refund of the associated fee of the journey whether it is pointless to forgo the journey.

image credit : theconversation.com