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Lawyers call for mandated flight delay compensation
The federal government should force airlines to compensate passengers for flight delays, says a national legal advocacy group.
Jake Nelson
Editor’s note: This story originally appeared on Lawyers Weekly’s sister brand, Australian Aviation.
In its submission to the government’s aviation white paper, which will set the long-term direction for the sector, the Australian Lawyers Alliance (ALA) association argues that a Canada-style compensation scheme will improve the rights of air passengers.
The ALA wants to see monetary compensation for passengers delayed by circumstances within an airline’s control, as well as standards for informing passengers of delays in a timely manner and a legal requirement that airlines provide “appropriate accommodation” to passengers who are significantly delayed or are moderately delayed in the case of certain passenger groups such as pregnant or breastfeeding women and people with disabilities.
“The lack of compensation for flight delays and cancellations in Australia puts us behind much of the world when it comes to protecting travellers’ rights,” said Victoria Roy, travel lawyer and spokesperson for the Australian Lawyers Alliance.
“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.”
According to Roy, while the white paper will address both consumer protections and access to services, the lack of a compensation scheme for flight delays is a significant enough problem that it should be considered in the 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 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.”
Last month, the federal government released the terms of reference for the white paper, which will cover the next few decades up to 2050.
The paper outlines four main safety outcomes regarding safety, competitiveness, sustainability and efficiency, and will see the government address several concerns, such as the contribution the aviation industry makes in reaching the nation’s goal of net zero carbon emissions, the regeneration of the aviation sector post-COVID, and the introduction of new technologies, such as ones that affect safety.
