The Times Australia
The Times World News

.

Even after the government’s aviation crackdown, Australia will lag behind on flyers’ rights

  • Written by Ian Douglas, Honorary Senior Lecturer, UNSW Aviation, UNSW Sydney

When it comes to consumer protections for airline passengers, Australia has long been dragging its feet.

The limited protections we do have rely heavily on the general Australian Consumer Law[1]. The “consumer guarantees” provided in this law only require services to be delivered in the arguably vague framework of a “reasonable time”.

That might be okay if we’re just getting a sofa delivered from a furniture retailer. The cost of a late delivery is low.

But these guarantees were not tailored to the unique impacts delayed or cancelled flights can have on travellers. Australia’s lack of aviation-specific protections has long been a severe pain point[2] for flyers, only heightened by pandemic disruption.

The government’s much-awaited Aviation White Paper[3], released in full on Monday, promised to address this issue. At the heart of the reforms, Australia will get a new aviation ombud scheme, and a new charter of customer rights for passengers.

The recognition that new protections are needed is a step in the right direction. But this once-in-a-generation white paper missed the chance to achieve far more, by moving Australia to the style of consumer protection that have now been offered for 20 years in Europe[4].

Why is air travel unique?

Airline customers have a reasonable expectation of arriving at their destination, at (or close to) the time published by the airline in its schedule at the time the reservation was paid and ticketed.

If this can’t be achieved, they should at least arrive at some amended time that was advised far enough in advance to allow related reservations and bookings to be adjusted.

Planes seen parked at Sydney Airport
There are no timely substitutes for flying. Seth Jaworski[5]

Air travel has to be punctual because it doesn’t have any substitutes. On even a modest deadline, driving from Perth or even Sydney to Melbourne, for example, is not a comparable option.

And a passenger’s options to adapt their travel plans diminish as the departure date approaches. In the final days before travel, hotel cancellation deadlines pass and alternative connecting flight options sell out or spike in price.

In some cases, travelling to a specific event can become pointless for a passenger if a delay is lengthy enough.

Australia is playing catch-up

In contrast with Australia, aviation-specific protections have long existed in many other developed economies.

In the European Union (EU), for example, regulations[6] make clear that airlines have specific obligations and responsibilities in the event of delays, cancellations and denied boardings. This includes the right to compensation[7] of up to €600 (A$988).

These protections and the levels of compensation payable for failure to meet specified requirements for different kinds of flights are comprehensively legislated.

Canada has a slightly different approach[8] – smaller regional carriers have different obligations to mainline operators. But as with the European regulation, it imposes an obligation to get the passenger to the ticketed destination, or to refund the ticket if the journey has become pointless.

The absence of such legislated protections in Australia means we typically have to rely on the goodwill of the airline when things go wrong.

Real action has been delayed

The centrepiece proposal of the white paper[9] is to create a new ombud scheme with “the power to direct airlines and airports to provide remedies to consumers and investigate customer complaints about airlines’ and airports’ conduct”. This will replace the existing Airline Customer Advocate[10].

A new charter of customer rights, to be produced by the scheme, will aim to give flyers “greater certainty about what they can expect when flights are cancelled and delayed” and require airlines to be more transparent about their performance.

Read more: Airline 'customer rights charter' to specify when cash refunds required[11]

The white paper noted the poor on-time performance of Australian carriers. It also pointed out that the Australian Competition and Consumer Commission identified[12] problems with consumer protections for air travel in Australia as far back as 2017. But its proposals offer no real quantifiable or enforceable improvements to consumer rights.

Despite the well-established models in comparable countries – many of which have followed the EU’s lead[13] – Australians will need to wait for yet another discussion process to be complete before they see what protections may eventually be introduced.

person holding baggage enters hotel reception front desk
Consumer protections should extend to the knock-on effects of missing a flight. DC Studio/Shutterstock[14]

The government’s white paper has largely just kicked the can down the road.

At a minimum, passengers on Australian carriers deserve the assurances given to those travelling in and from Europe: in the event of a cancellation or long delay, that they will be transported to their destination on an alternative flight as quickly as possible.

They should also be given appropriate meals and accommodation until they can make this onward journey, receive compensation for lengthy delays, and have the option to return home with a full refund if their travel has become pointless.

References

  1. ^ Australian Consumer Law (consumer.gov.au)
  2. ^ pain point (www.accc.gov.au)
  3. ^ Aviation White Paper (www.infrastructure.gov.au)
  4. ^ Europe (www.airhelp.com)
  5. ^ Seth Jaworski (www.shutterstock.com)
  6. ^ regulations (eur-lex.europa.eu)
  7. ^ right to compensation (www.airhelp.com)
  8. ^ slightly different approach (laws-lois.justice.gc.ca)
  9. ^ white paper (www.infrastructure.gov.au)
  10. ^ Airline Customer Advocate (www.airlinecustomeradvocate.com.au)
  11. ^ Airline 'customer rights charter' to specify when cash refunds required (theconversation.com)
  12. ^ identified (www.accc.gov.au)
  13. ^ followed the EU’s lead (theconversation.com)
  14. ^ DC Studio/Shutterstock (www.shutterstock.com)

Read more https://theconversation.com/even-after-the-governments-aviation-crackdown-australia-will-lag-behind-on-flyers-rights-237469

Times Magazine

Building an AI-First Culture in Your Company

AI isn't just something to think about anymore - it's becoming part of how we live and work, whether we like it or not. At the office, it definitely helps us move faster. But here's the thing: just using tools like ChatGPT or plugging AI into your wo...

Data Management Isn't Just About Tech—Here’s Why It’s a Human Problem Too

Photo by Kevin Kuby Manuel O. Diaz Jr.We live in a world drowning in data. Every click, swipe, medical scan, and financial transaction generates information, so much that managing it all has become one of the biggest challenges of our digital age. Bu...

Headless CMS in Digital Twins and 3D Product Experiences

Image by freepik As the metaverse becomes more advanced and accessible, it's clear that multiple sectors will use digital twins and 3D product experiences to visualize, connect, and streamline efforts better. A digital twin is a virtual replica of ...

The Decline of Hyper-Casual: How Mid-Core Mobile Games Took Over in 2025

In recent years, the mobile gaming landscape has undergone a significant transformation, with mid-core mobile games emerging as the dominant force in app stores by 2025. This shift is underpinned by changing user habits and evolving monetization tr...

Understanding ITIL 4 and PRINCE2 Project Management Synergy

Key Highlights ITIL 4 focuses on IT service management, emphasising continual improvement and value creation through modern digital transformation approaches. PRINCE2 project management supports systematic planning and execution of projects wit...

What AI Adoption Means for the Future of Workplace Risk Management

Image by freepik As industrial operations become more complex and fast-paced, the risks faced by workers and employers alike continue to grow. Traditional safety models—reliant on manual oversight, reactive investigations, and standardised checklist...

The Times Features

Ricoh Launches IM C401F A4 Colour MFP to Boost Speed and Security in Hybrid Workplaces

Ricoh, a leading provider of smart workplace technology, today launched the RICOH IM C401F, an enterprise-grade A4 colour desktop multifunction printer (MFP) designed for Austral...

Why Diversification Still Matters in a Volatile Economy

Market volatility, geopolitical conflicts, inflation fears—these are only some of the wild cards that render the current financial environment a tightrope to walk. Amidst all thi...

Specialised nutrition gains momentum in supporting those living with early Alzheimer's disease

With high public interest in Alzheimer’s disease, there is growing awareness of the important role nutrition plays in supporting memory and cognitive function in people diagnosed...

From clinics to comfort: how sleep retreats are redefining care in Australia

Australia is amid a sleep health crisis. Nearly 40% of adults report inadequate sleep, and the consequences are far-reaching, impacting everything from cardiovascular health to...

Is our mental health determined by where we live – or is it the other way round? New research sheds more light

Ever felt like where you live is having an impact on your mental health? Turns out, you’re not imagining things. Our new analysis[1] of eight years of data from the New Zeal...

Going Off the Beaten Path? Here's How to Power Up Without the Grid

There’s something incredibly freeing about heading off the beaten path. No traffic, no crowded campsites, no glowing screens in every direction — just you, the landscape, and the...