Modern Australian
Men's Weekly

.

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

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. 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 for flyers, only heightened by pandemic disruption.

The government’s much-awaited Aviation White Paper, 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.

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

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 make clear that airlines have specific obligations and responsibilities in the event of delays, cancellations and denied boardings. This includes the right to compensation 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 – 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 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.

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

The white paper noted the poor on-time performance of Australian carriers. It also pointed out that the Australian Competition and Consumer Commission identified 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 – 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

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.

Authors: Ian Douglas, Honorary Senior Lecturer, UNSW Aviation, UNSW Sydney

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

Restaurants Risk Compliance Issues Amid Commercial Plumber Shortage

As demand for housing, roads and facilities increases, so does the demand for trade workers. According to Infrastructure Australia, the construction i...

The Importance Of A Professional Medical Fitout Melbourne For Modern Healthcare Facilities

Healthcare environments must operate with precision, efficiency, and a strong focus on patient comfort. A well-planned medical fitout Melbourne hel...

Top Safety and Comfort Features to Consider in Family Off Road Caravans

Exploring Australia’s coastline, bush tracks or outback locations is far more enjoyable when travelling in a caravan designed for both comfort and...

“Logistical Nightmare” – Rural and Remote Communities Supply Chain Nightmares

Australia’s road logistics need major reform to counteract the supply chain issues that are hitting rural and regional communities hard. With 80% of...

The Importance Of Quality Bait Boards For Boats To Enhance Fishing Efficiency And Comfort

Fishing enthusiasts understand that having the right equipment on board makes every trip smoother and more enjoyable. One essential accessory for an...

The Essential Safety Gear Every Tradesman Needs

Across industries like construction, electrical work, plumbing, carpentry, and welding, workers face hazards every single day. For tradesmen, having...

Best POS System Features That Boost Customer Experience

Source: Unsplash Starting and scaling a retail business is unlikely possible without an effective Point of Sale (POS) system. It is the tech heartbe...

Understanding SMSF Setup Online and Why More Australians Are Choosing Digital Fund Establishment

liManaging your own superannuation gives you greater control over investments, retirement planning, and long-term financial decision-making. As inte...

Double Carport: Complete Guide to Design, Cost, and Installation

A double carport provides practical, cost-effective protection for two vehicles whilst adding value and functionality to your property. Whether you're...

How External Blinds and Awnings Improve Comfort, Privacy, and Energy Efficiency

Outdoor comfort and protection are essential for homes and commercial properties, especially in regions with strong sunlight, high UV exposure, and ...

Worksite Comfort Upgrades That Boost Team Productivity

Jobsite productivity doesn’t depend solely on tools, training, or scheduling. It also hinges on something often overlooked: worker comfort. When e...

NDIS Occupational Therapy: Your Complete Guide to Accessing Support and Services

Occupational therapy plays a crucial role in helping NDIS participants achieve their goals and improve their daily living skills. For people with disa...

How to Start Trading Futures in Australia: Markets, Margin and Regulation

Futures trading has become increasingly popular among Australian traders seeking opportunities across global commodities, indices, currencies and ener...

The Importance Of Residential Scaffolding For Safe And Efficient Home Projects

Home construction and renovation projects require reliable access systems that prioritise both worker safety and structural stability. Whether the p...

Understanding All on 4 Dental Implants and Their Benefits for Full Mouth Restoration

Tooth loss can affect daily life in many ways, including chewing difficulties, speech problems, facial changes, and reduced confidence. Modern denti...

Why Removalists Are Essential for a Smooth, Safe, and Hassle-Free Moving Experience

Moving homes or offices can be overwhelming, especially when you’re trying to balance packing, organising, heavy lifting, and time-sensitive deadl...

Understanding Domestic Violence Orders in Queensland

Domestic violence is an issue that affects many households. This article will break down the key aspects of Domestic Violence Orders (DVOs) in Queen...

Why A Smart Lock Is Becoming An Essential Upgrade For Modern Home Security

Homeowners today are placing greater importance on security, convenience and technology in their living spaces. One of the most significant advancem...