Australia’s New Aviation Charter: Enhanced Protections Without EU-Style Delay Compensation

21 Jan, 2025 | News

With over 10 million domestic flights annually, Australians have long voiced frustrations about delays, cancellations, and inadequate passenger rights. The Australian government is now responding with a landmark initiative: the Aviation Customer Rights Charter. But does it go far enough to protect travelers?

The draft charter, recently released for public consultation, outlines measures aimed at improving passenger experiences. However, it omits a European-style compensation scheme for flight delays, sparking debate among passengers, advocacy groups, and the aviation industry.

No Compensation Model Similar to the EU

In Europe, air passengers enjoy robust protections, including compensation for delays exceeding three hours, with payouts ranging from €250 to €600 depending on flight distance. Advocates argue that a similar scheme in Australia would hold airlines accountable and better protect consumers.

Despite these calls, the Australian government has decided against adopting such a model. Airlines, including Qantas, voiced concerns that implementing EU-style regulations could lead to increased operational costs and higher airfares.

Transport Minister Catherine King explained the rationale behind the decision, emphasising fairness without risking undue pressure on the industry:‘Customers should get what they pay for, or they should get a refund. This Charter of Rights spells out very clearly what people, the flying public, can expect.’

Key Features of the Aviation Customer Rights Charter

The draft charter, part of the 2024 Aviation White Paper, aims to establish clear expectations for airlines and airports, focusing on fairness, accessibility, and respect for passengers. Its main features include:

Complimentary Rebooking

If airline-caused delays exceed three hours, passengers can rebook with the original airline or an alternative carrier at no additional cost.

Full Refunds for Cancelled Flights

Travelers with time-sensitive bookings are entitled to a full refund if their flight is cancelled.

Support During Extended Delays

  • Meal Vouchers and Lounge Access: Airlines must provide meal vouchers, reimbursements, or lounge access during lengthy delays.
  • Accommodation and Transport: Passengers delayed overnight will receive free accommodation and transport to and from the airport.

Baggage Handling Obligations

Airlines are required to ensure efficient baggage handling and to offer remedies for delays or damages.

Safeguards for Passenger Privacy

Personal data must only be retained in compliance with Australian privacy laws.

These measures aim to ensure that passengers are treated with dignity and receive practical remedies for disruptions.

Public Input and Legislative Process

The draft charter was released on 22 December 2024 and is open for public feedback until 28 February 2025. Parliamentary approval is required for the charter to take effect. While no official timeline has been announced, Transport Minister Catherine King underscored the urgency of moving forward.

‘This is a vital step towards restoring trust in our aviation sector,’ she stated.

Public participation will play a critical role in refining the charter. Feedback can be submitted via the government’s consultation portal, giving Australians an opportunity to shape the future of air travel protections.

Balancing Consumer Protection with Industry Viability

The Aviation Customer Rights Charter aims to strike a balance between safeguarding passengers’ interests and ensuring that airfares remain affordable.

While critics argue that excluding an EU-style compensation scheme is a missed opportunity, the government believes its approach will deliver practical solutions without overburdening the aviation industry.

As the public consultation period unfolds, travelers and industry stakeholders alike are encouraged to share their views. Will the charter provide the right level of protection without driving up costs? Only time—and public input—will tell.

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