Lawyers throw weight behind push for flight delay compo

Lawyers want compensation for flight delays examined in the federal government’s aviation white paper to bring Australia into line with other countries.

There is a push for the introduction of compensation for flight delays, similar to a European Union initiative.

Lawyers want a flight delay compensation scheme examined in the federal government’s aviation white paper to bring Australia into line with other countries.

The Australian Lawyers ­Alliance has made a submission to the government, seeking to have the issue specifically included in the white paper’s terms of reference.

Although “appropriate consumer protections” are covered in the framework, travel lawyer Victoria Roy said flight delays were such a significant issue, they should be a specific area for consideration. “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,” Ms Roy said.

“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.”

The sort of scheme envisioned by the ALA would offer monetary compensation to passengers in the event of a delay within an airline’s control, and set standards for airlines to inform passengers of delays in a timely manner, Ms Roy said.

There would also be a legal ­requirement for airlines to ­provide appropriate accommodation to passengers in the event of significant delays.

In the EU, travellers are entitled to $400-$1000 in compensation if their flight is delayed by more than three hours, and the delay is within the airline’s control. Events such as extreme weather, medical emergencies, air traffic control restrictions, acts of terrorism and political instability are considered beyond the airline’s control.

In Australia, Qantas and Virgin Australia provided some level of “comfort” to passengers in the event of significant delays or cancellations in the form of meals or vouchers, and accommodation where possible.

Jetstar gave travellers the ­opportunity to claim for expenses incurred as a result of flight ­delays or cancellations, through a website portal.

But Ms Roy said a more rigorous approach was needed to hold airlines to account for delays within their control.

“Australia is the only country in the world that covers a continent, which makes air travel ­essential for business, leisure and staying connected with family,” she said.

“Despite this, Australian air passengers have far fewer consumer protections than air passengers in other jurisdictions such as Canada, the US, Europe and the UK.”

The ALA also planned to make submissions to the aviation white paper on the lack of legal protection for passengers who suffered psychological harm from aviation incidents.