29/05/2026

Legislation to establish an aviation consumer ombudsperson to enforce the rights of airline passengers is welcome, but a passenger bill of rights is still missing, and there is a risk that regional Australians could be excluded from its protections, says the Australian Lawyers Alliance (ALA).

“The ALA broadly supports the direction of this Bill package. For too long, Australian air passengers have lacked a simple, affordable and accessible way to enforce their limited consumer rights,” said Victoria Roy, spokesperson for the Australian Lawyers Alliance.

“The creation of an Aviation Consumer Ombudsperson, with the power to make binding decisions in air passenger consumer disputes, is a positive step. However, we would like to see a passenger bill of rights with rights and obligations detailed in the primary legislation.

“We are also concerned that regional Australians may not receive the same protections as other passengers due to allowable exemptions.”

Section 9 of the Bill allows exemptions from the new rights framework, and the Government has indicated that it intends to exempt airports with fewer than one million passengers per year. The ALA opposes this exemption because it will disproportionately affect regional Australians, who are often reliant on aviation for essential travel, including access to specialist medical treatment.

“This exemption risks creating a two-tier system of rights for passengers. It also adds unnecessary complexity to an area where passengers already face too many barriers,” said Ms Roy.

The ALA’s second key concern is that the Bill does not give the new Ombudsperson a clear and unambiguous power to require airlines to compensate passengers for unreasonable delays that are within the airline’s control.

“This Bill package is a missed opportunity to clarify and standardise air passengers’ rights to compensation for unreasonable flight delays,” said Ms Roy.

“Passengers in Australia deserve the same level of consumer certainty that exists in jurisdictions such as Canada and the European Union, where compensation rules are already binding on Australian airlines when they operate there.”

The ALA has been advocating for improved air passenger rights since the COVID-19 pandemic.