A passenger bill of rights is still missing from the proposed Aviation Consumer Protection Bill and there is a risk that regional Australians could be excluded from its protections, the Australian Lawyers Alliance (ALA) says.
“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 the ALA’s Victoria Roy who appeared at a Senate public hearing in Canberra this morning.
“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.”
In a previous submission, the Australian Airports Association said applying the scheme to all airports would have placed an unfair burden on smaller and regional operators. The Government has confirmed that smaller regional airports will be exempt through a one million annual passenger threshold.
The Aviation Consumer Protection Bill 2026 is a major legislative package designed to overhaul passenger rights and impose strict minimum standards on airlines and airports. Backed by a nearly $40 million federal budget allocation, it creates the legal framework for the Aviation Consumer Protection Authority (ACPA) and an independent ombuds scheme to resolve disputes.
Key elements of the framework
The legislative package includes four related bills currently undergoing review by a Senate committee. The key elements of the framework include:
Aviation Consumer Protections Charter: Establishes minimum, enforceable standards for booking requirements, check-in, lost baggage, accessibility services, and passenger treatment during flight disruptions, delays, and cancellations.
Aviation Consumer Ombuds Scheme: Provides impartial, external dispute resolution for travelers unable to resolve complaints directly with airlines or airports.
Aviation Consumer Protection Authority (ACPA): Acts as the primary regulator to enforce the Charter and respond to systemic or serious industry breaches.
Aircraft Noise Ombudsperson: Transitions and elevates the current Aircraft Noise Ombudsman to independently review aircraft-noise complaints.
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,” Roy said.
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,” Roy said.
“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.”
Advocates, such as CHOICE, are pushing for codified, guaranteed compensation rules when flights are cancelled or excessively delayed.
Major airlines also made submissions today, including Qantas and Virgin Australia which have opposed the “one-size-fits-all” mandatory compensation, citing increased business costs.
The ALA has been advocating for improved air passenger rights since the COVID-19 pandemic.
