AustraliaMy flight was cancelled and the airline won't compensate me. What rights do I have under Australian law?
Under Australian law, you generally have no automatic right to cash compensation for a cancelled flight — but the airline must offer a full refund or rebooking, and may owe compensation if the cancellation was due to avoidable operational failures.
What the Law Says
In Australia, passenger rights for cancelled flights are not governed by a dedicated aviation passenger rights law like in the European Union. Instead, rights arise from the Australian Consumer Law (ACL), common law contract principles, and the airline’s own conditions of carriage.
The Australian Consumer Law (ACL) applies to all consumer contracts for services, including air travel sold to consumers in Australia. Under ACL section 64, services must be provided with due care and skill, and be reasonably fit for any disclosed purpose. If a flight cancellation results from the airline’s failure to meet these guarantees — for example, poor scheduling, inadequate staffing, or preventable technical issues — you may be entitled to a remedy such as a refund or compensation.
However, the ACL does not require airlines to pay fixed monetary compensation for cancellations caused by circumstances outside their control — such as severe weather, air traffic control restrictions, or sudden crew illness. In those cases, the airline must still offer a full refund or rebooking, but is not obliged to pay extra compensation.
Airlines operating in Australia must also comply with their own published Conditions of Carriage, which form part of the contract with passengers. These terms must not exclude, restrict or limit the consumer guarantees in the ACL — any such clause is void under ACL section 64.
Statutory TextA term of a contract for the supply of services to a consumer is void to the extent that the term excludes, restricts or modifies, or would have the effect of excluding, restricting or modifying, any liability of the supplier arising under section 60, 61 or 62.
— Competition and Consumer Act 2010 (Cth), Sch 2 s.64 — Unfair terms and consumer guarantees
Statutory TextServices must be rendered with due care and skill; and be reasonably fit for any purpose made known to the supplier.
— Competition and Consumer Act 2010 (Cth), Sch 2 s.60 — Due care and skill
What to Do
Contact the airline immediately to request either a full refund or alternative flight — they must process refunds within 7 days of your request.
Review the airline’s Conditions of Carriage (usually on its website) to understand its specific cancellation policy and obligations.
If the airline refuses a refund or remedy and you believe the cancellation breached ACL guarantees (e.g., it was foreseeable or preventable), lodge a complaint with the Australian Competition and Consumer Commission (ACCC).
For disputes over $5,000 or involving complex legal questions, consider seeking advice from your state or territory consumer affairs agency or a community legal centre.
Sources
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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.
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