I was injured on a regional bus service. Is the carrier liable under federal law?

What the Law Says

In Australia, liability for injury on a regional bus service is primarily governed by the national Competition and Consumer Act 2010 (Cth) (CC Act), not state-based transport legislation. The CC Act applies because bus services are considered 'consumer services' provided 'in trade or commerce'. Key consumer guarantees — especially the guarantee of acceptable quality and due care and skill — impose strict liability on carriers for injuries caused by failures in service delivery.

Under section 60 of the Competition and Consumer Act 2010 (Cth), a guarantee applies that services will be rendered with due care and skill. This means the bus operator must take reasonable steps to ensure passenger safety — including proper vehicle maintenance, trained drivers, and safe boarding/alighting procedures.

If the injury results from a breach of this guarantee, the injured passenger may seek compensation under section 271 of the same Act, which provides remedies including damages for personal injury where loss or damage is reasonably foreseeable.

The limitation period for bringing such a claim is generally six years from the date of the incident, as set by the Limitation Act 1969 (NSW) and equivalent state laws — though the CC Act itself does not specify a limitation period, so state limitation statutes apply by default.

Statutory Text

There is a guarantee that services will be rendered with due care and skill.

— Competition and Consumer Act 2010 (Cth), s. 60 — Guarantees relating to services

Statutory Text

A person who suffers loss or damage by conduct of another person that is in contravention of a provision of Part IV or Chapter IV is entitled to recover the amount of the loss or damage by action against that other person.

— Competition and Consumer Act 2010 (Cth), s. 271 — Recovery of loss or damage

What to Do

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