Delay Draft

Flight Delayed or Cancelled in Australia? What the Rules Actually Say

Australia does not have a fixed compensation scheme for flight delays and cancellations like EU261 or Canada's APPR. Passengers rely mainly on the Australian Consumer Law (ACL) and on each airline's customer service plan and conditions of carriage. A new aviation consumer protection framework is going through Parliament.

Australian Consumer Law

The ACL includes consumer guarantees that services be provided with due care and skill and within a reasonable time when no time is agreed. The Australian Competition and Consumer Commission (ACCC) explains that when an airline cancels or significantly delays a flight, you may be able to ask for a replacement service (such as rebooking) or a refund, depending on the situation. Airline policies cannot override these guarantees. Airline compensation policies are in addition to them, not a substitute.

Airline customer plans

Airlines including Qantas, Jetstar, and Virgin Australia publish customer service plans and conditions of carriage. These describe what each airline offers during disruptions, such as rebooking, meal vouchers, or accommodation when the cause is within its control. Read your airline's plan and quote it in your request.

The Aviation Consumer Protection Bill 2026

The government introduced the Aviation Consumer Protection Bill 2026 in April 2026. It would set up an Aviation Consumer Protections Charter with minimum standards, a regulator, and an Aviation Consumer Ombuds Scheme for complaints. The government has said assistance during disruptions caused by factors within the airline's control will focus on immediate support, such as food, overnight accommodation, and rebooking or refunds. It has not proposed a fixed cash compensation scheme. Key parts start at proclamation or 12 months after Royal Assent, so check the Department of Infrastructure's website for the current status.

International flights

On international flights, the Montreal Convention may let you claim proven losses caused by delay, subject to limits and the airline's defenses. If you flew from Europe, EU261 or UK rules may apply. See our Europe guides.

Main airports and airlines

Airports include Sydney (SYD), Melbourne (MEL), Brisbane (BNE), Perth (PER), Adelaide (ADL), Gold Coast (OOL), Cairns (CNS), and Canberra (CBR). Airlines include Qantas, Jetstar, Virgin Australia, Rex, and QantasLink.

Where to complain

Complain to the airline first, in writing. The ACCC explains your consumer rights for travel delays and cancellations: accc.gov.au. Your state or territory consumer protection agency can also help. Updates on the ombuds scheme: infrastructure.gov.au.

FAQ

Does Australia have a cash payment for a 3-hour delay? No fixed amount is set by law. Remedies come from consumer law, airline policies, and, for international trips, the Montreal Convention.

Can I ask for a refund instead of a voucher? Under the ACL, a refund may be an option for a cancelled or significantly delayed flight, depending on the circumstances. Ask in writing.

Is the new ombuds scheme running? Check the Department of Infrastructure's website. The legislation was before Parliament in 2026.

Related guides

Create your letter

Delay Draft writes a clear, professional letter that you send to the airline yourself. It lists your flight, the times, the cause you were given, and the rule you are relying on. We are not a law firm, we do not give legal advice, and we do not file claims for you. Questions: claims@delaydraft.com.

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