DISABILITY ACCESS, AIRLINE TRAVEL

In reply to the Hon. K.L. VINCENT (17 July 2012).

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for the Status of Women, Minister for State/Local Government Relations): The Minister for Business Services and Consumers has advised:

1. I am concerned to note your comments. I am advised that it is common practice for airlines to sell more tickets than seats on a flight, a practice that is known as 'overbooking' or 'overselling'. Airlines expect a certain percentage of invariable cancellations and 'no-shows' from passengers based on their prior experiences and so sell more tickets than seats to cater for this eventuality to avoid empty seats. But it concerns me that this practice has consequences for all passengers.

The control over airlines including boarding on flights is a federal matter and not one that can be resolved at the state level. However, I have asked the Deputy Commissioner, Consumer and Business Services to raise the practice of 'overselling' tickets generally by airlines at the appropriate forum for Australian Consumer Law (ACL) regulators. I am advised that this issue will be raised with the Compliance and Dispute Resolution Committee (CDRAC).

2. The federal Minister for Infrastructure and Transport, Hon. Anthony Albanese MP is responsible for this portfolio. I understand that there is a national Aviation Access Working Group that focuses on practical solutions to improve access to air services by people with disabilities. Following this issue being raised, I wrote to Minister Albanese to bring the matter to his attention.

3. I hope that this situation does not dissuade people with disabilities from travelling on airlines and other forms of public transport. It is important for airlines to acknowledge their obligations under anti-discrimination and disability laws.

4. I have expressed my concerns on this matter to Minister Albanese. However, as the regulation of airlines is a federal matter this issue would be more appropriately dealt with by the federal Minister for Infrastructure and Transport.

5. Airlines are no different to any other industry or business that operates in Australia. Aside from industry specific legislation that airlines must abide by, they are also required to comply with their obligations and responsibilities under the Australian Consumer Law (ACL); a national law that forms part of the Competition and Consumer Act 2010. This law gives consumers the same protections across state and territory borders. It includes consumer guarantees on goods and services and misleading or deceptive conduct or false or misleading representations, amongst other things.