Air Carriers' Liability
Australia's carriers' liability arrangements are outlined in the Civil Aviation (Carriers' Liability) Act 1959.
The Act gives the force of law to a number of liability frameworks, including those arising under the 'Warsaw System', and separate system of liability for domestic travel.
The liability framework for domestic travel is created under Part IV of the Act, and is complimented by state government legislation to create a national uniform scheme.
Arrangements for compulsory insurance are outlined in Part IVA of the Act.
Montreal Convention and Civil Aviation Legislation Amendment
The Government is currently implementing the 1999 Montreal Convention.
The Montreal Convention is intended to replace all previous Warsaw System instruments, rather than merely amending or supplementing them.
The Montreal Convention is an international agreement which will update laws relating to carriers' liability. It is designed to replace the complicated and outdated 'Warsaw System' of carriers' liability.
The Montreal Convention will be implemented in Australia by the Civil Aviation Legislation Amendment (1999 Montreal Convention and Other Measures) Bill 2008. This legislation follows extensive consultation with interested industries.
- A copy of the Bill and the Explanatory Memorandum can be found on the Parliament of Australia website.
- Minister Albanese media release
The Bill will also insert a definition of family member into the Civil Aviation (Carriers' Liability) Act 1959, which will expand the class of relatives of a passenger who may bring an action against the carrier. The changes are minor, and are intended to reflect the nature of contemporary family structures. There are no changes to the overall liability caps for each passenger.
The Department released a discussion paper in September 2005 regarding the implementation of the 1999 Montreal Convention on carriers' liability. The discussion paper changes are also proposed minor administrative for the system of international airline licenses, the mandatory requirements for carriers' liability insurance and the designation of international airports. These changes are still under consideration but will not be implemented by the Civil Aviation Amendment (1999 Montreal Convention and Other Measures) Bill.
A copy of the discussion paper is available here, along with an earlier discussion paper canvassing issues in relation to the Montreal Convention, and a copy of the Montreal Convention itself:
- Montreal Convention and related administrative amendments - 2005 Discussion Paper [
DOC: 136 KB] - Reform of Carriers Liability - The Montreal Convention - 2001 Discussion Paper [
PDF: 176 KB] - The Montreal Convention [PDF: 46 KB]
Warsaw Convention
The Warsaw Convention was signed in 1929 and deals with the rules of liability governing international carriage of persons, baggage and cargo by aircraft. The Convention has been amended on a piecemeal basis over succeeding years by a number of protocols and conventions.
The Warsaw Conventions and the various amending instruments to which Australia is a party are given the force of law in Australia by the Civil Aviation (Carriers' Liability) Act 1959.
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