PM Transcripts

FOR PRESS: P. M. No 45/ 1970
INCREASE [ N LIMITS OF LIABILITY FOR AIRCRAFT
Statement by the E: rime Minister, Mr. John Gorton
The Commonwealth Government proposes to amend its,
legislation relating to compensation payable to injured passengers or the
dependants of passengers killed in domestic aircraft acciden'ts. The
proposed amendments are designed to improve the position of air
travellers, or their dependants, in this respect.
The Civil Aviation ( Carriers' Liability) Act, prescribes the
liability of airline operators in the event of aircraft accidents. In the case
of domestic operations, an airline is liable for damages arising from an
accident taking place on board its aircraft whether or not it was responsible
for the accident, and the Act specifies $ 15, 000 as the maximum amount
of damages payable in respect of any one passenger.
The Government believes that this limit on damages sh ould
now be raised to $ 30, 000, and that provision should also be made for early
interim payments to the surviving spouse and children of a deceased
passenger pending assessment of the damages payable. The limits of
liability in respect of damaged or destroyed baggage will also be increased.
At present, the Act applies only to passengers carried by the
airlines, and the Government intends to extend its provisions to cover
passengers on all charter flights, commuter services and joyrides etc.
so far as Commonwealth powers permit.
As the Commonwealth legislation relates primarily to
interstate operations, the various State Governments have enacted laws
applying the same rules to intrastate air services. I have written to the
State Premiers seeking their views on the Commonwealth's proposals and
asking for their co-operation in having comparable amendments made
to their legislation in due course.
The Government will introduce the necessary amending
legislation into Parliament at the earliest opportunity.
The Government would like to see changes in' the Carriers'
liability arrangements applicable to international services operatedto and
from Australia, but these are subject to an international convention which
has been ratified by Australia. Worldwide consideration is currently being
given to increasing the limit of liability in respect of international passengers,
but the Government has concluded that, as it will be some time before any
finality could be reached in this matter, it should deal with the legislation
affecting Australia's internal air services separately and as soon as
possible. CANBERRA I April 1.970