Regulation Impact Statement – Department of Infrastructure, Transport, Regional Development and Communications
On 28 October 2020, the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development, the Hon Michael McCormack MP, decided Australia should not accede to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974, as amended by the 2002 Protocol (Athens Convention) at this time.
At present, Australian passengers on international cruise ships who pursue a claim relating to injury or luggage can be faced with an overly complex process which may impact the ability to make legitimate claims. The Department of Infrastructure, Transport, Regional Development and Communications prepared and certified a Regulation Impact Statement (RIS) exploring how ascension to the Athens Convention would seek to remedy this situation by implementing a regime for assigning liability in international passenger shipping that provides passengers and carriers with greater legal certainty and assurance of cover. The conclusion from the RIS is that whilst there are benefits to passengers if Australia were to accede to the Athens Convention, there is no strong or urgent case for government action. Except in the event of a catastrophic incident, passengers have access to greater amounts of compensation under the current system.
The Office of Best Practice Regulation (OBPR) assessed the RIS as compliant with the Australian Government RIS requirements and consistent with good practice.
As the RIS recommends the status quo, there is no change in average annual regulatory costs.