(Cth) Distinguish Disability Aids From Baggage on Commercial Flights
- Emilie Everingham, Wei-Hsuan Kai, Philip Alex, Amy O’Brien, Elaine Qiao, Fraser Simpson, Liz Templeton & Sarah Frost
- May 17
- 9 min read
Author: Emilie Everingham, Wei-Hsuan Kai, Philip Alex, Amy O’Brien, Elaine Qiao, Fraser Simpson, Liz Templeton & Sarah Frost | Publish date: 17/5/2026
P: In Australia, disability aids are not always distinguished from baggage on commercial flights.
S: The Attorney General should amend Section 30.1(2) of the Disability Standards for Accessible Public Transport 2002 (Cth) to mandate that disability aids must be distinguished from general baggage on aircraft.
E: Australian Federation of Disability Organisations (AFDO): 'we … urge the government to distinguish disability aids from luggage’.
Problem Identification:
Section 30.1(2) of the Disability Standards for Accessible Public Transport 2002 (Cth) states 'disability aids are to be treated in the same way as cabin or accompanied baggage.’ The Standards do not require additional protective storage or special standards on commercial aircraft.
According to a joint submission by the Justice and Equity Centre (JEC) and multiple disability groups, the absence of distinction between disability aids and general baggage ‘contribute to discrimination, exclusion, personal injury, and damage to mobility devices.’
Context:
The Disability Discrimination Act 1992 (Cth) refers to disability aids as assistive devices, or ‘equipment (including a palliative or therapeutic device) that: (a) is used by the person; and (b) provides assistance to alleviate the effect of the disability.’ Disability aids include mobility aids such as ‘canes, crutches, walking sticks, walking frames’ and ‘manual [or] electric wheelchairs’. Kin Advocacy noted that the definition should also capture adaptive technology and assistive equipment such as braille materials, which are 'very fragile' and require careful handling.
The ABS reported that in 2022, of the 5.5 million Australians living with a disability, 3 million used disability aids or equipment.
In 2015, the Department of Infrastructure and Regional Development encouraged operators to develop Disability Access Facilitation Plans (DAFPs) to outline their commitment to accommodating the needs of travellers with disability. These were ‘not intended to be binding on airline or airport operators.’ The 2024 Aviation White Paper announced that it will ‘make new aviation-specific disability standards as a schedule’ to the Disability Standards for Accessible Public Transport 2002 (Cth). The ABC stated that ‘the government says it is aiming to finalise the new standards in 2026’.
Australia has a legal obligation under Article 9 of the UN Convention on the Rights of People with Disabilities ‘to ensure that private entities … take into account all aspects of accessibility for persons with disabilities’.
Arguments:
The JEC reported that passengers travelling with disability frequently experience ‘significant property damage’ to their disability aids, which reduces their mobility and autonomy. Dudney et al. (2026) found that internationally in 2023, 67% of wheelchair and mobility scooter users reported mobility device damage during air travel, describing these events as causing 'cascading and life-altering impacts.’ The JEC explained that these damages can be caused by ‘airline’s inadequate practices for handling fragile and disability-specific equipment’. Legal researcher Lexanne Garcia argued that for people with reduced mobility, their aids are ‘extensions of their bodies’, but airlines mishandle them in ways that would be ‘unthinkable’ if they were ‘someone’s legs.’ Disability advocate Akii Ngo recounted how their electric wheelchair was broken after a domestic flight, leaving them ‘100 per cent housebound’ for days until repairs were arranged. Pfeiffer et al. (2024) affirmed that ‘damage to a passenger’s wheelchair is not just inconvenient, it can severely impact independence during and after the trip.’
The JEC detailed that disabled passengers often ‘[incur] financial expenses’ to repair disability aids that are damaged by airlines. Disability advocate Zoe Simmons explained that passengers ‘are often expected to handle repairs themselves whenever their mobility aids are damaged’. The Aviation White Paper noted that ‘Section 31(2) of the [Civil Aviation (Carrier’s Liability) Act 1959 (CACL)] caps domestic carriers’ liability for destruction, loss or injury to baggage at $3,000’ which ‘applies to wheelchairs and mobility devices carried on flights.’ They stated ‘wheelchairs can cost over $15,000, meaning the CACL Act liability cap can result in significant out-of-pocket costs for people whose wheelchairs are damaged.’ The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability recognised that ‘domestic carriage liability limits for passengers, baggage and mandatory insurance is not adequate to compensate for loss or damage to mobility equipment.’
Advice/Solution Identification:
The Australian Federation of Disability Organisations (AFDO) and the JEC have called for distinguishing disability aids from baggage on commercial flights. The JEC stated that this could ensure customers are ‘entitled to an equivalent replacement disability aid’ and ‘compensated for the cost of repair or replacement’. Dr Abdi of Kin Advocacy emphasised the importance of demarcating disability aids, arguing that 'packaging them differently than luggage will ensure that they are handled differently'.
Precedent:
There is international precedent for treating disability aids as categorically distinct from baggage. In the USA, it is legislated that disability aids have priority stowage over other baggage.
Public Support:
Physical Disability Australia (see acknowledgements)
Broad Support:
Public Interest Advocacy Centre (PIAC) - Advocated for ‘reforms to provide passengers with disability travelling by air with greater rights, and more rapid and effective remedies.’ However, they have not explicitly advocated for distinguishing disability aids from baggage on commercial flights.
People With Disabilities Western Australia (PWdWA) - Called for further improvements to ‘aviation sector standards for carriage of assistance animals and mobility aids’ in the Disability Standards for Accessible Public Transport. However, they have not explicitly advocated for distinguishing disability aids from baggage on commercial flights.
Physical Disability Australia (PDA) - Recommended that ‘detailed disability access provisions be included in the enforceable regulations governing airport and aircraft certification and operation’ to ensure that passengers with disability have their belongings handled with care and respect. However, they have not explicitly advocated for distinguishing disability aids from baggage on commercial flights. Suzanne Gearing, CEO of PDA, extended this recommendation to terminology, suggesting disability aids should be reframed as 'essential health aids' rather than baggage, since 'changing the way you describe it' shifts attitudes towards how disability aids are handled.
International Air Transport Association (IATA) - Launched the global Mobility Aids Action Group to ‘examine and improve … issues around the safe and secure transport of mobility aids’. However, they have not explicitly advocated for distinguishing disability aids from baggage on commercial flights.
This list reflects publicly stated positions and should not necessarily be taken as endorsement of this specific brief.
News Coverage:
ABC News - “How a trip home on Qantas left disability advocate Akii Ngo stranded with a broken wheelchair”. Disability advocate Akii Ngo was left ‘100 per cent housebound’ and stripped of their independence after Qantas severely damaged their customised wheelchair during a flight home. By: Zoe Simmons | 16 Sep 2023 - Read the article here.
ABC News - “Teacher seeks reimbursement from Virgin Australia over broken wheelchair, ongoing costs”. A Victorian school teacher’s electric wheelchair was returned in pieces after a Virgin Australia flight to Brisbane, leaving her dependent on others for mobility and facing over $8,000 in rental costs. By: Daniel Miles | 31 Oct 2023 - Read the article here.
Yahoo!News - “Qantas passenger hits out over hidden travel frustration for thousands of Aussies: ‘So common’”. Disability advocate Zoe Simmons called for systemic reforms to how Australian airlines handle mobility aids after Qantas damaged her wheelchair for the third time. By: Joe Attanasio | 4 June 2025 - Read the article here.
Guardian - “Australia’s airlines and airports urged to improve treatment of travellers with disabilities”. The chair of Australia’s disability royal commission urged airline and airport executives to rectify systemic failures after hearing distressing reports of travellers with disabilities being subjected to discrimination and the frequent damage of essential mobility aids. By: Elias Visontay | 3 Feb 2023 - Read the article here.
Where to go to learn more:
(2023) Guidance on the Transport of Mobility Aids | International Air Transport Association - This guidance was created with support from a wide range of stakeholders and articulated current issues with the transport of mobility aids in the aviation industry. It recommended that mobility aids should be distinguished from baggage on commercial flights. View the guidance here.
(2022) Workshops find people with disability an afterthought in domestic air travel | Disability Royal Commission - This media release was created from workshops run by the Disability Royal Commission engagement team. It articulated how people with disabilities had experienced significant discrimination in the aviation industry and struggled to use air travel due to a lack of accessible flight options. Read the media release here.
(2024) Aviation White Paper: Towards 2050 | Australian Government - This paper outlined the Australian Government's plans to introduce new aviation-specific disability standards and provide clarification of airport and airline roles. View the paper here.
(2024) Aviation accessibility: Developing Aviation-specific Disability Standards | Australian Government - This webpage outlined the Australian Government’s proposal to introduce aviation-specific disability standards, including requirements for staff training, accessible information, and coordinated assistance between airlines and airports. It also detailed the co-design process with people with disability and the legislative pathway for implementing the standards. View the article here.
(n.d.) Disability Access Facilitation Plans (DAFPs) | Australian Government - This webpage outlined areas to address and recommendations for collaboration with disability organisations, providing a practical framework for how airlines and airports can develop and implement their own DAFPs. View the webpage here.
Disability Standards for Accessible Public Transport 2002 (Cth) - Read the Standards here.
Human Perspective:
Daniel uses an electric wheelchair following a spinal cord injury that left him unable to walk. His wheelchair is custom-built to support his posture and mobility, allowing him to work, travel, and live independently. When Daniel flies, however, he is required to hand over his wheelchair at the gate, where it is treated like ordinary baggage and loaded into the cargo hold with other luggage. On one trip, Daniel arrived at his destination to find that his wheelchair had been badly damaged during handling. The seating support had been bent, and the control system no longer worked properly. Without his customised chair, Daniel had to rely on a temporary wheelchair provided by the airline, which did not fit his body properly. Over the following days, the poorly fitted chair caused Daniel significant discomfort and skin irritation from prolonged sitting without proper support. He had to cut his trip short and seek medical care when he returned home. While waiting for his wheelchair to be repaired, Daniel was housebound for over 2 weeks and reliant on additional care and support for his day-to-day living. This led to feelings of isolation and helplessness. The incident also created unexpected financial strain, with repair costs, medical appointments, and time away from work adding to the impact. Daniel struggled to get compensation from the airline and ended up paying for all associated medical and care expenses out of pocket. For Daniel, his wheelchair is not luggage; it is essential equipment that protects his health and independence.
To protect the anonymity of those involved, this is a fictionalised account drawn from an amalgamation of real-life stories, experiences and testimonials gathered during the research process for this brief. Any resemblance to actual individuals is purely coincidental.
Conflict of interest/acknowledgment statement:
Gearing, S. (2026). Chat regarding Distinguish Disability Aids from Baggage on Commercial Flights [Video interview with CEO, Physical Disability Australia], on 30/04/26.
Abid, S., Cramer, L., & Grace, C. (2026). Chat regarding Distinguish Disability Aids from Baggage on Commercial Flights [Video interview with Systemic Advocate, Kin Advocacy], on 29/04/26.
Support
If your organisation would like to add your support to this paper or suggest amendments, please email Info@foreaustralia.com.
Disclaimers
Please review all FORE disclaimers here.
Reference list:
Australian Federation of Disability Organisations. (2025). Proposed aviation consumer protection framework: Part 2 – Submission to the Department of Infrastructure, Transport, Regional Development, Communications, Sports and the Arts. https://afdo.org.au/wp-content/uploads/2025/11/DITRDCSA_AVIATION_CONSUMER-PROTECTION_CONSULTATION_PART-2_SECONDARY-LEGISLATION_AS-SUBMITTED.docx
Australian Bureau of Statistics. (2022). Disability, Ageing and Carers, Australia: Summary of Findings. https://www.abs.gov.au/statistics/health/disability/disability-ageing-and-carers-australia-summary-findings/latest-release
Browne, C. (2025, June 17). Qantas passenger speaks out after airline damages her wheelchair multiple times. Yahoo News. https://au.news.yahoo.com/qantas-passenger-speaks-airline-damages-023117186.html
Civil Aviation (Carriers’ Liability) Act 1959 (Cth).
Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts. (2026). Disability Access Facilitation Plans. Australian Government. https://www.infrastructure.gov.au/infrastructure-transport-vehicles/aviation/aviation-accessibility/dafp
Department of Infrastructure, Transport, Regional Development, Communications and the Arts. (2023). Aviation White Paper: Towards 2050 [White paper]. Australian Government. https://www.infrastructure.gov.au/sites/default/files/documents/awp-aviation-white-paper.pdf
Department of Infrastructure and Regional Development. (2017). Carriage of Mobility Aids: Guidance Material for Passengers. Australian Government. https://www.infrastructure.gov.au/sites/default/files/migrated/aviation/aaf/files/aaf_carriage_of_mobility_aids_for_passengers_20170109.pdf
Disability Discrimination Act 1992 (Cth).
Disability Standards for Accessible Public Transport 2002 (Cth).
Dudney, H. R., Sharma, Y., Comeau, É., Osman, H., Ghulam, Z., Dayyani, F., Ross, T., & Dutta, T. (2026). Describing experiences of wheelchair and mobility scooter damage, loss, and delays during air travel: An international survey of people with disabilities. Journal of Air Transport Management, 135. https://doi.org/10.1016/j.jairtraman.2026.102998
Garcia, L. (2025, June 5). Disability advocate exposes airline blunders damaging mobility aids on every flight. YourLifeChoices. https://www.yourlifechoices.com.au/travel/disability-advocate-exposes-airline-blunders-damaging-mobility-aids-on-every-flight/
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Justice and Equity Centre. (2025, March 7). Submission: Aviation Customer Rights Charter – Consultation Paper. https://jec.org.au/wp-content/uploads/jec-publications/14386/25.03.07-Submission-to-Aviation-Customer-Rights-Charter.pdf
KIN Disability Advocacy. (2023). Kin Advocacy Access to Australian Air Travel for People with Disabilities Green Paper submission [Green paper]. https://www.infrastructure.gov.au/sites/default/files/documents/agp2023-submission-c07-kin-disability-advocacy.pdf
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Public Interest Advocacy Centre. (2023, November 30). Submission to the Aviation Green Paper. https://jec.org.au/wp-content/uploads/jec-publications/14120/PIAC-Submission-to-Aviation-Green-Paper.pdf
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