Currently No Provision In Australia To Compensate Those Involved in Aviation Accidents For Psychological Trauma

An independent Senator in the Australian Parliament has introduced a bill that would allow persons who survive an aviation accident to be compensated for psychological trauma, or PTSD.

In 2009, Australia became a signatory to the Montreal Convention, which allows for compensation for death or bodily injury in an aviation accident, but not Post Traumatic Stress Disorder. In 2013, that country changed its law to match the Montreal Convention.

Senator Nick Xenophon proposed a change in the law following an accident in which an CareFlight medical aircraft was forced to ditch in the sea on a stormy night. All six people survived the ditching, as well as 90 minutes in the water with not enough life jackets for everyone on board, but nurse Karen Casey claims to suffer from PTSD from the accident, a claim her family substantiates.

The Australian Broadcasting Corporation  reports that while the accident occurred in 2009, before the law was changed, Australian authorities say she is not entitled to compensation for her mental distress. Senator Xenophon says he hopes to have the law changed back to pre-2013 standards to make such compensation available. "I hope that Karen can come with me to see MPs, and I want those MPs to look her in the eye and say we're not going to change the law back to what it was," he said. The case and the legislation was highlighted on the ABC program "Four Corners: Ditched" on Australian television Monday night.

FMI: www.aph.gov.au