Rail Incident - Auspost Not Providing Compensation

On 31 December 2023, there was a rail incident that impacted Australia Post services: Level crossing collision between freight train 7SP5 and a truck at the Barrier Highway level crossing near Cutana, South Australia, 31 December 2023

I sent a package from QLD to WA that somebody purchased on eBay for $200. I received a call from Auspost today saying the package can't be recovered, and they aren't liable for any compensation (not even the basic $100 cover).

Australia Post is not providing any compensation to either sender or receiver for the loss of items in the train crash as it is considered outside their control. Australia Post is not obligated to provide compensation under Australian Consumer Law for this type of accident. They did offer a goodwill compensation for the postage, which you have received.

Their "compensation offer" was for the postage price of $10.60.

It seems they won't even compensate people who purchased extra cover over $100: Compensation

Extra Cover payment or compensation is not available for loss or damage to any items you’ve sent with us where damage was not caused or contributed to by Australia Post.

I would argue that the damage WAS contributed to by them as it was inside their network and they chose the rail service to send it on.

I need to refund a customer $200 for their purchase. What am I to do? Cheers.

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Comments

    • Its similar to the negs on the TID deals where past customers said their claims were denied due to natural disaster affecting their mode of transport which affected their travel. It seems unless the natural disaster directly affects you they won't cover you, but that's usually not the case, a cyclone will not blow you away or earthquake will not suck you in, it will affect public or private infrastructure which affects the train or airline companies, which in turn affects you. That's how they wriggle out of it, the more links in the chain, they tell you to claim from them.

    • +1

      Indeed. Australia Post seem to be saying they'll cover your package getting lost or damaged, but not damaged in an accident. A single accident cannot be force majeure as it's entirely plausible that a freight train will have an accident. Now if a meteorite hit the train? That would be force majeure.

  • +1

    Threaten to take them to whatever tribunal is applicable to your state ie VCAT.
    I had a dealing with AusPost a few years ago where they dumped an expensive GPS on my doorstep that required a signature or it was to be taken to the post office.
    I was at work at the time and got a notification of the delivery, but when I got home it was nowhere.
    I argued with AusPost for a couple of weeks as they refused compensation until finally I threatened to take them to VCAT and they buckled and provided me with full compensation.
    Don't take no for an answer from them, they need to be accountable.

  • +2

    Auspost is a fkn joke

  • +3

    Dave it looks like you got fisted by Ahmed the CEO

  • +1

    Very sorry to hear this OP. I have had a number of aggrieved clients stating slow or non delivery on items I have sent from (Adelaide) - more than normal all shortly before this incident ….. I'm now wondering if some (many) of these items were caught up in this debacle….

  • This is why I've never purchased insurance with Auspost. They'll never pay it out. I just go with signature on delivery for the pricier items and hope for the best.

  • Auspost should have made the compensation simpler. As long as parcels in their care and not delivered yet, if lost or damage, customers should be compensated. Sellers who sell items with their service will have no choice to refund buyers for non receiving parcels.

  • +3

    UPDATE:

    I received a call from the Ombudsman. She basically said Auspost aren't liable for any compensation for this incident, regardless of purchasing extra cover or not, as they are not at fault.

    Pretty much what I expected.

    • Most ridiculous thing I've ever heard - this is ACA worthy! So what's the next step - claim against the train company?

      • I cbf anymore, will just leave it.

  • Crazy that Aus Post doesn't have insurance or something to cover this and the packages?

    Also, sad incident as I just read that two train workers died in this incident. Truck driver charged.

    https://www.9news.com.au/national/bindarrah-train-truck-coll…

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