Aviation white paper unveils new watchdog to keep airlines flying straight

Work will begin immediately to draft a “charter of rights” for airline customers who often struggle to have their complaints resolved.

Airline passengers will have further protections under sweeping changes that aim to crack down on airlines and bolster customer rights.

Among the wide-ranging policies in the federal government’s aviation whitepaper, released on Monday, are “ombuds schemes” for aircraft noise and passenger protections, the latter of which aims to address the shortcomings of the “ineffective” Airline Customer Association.

The government will set up the Aviation Industry Ombuds Scheme with powers to compel airlines and airports to resolve customer complaints and report on their conduct.

“The government is establishing an independent ombudsman scheme and a charter of customer rights outlining the fair and appropriate treatment of customers and what airlines must do in the event flights are cancelled or delayed,” Transport Minister Catherine King told reporters on Monday.

“It will also deliver a fairer deal for travellers who have a disability. Creating new aviation specific disability standards and reviewing industry compliance with those standards as well as requiring airlines and airports to coordinate their actions assisting people with a disability over air passenger journey.”

The federal government is poised to unveil its plan to bolster passengers’ rights. Picture: NewsWire / Sarah Marshall

The white paper stated that airlines will need to “show cause” for delays and cancellations.

Ms King said that while there are things beyond the control of carriers, it was important they were “transparent”.

“So, last night, I was delayed getting out of Melbourne because of a significant weather event,” she said, offering her experience as an example of a reasonable delay.

“But if it is because there has been overbooking, or there is something that has occurred that is not reasonable ... it will be up to airlines to explain that.”

The charter of customer rights will outline when passengers are entitled to a cash refund for cancelled or delayed flights, among other resolution-related things.

Speaking to the ABC earlier, Ms King said the government would will get to work setting up the new airline ombudsman immediately while parliament considers the relevant legislation.

“We know customers of airlines and airports have struggled to enforce their rights under Australian Consumer Law and this sets up a new independent ombudsman scheme to establish a charter of rights,” Ms King told the national broadcaster.

“What has been happening for people is they have struggled to actually get anyone, often (spending) hours on phones trying to struggle to understand what it is they are entitled to and the ombudsman scheme allows that independent ... complaints mechanism and it sets out clearly what the expectations are for the conduct of airlines and airports when it comes to customer rights.”

The new watchdog will have powers to dish out and enforce penalties on both domestic and international airlines.

Though, when asked what enforcement on international airlines would look like, the transport minister said that would be fleshed out in a consultation paper.

The government will not wait for parliament to pass its airline ombudsman legislation before getting to work on a ‘charter of rights’ for passengers. Picture: NewsWire / Gaye Gerard

The Transport Workers Union welcomed the white paper, but said it was “crucial no additional pressure” was pushed onto a workforce that was already “under the pump”.

“This White Paper tell us two key things. Firstly, it recognises the need for Federal Government intervention into a deregulated, privatised industry which collapsed under the Morrison approach to ‘leave it to the market’, while pumping in billions of no-strings taxpayer cash,” TWU National Assistant Secretary Emily McMillan said.

“Secondly, it demonstrates the urgency for an independent Safe and Secure Skies Commission to be established, to ensure aviation initiatives are backed up by a secure, experienced workforce and binding standards for airline and airport executives.”

Qantas said it also welcomed the Albanese government’s “commitment to delivering long-term policy diretion for the aviation sector.”

“We share the Government’s focus on putting customers and the development of the aviation workforce front and centre,” an airline spokesperson said.

“We’ll take the time to review the detail of the Aviation White Paper and look forward to continuing to engage with the Government about the implementation of the recommendations.”

Though, not everyone was as supportive, with consumer rights advocate Adam Glezer slamming it as “very non-committal”.

Transport Minister Cathering King says customers often ‘spend hours on phones’ trying to get help. Picture: NewsWire / Jono Searle

“Having an ombudsman replace the [ACA] is a step in the right direction. However, it appears that they will enforce current laws under the [Australian Consumer Law] which are overly complex and brittle at best,” he said.

“Even when it comes to penalties for breaching the ACL, the white paper is very non-committal.”

Apart from “enforcing current laws through having an ombudsman and increased transparency, I struggle to see any significant improvement,” he said.