New laws to tackle Australia’s aviation complaints process

By Andrew Curran.

The Australian Government is seeking to appease the aviation industry and passengers with new laws that will seek to streamline the consumer complaints process while not over-burdening the industry.

The package of bills presented to the Australian Parliament will, among other things, establish a new Aviation Consumer Ombudsperson, set up an Aviation Consumer Protections Charter, legislate for an Aviation Consumer Protection Authority, and establish an independent Aircraft Noise Ombudsperson.

"The war in the Middle East has highlighted how travellers can experience disruption and uncertainty domestically, and how important it is for them to have increased protections when they fly and a clear understanding of what they are entitled to,” said Federal Transport Minister Catherine King.

The legislation follows a formal consultation period that encouraged submissions from the travelling public and other interested parties.

Australian consumer groups have been pushing for an EU-style compensation scheme covering the aviation industry, but the airlines said that would cost too much and simply force up air fares. Airports were also concerned about their potential liability.

The government’s proposed laws will try to strike a balance.

“While airline performance, including on-time performance, has improved since the Covid-19 pandemic, there is still a broader need to better protect aviation consumers,” said King.

No EU-style compensation regime for Australia

The government’s response, as is often their way, is to go down the bureaucracy avenue, rather than outline any defined punitive measures.

In this vein, the new Aviation Consumer Ombudsperson will be an independent body working with travellers, airlines and airports to resolve complaints.

The Aviation Consumer Protections Charter will set minimum standards expected from airline and airport services for aviation consumers. The Aviation Consumer Protection Authority will enforce and ensure compliance with those standards.

The independent Aircraft Noise Ombudsperson will review the handling of aircraft noise complaints managed by Airservices Australia and the Department of Defence.

Similar type of agencies and bodies covering different industries have a mixed track record in Australia.

While the legislation provides a much-needed structure for a formal complaints process, airlines are off the hook for delays and cancellations within their own control.

Better than nothing says CHOICE

But Australian consumer advocacy group CHOICE, which wanted a compensation scheme, says an independent travel ombuds scheme with the power to handle complaints and make binding determinations “could not come soon enough.”

“The COVID-19 pandemic exposed significant flaws in aviation consumer protections. Consumers struggled to obtain satisfactory outcomes when flights didn’t go to plan, and were routinely given the run-around by many airlines,” said Andy Kelly, Director of Campaigns at CHOICE.

The Australian Airports Association (AAA) campaigned to exclude smaller airports from the proposed Aviation Industry Ombudsperson Scheme and welcomed King’s decision to exclude airports with fewer than one million passengers per year.

CEO Simon Westaway said applying the scheme to all airports would have placed an unfair burden on smaller and regional operators.

“This tailored approach reflects the strong and consistent case put forward by the AAA, including a policy position we developed and maintained throughout the consultation process to ensure the framework recognises the realities of regional aviation,” he said.

The AAA notes that most complaints across the aviation system relate to issues beyond an airport’s control, such as flight delays, cancellations and refunds.

The Australian Government introduced the new aviation consumer protection legislation to Parliament on April 1.

The government intends to have the laws passed and enacted, along with the various agencies and bodies set up, before the end of 2026.

Photo: AI-Generated.

Contact the writer: andrew@aerosouthpacific.com