Australian passengers are expected to benefit from an ‘aviation customer rights charter’ to be announced by the federal government this week. The Sydney Morning Herald reports that Transport Minister Catherine King will also appoint an independent ombudsman. In other Australian agencies such as the Australian Financial Complaints Authority (AFCA), an ombudsman is ‘an independent person who investigates and resolves complaints between parties. An ombudsman is fair and impartial when considering complaints.’
In setting out the need for the customer rights charter, Kind has stated: “Too many Australians have been left out to dry when flights are canceled or disrupted and it’s impossibly complex to get a refund or even contact a company representative. Customers deserve to get their money back if they are owed it. Full stop. It’s time to take strong action to protect consumer rights with an Aviation Industry Ombuds Scheme and charter of customer rights.”
The Aviation Industry Ombuds Scheme and Charter of Customer Rights would supersede the current body associated with unresolved passenger complaints, the Airline Customer Advocate (ACA). The ACA has been fully funded by Jetstar, Qantas, and Virgin Australia and promotes itself as ‘a free and independent service.’ As a body, the ACA only accepted passenger complaints that have already been submitted to the respective airlines and there has been no response or the complainant is seeking a review of the response received.
The ACA’s annual report for 2023 identified ‘Refund Requests’ as the number one complaint (38 percent of eligible complaints received) overall and number one for passengers dealing with Qantas and Rex Airlines, currently in voluntary administration. Flight delays or cancellations were second overall (35 percent) and the number one source of complaints for Jetstar and Virgin Australia passengers.
Baggage services (8 percent), Fees or charges (5 percent), and complaints related to loyalty/frequent flyer programs (3 percent) rounded out the top five of the fifteen categories eligible to be considered by the ACA.
Under the government’s proposed new charter, airlines are expected to provide details on why flights are delayed and/or cancelled. According to the Sydney Morning Herald, the ombudsman ‘will be able to request additional information about specific flights and will have the power to refer for legal action instances of misconduct under competition law.’
Passengers with disabilities will also have a greater focus within the customer rights charter. “People with disability continue to encounter inaccessible facilities and services at airports and face unhelpful practices and systems adopted by airlines, with evidence to this effect heard throughout the Disability Royal Commission,” said Social Services Minister Amanda Rishworth. “They have a right to fair treatment and to compensation when their essential equipment is damaged or destroyed.”
Full implementation of the ‘aviation customer rights charter’ and the role of ombudsman is expected in 2026.
