New aviation whitepaper boosts consumer rights for airline passengers

Aviation

The federal government’s much anticipated Aviation White Paper has set out a vision for Australia’s aviation sector in the lead up to 2050, delivering traveller wins such as refunds for poor service.

Set to provide an independent dispute resolution and performance monitoring service, the Aviation Industry Ombuds Scheme is the centrepiece of the paper, while the new Charter of Customer Rights will deliver an outline on minimum customer service levels.

Under the framework, airlines will be asked to provide information on why flights were delayed, disrupted or cancelled, with the government set to increase the transparency of airline performance by releasing more data on performance and competition.

“Transparency over the reasons for cancellations and delays will inform consumers’ travel choices and sharpen incentives for the aviation industry and government to address the sources of cancellations and delays within their control,” said the paper.

Customers could be entitled to refunds across all fare types for flights that are disrupted, cancelled or unreasonably delayed, with access to prompt cash refunds rather than travel vouchers.

The paper touches on the issues consumers have faced in previous years due to inadequate service.

“Since the reopening following the COVID-19 pandemic, the aviation sector has not provided the level of service Australians expect and are entitled to. In 2023, one in every 27 domestic flights were cancelled and almost one in three were delayed arriving, noting some improvements in the first half of 2024,” it said.

“When flights are cancelled or delayed, customers have found it too difficult to enforce their consumer rights. Airlines have taken too long to respond to customer inquiries, and the industry-established Airline Customer Advocate has proven ineffective in supporting customers to resolve complaints.”

Speaking on ABC AM, Transport Minister Catherine King said the government is trying to make sure people have a clear pathway to enforce their rights when they’re not delivered with a satisfactory service.

“The bottom line is, if people don’t get the service that they are expecting, then customers deserve to get their money back or they deserve to get an equivalent service. And that’s really not what’s been happening when it comes to the consumer space,” she added.

The new Aviation Industry Ombudsperson will oversee the Charter, handle complaints and publish reports on airline and airport conduct, with the power to refer instances of misconduct to the Australian Competition and Consumer Commission (ACCC).

The paper addresses the treatment of passengers and airport users with disabilities, stating that the government will create new aviation-specific disability standards which will set out responsibilities for airlines and airports.

“People with disability have the legal right to equal access to public air travel. However, submissions to the Aviation White Paper described a range of situations where these rights have not been upheld,” it said.

“People with disability have been left stranded in airports without wheelchairs, have been denied boarding because of their assistance requirements and have been subject to dangerous or humiliating treatment during air travel.”

The new standards will consider ways to stop airlines from limiting the number of passengers who require assistance on a flight, while evaluating how much money people will receive if their wheelchair or mobility device is damaged or lost during domestic transit.

Airlines will be required to offer ‘assistance profiles’ to passengers with disabilities so they can communicate their assistance requirements online in advance.

The paper delivers 56 policy initiatives covering 10 key areas, including a better passenger experience, maximising aviation’s contribution to net zero, connecting regional Australia, and a competitive and efficient aviation sector.

Read the full report here.