When Jeff Kennett presented Coles boss John Durkan with a demand for a compensation payment of more than $1 million to a mistreated supplier the reaction was telling.
"What he said to me was 'have we given this person enough?' " Mr Kennett told Fairfax Media.
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Mr Kennett made the demand – the biggest in dollar terms – in his role as an independent arbiter in disputes between Coles and its suppliers and he says the response from Mr Durkan shows how much the supermarket chain's culture has changed since he was appointed in 2014.
And for Mr Kennett this experience highlights where the federal government has got its response to poor behaviour from the banks and other financial services providers so very wrong.
He said the government decision to walk away from the establishment of a banking tribunal in favour of a revamped ombudsman system was both confusing for voters, who thought the government was going to set one up, and the wrong decision overall.
The tribunal proposal sprang out of the parliament inquiry the government established into the banks as it sought to stave off calls for a royal commission. After initially backing the idea, Mr Turnbull then backed away in the wake of yet another review's interim report which advocated a move away from tribunal structures.
"This is confusing, unnecessarily confusing. Whether it is a broken promise is immaterial, it is confusing to the electorate as we were promised a tribunal," he said.
"The public want certainty. The lesson of New Zealand and John Key is even when he was making tough decisions he advocated for this position and then enacted it."
![Jeff Kennett says the government has confused voters.](/web/20161208021823im_/http://www.theage.com.au/content/dam/images/g/q/1/f/m/o/image.related.articleLeadwide.620x349.gt5khy.png/1481098176991.jpg)
Mr Kennett said the new bodies being proposed by the government appeared overly bureaucratic and would not likely resolve the issues of complexity and delay that beset the current system.
Instead a model similar to that at Coles should be broadened out and be based on "common sense", he said.
"It would be good PR for the banks, good PR for the government and a good outcome from the complainant," he said.
Mr Kennett said he had dealt with more than 300 cases in his role handing out millions of dollars.
One of the crucial ingredients was to make the finding binding on Coles but not the supplier so that the complainant could take action elsewhere if it desired, he said.
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