General FAQs
Q: What is the TIO's role?
A: The TIO is an independent body that investigates complaints
from small business and residential customers about telephone, mobile
& internet services (or we could use one of the many definitions
in our brochures)
Q: Do I have to be a TIO Member?
A: Yes. If you provide or resell telephone, mobile or internet
services to small business or residential customer, you are required
by law (Telecommunications Consumer Protection and Service Standards
Act 1999 (the Act)) to be a member of the TIO Scheme.
Q: Do I have to participate in the TIO’s processes?
A: Yes. The Act requires members of the TIO to comply with
the scheme. The TIO’s jurisdiction is set out in the TIO’s
constitution.
Q: What would happen if I chose not to participate in the
resolution process?
A: The TIO practices alternative dispute resolution. The
focus of TIO investigations is not to attribute blame, but to resolve
a complaint in a fair and reasonable manner. The TIO charges for
the time and resources spent in resolving the complaint. If a member
were not charged for complaints that were resolved in its favour,
this may shift the focus from resolving a complaint to each party
defending their position to protect their own self-interest.
It is worth noting that the TIO does not charge any annual or membership
fees. The TIO only charges a member when that member has a complaint
raised against it. Prior to taking up a complaint, the TIO ensure
that the member has first had the chance to resolve the complaint.
In addition, the TIO does not charge providers for their first 4
level 1 complaints and first level 2 complaint each quarter.
The TIO also has the ability to decline to investigate if it is
evident that the complaint is frivolous or vexatious.
Q: Can I charge a complainant for time invested in resolving
the complaint?
A: No. The Act states that an end user is not liable to
pay any fee or charge to the member for complaints made to the TIO.
Q: Is the TIO able to investigate a complaint if matter
has been referred to a Court, Tribunal?
A: The TIO will not investigate a complaint that has been
referred to a Court or a Tribunal. However, in some instances, the
TIO may require proof from the member that the complainant has been
summonsed to attend Court and a Court hearing date has been set.
If the complaint is being investigated by another agency, such as
a State Fair Trading Office, the TIO will decline to investigate
a complaint.
Q: Why doesn’t the TIO contact the member for its
view on the complaint before it registers a complaint
A: The TIO is an office of last resort and before it will
consider a complaint, the complainant must have attempted to resolve
his/her complaint directly with the member. For this reason, the
member should already aware of the complaint and taken steps to
resolve the complaint.
If the complainant states that their attempts to resolve a complaint
have been unsuccessful, the TIO will register a Level 1 complaint
against the member. A Level 1 complaint gives the member further
opportunity to resolve the complaint directly with the complainant.
Although there are some exceptions, if the TIO is required to contact
a member for its views on a complaint, this will usually be done
at Level 2.
Q: Why does the TIO upgrade complaints?
A: Please see case escalation guidelines: TIO
Complaint Classification and Escalation Guidelines
Last updated: 28 November 2005
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