Member FAQs

Q: Why did the TIO develop and publish Position Statements?
A: The TIO received feedback from Members and consumers that its investigative and decision-making process appeared to be neither consistent nor transparent. The TIO initially developed and published Position Statements to address these concerns.

Q: When did the TIO first publish Position Statements?
A: The TIO published its Position Statements after 30 June 2002.

Q: Who approves Position Statements?
A: The Ombudsman personally approves and signs off the TIO’s Position Statements.

Q: Why should I consider the TIO’s Position Statements at all?
A: While Members are under no legal obligation to consider the TIO’s Position Statements when resolving complaints, Members should be aware that the TIO uses Position Statements as a guide to investigating, assessing and formulating preliminary views/binding decisions in relation to complaints.

Q: What if I don’t believe a Position Statement is relevant in this particular complaint?
A: The ultimate aim of investigating a complaint is to resolve it. If you believe that a Position Statement is not relevant to a particular complaint, you can explain why the facts of the complaint lead you to propose a resolution not covered by that Position Statement.

This is different from requesting a change to a position statement by following the formal feedback process outlined in the TIO’s Fact Sheet on Position Statements.

Q: Why didn’t the IO consider and refer to a Position Statement in this complaint?
A: The TIO strives to have regard to Position Statements wherever appropriate, in order to maintain a consistency of approach.

It is quite possible that an Investigations Officer (IO) might have considered a Position Statement but decided it did not apply to the particular set of circumstances in the complaint. This said, it is also possible for IOs to make errors of judgement and/or simply forget to consider a Position Statement.

In all complaints, regardless of the reason for the TIO not considering or referring to a Position Statement, Members are encouraged to consider the possibility that one or several Position Statements may apply to the circumstances of the complaint.

Q: Can Position Statements be used to set precedents?
A: No. The TIO does not use Position Statements to set precedents because it always has regard to the individual circumstances of any given complaint. Position Statements exist to provide consistency of approach to investigation and outcomes, but the circumstances of any given complaint will determine the particular application of the Position Statement.

Q: Can the TIO refer to a Position Statement when investigating a complaint, if the complaint events pre-date the Position Statement?
A: The TIO may consider a Position Statement that post-dates complaint events as a means of working towards an agreed resolution. In the process, the TIO would have regard to the content of the Statement and the actions of the provider at the time the events(s) occurred.

If the Position Statement specifically sets out the TIO’s view as to how a provider should act when particular circumstances arise, it would not be reasonable for the TIO to apply that part of the statement to actions pre-dating the publication of the Position Statement. In other words, where the Position Statement could be seen to function as a guide to approaching and resolving particular circumstances, the TIO would not expect retrospective awareness of such guiding material.

Page created: 25 November 2005
Last updated: 25 November 2005