Preface

The TIO's position statements introduce particular types of complaints received by the Ombudsman's Office, and provide guidelines about the TIO's approach to the investigation and resolution of these complaints, including - where appropriate - the sorts of documentation it seeks to obtain, the factors it considers in the course of any investigation, and the TIO's view as to what constitutes a fair and reasonable outcome in a particular set of circumstances.

It should be assumed that, for each type of complaint listed, the TIO will follow its normal complaint handling procedures, as outlined in Part B of this document, particularly in relation to the referral of complaints back to the Member in the first instance, its decision-making process, and the TIO's emphasis on achieving resolution through conciliation.

These position statements are intended to provide guidance to the TIO's approach to certain types of complaints. It is important to note, however, that the TIO is not bound by previous decisions and that similar complaints may therefore not always be handled in the manner described. The TIO remains flexible in its approach to complaints and will ultimately consider each case on its own particular merits. In this light, in the absence of specific complaints the TIO does not provide any type of advance position statement or advisory opinion, either to members or complainants.

Finally, it should be noted that the position statements may change from time to time to reflect variations in the TIO's approach. These variations may arise as result of changes in the telecommunications industry, including changes to industry codes and the regulatory regime, or as a result of the TIO's experience in handling a particular matter. Any changes in the TIO's position will not be applied retrospectively to alter previous decisions affecting individual complaint outcomes.

These position statements are published subject to further discussion by Council and other interested stakeholders.

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