This section sets out definitions of terms used in the TIO Complaint Handling Procedures. The definitions are to be read in the context of the relevant Procedures.

ACCC: the Australian Competition and Consumer Commission.

ACMA: the Australian Communications and Media Authority.

arbitration: a process in which the parties to a dispute present their points of view and evidence to the Deputy Ombudsman or Ombudsman who makes a binding decision.

Benchmarks: benchmarks for industry based customer dispute resolution schemes, issued by the then Department of Industry, Science and Tourism. The benchmarks are:

• Accessibility
• Independence
• Fairness
• Accountability
• Efficiency, and
• Effectiveness.

business day: unless the context requires otherwise, a clear day excluding a Saturday, a Sunday or a public holiday.

carrier: the holder of a carrier licence under the Telecommunications Act 1997.

case notes: notes that are made by a TIO Officer relating to an Enquiry, Complaint or Objection.

code breach: the view of a TIO Officer that there is a contravention of a clause or clauses of an industry code that has been registered with the ACMA, and over which the TIO has accepted conferral of powers or functions under section 114 of the Telecommunications Act 1997.

consumer: an individual or business, including an end user of a carriage service, a person directly affected by the supply or failure to supply such a service, or an owner or occupier of land on which a carrier has exercised its statutory rights.

Complaint: an expression of grievance or dissatisfaction about a matter within the TIO’s jurisdiction that the Member concerned has had an opportunity to consider. Matters within the TIO’s jurisdiction are set out in the TIO Constitution.

conciliation: a process in which, with the assistance of the TIO, the parties to a matter identify the disputed issues to be resolved and reach a mutually acceptable resolution. This includes shuttle conciliation.

As conciliator, the TIO works to encourage and help both consumers and providers to:

• identify and openly discuss the complaint issues
• consider creative options and alternatives, while having appropriate regard to laws, industry standards and what is fair and reasonable, and
• agree on a resolution.

credit management: the processes by which a Member:

• helps the consumer to manage his or her expenditure on goods and services
• manages credit risk, and
• collects outstanding debt.

determinative resolution: a process that is used when a matter remains unresolved after referral, conciliation or investigation at the appropriate classification level, where the Ombudsman or Deputy Ombudsman may make a binding decision or a recommendation up to the monetary limits outlined in the TIO Constitution. This process involves the evaluation of evidence, assessment of the parties’ respective points of view and the formulation of a decision or recommendation having regard to the law, good industry practice and what is fair and reasonable in the circumstances of each case.

discretion not to investigate, or not to investigate further: the TIO may exercise discretion not to investigate a matter, or not to investigate a matter further, if in its opinion:

• the matter is frivolous or vexatious or was not made in good faith, including where, having regard to the reasonableness of the matter in all the circumstances, it is clear that:
  • the consumer's intention in raising the matter is deemed solely to be of annoyance to the Member and/or the TIO, or
  • the matter is obviously untenable or manifestly groundless

• an investigation, or further investigation, is not warranted, including where:
  • there is little likelihood that sufficient evidence will be available for the TIO to make a judgment about the merits of either party's case
  • evidence presented by the Member clearly supports a view that the matter has no merit, or
  • the TIO considers that a resolution proposed by a Member is fair and reasonable in all the circumstances

• the matter would be better handled by another body, including where the consumer:
  • is seeking the sort of remedies that are more appropriately pursued by a court, or
  • has what appears to be a legitimate Complaint but primarily wants to see a Member’s business practice investigated as a potential breach of the Competition and Consumer Act 2010, in which case the TIO may refer the consumer to the ACCC, or

• the consumer does not have sufficient interest in the matter, including where:
  • the matter is a protest about a Member’s actions or policies, which cannot be demonstrated to be a grievance or dissatisfaction where those actions or policies have affected the consumer as an individual customer of that Member
  • the consumer is not, and does not intend to be, a customer of the Member in question, or
  • the consumer does not have the consent of a customer of the Member to register and pursue the matter on his or her behalf.

 There may be exceptions to the above, for example:

• when the consumer is reporting a service fault on another party’s service, or
• if the matter involves damage to or caused by carrier infrastructure.

disputed amount: a charge or charges making up part or all of a bill or bills, whether received or not, or applied or not, that a consumer claims should not have been charged by the Member.

documentation: hard or soft copy evidence that includes, but is not limited to, the following:

• internet speed test results
• customer system records
• escalated complaint records
• fault reports and technician notes
• call data, including telephone records or bills ordinarily sent to customers, raw call data and SMS transcripts
• copies of
  • contracts and pre-sales advice, whether in written, electronic or audio format
  • advertisements for carriage services
  • terms and conditions of service
• screen shots and web addresses of web pages
• correspondence between parties, including emails
• financial records such as profit and loss statements and bank statements
• documentation to support whereabouts such as school enrolment reports, or letters from employers
• correspondence from and to, and internal records of third party companies such as
  • mobile premium service providers
  • debt collection agencies
  • contractors who do work on cabling, trenching or faults
  • wholesale providers
• written statements from
  • the Member
  • representatives of the Member such as door to door salespeople or staff of retail outlets
  • the consumer and other persons associated with the complaint. 

education for self advocacy: a process in which the consumer is provided with information or knowledge to assist them to negotiate a fair and reasonable resolution directly with a Member.

eligible carriage service provider: a carriage service provider as defined in section 127 of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

Enquiry: a matter that is not classified by the TIO as a Complaint, including where, in the TIO’s view:

• the consumer
  • chooses to remain anonymous
  • does not have sufficient interest in the matter
  • is requesting information only, or
  • is expressing a grievance but has not given the Member an opportunity to consider the matter, or

• the matter
  • is resolved
  • is outside the TIO’s jurisdiction
  • could be raised with another organisation in a better position to resolve it
  • is currently being, or has already been, considered by the ACMA, the ACCC, a court or tribunal, or other body, or
  • is frivolous or vexatious.

evidence: a combination of documentation and verbal statements from the consumer, Member, and other parties.

fair: just, unbiased, equitable, impartial.

financial hardship: a state of disadvantage which results in the consumer not being able to pay bills in a timely manner or as required. Financial hardship can be ongoing or of limited duration, and can be triggered by a variety of factors, including:

• unemployment/partial or full loss of employment
• death in the family
• acute/chronic illness or disability of the consumer or his or her family member
• level of literacy
• family breakdown, or
• natural disasters, accidents or similar events.

investigation: a process in which the parties to a matter provide their points of view and any relevant evidence to the TIO. The TIO may analyse the points of view, evidence or documentation, discuss the relative strengths and weaknesses of the matter, and make a finding or propose a resolution in light of those strengths and weaknesses, having regard to the law, good industry practice and what is fair and reasonable in the circumstances of each case.

Investigation involves some or all of the following:

• review and analysis of the parties’ claims and respective points of view
• collection, review and analysis of documentation from the parties
• requesting specific testing by the Member and provision of test results
• discussions with the Member and the consumer
• requesting information from third parties, for example, wholesale providers, experts or specialists (including legal advice)
• consideration of the law
• consideration of good industry practice including any industry codes
• consideration of TIO Position Statements, and
• consideration of the individual circumstances of the case,

with the aim to achieve a fair and reasonable resolution.

land access activity: land entry, low impact facility or maintenance activity by the carrier.

land entry activity: any of the following activities of the carrier:

• entering on, or inspecting, land for the purposes of determining whether any land is suitable for its purposes
• doing anything on the land that is necessary or desirable for that purpose, including, for example, making surveys, taking levels, sinking bores, taking samples, digging pits and examining the soil
• entering on land for the purposes of surveying or obtaining information in relation to any land that, in the carrier’s opinion, is or may be suitable for its purposes, or
• doing anything on the entered land that is necessary or desirable for that purpose, including, for example, making surveys and taking levels.

low impact facility activity: any of the following activities of the carrier:

• installing a low-impact facility, or
• carrying out an activity for purposes in connection with the installation of a low-impact facility.

maintenance activity: any of the following activities of the carrier:

• maintaining a facility, or
• carrying out an activity for purposes in connection with the maintenance of a facility.

matter: one (or more) issue or concern brought to the TIO by a consumer that may give rise to one (or more) Enquiry, Complaint or Objection.

Member: a carrier or eligible carriage service provider who is a Member of the TIO Scheme.

Member’s resolution department: the area nominated by the Member to receive referral from the TIO of matters raised by consumers with a view to resolution of these matters.

OAIC: the Office of the Australian Information Commissioner.

Objection: a referral to the TIO of an unresolved objection by an Objector to a carrier that plans to undertake land access activity.

Objector: owner or occupier of land on which a carrier plans to undertake land access activity, who makes an Objection.

offer of resolution: an offer made by either party where if it was unconditionally accepted by the other party, the matter would be resolved.

Preliminary View: the TIO’s view on the matter, having regard to the law, good industry practice and what is fair and reasonable in the circumstances, based on the relevant evidence that has been provided, and the TIO’s consideration of the views presented by both parties in support of their respective positions. The Preliminary View also contains the TIO's recommendation for a resolution to the matter.

reasonable: within the limits of reason; not greatly less or more than might be thought likely or appropriate.

Reclassification Request: a Member’s request for the TIO to reconsider a decision about the classification of a Complaint or Objection.

Record: information collected by the TIO about an Enquiry, Complaint, or Objection comprising a combination of hard and soft copy documentation and case notes.

referral: a process in which the parties to a dispute are given the opportunity to resolve the dispute directly with each other with limited involvement from the TIO.

Response: the written assessment of evidence and summary of the TIO’s view of a matter that is sent to the consumer during facilitation or an investigation.

service ID: a form of identification, such as a telephone number, email address, or service address, that a Member can use to identify the consumer, and the service in dispute, within its system.

shuttle conciliation: a process in which the TIO takes a more active role in conciliating a dispute, by open discussion with both parties, and consideration of creative options and alternatives, while having appropriate regard to laws, industry standards and what is fair and reasonable.

Systemic Problem: a problem with or the failure of a system, process or practice of a Member that causes detriment (that is not trivial) to a significant number or a class of end-users of a carriage service and which arises from a Complaint that is within the jurisdiction of the TIO.

TIO: the Office of the Telecommunications Industry Ombudsman or the Ombudsman (as appropriate to the specific context in these Procedures).

TIO Ltd: the Telecommunications Industry Ombudsman Limited, a public company limited by guarantee and not having share capital, established to administer the TIO Scheme.

TIO Scheme: a scheme which provides for the Telecommunications Industry Ombudsman to investigate, make determinations and give directions relating to Complaints about carriage services by consumers.

TIO Position Statement: a public document subject to regular change and review, providing guidance about the TIO’s current approach to the investigation and resolution of particular types of matters.

TIO Release Form: a form that, when signed by the consumer, releases the Member from any further obligation with regard to the Complaint once all directions given in a binding decision have been followed or actioned by the Member.

undisputed amount: any charge or charges that are, in the TIO’s view, legitimate and not disputed by the consumer.

Urgent Complaint: a Complaint where in the TIO’s view, following standard TIO procedure could be detrimental to the consumer. Examples include, but are not limited to, where:  

• there is a delay in connecting a new service, repairing a faulty service or the consumer’s service is about to be disconnected, where the consumer or another person has a serious health or safety issue, or may be put in a position of vulnerability as a result
• there is a safety risk to the consumer or another person, for example as a result of a silent line disclosure or the installation of a temporary cable in a hazardous manner
• the matter is causing or contributing to ongoing financial detriment of the consumer’s business
• the consumer is in a situation of financial hardship following a direct debit in favour of the Member
• the consumer is at risk of loss of finance as a result of a default listing by the Member
• there is a delay in transferring a service from one Member to another, and industry standard timeframes have expired, or
• a landline service cannot be connected until another party’s service is disconnected first, and industry standard timeframes have expired.

vulnerability: a condition where one party, in the view of the TIO, is at risk of serious disadvantage to another party, due to conditions including, but not limited to:

• low or no income
• level of reading, writing and numerical skills
• disability
• serious or chronic illness, including psychiatric illness
• the influence of drugs or alcohol
• homelessness
• relative youth
• old age
• recent institutionalisation or displacement
• residence in a remote area
• an indigenous background
• a non-English speaking background
• relatively recent arrival in Australia, or
• other temporary circumstances, such as bereavement, accident or natural disaster.