Reclassification Requests and Review Requests
The purpose of these Procedures is to ensure procedural fairness in our handling of Complaints.
We must receive, classify, and escalate Complaints in accordance with TIO Complaint Handling Procedures - Classification and Escalation.
When a provider has information that shows a Complaint has not been classified or escalated in accordance with TIO Complaint Handling Procedures, it can submit a Reclassification Request to have the Complaint reclassified.
Decisions made by the Ombudsman or Deputy Ombudsman are not subject to review. Otherwise, a provider can ask for a review of a TIO decision to decline a Reclassification Request.
Decisions are reviewed by an independent Review team.
1.0 Making a Reclassification Request
Reasons for reclassification are:
- the matter is out of our jurisdiction
- the matter was resolved before we registered or escalated a Complaint
- the Complaint has been registered in the provider’s name incorrectly
- the same Complaint has been registered more than once, or
- there has been a procedural error:
- the Complaint was escalated for non-response when a response had been received
- the Complaint was escalated for non-response within the standard timeframe, but a public holiday had not been taken into account
- the provider was not given a chance to consider the matter before the consumer came to the TIO, and we classified the matter as a Level 1 Complaint instead of an Enquiry or Enquiry (Referral)
- we did not advise the provider in writing of a conciliation or investigation.
The Reclassification Request must be made using the Reclassification Request online form. Providers are encouraged to make Requests as soon as practicable after becoming aware of the classification or escalation decision.
If a provider makes a Reclassification Request verbally or through other ways, we will ask the provider to make the Request using the Reclassification Request online form. No action will be taken on a Reclassification Request unless it is made using the Reclassification Request online form.
The provider must provide all relevant evidence to support its Request when the provider makes this Request.
2.0 Response timeframes
We aim to assess a Reclassification Request within 15 business days.
If a Reclassification Request is complex, we may need more time to undertake an assessment. In this case we will regularly update the provider about the progress of the assessment.
3.0 Assessment of Reclassification Requests
A Reclassification Request will be referred to an appropriate TIO Officer.
The TIO Officer may ask the consumer and provider for more information to fully assess the Reclassification Request.
When, after assessment, we are of the view the Complaint is not correctly classified, we will reclassify the Complaint.
When the TIO Officer makes a decision about a Reclassification Request, he or she will inform the provider and explain the decision.
When a decision about a Reclassification Request will affect the consumer, a TIO Officer will contact the consumer and explain the decision.
4.0 Review Requests
A provider may request a review of a Reclassification Request decision. Such a Review Request must be in writing, and the provider should give substantive reasons why it believes the decision is wrong, or why the Complaint should be reclassified. The provider must provide all relevant evidence to support its Review Request.
Reviews are conducted by the Review team and take approximately 15 business days. Review timeframes are indicative only, and more time may be needed depending on the complexity of the Complaint.
Reviews will be assessed with reference to all information about the Complaint that we have at the time of the Review.
The Review team may ask the consumer and provider for more information if it is needed to assess the Review Request.
When, after assessment, the Review team takes the view that the Complaint has not been correctly classified, the Complaint will be reclassified appropriately.
When the Review team makes a decision about a Review Request, the Review team will write to the provider and explain the decision.
When a decision about a Review Request will affect the consumer, the Review team will contact the consumer and explain the decision.
Once the Review team has made a decision, the provider generally has no further avenue within the TIO to seek a reconsideration of the Complaint classification.
5.0 Complaint handling during assessment of a Reclassification Request or Review Request
We will generally not suspend handling a Complaint on the basis of a Reclassification Request or Review Request. We require the provider to continue to participate in the resolution process, including by providing all responses and evidence requested, stopping credit management of disputed amounts, and responding to the consumer’s claims or concerns, especially if there appears to be any ongoing detriment to the consumer.
If we decide to suspend handling a Complaint while the TIO Officer assesses the Reclassification Request or a Reclassification Review is conducted, the provider must stop credit management of disputed amounts until advised by us.
6.0 Payment of TIO invoices during assessment of a Reclassification Request or Review Request
We require payment of all TIO invoices, consistent with the provider’s legal obligations under the TIO Company Constitution, irrespective of whether the provider is waiting for a decision on a Reclassification Request or a Review Request.
We require providers to pay invoices within 30 days of receipt.
When a Reclassification Request or Review Request is approved and a corresponding charge has already been invoiced, a later invoice will include a credit adjustment to reflect the adjusted classification.
Effective Date: 5 July 2010
Updated on: 14 June 2016