Purpose

Introduction

1.0 Education for Self Advocacy

2.0 Referral

3.0 Conciliation at Level 2

4.0 Investigation at Level 3 and 4

5.0 Binding Decisions (Determinations and Directions), and Recommendations

6.0 Outcomes

Purpose

The purpose of these Procedures is to broadly outline the key steps involved in each dispute resolution method used by the TIO to resolve matters in a fair, just, economical, informal and expeditious manner.

The TIO uses a hybrid dispute resolution process that includes the following methods:

• education for self advocacy
• referral
• conciliation
• investigation, and
• determinative resolution

to resolve Complaints or address Enquiries.

The TIO is aware of possible imbalances in power and bargaining positions that may arise between consumers and Members, and seeks to address any imbalance when considering a Complaint or Enquiry.

The TIO encourages the consumer and Member to resolve disputes together, with minimal TIO involvement, by considering each other's points of view and supporting documentation, and to agree on an outcome that is mutually acceptable.

The TIO will become more involved in the resolution process depending on:

• the continuing conduct of the consumer or Member
• the circumstances of the Complaint
• available documentation, and
• the likelihood of a fair and reasonable resolution being achieved without TIO intervention.

The TIO gives the Member the opportunity to offer a resolution at any time during the consideration of a Complaint. The TIO will communicate this offer to the consumer directly, along with any additional information (including any relevant law, good industry practice and TIO Position Statements) that the consumer may need to consider when deciding whether to accept the offer.

At any time the TIO may:

• informally consult with the consumer or the Member with a view to resolving the Complaint
• write to or speak with a consumer or Member to highlight the relative strengths and weaknesses of the Complaint, and encourage resolution in light of those strengths and weaknesses
• where it considers that it has sufficient information and reason to do so, exercise its discretion not to investigate further, or
• where it considers that it has sufficient information and reason to do so, exercise its discretion to refer the matter to another organisation or agency it considers to be a more appropriate avenue of recourse.

At any time during or following the consideration of a Complaint, the Ombudsman or Deputy Ombudsman may issue a written certificate:

• stating that a Member has contravened the Customer Service Guarantee Standard, and
• setting out the particulars of the contravention.

When a Complaint cannot be resolved by referral, conciliation or investigation at the appropriate classification Level, and when there is sufficient information to do so, the Ombudsman or Deputy Ombudsman may make a binding decision or a recommendation, up to the monetary limits outlined in the TIO Constitution.

When requested to do so by both the consumer and the Member, if he or she agrees, the Ombudsman or Deputy Ombudsman may exercise arbitration powers in respect of the Complaint, and make a binding decision over and above any monetary limit in the TIO Constitution.

1.1

When the TIO considers that the consumer ought to be aware of information (including relevant legislative entitlements or standards of good industry practice) to help negotiate a fair and reasonable outcome with the Member, the TIO Officer will give this information to the consumer, or give the consumer the means to find this information.

1.2

When the TIO considers that the consumer ought to be aware of information that can be found by contacting another body, the TIO Officer will give the consumer the means to find this information, and where appropriate, contact that body.

1.3

When the TIO has a Position Statement relevant to the Complaint, the TIO Officer will give the consumer advice in line with the Position Statement. The TIO Officer may also provide the consumer with a copy of the Position Statement, or tell him or her how to access this information.

2.1

When a matter:

• has been classified as an Enquiry because the TIO Officer considers that the consumer has not given the Member an opportunity to consider the matter before contacting the TIO
• may be outside of the TIO’s jurisdiction but the TIO Officer thinks that consideration by the Member could help resolve it, or
• has been classified as a Level 1 Complaint,

the TIO Officer will refer the Enquiry or Complaint to the Member for consideration, and give the Member an opportunity to resolve it directly with the consumer.

2.2

When referring an Enquiry or Complaint, either verbally or in writing, the TIO Officer will generally advise the consumer of the following:

• the role of the TIO and principles of alternative dispute resolution
• the function of the Member’s resolution department
• the TIO reference number
• any restriction in the TIO's jurisdiction that might limit its ability to consider the Enquiry or Complaint, now or in the future
• where appropriate:
  • the TIO's initial assessment of the Enquiry or Complaint on the basis of the information provided by the consumer
  • any relevant TIO Position Statements that may assist with resolution of the matter, and
  • the consumer’s right of Review of any decision made by the TIO Officer
• any credit management issues the consumer ought to be made aware of
• any statutory rights that the consumer may have, and ought to be made aware of, and
• when, if ever, to contact the TIO again in the event that the matter remains unresolved.

2.3.1

When the TIO Officer has classified a matter as an Enquiry because he or she considered that the consumer has not given the Member an opportunity to consider the matter before contacting the TIO, the TIO Officer will refer the consumer to:

• the Member’s customer service area, or
• the Member’s resolution department, if the TIO Officer considers that this may be more effective in assisting with the Enquiry.

2.3.2

When the TIO Officer has classified a matter as an Enquiry because it is not in the TIO’s jurisdiction, but the TIO Officer thinks that consideration by the Member could help resolve it, the TIO Officer may refer the Enquiry to the Member’s resolution department.

2.3.3

When a matter has been received in writing and classified as an Enquiry, the TIO Officer will:

• forward the Enquiry in writing to the Member’s resolution department on behalf of the consumer, if the TIO Officer considers this is appropriate, or
• contact the consumer and provide him or her with contact details for the Member’s customer service area, or Member’s resolution department.

2.3.4

When an Enquiry is referred to the Member the TIO Officer will:

• tell the consumer to raise the matter with the Member
• tell the consumer to allow the Member a reasonable amount of time to resolve the matter, and
• if the TIO Officer considers that the matter is in jurisdiction, invite the consumer to contact the TIO again if he or she thinks that the issue has not been resolved after that time.

2.3.5

When the TIO Officer has classified a matter as an Enquiry because another organisation is in a better position to address the matter, the TIO Officer will refer the consumer to that organisation.

2.4.1

When a matter has been received verbally and classified as a Level 1 Complaint, the TIO Officer will refer the Complaint to the Member’s resolution department.

2.4.2

When a matter has been received in writing, and classified as a Level 1 Complaint, the TIO Officer will:

• forward the Complaint in writing to the Member’s resolution department, on behalf of the consumer, or
• contact the consumer directly and refer him or her to the Member’s resolution department.

2.4.3

When a Complaint has been forwarded to the Member in writing, the TIO Officer will include his or her contact details, and an invitation to the Member to contact the consumer or the TIO Officer to discuss the Complaint.

2.4.4

When a Complaint is classified at Level 1, the TIO may send the Member an automatic email notification containing:

• the consumer’s name
• the service ID of the service in question, if known
• the first Complaint keywords logged in the Complaint Management system, and
• the Complaint notes,

unless the Member has elected not to receive such information.

2.5.1

When the TIO Officer has classified a Complaint directly at Level 2, as well as following standard Level 2 procedure he or she may also refer the consumer to the Member’s resolution department, in the same way as for a Complaint classified at Level 1.

2.6.1

When a consumer contacts the TIO on more than one occasion during a referral, and there is no reason to escalate the Complaint, the TIO Officer will:

• repeat the advice given to the consumer when the Complaint was referred, tailored to the circumstances
• give any new advice that may be relevant, and
• update the Complaint Record.

2.7.1

When the Member contacts the TIO with new information, if there is no reason to escalate the Complaint, for example if:

• relevant referral timeframes have not expired, or
• the consumer has not contacted the TIO to claim that they are dissatisfied with the Member’s response,

the TIO Officer will attach the information to the Complaint Record, but will not assess, form an opinion, or offer advice about the information or its implications on the resolution of the Complaint.

4.1.1

When a Complaint is escalated to Level 3, the TIO Officer will begin an investigation based on the collection and consideration of evidence.

4.1.2

The TIO Officer will notify the Member and consumer in writing that an investigation will be conducted.

4.1.3

The written notification to the Member includes:

• the reason(s) for the escalation of the Complaint
• the TIO’s expectation of a written response from the Member, the relevant timeframe to provide this response, and the consequences of failing to respond within the relevant timeframe
• the documentation required from the Member 
• any interim requirements such as suspension of credit management on the consumer’s account
• the TIO Officer’s assessment of the Complaint issues so far
• identification of the issues still in dispute
• any inconsistencies in the claims of the consumer and the Member
• questions about outstanding issues or inconsistencies that the Member is expected to answer
• any relevant TIO Position Statements, laws or industry codes that may assist with resolution of the Complaint
• any possible breaches of industry codes if the investigation shows the consumer’s claims to be correct
• the TIO Officer’s contact details
• an invitation to the Member to contact the TIO Officer to discuss the Complaint, and
• copies of all correspondence and documentation received from the consumer.

4.1.4

The notification to the consumer includes:

• an outline of the Level 3 process, including relevant timeframes and when the TIO Officer will contact the consumer again
• a copy of the letter sent to the Member, with personal details of company representatives removed
• a copy of any response received from the Member, with personal details of company representatives removed
• any relevant evidence required from the consumer and the timeframe to provide this to the TIO, and
• any relevant advice, for example:
  • statutory rights or legislative entitlements that the consumer may have
  • TIO Position Statements or industry codes that could be relevant
  • expectations the consumer should have about the reasonableness of his or her preferred resolution,
  • instructions to report faults each and every time they occur, and
  • paying undisputed charges.

4.2.1

When the TIO Officer decides to ask for more evidence from the Member without escalating the Complaint to Level 4, the TIO Officer will send a written request including:

• the information the Member is required to provide
• the expected timeframe for the Member to provide the information
• the consequences should the Member not provide the information within the specified timeframe
• the TIO Officer’s contact details, and
• an invitation to the Member to contact the TIO Officer to discuss the Complaint,

tailored to suit the circumstances of the Complaint.

4.3.1

When a Complaint is escalated to Level 4, the TIO Officer will notify the Member and consumer in writing that further investigation will be conducted.

4.3.2

The notification to the Member includes:

• the reason(s) for the escalation of the Complaint
• outstanding questions, issues, undertakings and concerns from the investigation at Level 3 that the Member has not yet addressed or actioned
• evidence requested at Level 3 that has not yet been provided
• the TIO Officer’s assessment of any evidence received so far
• any new evidence required as a result of the evolution of the Complaint
• the relevant timeframe for the Member to formally respond to all questions asked and with all evidence requested
• the TIO Officer’s contact details, and
• an invitation to the Member to contact the TIO Officer to discuss the Complaint.

4.3.3

The notification to the consumer includes:

• an outline of the Level 4 process, including relevant timeframes and when the TIO Officer will contact the consumer again
• a copy of the letter sent to the Member, with personal details of company representatives removed
• a copy of any response received from the Member, with personal details of company representatives removed, and
• any relevant advice, for example:
  • the TIO’s preliminary assessment of the unresolved issues
  • statutory rights or legislative entitlements that the consumer may have
  • TIO Position Statements or industry codes that could be relevant
  • expectations the consumer should have about the reasonableness of his or her preferred resolution,
  • instructions to report faults each and every time they occur, and
  • paying undisputed charges.

4.4.1

When the consumer contacts the TIO before any written response has been received from the Member, the TIO Officer will add any new information the consumer may have about the Complaint to the Complaint Record.

4.4.2

The TIO Officer will advise the consumer:

• of all relevant timeframes, including when the TIO Officer will contact the consumer again
• of alternative dispute resolution principles, the facilitation process and the importance of a non-adversarial attitude
• that the TIO Officer will not form any view of the Complaint or offer advice about the fairness and reasonableness of any offered resolution until the response is received from the Member
• of the consequences for the Member if the response is not received within the relevant timeframes, and
• of any action that the consumer should be taking during the facilitation process, such as reporting faults each and every time they occur, and paying all undisputed amounts.

4.5.1

When the TIO Officer has assessed the written response from the Member, the TIO Officer will contact the consumer to discuss the Complaint.

4.5.2

When the TIO Officer:

• cannot determine that a Member’s offer of resolution is fair and reasonable, or
• determines that a Member’s offer of resolution is not fair and reasonable,

the TIO Officer will explain this to the consumer, offer further investigation if the Complaint meets the criteria for escalation and the consumer remains dissatisfied, and may advise the consumer what a fair and reasonable outcome might be.

4.5.3

When the Member has not provided the TIO Officer with a written response within the relevant timeframe, the TIO Officer may escalate the Complaint without consultation with the consumer.          

4.5.4

When the TIO Officer decides that:

• based on the evidence presented, further investigation is not warranted
• the consumer has accepted the Member’s offer to resolve the Complaint
• the consumer needs time to consider the Member’s offer, or
• he or she cannot make contact with the consumer to discuss the Complaint,

the TIO Officer will send a letter to the consumer, containing the following information:

• a summary of the consumer’s claims, and preferred resolution
• a summary of the Member’s response to the consumer’s claims, if a response has been provided
• an anonymised copy of the written response from the Member, if it has been provided
• the TIO Officer’s current view of the Complaint and the consumer’s preferred resolution
• where the Member has made an offer, the TIO Officer’s assessment of this offer in light of any evidence or additional information (including any relevant law, good industry practice and TIO Position Statements) that the consumer may need to consider when deciding whether to accept the offer
• whether further investigation is possible and if not, why not
• if the TIO Officer has exercised discretion not to investigate further, the reasons for this decision
• an invitation for the consumer to respond to the letter and present any new evidence
• when the TIO Officer will close the Complaint, if no new evidence is presented or no response from the consumer is received
• any consequences of closing the Complaint
• any outstanding matters for the consumer to be aware of
• any other avenues of recourse the consumer may have, and
• the consumer’s right to a review of any decision made by the TIO Officer.

5.1

When a complaint is not resolved and the TIO Officer considers that  there is sufficient reason to make a binding decision or recommendation, he or she will recommend to the Ombudsman or Deputy Ombudsman that a Preliminary View of the decision or recommendation to resolve the Complaint be provided to the consumer and Member in writing.

5.2

The Member and consumer are invited to respond in writing to the Preliminary View within 20 business days, with reasons for their views and any new information they may have.

5.3

When a response from the Member or the consumer is not received within 20 business days, the Ombudsman or Deputy Ombudsman will consider whether a binding decision or recommendation should be made.

5.4

When the TIO Officer receives a response from the consumer and the Member and both parties have agreed with the course of action outlined in the Preliminary View, a binding decision or recommendation will generally not be necessary. The TIO Officer, after consultation with the Ombudsman or Deputy Ombudsman, will document the agreed outcome and provide this to both the consumer and the Member.

5.5

In any other case or where additional information is provided by either party, the TIO Officer will assess this information and make recommendations, including the terms of any binding decision or recommendation, to the Ombudsman or Deputy Ombudsman for final decision.

5.6

When the Ombudsman or Deputy Ombudsman makes a binding decision or recommendation, the TIO Officer will:

• send written notification to the Member and consumer:
  •  explaining the decision or recommendation of the Ombudsman or Deputy Ombudsman
  • advising that the decision is now automatically binding on the Member
  • addressing the relevant information and reasoning that led to the decision or recommendation
• send a TIO Release Form to the consumer requesting that it be signed and returned within 15 business days, and
• explain the consequences of either party accepting or declining the decision or recommendation.

5.7

When the consumer returns the signed TIO Release Form within 15 business days, the TIO Officer will forward the form to the Member.

5.8

When the TIO Officer forwards the signed TIO Release Form, he or she will also provide written notification to the Member which includes the following information advising:

• that the decision is binding on the Member
• that there is a timeframe of 15 business days to follow the course of action outlined in the binding decision or determination, and
• of the consequences should the Member not follow the course of action outlined in the binding decision or determination within the specified timeframe.

5.9

When the consumer does not return the signed Release Form within 15 business days the TIO Officer will take whatever action is appropriate in the circumstances. Examples include, but are not limited to:

• contacting the consumer to discuss the consequences of not returning the signed Release Form
• gaining the consumer’s verbal acceptance or non-acceptance of the binding decision or recommendation if a signed Release Form is not possible or reasonable
• extending the 15 business day timeframe to allow for the return of the signed Release Form if the consumer intends to return it, or
• acting as if the consumer has not accepted the binding decision or recommendation.

5.10

When the consumer returns the signed Release Form after 15 business days have elapsed, the TIO Officer may still forward it to the Member, and may still consider the consumer to have accepted the binding decision or recommendation.

5.11

When the TIO Release Form has been forwarded to the Member, the TIO may publish an anonymised copy of the binding decision on the TIO website for public viewing.

5.12

When the Member does not follow the course of action outlined in a binding decision, the TIO may refer the Member to the ACMA for non-compliance.

5.13

When the Member does not follow the course of action outlined in a recommendation, the Member may be named in the TIO Annual Report as being non-compliant with the recommendation.

6.1

When the consumer accepts an offer of resolution from a Member that the TIO considers is fair and reasonable, the TIO will consider the Complaint to be resolved.

6.2

When the consumer accepts an offer of resolution from a Member and considers the Complaint to be resolved, but the TIO does not consider that the offer is necessarily fair and reasonable, the TIO Officer may explain his or her view of the offer to the consumer.

6.3

Where he or she considers it appropriate to do so, the TIO Officer will offer the consumer the opportunity to consider the Complaint further.

6.4

When a consumer who has turned down an offer of resolution from a Member asks the TIO to continue to consider the Complaint, and the TIO Officer considers it appropriate to investigate the Complaint further, the TIO Officer will advise the consumer that if the TIO considers the Complaint further, the Member may not be bound by any previous offer.

6.5

If the consumer declines to accept a binding decision, by not signing and returning a TIO Release Form, the Ombudsman or Deputy Ombudsman may release the Member from any obligation to comply with his or her decision, and advise the consumer to pursue other remedies.

6.6

When the consumer accepts a binding decision by signing the Release Form, he or she fully releases the Member from all claims or subsequent actions in relation to the Complaint.

 

 

Effective Date: 5 July, 2010

Updated on: 3 February, 2012