New Members

• Who must be a TIO member?
• The benefits of TIO membership
• Independence and ADR - How does the TIO resolve complaints?
• Fees and Invoices

Who must be a TIO member?

Legislative Requirements

Part 6 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (the Act) requires that carriers and eligible carriage service providers be members of the TIO scheme. A carrier is the holder of a carrier licence, issued by the Australian Communications & Media Authority (ACMA). An eligible carriage service provider is defined in the Act as:

1. a carriage service provider who supplies:
   
1. (i) a standard telephone service, where any of the customers are residential or small business customers; or
2. (ii) a public mobile telecommunications service; or
3. (iii) a carriage service that enables end-users to access the Internet; or


2. a carriage service intermediary who arranges for the supply of a service referred to in (a) (i), (ii) or (iii)

Carriage service intermediaries are defined in section 87(5) of the Telecommunications Act 1997. A carriage service intermediary may be a reseller for either carriers, service providers or Internet service providers, and as such is required to join the TIO scheme.

The TIO writes to providers that are required to join the scheme but have not done so. If an organisation fails to respond to the TIO and fails to comply with the scheme, it is in breach of the Act. The TIO reports such breaches to the Australian Communications & Media Authority (ACMA) and expects that ACMA would give the organisation a written direction to join the scheme. ACMA can apply to the Federal Court for civil penalties against a service provider if it fails to comply with a direction.

As a member of the TIO, an organisation is obliged to abide by the rules contained in the TIO's Memorandum and Articles of Association and Constitution.

Exemptions

Exemptions from the requirement to join the TIO scheme are provided for under Part 6 of the Act. A person or entity must apply to the Australian Communications & Media Authority (ACMA) for an exemption.

Before making a declaration of exemption, ACMA must consult with the TIO. If your organisation does apply to ACMA for an exemption, please send a copy of your exemption request to the TIO. This may save you time, and will enable the TIO to respond to ACMA more quickly.

The benefits of TIO membership

Whilst TIO membership is mandatory for carriers and eligible carriage service providers, there are several benefits that can be gained from being a TIO member.

• The TIO practices Alternative Dispute Resolution, which in seeking to resolve consumer complaints outside the traditional legal process, is a less costly and more time-effective means of dealing with a customer complaint that may otherwise have gone to court.
  
• Unlike some other complaint bodies, the TIO is not a consumer advocate. The TIO is interested instead in considering both sides of the dispute, not just the complainant's, and where necessary, assisting the parties to find a fair resolution.
  
• If you encounter a particularly difficult customer, and in the process of attempting to resolve their complaint you reach an impasse, it might be useful to have the TIO review and finalise the dispute.
  
• Membership of the TIO can increase consumer confidence in a provider as potential and existing customers know that they can contact the TIO if they have a problem that cannot be resolved directly with their provider.
  
• The TIO attempts to foster cooperative relationships with its members, and where possible, to help it's members to implement strategies to prevent complaints from being escalated. For example, the TIO can read through the terms and conditions of a contract and give informal feedback on areas that could be considered confusing or misleading with a view to reducing potential complaints. The TIO's Member Communications Adviser is also available to provide informal advice or assistance in relation to customer service and dealing with the TIO.
  
• 'Telecommunications Industry Ombudsman' and the TIO logo are registered trademarks and protected from use by third parties. However, TIO members are welcome to include the TIO logo on their website or advertising material to indicate membership of the TIO. The TIO does not endorse any provider, product or service, and consequently the TIO logo must not be used for this purpose.
  
• The TIO can provide statistics to members on the number and nature of complaints received about them. This data can be useful in helping members to identify internal customer service issues.

Independence and ADR - How does the TIO resolve complaints?

Attempting to settle disputes through the court system can be costly and time consuming. Alternative Dispute Resolution (ADR) refers to any means of settling a dispute outside the courtroom.

The TIO is an independent ADR scheme. This means the TIO investigates complaints by considering the facts provided by both parties in a dispute, and reaches a resolution based on what is fair and reasonable rather than on strictly legal grounds. The TIO is not a consumer advocacy scheme - it is the TIO's role to assist both consumers and telecommunications companies to resolve disputes.

The outcome of a complaint cannot be guaranteed. If the evidence is evenly balanced a resolution may not be reached and the TIO may exercise its discretion not to investigate further.

If the TIO is investigating a complaint against your organisation, you are participating in an ADR process. To help make this process successful and efficient, we ask that you be willing to negotiate and consider other points of view, and that you respond to the TIO's requests for explanations or information that may assist the investigation.

At the same time, the TIO asks that complainants try to be clear about what they are seeking from the company, and that they be prepared to compromise if need be.

For more information about TIO complaint handling, see 'Policies and Procedures Part B:The TIO's Complaint Handling Procedures'.

Fees and Invoices

The TIO does not charge its members a joining or an annual fee. However, a TIO member can incur fees if the TIO receives complaints about it.

For more information about the TIO's fees and invoices, see Fees and Invoices & TIO Policies & Procedures: Funding Arrangements.