Position Description

Position: Legal Investigation Officer
Reporting to: Investigation Manager

1. Background

The Telecommunications Industry Ombudsman Ltd (TIO) was established in 1993 to investigate and determine complaints from residential and small business customers about matters relating to service, billing and the manner of charging for telecommunications services.

The mission statement of the TIO is to provide 'free, independent, just, informal, speedy resolution of complaints.' The TIO is an office of "last resort" and complainants are required to take up their complaint with the carrier/service provider concerned, before the TIO may become involved.

Under the Telecommunications (Consumer Protection and Service Standards) Act 1999, all eligible carriage service providers, including Internet Service Providers (ISPs), are required to be members of the TIO.

The TIO is a company limited by guarantee and is independent of government and telecommunications carriers and service providers.

2. The role

Legal Investigation Officers (LIOs) handle consumer enquiries and complaints concerning telecommunications and internet problems. These are received by telephone, online, in writing, and in person. Not all complaints handled by LIOs will have a legal component and applicants should be prepared to investigate and handle non-legal complaints on a day-to-day basis.

Independence is one of the hallmarks of an Ombudsman’s Office and it is vital that LIOs provide initial advice to consumers and Members without prejudging cases. Advice should include the types of evidence that could be gathered to support a case.

While the TIO initially uses alternative dispute resolution techniques to assist in the resolution of complaints, if this does not achieve a fair and reasonable outcome, LIOs must be capable of making decisions. Applicants must have extremely well developed analytical abilities in order to identify pertinent issues and gather and weigh up evidence necessary to make judgements. Reasons for decisions must always be clearly explained in plain English and be based on the information and evidence available in any one case.

Enquiry Officers (EOs) deal with many of the initial calls and letters from complainants. If not resolved by an EO, a complaint will usually be referred to an Investigation Officer (IO) or LIO to determine what further action is required.

Applicants must be prepared to spend time investigating and resolving issues by telephone. In addition, LIOs prepare complex correspondence and work with senior staff to prepare complaint summaries and determinations.

While based on alternative dispute resolution principles, the TIO must also have regard to legal principles. Many complaints such as those involving mobile telephone contracts, capacity, bankruptcy, agency or land access objections require specialised legal knowledge. Familiarity with contract law, consumer protection and other legislation is important. LIOs must be confident that the decisions they make are in accordance with the concepts of fairness and reasonableness, good industry practice (ACIF Codes), TIO Position Statements and the law.

Each LIO is assigned an area of specialty (for instance mobile telephone contracts, the Trade Practices Act). Legal Investigation Officers are required to regularly update the TIO’s knowledge base and advise non-legal staff about new developments in their area of specialty. Updates should include current information stemming from legislative changes, case law and Industry based codes.

The TIO has a 4-tier complaint resolution process, classifying complaints from Level 1 to 4. Further details are outlined here.

3. Responsibilities

The successful applicant will be required to perform the following tasks:

Complaint Management

• Determine whether a complaint is within the jurisdiction of the TIO
• Analyse the complaint and advise the complainant on an appropriate course of action
• Enter full details of the customer contact, advice provided and subsequent actions into the TIO complaints management system (COSMOS)
• Prepare timely, legible, and clear file notes on hard files
• Identify potential Industry (ACIF) Code breaches, relevant TIO Position Statements and legal issues
• Prepare correspondence to complainants, member organisations, and other agencies, e.g. Australian Communications & Media Authority, Australian Competition and Consumer Commission, etc.
• Provide regular follow-up of Level 2, 3 and 4 complaints to complainants and member organisations
• Analyse evidence presented by both parties to determine whether a proposed outcome is reasonable (having regard to good industry practice the law and what is fair given the individual circumstances of the complaint) or the matter warrants further investigation
• Communicate a decision about a complaint outcome in writing in a manner that is clear, concise and logical
• Ensure complaints are actioned and closed within set timeframes
• Undertake investigations under the direction of the Investigation Manager, the Deputy Ombudsman and/or the Ombudsman including the preparation of case summaries and the drafting of determinations for Level 4 complaints
• Provide informal verbal and formal written legal advice for TIO management and investigations staff in relation to complaints which may include a legal component such as: contractual issues, challenges to the TIO’s constitution and jurisdiction, door to door selling, agency law, bankruptcy, Trade Practices and Fair Trading Acts, land access, statute of limitations, and liability to pay compensation.

Team & Personal Development

• Participate in regular (weekly) team meetings, Legal IO meetings and training workshops
• Keep abreast of changes in the law, particularly in relation to telecommunications, and communicate these to non-legal staff where appropriate
• Assist non-legal staff in understanding legal concepts and issues of relevance to the work of the TIO
• Participate in specialist legal workgroups where requested
• Be prepared to attend seminars/meetings outside of work hours in order to increase knowledge of the law
• Draft reports for inclusion in the Annual Report, newspaper articles and other publications as requested
• Participate in professional development activities to meet identified development goals and achieve personal growth

4. Knowledge/Skills

The successful candidate will be able to demonstrate the following skills:

4.1 Communication skills

• Excellent written and oral communications skills
• Ability to communicate complex technical and legal information to non-professionals
• Ability to handle challenging questions and difficult customers
• Ability to establish a rapport with member organisations and complainants

4.2 Analytical & decision making skills

• Demonstrated ability to analyse information and identify pertinent issues
• Ability to gather and weigh up evidence
• Sound decision making skills

4.3 Dispute resolution skills

• Knowledge of alternative dispute resolution principles and methods
• Understanding of and commitment to the concept of independence
• Empathy towards complainants and other parties involved in disputes

4.4 Time management skills

• Ability to prioritise work according to conflicting demands
• Ability to handle large volumes of calls that may be about repetitious complaint issues
• Ability to deal with the administrative (record keeping and filing) aspect of complaints handling
• Ability to manage up to 50 cases concurrently
• Excellent time-management skills

4.5 Computer skills

• PC literacy including the effective use of the following applications: MS Word, email, Internet and an intranet system.

5. Qualifications/Experience

Mandatory

• Law degree or equivalent legal qualification
• Two years of legal practice (after admission)
• Excellent analytical and investigative skills
• Practical legal experience
• Excellent written and verbal communication skills
• High degree of independence, maturity and initiative

Highly desirable

• Dispute resolution experience
• Experience in handling call-based complaints in a dynamic work environment
• Telecommunications industry experience
• Legal experience in areas of consumer protection

6. Equal Opportunity

The office of the TIO is an equal opportunity employer and promotes a harassment free work place.

7. Confidentiality

Legal Investigation Officers are bound by strict confidentiality requirements and must ensure that the confidentiality and privacy of the individual consumer is respected and maintained at all times. Any breach of confidentiality may result in dismissal.

8. Conditions of employment

Hours of duty	* 37.5 hours per week, rostered between the hours of 8.30am and 5.30pm. * Additional hours may be required on some occasions in order to handle heavy workloads
Public holidays	The TIO is open on Labour Day and Melbourne Cup Day and LIOs are required to work on these days.
Annual leave	28 days annual leave per annum
Personal leave	10 days sick leave per annum
Probationary period	6 months
Salary	$61,800 plus superannuation at the statutory rate. This salary is subject to annual performance-based adjustments.

Last updated: 5 June 2008