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TIO position statements

21 October 2014

We are pleased to release the following four new position statements after consulting with industry and consumer representatives. The new position statements will be effective from 18 November 2014. They are the fifth set to be released as part of the TIO's wider position statements review, which is scheduled to be completed by the end of 2014.

The new position statements are:

  • Assessing credit for a service
  • Managing usage and expenditure on a service
  • Collecting overdue charges, and
  • Restricting or disconnecting a service for credit management reasons

The position statements cover the following topics. Click on the titles of the position statements to read them in full.

Title of position statement

Scope of position statement

Replaces existing position statement

Assessing credit for a service

This position statement outlines the law, good industry practice and our view on:

  • Credit assessments
  • Collecting personal information for a credit assessment
  • Refusing an application for credit
  • Security deposits
  • Considering a consumer's ability to pay for a service as part of a credit assessment.
  • Failure to advise reasons for declining application for service
  • InContact services: Telstra refusal to supply product

Managing usage and expenditure on a service

This position statement outlines the law, good industry practice and our view on:

  • Barring and managing spend on premium services
  • International mobile roaming
  • Usage notifications for included value plans
  • Near to real-time consumer access to usage information
  • Third party purchases billed by a provider
  • Unexpected high debt.
  • Faulty or slow-to-update usage meters
  • Unlimited credit - financial over-commitment

Collecting overdue charges

This position statement outlines the law, good industry practice and our view on:

  • Behaviour of collectors
  • Limitation periods on debt recovery
  • Debt recovery during bankruptcy
  • Provider's debt collection processes
  • When to suspend credit management.
  • Old debts
  • Recovery of debts incurred prior to declaration of bankruptcy
  • Service provider "legacy debt"

Restricting or disconnecting a service for credit management reasons

This position statement outlines the law, good industry practice and our view on:

  • Restricting or disconnecting a CSG service for credit reasons
  • Information about processes to help consumers who are having trouble paying their bills
  • Notice to restrict, suspend or disconnect a service
  • When notice is not required
  • When not to restrict, suspend or disconnect a service.
  • Customer debt and the Customer Service Guarantee
  • Disconnection of service due to non-payment of another service
  • Failure to disconnect service following issue of disconnection notice
  • Notification of disconnection of service
  • Reconnection fee charged following suspension of service
  • Reconnection fee for ADSL service following disconnection of phone line
  • Suspension or restriction ("barring") of service as a credit control measure

The following position statements are also scheduled to be removed on 18 November 2014, however they will not be replaced:

  • Access of land to inspect, install and maintain low impact facilities
  • Mobile facilities: installation and locations
  • Compensation claims and the TIO
  • Compensation for business loss.

TIO position statements provide broad guidance on the law, good industry practice, and what the TIO may consider to be fair and reasonable in general circumstances. TIO position statements are not a full statement of the law or good industry practice. The TIO considers each matter brought to it on its own particular merits.

Disputed credit default listing

case study - credit listing

Next step?              

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  • 1800 062 058                
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    Collins Street West Vic 8007                            
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