14. ENQUIRY AND COMPLAINT CLASSIFICATION

14.1 Introduction

When a complaint is first brought to the TIO, an Investigation or Enquiry Officer assesses the complaint in order to determine how it should be classified.

The TIO distinguishes between 'Complaints' and 'Enquiries'. Moreover, 'Complaints' are classified at one of four levels, which is determined in accordance with the Complaint Classification Guidelines. These guidelines form part of a broader document called the TIO Complaint Classification and Escalation Guidelines (PDF version 47.5 KB).

14.2 Definition of Enquiry

An Enquiry is a matter that a complainant does not intend to be an expression of complaint or grievance, or is a matter that cannot be accepted as a Complaint by the TIO.

A matter is determined to be an Enquiry if it is:

• a request for information;
• an anonymous complaint;
• a complaint that has not yet been raised with a provider (a 'first resort' complaint);
• a complaint that the TIO deems to be frivolous or vexatious; or
• a complaint outside the TIO's jurisdiction.

The TIO's exercising of its discretion not to investigate anonymous and frivolous or vexatious complaints is covered in detail in section 17.

14.2A Definition of 'First Resort'

A complaint is classified as ‘First Resort’ and logged as an enquiry if the complainant has not yet made reasonable attempts to raise the complaint with their provider.

If it is clear that a complainant has spoken directly to their provider about the complaint and the provider has given its response, then the complaint should not be classified as ‘first resort’.

Where the complainant has not actually spoken to the provider directly, or the provider has not yet responded to the complainant, the matter may be more complicated. Nonetheless, the TIO may consider that ‘reasonable attempts’ have been made and that the complaint has not been brought to the TIO as a ‘first resort’.

By way of example, the TIO takes the view that a complainant has made reasonable attempts to raise their complaint with their provider if they have:

• Attempted, on more than one occasion, to call their provider’s Customer Service telephone number but:
  • the number was engaged; or
  • they were kept waiting on hold for an unreasonably long period;
• Sent an email, fax or letter to their provider but they have not received any response within a reasonable period;
• Contacted their provider’s agent; including the
• store or dealership where they entered into any telecommunications contract,
• door to door representative or telemarketing company with whom they entered into any telecommunications contract,
• debt collection agency to whom a debt for a telecommunications service has been sold or assigned.

When assessing whether any relevant timeframe is reasonable, the TIO will have regard to whether:

• a reasonable person would consider the timeframe reasonable;
• the time frame alleged by the complainant meets standards of good industry practice. For example, clause 7.3.1 of the ACIF Complaint Handling Code requires a provider to acknowledge a written complaint within five working days of receiving it; and
• the particular circumstances of the complainant are such that a faster response than what would otherwise be expected, ought to be given.
  

14.3 Definition of Complaint

A Complaint is an expression of grievance or dissatisfaction about a matter within the TIO's jurisdiction that the company concerned has had an opportunity to consider.

14.4 Complaint classification

Complaints are classified at one of four levels and can be classified at levels 1 to 3 at the outset. Level 4 Complaints must be escalated from Level 3, unless the Complaint involves an objection to a carrier exercising its land access powers in relation to low-impact facilities.

The following factors will determine how a Complaint will be classified:

• the prior opportunities for the Member to resolve the complaint;
• the length of time the complaint has been ongoing;
• how much time the TIO has spent (or predicts it will spend) handling the complaint;
• the length of time that the TIO believes the Member will require to investigate and respond to the complaint;
• the complexity of the complaint; and
• the amount of money in dispute.

Further guidance as to the classification of Complaints is provided in the Complaint Classification Table below.

14.4.1 Complaint Classification Table

14.5 Members' rights to object

Members are entitled to ask the TIO to reconsider its classification of a complaint. These requests should in the first instance be directed to the Investigation or Enquiry Officer handling the complaint and will be considered on a case-by-case basis.

If a Member is dissatisfied with the way in which its request or enquiry has been handled, it may ask that the matter be referred to the Member Communications Adviser for consideration.

In handling requests for reclassification, the TIO seeks to ensure that its guidelines for classification have been appropriately and fairly applied.

A Member may also ask the TIO to re-classify a Complaint to a higher level if it predicts that the time allowed for response and/or resolution is not sufficient, or, in the case of a level 1 Complaint that has been referred, if it would prefer the TIO to formally investigate the complaint.

14.6 'Bill the Biller' policy

The TIO adheres to a 'Bill the Biller' policy, where it will under almost all circumstances log a Complaint against the company who was actually billing the complainant at the time of the circumstances leading to the complaint. While Enquiries and Complaints are always logged against the Member concerned, only Complaints are billed directly to a Member; Enquiries are billed as part of overhead costs.

In January 1998, it was agreed by the TIO council that the TIO should have a degree of operational discretion in the application of the 'bill the biller' policy. Accordingly, the TIO will at times make an exception to this policy and pursue the supplier of a service where it has no direct relationship with the customer.

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