With just over 4,600 complaints in the 2004 financial year, small business operators are one of the key groups that the TIO services. Small business complaints to the TIO are generally more complex than those made by residential consumers.

This may reflect the increased dependence of small businesses on communications technology. For example, a small retail business employing five full-time staff may need:

• a landline account for fax, internet and voice calls.
  
• an internet account for a variety of uses including online banking.
  
• a second landline account for an EFTPOS connection.
  
• one or more mobile services for uses including maintaining an on-the-road sales force.

As our Case Notes on the opposite page show, problems with any of these vital connections can play havoc. So how best can a small business use the TIO? Small businesses should bear in mind the following points:

• the TIO is a complaint resolution service of last resort. The business must have tried to resolve its complaint with the provider before coming to the TIO.
  
• the TIO is not a consumer advocate, but an independent umpire. In order to investigate a case we will require information from both parties. We will then make a decision based on what is fair and reasonable.
  
• the TIO generally regards a business as small if it employs fewer than 20 people.
  
• the TIO is a free service, but cannot consider issues that are the subject of legal action or which became known to the complainant more than one year previously. There is discretion to extend this period by a further year.
  
• the TIO’s decision is binding on the telecommunications or internet provider but not the complainant.
  
• the TIO can consider awarding compensation for business loss, but substantive documentation will be required to support the claim.
  
• the TIO cannot investigate a matter that is outside its jurisdiction. For example, the TIO is unable to investigate a commercial decision by a service provider not to supply a service, including broadband, to a particular area.
  
  More information on the TIO’s jurisdiction is available at http://www.tio.com.au/policies/jurisdiction.htm.

John Pinnock
Ombudsman