TIO Annual Report 2003/04

Summary of Complaint Handling Performance

Resolving Complaints and Deciding What is Fair and Reasonable

Of utmost importance to the TIO’s alternative dispute resolution process is the willingness of complainants and Members to:

• act in good faith when presenting their versions of events;
• show an ability to understand the other party’s view;
and

• compromise if necessary in order to resolve a matter.

The TIO aims to resolve complaints through negotiation and compromise, but sometimes this is not possible. Where a Level 2 investigation has failed to resolve a complaint to the complainant’s satisfaction, the TIO may dismiss or escalate the complaint. In making this decision the TIO has regard to:

• the law and industry codes;
• good industry practice;
• TIO Position Statements; and
• what is fair and reasonable given the circumstances of the case.

The law and industry codes provide extremely useful guidance about fair and reasonable outcomes, but do not cover the entire range of complaints that the TIO deals with. Codes also sometimes lack the detailed information necessary to consider complaints on a case-by-case basis.

The TIO’s Position Statements are becoming more important in the investigative and decision-making process. The statements outline the TIO’s general views about particular types of complaints and, importantly, detail the evidence the TIO will consider when making a decision.

View TIO’s Position Statements