TIO Annual Report 2006/07

Disability

The TIO records complaints from people with disabilities under two categories: Disability; and Impaired Decision Making under the Contracts complaint category. The Disability category includes sub-categories which deal with equipment-related complaints and also matters concerning priority assistance.

Disability Equipment

The TIO can investigate complaints about the supply of disability equipment by the universal service provider, currently Telstra. As the universal service provider, Telstra must provide everyone in Australia with access to a basic fixed line telephone service – the standard telephone service (STS).

The STS is defined Telecommunications (Consumer Protection and Service Standards) Act 1999 – s6 as a carriage service for the purposes of voice telephony, or if that is not practical for a person with a disability, another form of communication that is equivalent to voice telephony. Telstra provides its disability customers the option of leasing equipment appropriate to their needs at a cost equitable to standard equipment and services.

As the universal service provider, only Telstra is required to offer the full range of disability equipment. However, Telstra and Optus have disability equipment programs that provide both standard customer equipment with particular features and disability equipment to customers. In addition, some other phone companies who are resellers of Telstra’s services have an agreement with Telstra to provide their customers with disability equipment.

The TIO can investigate complaints about the supply of disability equipment, particularly where Telstra is allegedly not complying with its obligations as the universal service provider – that is, if it is not providing the customer with reasonable access to the standard telephone service, including a rental handset. If a complainant’s rental handset appears to be faulty, the TIO will investigate. In addition, we will also consider complaints where the equipment provided may not suit the person’s disability, or where additional equipment is required to use a service but has not been supplied by a provider.

While providers other than Telstra are not bound to supply disability equipment under the universal service obligation, the TIO expects that all service providers who bill a customer for local access should ensure that their customer’s disability requirements are met – within reason – in relation to the provision of telecommunications services in compliance with the Disability Discrimination Act 1992 (Cwth).

This year, the TIO received 15 complaints about equipment under the landline category (compared with 17 under the same category last year). Two complaints were received under the internet category (none last year) and six under the mobile category (one last year).

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