Fairness framework

• TIO Engagement Charter

  Our Engagement Charter sets out our expectation of all parties engaging in our processes. We seek to operate in a reasonable and genuine way, treating all parties with respect and dignity. Our Engagement Charter sets out our expectations and commitments for engagement.

• Commitment to culture

  The TIO is dedicated to continuously learning and developing its staff while promoting a culture of fairness, support and innovation.

• Accessibility

  The TIO makes itself accessible to all parties and commits to ease of use.

• Correcting balance

  We promote access to the TIO in an equitable manner and identify potential barriers to access and find solutions to remove them. Our Accessibility Charter sets out our expectations and commitments to those that endeavour to use our service.

• Case handling processes

  We make our case handling processes available to all parties via our website and on request. We ensure the way we handle cases and perform our functions are fair and seen to be fair.

• Universal design

  Our processes are underpinned by universal design principles and support ease of access for all Australian consumers and stakeholders. We commit to ongoing evolution of service, ensuring we keep pace with the changing communications market.

• Terms of Reference

  We ensure confidence and trust in our services by ensuring that our engagement with all parties is in line with the TIO Terms of Reference.

• Government benchmarks for industry-based customer dispute resolution

  We provide fair, independent, accessible, efficient and effective external dispute resolution services in line with our obligations in the benchmarks.

• Inclusive approach

  When assisting with complaints we take an expansive and inclusive view of our jurisdiction to better assist and enhance fairness and address underlying needs and equity issues.

• Clear communication

  We will ensure that our communication, written and verbal, is clear and easy to understand.

• To the objective observer

  We ensure that decisions made on complaints are not only fair within all aspects of the framework but likely to be accepted as fair by the measure of public opinion as reasonable and appropriate.

• Independence

  We ensure we make fair and independent decisions by working within the Fairness Framework.

• Integrity

  Our staff are expected to work within our practice standards, and we ensure this is the case with a robust Quality Framework and commitment to learning and development.

• Consistency

  We assess each case on its merits, whilst providing guidance and consistency through referencing TIO Guidance documents, our fair and reasonable framework and advice to ensure we support our people to deliver fair processes and fair outcomes.

• Timeliness

  We ensure that we are timely in our dealings with all parties and our processes and practices are efficient.

• Balance of probability

  When dealing with events that are undocumented, we will assess and consider, on balance, what is more likely than not to have occurred.

• Complaint processes and pathways

  Parties are informed of their complaint pathways and understand how the complaint may progress throughout the life of the complaint. We make our processes and criteria clear and available for all parties to the complaint.

• Information exchange

  We make the information relied upon in our decision making available to all parties and expect that information requested and provided by each party can be shared upon request. There may be limited circumstances where we will choose not to share information and may also choose not to rely on information we cannot share.

• Document management

  We ensure we keep clear records and notes within our case management system that demonstrate our considerations and decisions. We ensure that all relevant correspondence is recorded and filed within our case management system, in a clear and timely manner.

• Reasonable adjustments

  We provide flexibility in practice to ensure all parties have a reasonable opportunity to participate in our processes. We proactively ask consumers to share any adjustments which will support the attainment of a fair outcome.

• Tailored pathways

  We ensure that we have tailored pathways to ensure we are taking the right next step for the circumstances present in the complaint and for the parties involved in the complaint.

• Conflict of interest

  We avoid any perceived or real conflicts of interest by maintaining and actioning our conflict-of-interest processes.

• Correctability

  We recognise that we won't always get it right. We have processes in place to address and correct any errors or omissions we make. We will correct errors when recognised by third parties or ourselves.

• Reviews

  Our assessments can be reviewed, and we proactively offer the right to review when a party is dissatisfied with an assessment and provides reasons for review.

• Guided casework

  All staff work within our guided fair and reasonable pillars which aims to deliver clear, objective assessments, outcomes and decisions on complaints.

• Ethics

  We work to high ethical standards. We demonstrate this by ensuring our decisions are made without bias or favouritism and without fear or favour.

• Being heard

  We allow all parties the opportunity to be heard and express their views before we reach a decision.

• Informing parties

  The TIO ensures that all parties are informed of the details of the complaint and offer the opportunity to respond.

• Providing evidence

  The TIO ensures that all participating parties are provided with the opportunity to provide relevant information in support of their claims.

The TIO considers four overarching pillars to demonstrate our fair and reasonable assessments and decisions. Each applicable pillar will be considered and assessed based on the individual attributes of the complaint. The TIO alone will decide what aspects or criteria within the pillars are relevant and what weight is given to each.

• The four pillars

  We use the TIO's Fair and Reasonable Pillars to provide an objective set of criteria to help ensure consistent case handling approaches and to provide structure for us to explain how we came to our views on a particular complaint. The four pillars are:

  • Laws, industry codes and guidelines
  • Good industry practice
  • Actions and impacts of the provider
  • Actions and impacts of the consumer or occupier

Each applicable pillar will be considered and assessed based on the individual attributes of the complaint.

• Laws, industry codes and guidelines

  The TIO will always consider and have regard to the applicable laws, industry codes and guidelines.

  These set out the legal responsibilities and rights of consumers, occupiers and providers and set the minimum standards required. We expect both parties to meet their obligations under the laws, industry codes and guidelines.

  Given the breadth of complaints the TIO deals with we will consider both industry and non-industry specific laws, codes and guidelines where required.

• Good industry practice

  The TIO may consider whether a request or offer of resolution is in line with what we would determine as good industry practice.

  Depending on the complaint at hand, the TIO may consider good practice as outlined in the relevant TIO Guidance documents.

  In determining good practice, it may also be necessary to seek industry, regulatory, departmental, or technical advice from internal and external parties. The individual circumstances of the complaint will guide who we may approach.

• Actions and impacts of the provider

  In considering what is fair and reasonable the TIO may consider the following actions of a provider and the impacts on the provider in its decision making, including:

  • Reasonable steps taken to minimise and avoid disruption, loss or damage, inconvenience or detriment to a consumer or occupier through its systems design, processes and technology.
  • Adherence to its own policies, legal obligations and practices relevant to the complaint, including whether the policy was applied appropriately and with due care and clarity considering the consumer or occupier's circumstances.
  • The customer service performance of the provider, including but not limited to its demonstration of accessibility, responsiveness, complaint management and actions delivered.
  • The appropriate and reasonable actions taken to restore a consumer or occupier to, at minimum, their original state, such as compensating, correcting, removing or adding an action, repairs or replacements, and providing services where applicable.

• Actions and impacts of the consumer or occupier

  In considering what is fair and reasonable the TIO may consider the following actions of the consumer or occupier and impacts on the party in its decision making, including:

  • Reasonable actions or inactions of a consumer or occupier while trying to resolve the complaint (prior to and during the TIO involvement). This may include taking reasonable precautions or steps to minimise the loss or detriment experienced where a consumer or occupier has the means and capacity to do so.
  • The individual circumstances of the consumer or occupier and the impact this has on the outcome/s achieved including the consumer or occupiers' ability to engage in resolving their issues in a fair and just way. This would include but is not limited to situational or prolonged risk factors, vulnerabilities, or specific individual circumstances.
  • The impacts of the detriment or benefit a consumer or occupier has been placed in because of the complaint. TIO will assess the appropriateness of redress which may include but is not limited to compensation for financial and non-financial loss where appropriate.
  • The impacts on the wellbeing of the consumer or occupier including physical inconvenience, privacy and expectations of enjoyment or peace of mind.