Terms of Reference

Part 1: Introduction to the Telecommunications Industry Ombudsman Scheme

1.1 We provide an independent external dispute resolution service for the telecommunications industry.

1.2 We also exercise jurisdiction, powers and functions conferred on us by legislation, instruments, regulations and codes. This includes dealing with land access objections.

1.3 We support improvements in industry practice and policy by:

• identifying and investigating systemic issues, including matters that may be referred to regulators for enforcement action
• contributing to policy formulation and public debate
• reporting on the consumer experience of telecommunications services through complaint data and trends.

1.4 In exercising our powers, we will do what we consider is fair and reasonable in the circumstances, having regard to the law, relevant industry codes, guidelines and good practice.

1.5 Our service is free for consumers and occupiers.

1.6 Members have obligations to comply with our scheme.

1.7 We operate as an independent not-for-profit company authorised by legislation and governed by a Board.

1.8 We deliver a service that is accessible, independent, fair, accountable, efficient and effective in accordance with telecommunications legislation and the Government Benchmarks for Dispute Resolution.

1.9 We are committed to operating an inclusive service that is free from harassment and discrimination and respects and embraces diversity.

1.10 We undertake regular outreach activities, including with vulnerable and disadvantaged communities, to promote accessibility and awareness of our service.

Part 2: Our Complaint Handling Role

Complaints We Handle

2.1 We can handle complaints made by consumers and occupiers about members of our scheme.

2.2 We can handle complaints from consumers about:

• telecommunications services
• telecommunications equipment and network infrastructure affecting service access
• service-related activities such as repair, maintenance and technical support
• bills, debts, credit management and financial hardship responses
• faults, failures or delays in supplying services
• loss of phone numbers or email accounts
• privacy breaches
• operator services
• directory listings (excluding business directories)
• compliance with relevant codes and guidelines
• members' complaint handling practices.

2.3 We can handle complaints from occupiers about:

• property damage on land
• bills or debts
• carrier infrastructure on land
• carrier land access activities and associated conduct.

2.4 We can exercise any additional powers or jurisdiction conferred on us by law, standards, determinations or codes.

2.5 We can handle other complaints where all parties agree to our involvement.

Complaints We Do Not Handle

2.6 We cannot handle complaints where legislation prevents us from doing so, including complaints about:

• setting of pricing
• content services.

2.7 We do not handle complaints about general telecommunications policy or commercial practices of a member.

2.8 We generally do not handle complaints already before a court or tribunal.

2.9 We may decline complaints better dealt with by another body or forum.

2.10 The maximum compensation we can award is $100,000.

2.11 For complaints other than privacy complaints, the maximum non-financial loss compensation is $1,500.

Time Limits

2.13 A complaint can usually be made within two years of discovering the issue.

2.14 We may accept complaints up to six years after discovery in certain circumstances.

2.15 We will not handle complaints more than six years after the issue was first discovered or should reasonably have been discovered.

Making a Complaint

2.16 Consumers and occupiers can complain in writing or by speaking with us.

2.17 An authorised representative may complain on behalf of a consumer or occupier.

2.19 A complaint may be withdrawn at any time.

How We Handle Complaints

Key features of our complaint handling process include:

• members must have a reasonable opportunity to address the issue first
• we notify members when a complaint is accepted
• we help parties reach agreement
• we can investigate and request information
• we may issue recommendations
• we may issue temporary rulings
• we may make binding decisions where appropriate.

Temporary Rulings

We may issue temporary rulings requiring actions such as:

• reconnecting services
• lifting service restrictions
• removing default listings
• buying back debts
• stopping debt recovery or credit management action.

Decisions

Where a complaint is unresolved, we may make a decision requiring a member to:

• refund or pay money
• waive bills
• apply hardship arrangements
• pay compensation
• provide or repair services
• repair or replace equipment
• correct records
• repair property damage
• take action relating to land access matters.

A decision becomes binding on a member if the consumer or occupier accepts it.

Part 3: Our Land Access Role

We have a statutory role in dealing with objections to certain carrier land access activities under the Telecommunications Act 1997 (Cth), including:

• installation of low-impact facilities
• land inspections
• facility maintenance.

Part 4: Our Industry Improvement Role

Systemic Issues

We support improvements in industry practice by identifying and investigating systemic issues. A systemic issue may involve:

• member systems, policies, processes or practices
• repeated conduct indicating potential non-compliance
• widespread issues driving complaints.

We may:

• investigate systemic issues with or without a complaint
• request information and documents
• recommend actions to members
• publish guidance on how systemic issues are handled.

Policy Contribution

We contribute to policy development by:

• participating in public debate
• making submissions to inquiries and reform processes
• publishing statistics, trends, case studies and insights

Part 5: Reporting and Information Sharing

We may:

• publish reports and insights
• share information with regulators
• work with government, industry and community groups
• disclose information where required by law
• publish information to improve understanding of our scheme.

Part 6: Member Obligations

Members must:

• cooperate with investigations
• provide requested information and documents
• consider recommendations about complaint handling
• implement agreed complaint resolutions
• comply with temporary rulings
• comply with accepted decisions.

Members generally must not commence legal action about a complaint while it is being handled by us.

Part 7: Management of the Scheme

The scheme is operated by Telecommunications Industry Ombudsman Limited, a public company limited by guarantee.

Board Responsibilities

The Board is responsible for:

• strategic direction
• financial and operational oversight
• risk management oversight
• appointing and removing the Ombudsman
• maintaining the Ombudsman's independence
• providing advice to the Ombudsman.

Ombudsman Responsibilities

The Ombudsman is responsible for:

• complaint handling
• land access objections
• systemic issue investigations
• policy contributions
• reporting and analysis
• day-to-day management of the organisation.

Part 8: Interpretation and Definitions

The Terms of Reference include definitions for key terms such as:

• Acting Ombudsman
• Board
• Carrier
• Complaint
• Consumer
• Credit management action
• Decision
• Member
• Occupier
• Ombudsman
• Property damage
• Provider
• Recommendation
• Regulator
• SIP complaint
• Telecommunications service