Targeted review of non-financial loss limits

Public consultation opens on Friday 28 August and closes at 5pm AEST on Wednesday 30 September 2026.

Feedback can be provided by email at [email protected].

The TIO’s current non-financial loss limits

The TIO can recommend or require compensation of up to $1,500 for non-financial loss where compensation is needed to restore fairness.

Non-financial loss means someone has experienced harm because of an action the telco took or failed to take.

The TIO considers non-financial loss compensation for significant or unusual levels of:

• inconvenience or stress
• time spent resolving a complaint
• interference with peace of mind
• injury to feelings.

The TIO’s $1,500 limit does not apply to privacy-related complaints. For privacy-related non-financial loss, the TIO’s limit is $100,000.

Why we’re reviewing our non-financial loss limits

The TIO’s non-financial loss compensation limits contribute to the TIO delivering complaint outcomes that are fair, reasonable, proportionate and efficient.

There are three main reasons the TIO is reviewing whether the current $1,500 non-financial loss compensation limit remain fit-for-purpose:

• Consumer advocates and other organisations have questioned if the limit reflects the level of harm people experience when phone and internet services fail
• It is not clear if the limit reflects current community expectations, noting recent telco remediation programs and enforceable undertakings have involved compensation significantly higher than $1,500
• Early analysis by the TIO suggests the limit affects how telcos and their customers engage with each other and our complaints process, including settlement outcomes and interactions before binding TIO decisions.

Importantly, there is no assumption the TIO’s non-financial loss limit needs to increase. The TIO has no preferred outcome and is conducting this review to determine what outcomes are appropriate.

Out of scope for the review

The Terms of Reference for the targeted review of non-financial loss limits set out the parameters of the review, including matters outside of scope for the review.

The TIO’s targeted review of non-financial loss limits will not consider other compensation limits or matters that do not relate to the $1,500 non-financial loss limit.

For example, the TIO’s $100,000 limit for privacy-related non-financial loss compensation and financial loss compensation is not in scope for this review. The review also does not reconsider individual complaint outcomes, or broader scheme governance or jurisdiction arrangements.

We’re seeking targeted feedback

The central question for the TIO is whether our $1,500 non-financial loss limit supports the TIO to deliver fair, reasonable, proportionate and efficient dispute resolution outcomes. We invite all feedback on this point.

Additionally, our consultation paper sets out questions by topic to assist stakeholders:

• The TIO’s objectives and relevant principles
• $1,500 as the limit
• Outcomes for phone and internet consumers
• Complaint resolution impacts and dynamics
• Community expectations and comparable dispute resolution schemes
• Operational and system impacts for consumers, the TIO and telcos
• The future framework for maintaining the right limits.

Next steps and possible outcomes

After public consultation closes, the TIO will assess feedback, determine potential options and decide on appropriate outcomes.

Possible outcomes could include:

• keeping the $1,500 limit
• increasing or decreasing the $1,500 limit
• changing non-financial loss guidance or governance arrangements
• introducing a new structure for non-financial loss compensation
• identifying improvements that do not involve changing the $1,500 limit.

The consultation paper sets out how feedback, evidence and potential options will be assessed:

• Submissions and evidence will be assessed using our Proposed Analytical Framework.
• Potential options will be considered using our Assessment Matrix.

Download consultation materials