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Complaints about infrastructure and property

As set out in the TIO Terms of Reference, we handle complaints from owners and occupiers of property about:

  • property damage on their land, including disputes about costs for repairing, restoring or replacing property
  • a bill or debt claimed by a telco against them
  • unsafe or non-compliant telco infrastructure on their land.

Please note, this is separate from the Ombudsman’s jurisdiction to handle objections to proposed land access activity under the Telecommunications Code of Practice 2021. You can read more about the Ombudsman’s land access jurisdiction here.

Laws, codes, and guidelines

The following laws, codes, and guidelines are relevant to damage to infrastructure or property:

Our approach

When we deal with complaints involving damage to infrastructure or property we consider the law, good industry practice, and fairness in all the circumstances.

Damage to carrier infrastructure by a person

The law

Under statute and common law when a person fails to meet a duty to take reasonable steps to avoid causing foreseeable harm, they may be liable to pay for any resulting damage.

A telco has obligations to install and maintain infrastructure in accordance with applicable legislation and industry standards. When exercising its powers under the Telecommunications Act a carrier must also act in accordance with good engineering practice.

A person has a duty of care to take reasonable steps to avoid damaging underground infrastructure when conducting excavation activities.

Intentional damage or tampering with a telco’s infrastructure is an offence under the Criminal Code Act. The TIO will not handle a complaint about criminal liability involving intentional damage to a telco’s infrastructure.

Good industry practice

Telcos should install and maintain infrastructure in accordance with all applicable industry codes, and follow relevant industry guidelines.

Current industry practice is that a carrier that owns infrastructure becomes a member of Dial Before You Dig. Dial Before You Dig is a referral service established by underground asset owners to help individuals contemplating excavation work on land by giving information on safely identifying and locating underground assets anywhere in Australia. Dial Before You Dig recommends that its members take certain actions to protect their infrastructure from damage, including:

  • creating their own process to keep information held by Dial Before You Dig about their assets up to date. This should be a standard scheduled task
  • keeping their own site plans which clearly identify where assets are located
  • when notified that an individual intends to undertake excavation in a member’s area of interest, responding to the individual within two business days. The most common method of responding is by issuing site plans, by email, fax or post, however members may elect to respond differently depending on the nature of the enquiry, for example by phone or an on-site visit.

TIO view

A person should use the Dial Before You Dig service before starting any excavation activity.

When a person fails to take reasonable steps to protect infrastructure, and consequently damages it, the Telco is entitled to seek recovery of the costs of repair to current standards. The costs should be reasonable in the circumstances. The Telco should not charge for any additional work incidental to the damage that it may complete at the same time.

Damage to property by a telco

The law

In some circumstances, telcos are entitled to enter land and carry out certain activities. This may be under an agreement with the landowner or occupier, or by a telco exercising its powers and immunities under Schedule 3 to the Telecommunications Act 1997.

When engaging in activities under Schedule 3, a telco must take all reasonable steps to ensure that:

  • the telco causes as little detriment and inconvenience, and does as little damage, as is practicable
  • the property is restored to a condition similar to its condition before the activity began.
  • the restoration begins within 10 business days after the completion of the activity, unless the carrier agrees with the owner or occupier of the land to start the restoration after the 10 business days.

The carrier must also take all reasonable steps to:

  • act in accordance with good engineering practice
  • protect the safety of persons and property
  • ensure the activity interferes as little as practicable with:
    • the operations of a public utility
    • public roads and paths
    • the movement of traffic
    • the use of land
  • protect the environment.

Good industry practice

A telco should install and maintain infrastructure in accordance with all applicable industry codes, and follow relevant industry guidelines, for example, the Wiring Rules.

TIO view

When exercising powers under the Telecommunications Act or undertaking work by invitation, a telco should repair all damage it causes to a property except for alterations essential for the operation of installed infrastructure.

An example of an alteration essential for the operation of infrastructure is a hole drilled through an external wall to install a conduit.

A telco should take all reasonable steps to act in accordance with good engineering practice and protect the safety of persons and property. When assessing good engineering practice we will consider all applicable codes and guidelines.

When infrastructure is relocated because it had been previously installed incorrectly, including at the wrong location, the telco should repair any damage:

  • at the original site of the infrastructure, and
  • caused by the incorrect installation.

Dealing with a dispute

Damage to infrastructure by a person

To assess a complaint involving damage to infrastructure we may ask for information from the person making the complaint and the telco, including:

  • What is the damage?
  • Who caused the damage?
  • What steps were taken to prevent damage?
  • Was the party who caused the damage negligent?
  • Did the telco contribute to the negligence in any way?
  • What are the costs of repairing the damage?

We may also ask for supporting information including photographs of the damage.

Damage to property by a telco

To assess a complaint involving damage to property we may ask for information from the person making the complaint and telco, including:

  • What is the damage?
  • Who caused the damage?
  • What are the costs of repairing the damage?

We may also ask for supporting information including photographs of the damage.

Outcomes

Damage to infrastructure by a person

When, in our view, a person is responsible for damage to a telco’s infrastructure, the telco may charge for the repair of the infrastructure to the telco’s current standards. When, in our view, the telco contributed to the damage, the telco may be required to reduce the repair charges.

Damage to property by a telco

When, in our view, a telco has caused damage to a property, the telco should repair the damage at no charge, or address any detriment experienced because of the damage, including paying compensation.

Effective date: 1 January 2022

This page provides broad guidance on the law, good industry practice, and what the TIO may consider to be fair and reasonable in general circumstances. It is not a full statement of the law or good industry practice. The TIO considers each matter brought to it on its own particular merits.

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The Telecommunications Industry Ombudsman acknowledges the traditional custodians of the land throughout Australia and their continuing connection to land, culture and community.
We pay our respects to Elders past and present, and extend our respect to Aboriginal and Torres Strait Islander Peoples from all nations of this land.