The TIO's complaint review process
The TIO has policies and procedures in place to progress complaint investigations and ensure the TIO's independence. One such policy is to give a complainant the right to request a review of their complaint if the Investigations/Enquiry Officer, in consultation with their Manager, decides that there are no further avenues for investigation and/or that the best possible outcome has been achieved.
What is a review?
A complaint review does not involve further investigation of the complaint. The primary role of the officer who conducts the review is to review the process by which the complaint was investigated in order to:
- Ensure that the complaint was investigated in accordance with TIO procedure and practice
- Determine whether all the necessary information was collected, and
- Ensure that the investigating officer's decision was consistent with:
- the law, legislative standards, and industry codes of practice
- good practice in the telecommunications industry
- the TIO's position statements, and
- what is fair and reasonable, in all the circumstances.
Who will conduct the review of my complaint?
A senior officer of the TIO will conduct the review. They will be looking at your complaint for the first time, and their review will be independent of all parties, including the TIO's investigations staff, yourself and your service provider.
How long will the review of my complaint take?
Reviews are carried out in order of receipt. You have received a review notification letter that advises an estimated timeframe for the completion of the review. This timeframe is based on the number of review requests the TIO has already received at this time.
After reviewing the investigation process of your complaint, the reviewing officer may:
- Uphold the investigating officer's decision, in which case they will write to you to explain how they came to that conclusion and to set out your options, or
- Recommend that the complaint be re-opened for further investigation. They will notify you of this decision, and the complaint will be returned to the investigating officer for further investigation.
Can I dispute the outcome of a review?
There is no additional TIO appeal process. However, you are not bound by the TIO's decision on your complaint, and you are entitled to have your complaint considered by another body - such as the Small Claims Tribunal in your state; or to seek independent legal advice.