Reform of the Telecommunications Industry Ombudsman scheme
On 4 March 2011 the Minister for Broadband, Communications and the Digital Economy announced the release of a discussion paper examining opportunities to reform the Telecommunications Industry Ombudsman (TIO) scheme.
The TIO was established in 1993 in accordance with the Telecommunications Act 1991 to provide a free and independent alternative dispute resolution scheme for small business and residential consumers in Australia who have complaints about their telephone or internet services. Each telecommunications carrier and eligible carriage service provider is required by law to participate in the TIO scheme. The TIO is able to investigate complaints and, where appropriate, make determinations on the matters raised and/or give directions to carriage services about those matters.
The discussion paper provided below sought views on the effectiveness of the TIO dispute resolution mechanism in the areas of:
- speed, fairness and efficiency
- consistency with current Alternative Dispute Resolution best practice
- ability to promote and encourage industry efforts to deliver quality complaint resolution prior to outside intervention.
The views provided in response to the discussion paper will assist the department to provide advice to the Australian Government on options for TIO reform.
The discussion paper complements the Australian Communications and Media Authority's Reconnecting the Customer inquiry and the Communications Alliance's review of the Telecommunications Consumer Protection Code, which are currently underway.
Discussion Paper—Telecommunications Industry Ombudsman scheme (PDF, 189 KB)
Discussion Paper—Telecommunications Industry Ombudsman scheme (RTF, 523 KB)
If you have any questions regarding any of the issues on this page, please email tiodiscussionpaper@dbcde.gov.au or contact Garry Croker through the department switchboard on 02 6271 1000.
If you would like to receive a copy of the discussion paper by post or in an alternative format, please contact the department via email at tiodiscussionpaper@dbcde.gov.au
If you have a hearing or speech impairment, or are deaf, you can contact the department through the National Relay Service between 8.30 am and 5.30 pm (Monday to Friday):
- TTY users phone 1800 555 677 then ask for 02 6271 1000.
- speak and Listen (speech-to-speech relay) users phone 1800 555 727 then ask for 02 6271 1000.
- internet relay users connect to
www.relayservice.com.au and then ask for 1800 02 6271 1000.
Public submissions
The submission period closed on 31 March 2011. The department received a broad range of submissions from industry, consumer groups, academics, regulators and individuals.
Addendum to the TIO discussion paper
The discussion paper states on page 10 that the TIO board has only once used its powers under its articles of association to commission an independent review of the TIO scheme. While the TIO board has not commissioned a review since 2006, the TIO board did commission a number of reviews prior to 2006, including in 1998 and 2002–03.
Review of the Telecommunications Industry Ombudsman Report
On 4 May 2012 the Minister for Broadband, Communications and the Digital Economy announced the release of the TIO Report.
The report's main recommendation is that legislative amendments be made to provide greater clarity around the TIO's role and expected standards of operation. This includes the establishment of framework principles under the Telecommunications (Consumer Protections and Service Standards) Act 1999 based on the Benchmarks for Industry-based Customer Dispute Resolution Schemes.
Other areas addressed in the report include:
- implementing improved regulatory incentives for industry to comply with the TIO scheme, including the potential introduction of a mechanism which clearly identifies industry participants
- adopting a unitary governance structure, with equal representation from consumers and industry, and an independent chair
- making improvements to the TIO's approach to identifying and reporting on systemic issues
- making improvements to public accountability and reporting by delivering improved complaint statistics, fair and reasonable policies and procedures, more efficient escalation of complaints, and publication of information about the TIO's performance
- enhancing awareness levels of the TIO's existence and role in addition to enhancing the training of staff in order to deliver greater efficiency and accessibility in its service.
