What is the Telecommunications Industry Ombudsman (TIO)?
The TIO was established in 1993 but was granted the power to hear complaints about Internet service providers in 1997. The TIO provides free, independent and speedy resolution of complaints about ISP service delivery.
What are the TIO powers?
The TIO is only to be used as a last resort and customers must have attempted to resolve the issue with their phone company or ISP before complaining to the TIO.
In relation to ISP service delivery, the TIO has the authority to investigate complaints about:
* billing;
* faults;
* access problems;
* service contracts;
* provision of services; and
* privacy issues.
The TIO does not have power over:
* the content of a wesite, email or other online communication;
* equipment kept on customer premises, including servers and modems;
* website design and website hosting services;
* the setting of tariffs and charges;
* matters of government policy on communications;
* complaints where legal proceedings have commenced; or
* disputes between ISPs and other members of the telecommunications industry.
The TIO approach to complaints is that customers are responsible for reading the terms and conditions of their contract or agreement with their ISP. The TIO recommends customers find out how long the contract lasts, whether there are penalties for breaking the contract and what notification has to be given to terminate the contract. The TIO warns customers are responsible for protecting their user ID and password just as they must protect their bank account and PIN numbers.
The TIO will investigate complaints in relation to contracts if it appears that an ISP has not acted in accordance with the agreement or where the user was given information about the contract was misleading or inaccurate. See Trade Practices and Consumer Protection.
The TIO can investigate breaches of customer privacy by an ISP but cannot deal with complaints regarding companies use of the Internet for sales and marketing purposes.
All ISPs are legally obliged to be members of the TIO scheme(1) and the TIO informs all ISPs known to it of this obligation. The TIO is obliged to maintain a register of scheme members open for public inspection at all reasonable times.(2)
More information about the TIO can be found at http://www.tio.com.au/.
Other relevant Articles on this site:
Telecommunications law
Trade practices and consumer protection
Other relevant Fact Sheets:
Consumer Protection
Online Contracts
Privacy
Telecommunications (long version)
Telecommunications (short version)
End Notes
1. Telecommunications (Consumer Protection and Service Standards) Act 1999 (Cth) sections 127, 128.
2. Telecommunications (Consumer Protection and Service Standards) Act 1999 (Cth) section 133.