Telecommunications Law & Lawyers
Telecom contracts, licensing, and regulatory compliance.
The ‘communications power’ of the Australian Constitution (s. 51(v)) gives the Commonwealth Parliament the power to regulate telecommunications in Australia. In 2005 Parliament created the Australian Communications and Media Authority (ACMA) was created to regulate broadcasting, the Internet, radiocommunications and telecommunications.
If you require legal help regarding any aspect of telecommunications law, then please complete your free legal enquiry form on the right, or click here.
As the primary regulator of telecommunications in Australia, the ACMA exercises powers under the following legislation:
- Telecommunications Act 1997,
- Telecommunications (Consumer Protection and Service Standards) Act 1999 and -Radiocommunications Act 1992
Under the Telecommunications Act 1997, the ACMA is responsible for regulating customer equipment and customer cabling.
The ACMA administers industry self-regulatory arrangements based on compliance with applicable standards and labelling. These regulatory arrangements aim to ensure that items meet minimum mandatory technical standards and are appropriately labelled before they are connected to a telecommunications network.
If you require legal help regarding any aspect of telecommunications law, then please complete your free legal enquiry form on the right, or click here.
The technical standards aim to:
- protect the personal health and safety of users and operators of telecommunications networks
- protect the integrity of the telecommunications networks ensuring interoperability with telecommunications networks for the
supply of a standard telephone service - ensure access to emergency call services.
The ACMA's role also includes:
- encouraging development of codes of practice and industry standards for the telecommunications industry, and
- registering and monitoring compliance with such codes
- providing advice and information to consumers about their rights and safeguards
- undertaking research into phone usage
- liaising with relevant overseas bodies and actively participating in international standardisation activities.
The Telecommunications Industry Ombudsman
The TIO is authorised to investigate complaints about the connection or supply of telephone or internet services. The general role and powers of the TIO are included in the Telecommunications (Consumer Protection and Service Standards) Act 1999.
The TIO aims to settle disputes quickly in a fair, objective and non-bureaucratic way, having regard not only to the law and to good industry practice, but also to what is fair and reasonable in all the circumstances.
If you require legal help regarding any aspect of telecommunications law, then please complete your free legal enquiry form on the right, or click here.
The TIO has jurisdiction to receive, investigate and facilitate the resolution of complaints where the complaint is about:
- telecommunications services ("carriage services")
- billing of content services
- access to or use of land by a carrier
- billing for carriage services, or
- providing or supplying (or failure to provide or supply) carriage services.
The last point mentioned above, can include complaints about:
- the standard telephone service
- mobile services
- internet services
- pay-phones
- delays in telephone and internet connections
- printed and electronic White Pages
- fault repairs
- privacy
- access to or use of land by a carrier, or
- compliance with the Customer Service Guarantee Standard or industry Codes of Practice.
The TIO cannot handle complaints concerning:
- the setting of tariffs and charges
- privately-owned telecommunications equipment, other than the rented handset -supplied with a basic phone service and telecommunications equipment sold as a -part of a bundled contract
- cabling, except cabling up to the first telephone socket in a premises
- matters of telecommunications policy
- the 000 emergency service
- anti-competitive behaviour or restrictive business practices, or
- the content of ‘information services’, eg. 1900 numbers and internet content.
Powers of the TIO
The TIO has the authority to make Binding Decisions up to the value of $30,000, and Recommendations up to the value of $85,000. For complaints received by the TIO before 1 May 2010 the TIO has the authority to make Binding Decisions up to the value of $10,000, and Recommendations up to the value of $50,000. Binding Decisions are legally binding upon the telecommunications company.
If you require legal help regarding any aspect of telecommunications law, then please complete your free legal enquiry form on the right, or click here.
Links to Further Resources - Telecommunications Law & Lawyers
News, updates and further information - Telecommunications Law & Lawyers
Media and telecommunications law, legislation and regulatory bodies and associations in Australia include:
Legislation
Australia
Department of Broadband, Communications and the Digital Economy
Legislation relating to Communications and technology
Commonwealth
Australian Communications and Media Authority Act 2005
An Act to establish the Australian Communications and Media Authority
Broadcasting Services Amendment (Media Ownership) Act 2006
An Act to ammend the Broadcasting Services Act 1992
Do Not Call Register Act 2006
An Act to establish a Do Not Call Register, and for other purposes
Telecommunications (Low-impact Facilities) Determination 1997 (Cth)
This gives the power to install certain types of facilities defined in the act or temporary defence facilities.
Telecommunications Act 1997 (Cth)
An Act about telecommunications
Telecommunications Code of Practice 1997 (Cth)
Carriers must comply with the conditions set out in Schedule 3 in the Ministerial Telecommunications Code of Practice 1997
Telecommunications Competition Act 2002
An Act to amend the law relating to telecommunications
Year 2000 Information Disclosure Act 1999 (Cth)
An Act to encourage the voluntary disclosure and exchange of information about year 2000 computer problems and remediation efforts
Courts & tribunals and their decisions
Australia
Australian Competition Tribunal
The Tribunal is a review body. A review by the Tribunal is a re-hearing or a re-consideration of a matter and it may perform all the functions and exercise all the powers of the original decision-maker for the purposes of review.
If you require legal help regarding any aspect of telecommunications law, then please complete your free legal enquiry form on the right, or click here.
Australian Press Council
Australian Press Council Decisions 1976-
Federal Court of Australia
Federal Court of Australia hears matters concerning federal media and telecommunications laws
Organisations
Australia
Australian Information Industry Association
AIIA helps people play a meaningful role in the broader ICT(Information & Computer Technology) industry by collating and distributing industry statistics; providing opportunities for participation in the industry and promoting the industry through major programs and events.
Australian Mobile Telecommunications Association
AMTA's mission is to promote a socially, environmentally and financially responsible and successful mobile telecommunications industry in Australia. To achieve this, AMTA provides a forum in which all key stakeholders can discuss issues influencing the development of.
Australian Telecommunications Users Group
ATUG is committed to the development of fair and open competition in telecommunications services as well as better prices and better quality services.
Centre for Media and Communications Law
The Centre for Media and Communications Law undertakes large scale research projects, holds public seminars about legal and regulatory developments, supports research visits from Australian and international academics, lawyers and policy makers.
Clayton UTZ
The media and telecommunications industry is characterised by rapid regulatory and technological change. In this environment, Clayton's UTZ advisers provide timely, effective and industry-specific advice. Clayton UTZ advise major telcos, television broadcasters, government.
Communications Alliance
Communications Alliance was formed in 2006 to provide a unified voice for the Australian communications industry. Although the Communications Alliance has its genesis in the merger of the Australian Communications Industry Forum (ACIF) and the Service Providers Association.
Communications and Media Law Association Inc
CAMLA is an association of professionals and academics interested in law and policy relating to communications and the media
Communications Law Centre
An independent, non-profit, public interest organisation specialising in media and communications law and policy.
Communications Law Centre
This site provides Fact Sheets on the following topics: Confidential Information | Disability Discrimination | Privacy
Consumers Telecommunications Network
The Consumers' Telecommunications Network (CTN) is a national coalition of consumer and community organisations that represents community interests in the national policy arena on telecommunications issues. CTN is an important voice promoting better access, quality of.
Electronic Frontiers Australia
Electronic Frontiers Australia Inc. is a non-profit national organisation representing Internet users concerned with on-line freedoms and rights. EFA was formed in January 1994 and incorporated under South Australian law in May 1994. The site provides information about.
Internet Industry Association
The Internet Industry Association is Australia's national Internet industry organisation. Members include telecommunications carriers; content creators and publishers; web developers; e-commerce traders and solutions providers; hardware vendors; systems integrators; banks,.
Internet Society of Australia
ISOC-AU is a non-profit, user-focused society founded in 1996, which promotes development of the Internet in Australia to benefit the whole community, including business, academic, professional and private Internet users.
National Deaf Television
The aim of NDTV (National Deaf Television) is to have a regular Deaf TV program on national television in Australia, with Auslan (Australian Sign Language), captions and voice-overs to make it accessible for everyone.
Office of Film & Literature Classification
The OFLC site enables industry to find out how to apply for classification from the Office of Film & Literature Classification. An overview on the particular application type is provided on this website. A kit with relevant information, instructions to assist with applying.
Telecommunications Industry Ombudsman
The Telecommunication Industry Ombudsman was created to resolve disputes between telecommunications companies, including Internet service providers, and residential and small business customers.
Telephone Information Services Standard Council
TISSC ia an independent regulatory body funded by the telephone information services industry
If you require legal help regarding any aspect of telecommunications law, then please complete your free legal enquiry form on the right, or click here.
International
International Telecommunication Union
An international organization/site, involved in developing and managing telecommunication resources
Society for Computers & Law
UK site to encouragement and development of law-related IT and IT-related law
United States
Electronic Frontier Foundation
The Electronic Frontier Foundation (EFF) was created to defend peoples rights to think, speak, and share ideas, thoughts, and needs using new technologies, such as the Internet and the World Wide Web. EFF is the first to identify threats to basic rights online and to.
Electronic Privacy Information Center
EPIC is a public interest research center in Washington, D.C. It was established in 1994 to focus public attention on emerging civil liberties issues and to protect privacy, the First Amendment, and constitutional values.
Federal Communications Commission
The Federal Communications Commission (FCC) is an independent United States government agency, directly responsible to Congress. The FCC was established by the Communications Act of 1934 and is charged with regulating interstate and international communications by radio,.
Reporters Committee for Freedom of the Press
The Reporters Committee for Freedom of Information, is an "nonprofit organization dedicated to providing free legal assistance to journalist". This site is concerned with the rights and privileges of journalists in gaining access to any information deemed in the public.
Organisations - Government
Australia
ACMA - How regulation works
Austrlian Communications and Media Authority is the government body responsible for the regulation of broadcasting, the internet, radiocommunications and telecommunications. This site provides information about ACMA's role in each area.
Australia. Parliament. Senate Information Technologies Committee
This site contains the on-line pages of the Senate Select Committee on Information Technologies of the 39th Parliament of Australia.
Australia. Parliament. Senate Standing Committee on Environment, Communications, Information Technology and the Arts
Reports and hearings into telecommunications and broadcasting legislation.
Australian Communications and Media Authority
The Australian Communications and Media Authority (ACMA) is responsible for the regulation of broadcasting, radiocommunications, telecommunications and online content.
Australian Competition & Consumer Commission
The Telecommunications Group has prime responsibility for administering the Commission's functions for competition and economic regulation of telecommunications
DBCDE All funding, programs and support
Find information on all the forms of funding and other support the Department makes available to organisations, industry and individuals, with links to relevant guidelines and application forms.
Department of Broadband, Communications and the Digital Economy
This site contains links to resources and news about conmmunications and technology and links to policy and legislation regarding media and broadcasting and Australia post.
National Competition Council
The National Competition Council was established by all Australian governments in November 1995 to act as a policy advisory body to oversee their implementation of National Competition Policy (NCP).
NetAlert
NetAlert is the Australian Government’s internet safety initiative which consists of a wide range of activities.
If you require legal help regarding any aspect of telecommunications law, then please complete your free legal enquiry form on the right, or click here.
Commonwealth
Australian Government Information Management Office
Info Access provides a gateway to connects to Government information from a variety of sources, including fed.gov.au - the Commonwealth Government Entry Point.
Publications
Australia
Convergence and the Cross-Media Rules
Media such as television, telecommunications and computer services are becoming integrated, or converging. This increases the number of media outlets, and means that ownership limits are no longer required to preserve media diversity and regulatory distinctions are being.
Household Broadband Access in Australia
This is a Research Note on the Broadband situation in Australia. It looks at technical issues and contains statistics on the take up of broadband in Australia and overseas
Media & Entertainment Publications
Holding Redlich is a leading Australian Law firm practising in the following areas-film and television, media and broadcasting, advertising and marketing and information technology. The firm is a frequent adviser to a number of peak bodies in Australia.
Media Ownership Regulation in Australia
The e-brief covers the Australian Constitutional Position, the Australian Broadcasting Authority Media Ownership Controls. As well as foreign Investment in the Media and background information to the Media Ownership Rules, government policy and legislation
Commonwealth
3G, or not 2G: that is the question---of mobile telephone futures
Following the massive investment in third generation (3G) mobile telephone systems, it is now time for the roll out of new services and their innovative content. But will 2G users change over at any price to access mobile TV or Internet? How will the regulators cope with the.
Going digital—digital terrestrial radio for Australia
This paper provides a simple explanation of the major digital radio standards and a brief history of their development. It particularly examines the standard chosen for Australia, the Eureka 147 standard (known also as Digital Audio Broadcasting or DAB).
International resources
Australia
WWW Virtual Library Communications and Media
The site contains contains a list of national and international TV and radio broadcasters. Also the site describes a range of technologies which allow control of distribution and access to digital information.
International
Guide to Internet Law
The Internet Society provides this guide as a public service for all interested parties. The guide offers links to the most useful legal research sites on the Internet along with brief descriptions.
Hieros Gamos Communications Law
This site of Hieros Gamos covers international communications law and regulations. It only indirectly touches on the technology of communication, computers and intellectual property.
Hieros Gamos Technology and Cyber Law
This section focuses on the effects of technology and the law
Spam Laws
World internet sites relating to SPAM Law
Telecoms Virtual Library
The Telecoms Virtual Library is a free index of telecommunications companies and currently holds 8343 links to other telecommunications sites worldwide, indexed by subject.
United States
United States Communication Law (Cornell University)
This site is concerned with the regulation of radio and TV broadcasting to insure satisfactory service at a federal level in the United States
United States Media Law (Cornell University)
United States Federal and State Media Law
WashLaw Web - Multimedia Law
A free service of Washburn University School of Law. This site is the multimedia law resource page with links to multimedia law related websites, listservs, and research guides.
General Media & Telecommunication sites
Australia
Australasian Legal Information Institute - Media & Communications
Links to Media and Communications sites.
Australasian Legal Information Institute- Media & Communications - Telecommunications
Links to Telecommunications sites.
Australian Press Council - Press Law in Australia
The Australian Press Council is the self-regulatory body of the print media. It was established in 1976 with two main aims: to help preserve the traditional freedom of the press within Australia and ensure that the free press acts responsibly and ethically.
Media Law Workstation (University of Technology Sydney)
The Media Law Workstation is no longer being updated. This is an archive of the 1998 version of the Media Law Workstation. Laws and statements may not be current on this site
Nicholls Legal - Publications
Technology & Communications Law News Items
Parliamentary Library Censorship Law Information
Censorship resources and Law in Australia
Voice&Data Online
This site provides telecommunications and data communications professionals with a complete information source on the industry in Australia and New Zealand.
Multi-jurisdictional
Australia Findlaw for Legal Professionals - Communications, Technology & Media Law
The Technology and Media section contains extensive Australian legal information in the following areas of law: Intellectual Property Law, Communications, Technology & Media Law, Entertainment, Sports & Leisure Law, and Science & Biotechnology Law.
Oz Guide Media
Internet Information Sources for Australian Journalists enables you to find experts and contacts, and Net-based sources of Australian facts or background information, such as business information, cases, databases, directories, government information, legislation, reports,.
University of Melbourne Legal Resource Centre - Media Law
The LRC holds about 180,000 printed volumes on-site and the equivalent of about 30,000 volumes in microfiche or microfilm. Additionally we have a large range of online databases containing many primary and secondary law resources. These databases can be accessed from within.
Journals
Australia
ACMA Bulletins (Australian Communication and Media Authority)
The following 3 publications are available from this site: ACA Connections Consumer Bulletin Performance Monitoring Bulletins
Gazette of Law and Journalism
Articles, analysis, cases, theories and snippets on the Law and Journalism.
Media & Arts Law Review
The Media & Arts Law Review is a quarterly, refereed journal examining all areas of media and arts law, including: Communications, Contempt, Copyright, Cultural Heritage, Defamation, Digitisation, Entertainment, Free Speech, Intellectual Property, Journalism, Privacy and.
Media International Australia incorporating Culture and Policy
Media International Australia incorporating Culture and Policy publishes new scholarly and applied research on the media, telecommunications, and the cultural industries, and the policy regimes within which they operate.
International
International Journal of Communications Law and Policy
International Journal of Communications Law and Policy, edited by legal scholars. The journal is devoted to the changing law, policy and technology of media regulation around the world.
United States
CommLaw Conspectus Journal of Communications Law and Policy
CommLaw Conspectus is one of the fastest growing law journals in America. CommLaw Conspectus's role as a communications law journal is to provide critical analysis of the laws and policies that affect this industry.
News Media and The Law
"The News Media & The Law" is an electronic quarterly publication. Published by The Reporters Committee for Freedom of the Press. The publication contains reports on access to electronic records and to juvenile court proceedings, supoenas issued to journalists and the issue.
Policy and Research
Australia
Current Communication Law Centre Projects & Services
The Communications Law Centre (CLC) is an independent, non-profit, public interest organisation specialising in media, communications and online law and policy. CLC works in four main areas: research, teaching, public education and legal advice.
Department of Broadband, Communications, and the Digital Economy
The Research Statistics and Technology Branch supports the development of policy and programs in communications, information technology, arts and sport, by providing economic, statistical, mapping, modelling and other research support.
Digital Television and Datacasting - E Brief
The E brief contains a list of the most useful sites relating to the introduction of digital television and datacasting in Australia. Other topics are Policy and Legislation, Developments relating to Datacasting, Digital Consumer Equipment and Services, Recent Developments.
Electronic Frontiers Australia
Proposed Internet censorship laws. On 20 August 2003, in a media release titled Using internet for offensive and menacing purposes to be outlawed, the Minister for Communications, Information Technology and the Arts, Senator Richard Alston, and the Minister for Justice and.
La Trobe University Online Media Program
The Program's primary aim is to undertake social and policy research related to the development and regulation of online media services.
Media ownership deregulation in the United States and Australia: in the public interest?
Research Paper no.1 2007-2008 issued July 2007.
Media Ownership Regulation in Australia (E- Brief)
E-Brief: Online Only issued 22 October 2001; updated 26 March 2002; updated 16 June 2003; updated 30 May 2006.
SPAM or junk e-mail
Spam, or electronic 'junk mail', has increased so sharply in recent years that it is threatening the viability of email. Spam messages are often fraudulent, offensive or annoying, and they often carry viruses. Many countries are now introducing legislation to ban or regulate.
Reviews and Investigations
Australia
Australian Communications and Media Authority
On this site you will find all information relating to things currently happening or soon to be happening at ACMA, also information about major current investigations, recent activities ACMA has undertaken, issues for comment, any new licence allocations, draft documents or.
Australian Communications and Media Authority Investigations
The report of the Telecommunications Service Inquiry (TSI), Connecting Australia: Report of the Telecommunications Service Inquiry, released on 30 September 2000, provided an assessment of the adequacy of telecommunications services in metropolitan, regional, rural and.
Community Television: Options for Digital Broadcasting
First report of the Inquiry into community broadcasting.
Inquiry into the Crimes Legislation Amendment (Telecommunications Interception and Other Measures) Bill 2005
On 11 May 2005, the Senate referred the above Bill to the Senate Legal and Constitutional Legislation Committee for inquiry and report by 14 June 2005. The Bill will amend the Criminal Code Act 1995 (the Criminal Code) to extend the defences to certain offences under Part.
Inquiry into the provisions of the Broadcasting Services Amendment (Anti-Siphoning) Bill 2004
This site contains Information about the Inquiry into the provisions of the Broadcasting Services Amendment (Anti-Siphoning) Bill 2004. The Senate has referred the provisions of this bill to the Committee for inquiry and report by 7 March 2004. The purpose of the bill is to.
International Telecommunications Market Regulation Inquiry (Productivity Commission)
Public inquiry into International Telecommunications Market Regulation
Parliament of Australia Senate Environment, Communications, Information Technology and the Arts Legislation Committee
Senate Environment, Communications, Information Technology and the Arts Committee Completed Inquiries
Productivity Commission Review of Radiocommunications Acts...
The public inquiry, Review of Radiocommunications Acts and of the Market Based Reforms and Activities undertaken by the Australian Communications Authority, has concluded. The inquiry report was released by the Commonwealth Government on 5 December 2002.
Productivity Commission Telecommunications Competition Regulation
The report of the public inquiry, into Telecommunications Competition Regulation was released on 21 December 2001
Tuning in to Community Broadcasting
Second report of the Inquiry into community broadcasting.
Commonwealth Government Resources
Commonwealth Regulatory and Administrative Authorities
- The Australian Communications and Media Authority (ACMA) was created on 1 July 2005, following the merger of the Australian Broadcasting Authority and the Australian Communications Authority.
- The Australian Competition and Consumer Commission site contains speeches, press releases and other policy material dealing with competition aspects of telecommunications policy.
- The Department of Broadband, Communications, and the Digital Economy (DBCDE) site provides extensive access to media releases, policy documents and related sites.
- The Australian Government Information Management Office (AGIMO) develops and coordinates information policy, including online services and information technology.
- The Classification Board and Classification Review Board administers Australia's censorship and classification policy.
- The Online and Communications Council comprises members of the Commonwealth, state/territory and local governments who are responsible for policy on online issues and the information economy. The site contains information on the activities of the Council as well as links to the relevant state and local government authorities.
Commonwealth Government - Other Organisations
- Australian Broadcasting Corporation (ABC)
- Australian Film Television and Radio School
- Special Broadcasting Service (SBS)
- Telstra Corporation
Commonwealth Legislation
- The Australian Broadcasting Corporation Act 1983 provides for the establishment and operation of the ABC.
- The Australian Communications and Media Authority Act 2005 establishes the ACMA for the regulation of broadcasting, radiocommunications and telecommunications.
- The Australian Film, Television and Radio School Act 1973 provides for the establishment and operation of the School.
- The Broadcasting Services Act 1992 provides for the regulation of broadcasting services by the Australian Broadcasting Authority.
- The Radiocommunications Act 1992 establishes the radiocommunications regulatory regime.
- The Special Broadcasting Service Act 1991 provides for the establishment and operations of the SBS.
- The Telecommunications Act 1997 provides for the regulation of telecommunications.
- The Telstra Corporation Act 1991 provides for the ownership and operations of Telstra.
Media and Telecommunications Research and Links
Research Sites
- The Australian Centre for Independent Journalism, based at the University of Sydney, is an organisation that aims to stimulate the production of high quality investigative journalism.
- The International Institute of Communications is an organisation for international debate about communications.
- The Australian Children's Television Foundation develops and produces high quality television programs for children.
- Young Media Australia is a community based organisation that deals with issues concerning children and the media.
- The La Trobe University Online Media Program provides information and links on Australian social and policy research in telecommunications.
- The Communications Law Centre is a public interest, research and education organisation specialising in media and communications law and policy. The site contains an extensive range of material and links relevant to the subject.
- The Information and Telecommunications Needs Research Group site has information on the group and its work.
- The Convergent Communications Research Group is a virtual research centre.
- The OECD provides information about Information and Communication Technologies.
- Australian TV ratings are compiled by OzTAM which conducts television audience measurement (TAM), covering the five city metropolitan areas and nationally for Subscription TV. The most recent weekly viewing reports are available free of charge, more data are available through subscription.
National Organisations
- The Australian Film Commission is a government agency which ensures the creation, preservation and availability of Australian audiovisual content. It manages Get the Picture, the AFC's comprehensive collection of media statistics.
- The Australasian Performing Rights Association / Australasian Mechanical Copyright Owners Society work to ensure music publishers and writers receive royalties.
- The Advertising Standards Bureau administers a national system of advertising self-regulation through the Advertising Standards Board and the Advertising Claims Board.
- The Australian Interactive Media Industry Association is the peak body for interactive content and digital media in Australia.
- Broadcast Australia owns and operates the most extensive multimedia transmission infrastructure in Australia, and provides analogue and digital television and analogue radio for the ABC and SBS.
- Commercial Radio Australia is the national industry body representing Australia's commercial radio broadcasters.
- Free TV Australia (formerly Commercial Television Australia) is the industry body that represents Australia's commercial free-to-air televisionl licencees.
- The Community Broadcasting Association of Australia is the peak body for community radio and television stations.
- The Media, Entertainment and Arts Alliance is the union and professional organisation for people in the media, entertainment, sports and art industries.
- Nielsen Media Research provides statistical information about television and radio.
The Telecommunications Industry Ombudsman Scheme is a free and independent alternative dispute resolution scheme for small business and residential consumers in Australia who have a complaint about their telephone or internet service.
Established in 1993 and provided for under a Federal Act of Parliament, the TIO Scheme is operated by Telecommunications Industry Ombudsman Ltd and is independent of industry, the government, and consumer organisations.
The TIO is authorised to investigate complaints about the connection or supply of telephone or internet services.
The TIO aims to settle disputes quickly in a fair, objective and non-bureaucratic way, having regard not only to the law and to good industry practice, but also to what is fair and reasonable in all the circumstances.
Complaints to the TIO can be made online or by phone, fax, email, in writing, via TTY or in person. Complaints may be made by the person with the problem or by a person authorised to represent the complainant.
Powers of the TIO
The general role and powers of the TIO are included in the Telecommunications (Consumer Protection and Service Standards) Act 1999. Copies of this Act are available from the Commonwealth Government.
The TIO has the authority to make Binding Decisions up to the value of $30,000, and Recommendations up to the value of $85,000. For complaints received by the TIO before 1 May 2010 the TIO has the authority to make Binding Decisions up to the value of $10,000, and Recommendations up to the value of $50,000. Binding Decisions are legally binding upon the telecommunications company.
The TIO also has the power to exercise its discretion not to investigate or further investigate a case in certain circumstances.
See TIO Complaint Handling Procedures: About the TIO for more information.
Complaints dealt with by the TIO
The TIO deals with complaints where the complaint is within the TIO's jurisdiction (set out below).
On receiving a complaint, the TIO will ask whether the consumer has given the service provider an opportunity to consider the complaint.
The complaint must be made to the TIO within 12 months of the consumer becoming aware of the circumstances surrounding the complaint. The time limit may be extended by a further 12 months in certain cases.
The TIO will not handle a complaint issue that is specifically under consideration in legal proceedings.
Jurisdiction of the TIO
The TIO has jurisdiction to receive, investigate and facilitate the resolution of complaints where the complaint is about:
telecommunications services ("carriage services")
billing of content services
access to or use of land by a carrier
billing for carriage services, or
providing or supplying (or failure to provide or supply) carriage services.
These can include complaints about:
the standard telephone service
mobile services
internet services
pay-phones
delays in telephone and internet connections
printed and electronic White Pages
fault repairs
privacy
access to or use of land by a carrier, or
compliance with the Customer Service Guarantee Standard or industry Codes of Practice.
The TIO cannot handle complaints concerning:
the setting of tariffs and charges
privately-owned telecommunications equipment, other than the rented handset supplied with a basic phone service and telecommunications equipment sold as a part of a bundled contract
cabling, except cabling up to the first telephone socket in a premises
matters of telecommunications policy
the 000 emergency service
anti-competitive behaviour or restrictive business practices, or
the content of ‘information services’, eg. 1900 numbers and internet content.
See the TIO Constitution for more information.
Structure of the TIO Scheme
The structure of the TIO Scheme is designed to ensure its independence. The TIO Scheme is governed by a Council and a Board of Directors of Telecommunications Industry Ombudsman Ltd, and the Scheme is managed by an independent Ombudsman appointed by the Board on the recommendation of Council.
The Council is comprised of five TIO member representatives and five consumer representatives, with an independent Chairman. While the Ombudsman has responsibility for the day to day operations of the scheme, the Council provides advice to the Ombudsman on policy and procedural matters.
The Board has corporate governance responsibilities including financial management of the scheme and ensuring compliance with the Memorandum and Articles of Association and the Constitution. With the exception of the independent director, who is appointed by the Board itself, directors are appointed by the TIO membership.
How the scheme is funded
The TIO is an industry-funded scheme, deriving its income solely from members who are charged fees for complaint resolution services provided by the TIO. Members consist of telecommunications carriers, telephone carriage providers and internet service providers.
A member is only charged complaint handling fees if the TIO receives a complaint from one of its customers. Therefore, the funding system acts as an incentive for members to keep TIO investigations to a minimum by developing and maintaining effective complaint handling and customer service procedures.
Relationship to industry and government
The TIO is independent of telecommunications companies, consumer groups, and government. However, the TIO provides information and assistance to organisations where this is required by law, or where this will help the industry and consumers to resolve complaints without investigation by the TIO.
Communications Alliance is a non-government body comprised of industry representatives that develops Codes of Practice for telecommunications providers. The TIO assists Communications Alliance in developing Codes by providing information and other feedback on complaints received by the TIO.
The TIO may refer systemic problems, identified through complaint statistics, to the Australian Communications & Media Authority, Australian Competition and Consumer Commission, the Privacy Commissioner or other appropriate bodies.
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