From mid-September 2024, the Telecommunications Industry Ombudsman (TIO) will be implementing changes to its reclassification approach. The TIO have also released Guidelines about its approach to ‘reasonable first contact’ as well as a Member Briefing Pack to provide further information about the changes, both of which can be found on the TIO Member Portal.
From mid-September, reclassification requests made by a provider will only be granted if the provider can demonstrate that the complaint was resolved prior to the consumer making contacting with the TIO about the complaint. This means that reclassification requests will be declined if the complaint was resolved only after consumers contacted the TIO. In addition, the TIO will be increasing the “chance to consider” timeframe from 6 months to 2 years. Under this new approach, consumers can bring an unresolved complaint they raised with their provider in the last 2 years.
In addition, according to its Guidelines, the TIO will consider the following as reasonable attempts to make contact with their provider, before the consumer can raise the matter with the TIO:
- Where a consumer is unable to speak to a telco representative after being on hold for what is an ‘unreasonable period of time’;
- Where a consumer is redirected between multiple departments during a phone call, without having their issue addressed;
- Where a consumer is forced to contact the provider via multiple methods (e.g. webchat, in-store, by phone call) without having their issue addressed;
- Where a consumer is told the provider will make contact with the consumer by a certain time, and the consumer does not hear from the provider by the scheduled time; and
- Where a consumer with special needs is unable to contact the provider as the provider does not provider alternative methods of contact.
In light of these changes, it is important that you ensure your complaints handling processes align with these expectations and your staff are aware and well trained to deal with complaints. Remember, a consumer does not have to explicitly say they would like to make a “complaint” to invoke the complaints handling process.
IAA has raised concerns with the TIO about its new approach. In particular, its new guidelines on what constitutes ‘reasonable attempt to make contact’ may be too vague and sets the bar for a consumer to ‘attempt to make contact’ with a provider too low, potentially resulting in vexatious complaints being lodged with the TIO and imposes a higher standard for complaints handling than required by regulation. The TIO has assured IAA that while it will consider a consumer’s complaint in good faith, the Guidelines are intended to ensure a genuine attempt of contacting the provider has been made, and complaints will be considered on a case-by-case basis.
If you have any questions or would like to discuss the TIO reforms further, please contact us at policy@internet.asn.au.
