In essence, ACCAN argues that better resourcing of the TIO and an improved governance structure will provide the regulator with much-needed teeth and encourage effective action on behalf of consumers.
The submission was provided to the national Department of Broadband, Communications &the Digital Economy in connection with the review of the TIO scheme, ACMA's Reconnecting the Customer Inquiry and revision of the Telecommunications Consumer Protection Code (TCP Code) revision.
ACCAN is particularly critical of the "antiquated" dual governance structure. The submission comments that -
The original governance structure which remains today created two bodies, a Board and a Council. As noted in the joint submission by former Telecommunication Industry Ombudspersons, John Pinnock, Deirdre O’Donnell and Simon Cleary "this structure was modeled on the first industry ombudsman scheme in Australia ... and was subsequently adopted in insurance, financial complaints and energy ombudsman schemes in Victoria and NSW."The submission features the following recommendations -
The dual structure established in 1993 remains today and limits consumer representation to the Council. The Board is appointed solely by its members (namely industry). There are no consumer representatives on the Board. Consumers are only represented on the TIO Council. The Board has the power to appoint or veto the appointment of key people, including the independent Chair(s) of the Board and Council and the Ombudsman and Deputy Ombudsman. While the Council can make recommendations as to whom should be appointed, the Board makes the ultimate decision.
The governance structure of the TIO may have worked when it was first established. However, ACCAN believes the TIO now needs a structure that is truly independent, establishes the scheme as a joint initiative of suppliers and customers and allows the scheme to respond quickly to the changing communications environment.
1. That the governance structure be amended to include equal representation of industry and consumer representatives..
2. The governance structure be amended to a unitary structure, with an independent Chair.
3. The TIO expand its jurisdiction to include pay TV.
4. That it be a standard practice for the TIO to collect demographical information about TIO users, including sex, age, ethnicity, disability, level of income.
5. That a base-line survey regarding TIO awareness and accessibility be conducted, with a follow up survey 3 years later.
6. The TIO increases awareness of their services by targeting the different media that different groups access, including local, regional, disability, ethnic, Aboriginal and community radio, television, newspapers, social media and websites.
7. The TIO raise awareness of their services amongst local community agencies, including women's centres, migrant resource centres, media organisations, Art Centres and other community organisations.
8. The TIO develops materials for some of the main Aboriginal and Torres Strait Islander language groups in Australia.
9. The TIO increases the amount of information available on its website and in hardcopy in different languages and alternative formats, including: Braille, HTML/RTF, Large print, easy English, Audio and Auslan.
10. That TIO materials, including on the website, must indicate that people can make complaints in person at TIO offices, via an interpreter. Contact details are provided to make an appointment.
11. The TIO promotes more widely the availability of the Telephone Interpreting Services to facilitate CALD consumers contacting the TIO.
12. The TIO expands its hours of operation until 8pm Monday- Friday, including accommodating time differences across Australia.
13. The TIO and Government include the active participation of young people pursuant to the United Nations Committee on the Rights of the Child, General Comment 12: The Right to be Heard.
14. The TIO and government undertake education with all consumers, including youth, about consumer rights to seek to prevent complaints arising in the first place.
15. The TIO’s website be redesigned to ensure information is easy to find and accessible to all.
16. TIO-published case studies be expanded, and an index of case studies, linked to position statements, be created and be available in print and on-line.
17. Where a significant systemic issue is identified as affecting a particular demographic, the TIO increase advertising about their services through the media that affected group(s) accesses.
18. The government promotes awareness about the TIO through its different departments including: as part of the settlement process for refugees, the citizenship test preparation for migrants and through Centrelink publications and Centrelink correspondence to those who receive Centrelink benefits.
19. That brochures outlining complaint options must be available in all suppliers’ stores, on their websites and on request.
20. Suppliers must prominently publicise the availability and accessibility of external process for resolving disputes in Supplier stores, on Supplier websites and on telephone-based customer information services.
21. Information about the TIO, including contact details should be included in communications from Suppliers to their customers, including, but not limited to: all contracts and billing documents, late notices, disconnection notices and other credit and debt collection activities.
22. The customer should be made aware of the TIO’s role in the complaint handling process from the earliest possible stage (not only after the customer expresses dissatisfaction).
23. Suppliers must provide customers with information about the TIO at the time the customer is told about the Supplier’s internal complaints process and at the time the customer is told about the final outcome of the internal process if the customer is not wholly satisfied.
24. The TIO scheme be described as the office of second resort and not an office of last resort.
25. At level 1 entry, the TIO contact the telecommunications provider directly in writing to inform them of a complaint and the telecommunications provider contacts the customer with the complaint directly within 48 hours.
26. The TIO should only close a Level 1 complaint when the customer indicates it is resolved.
27. The TIO should be empowered to “register” a complaint, refer it to the relevant member and ensure it is actioned by that member.
28. The TIO undertake research into the incidence of and circumstances whereby complaints are discontinued.
29. Introduce an SMS call back scheme to assist low-income consumers to contact the TIO.
30. Services assisting clients to access the TIO, including community legal centres, financial counseling services and other community groups, must be adequately funded for this work.
31. A full and proper review of the costing of level 1 complaints be undertaken with consideration on how to provide better financial incentives to improve IDR.
32. TIO should engage in general education campaigns with their members.
33. The TIO invite consumer advocates to identify and provide information to the TIO about systemic issues.
34. Service providers found in breach of their obligations be publicly named.
35. Additional and meaningful information about complaints be made publicly available at more regular intervals. ACCAN would like to see the following metrics:
• The number of matters escalated due to supplier non-response36. The Ombudsmen, with advice from the TIO Council should publish a public information policy to guide the availability of data to the public.
• The percentage of cases successfully resolved disaggregated by TIO member
• The average time it takes a complaint to be resolved disaggregated by TIO member
• The likelihood of a customer having a complaint (complaint per 10,000 customers) disaggregated by TIO member
37. Members be charged per complaint issue.
38. A licensing process be introduced for all carriage service providers.
39. ACMA be given the powers to revoke a license for a breach of a TIO determination and/or any other serious breach.
40. The TIO be subject to a public independent review every five years.
41. A supplier should be named in a determination.
42. It should be mandatory for the TIO to refer non-compliance of a determination to ACMA.
43. A simpler, more cost effective, and quicker enforcement and penalty system needs to be put in place, where relevant breaches can be taken to the Federal Magistrates Court for determination.
44. Stronger consumer protections, including standards and changes in legislation should be made.
45. A standard regarding complaints handling be introduced.
46. The TIO or regulator be given the power to audit supplies’ internal complaint handling schemes to see if they are compliant with the relevant Australian Standard on complaints handling.
47. The TIO should be able to award consumers a financial sum payable by the supplier where the supplier has acted in breach of its consumer protection obligations.
