Acting on non-compliance
Under the Telecommunications (Consumer Protection & Service Standards) Act 1999 eligible carriage service providers are required to join and comply with the TIO Scheme. We do not enforce this legislation – that is the role of the Australian Communications and Media Authority (ACMA). However, the ACMA cannot exercise its enforcement power without the information or evidence we provide. When we believe a service provider does not comply with the TIO Scheme, we will refer them to the ACMA.
Some issues that can be considered non-compliant behaviour include failing to provide information about a complaint, failing to comply with determinations or failing to comply with an industry code. The vast majority of service providers who are part of the scheme work cooperatively with us, and historically only very few service providers (if any) are required to be referred to the ACMA due to non-compliance. In 2011-12 we made three referrals to the ACMA for non-compliance.
We may also refer service providers who do not apply for membership of the TIO when it is appropriate to do so. In 2011-12, we referred 12 service providers to the ACMA concerning TIO membership.