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Amendments to Constitution

In December 2011, the TIO Council approved a number of amendments to our Constitution and recommended to the Board that these be adopted. The Board approved the amendments, which have also been the subject of consultation with the Federal Ministers with responsibilities for Telecommunications and Consumer Affairs.  The most substantial new provisions concern the monetary limits for complaints handled by the TIO, and our information collecting powers. The amendments came into effect on 1 July 2012.

Monetary limits

There has been a significant increase to the amounts that we can make directions or recommendations for (clauses 6.1(a) and 6.2 of the TIO Constitution). The amount that we have the power to make legally binding directions for has increased from $30,000 to $50,000. The amount that we have the power to make recommendations for has increased from $85,000 to $100,000. There has been an increase to the monetary limit for our arbitration powers to $100,000 (clause 6.4 of the TIO Constitution). These new limits only apply to new complaints received after 1 July 2012.

Providing information and documentation

Previously, the TIO Constitution only required that members provide documentation in response to a standard or systemic investigation. To make this requirement clearer, amendments to clauses 5.1(c) and 5A.2(f) now mean that service providers need to provide both documents and information relevant to a complaint, if this is requested by the TIO.

Determinations

The Ombudsman or Deputy Ombudsman can issue a determination if a complaint is not resolved through our processes of referral, conciliation or investigation. Our determinations are legally binding on service providers.

Very few determinations are issued each year. Generally the parties are likely to resolve the disputes at an earlier stage of the complaint handling process. In 2011-12, there were no determinations issued.

Determinations

The Ombudsman or Deputy Ombudsman can issue a determination if a complaint is not resolved through our processes of referral, conciliation or investigation. Our determinations are legally binding on service providers.

Very few determinations are issued each year. Generally the parties are likely to resolve the disputes at an earlier stage of the complaint handling process. In 2011-12, there were no determinations issued.