2 Year at a Glance Disability Services 42 Claiming Compensation 6 Statement by the for Business Loss 42 Chairman of the Board Disconnection 43 8 Statement by the Faults 43 Chairman of the Council Land Access 44 Payphones 45 10 Ombudsman’s Overview Phone Cards 45 14 Operations – Administration Priority Assistance 46 Porting 46 Funding 14 Privacy 46 Governance 16 Silent Line Disclosure 48 Organisation Chart 17 Provision 48 TIO Administration 18 Public Affairs 18 50 Mobile Service Issues
Member Services 20 Overview 50 contents 22 Operations – Billing 51 Complaint Handling Contracts 52 Credit Control 54 Jurisdiction 22 Customer Service 55 TIO Position Statements 23 Directories 55 Members Publicising the TIO 24 Disability Services 55 Systemic Complaints Investigation Procedure 24 Disconnection 55 Relationship with Industry Faults 55 and Government Agencies 25 Porting 57 Industry Codes 25 Privacy 57 Reports to Members 26 Provision 57 Quality Assurance and Staff Training 26 58 Internet Service Issues Investigations Audit 27 Overview 58 Billing 59 28 Complaint Handling Broadband 60 Performance Contracts 62 Definitions 28 Credit Control 62 Classifying and Escalating Customer Service 62 Complaints 29 Churn/Transfer 62 Resolving Complaints and Deciding What is Fair and Reasonable 29 Disconnection 63 Determinations 30 Faults 63 Complaint Handling Performance 30 Privacy 64 Provision 64 34 Landline Service Issues Overview 34 65 Systemic Issues Investigations Billing 35 68 Consumer Codes Contracts 37 Credit Control 38 74 Complainant Statistics Customer Service 39 78 Member Complaint Statistics Customer Service Guarantee 39 Connect Outstanding 40 82 Glossary Customer Transfer 40 85 TIO Member List Directories 41 95 Financial Report 1 Telecommunications Industry Ombudsman Annual Report 2004 at a glance a at Year at a Glance
The TIO handled 75,904 contacts in 2003/04 – a 4.3% increase on last year’s total of 72,771. Total contacts included 16,054 out of jurisdiction enquiries and 59,850 complaints. The 59,850 complaints investigated in 2003/04 were 7.8% more than the 55,515 complaints investigated last year. A single complaint may contain more than one complaint issue. In 2003/04 the TIO recorded 68,020 complaint issues, up from 62,670 last year. 53.2% of complaint issues handled by the TIO were about landline services, 31.6% were about mobile services and 15.3% were about internet services. 89.7% of complaints were resolved at Level 1, compared with 88.6% last year.
Where did they come from? Areas of Note 91.7% of complaints were made by 62.0% of complaints were resolved partially residential consumers, 7.5% were made or substantially in favour of the complainant, by small businesses and 0.9% were made 21.5% were resolved partially or substantially by government bodies or charities. in favour of the Member. Credit control complaints across landline, 56% of complainants were men. mobile and internet categories rose by 28.1%, 50.2% and 75.0% respectively. 87.6% of complaints were lodged by telephone, 8.0% were lodged by email, Complaints about mobile services showed 3.1% were submitted in writing and the greatest increase of all the technology 1.1% were sent by fax. areas, rising from 16,773 last year to 21,465 this year. Our Members Mobile-related fault complaints rose by 80.0% on 2002/03, with an additional 1,641 The TIO has 1,043 Members up from complaints; and complaints about landline 910 last year. faults increased by 21.6% from last year, with an additional 654 complaints. The surge 234 new Members joined the TIO Scheme in mobile complaints was partly due to an in 2003/04 and 101 Members departed. extension of the TIO’s Constitution in late 2002, which allowed it to investigate mobile The vast majority of Members, 85.5%, handset faults. paid nothing to the TIO during 2003/04. Only 151 Members (14.5%) were charged Complaints about mobile contracts increased for complaints. by 37.3% from 2002/03, an increase of 1,555.
Complaints about internet provisioning more than doubled from 519 to 1,340. 82.3% were about the provisioning of ADSL services, which reflects the growing move to broadband.
All statistics have been rounded to one decimal place. In some cases, this may produce totals that are slightly more or less than 100%. For a definition of the terms that the TIO uses to categorise contacts with complainants, please see Definitions, page 28. 2
Telecommunications Industry Ombudsman Annual Report 2004 100000 10000 20000 30000 40000 50000 60000 70000 80000 2000 4000 6000 8000 0 0 0 0 0 0 Complain T otal Enquiri T otal Complain
Complaints 59,850 t I 2000/2001 80,710 ssues 2003/2004 es , Complain
t I Enquiries 16,054 2001/2002 70,234 ssues Sin Contacts 75,904 2002/2003 62,670 ts an
ce 2000/01 Issues 68,020 2003/2004 68,020 d Telecommunications2004 IndustryOmbudsmanAnnualReport 100000 1000 2000 3000 4000 5000 6000 7000 8000 2000 4000 6000 8000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 T otal Complain T otal Con
2000/2001 72,264 2000/2001 98,853 tacts Sin
2001/2002 62,275 ts Sin 2001/2002 85,927 ce 2000/01 2002/2003 55,515 ce 2000/01 2002/2003 72,771
2003/2004 59,850 2003/2004 75,904
3 Year at a Glance
Complaint Breakdown (%) Complaint Outcomes (%)
60 59.4% 50 44.7% 53.2% 50 40
40 30 31.6% 30 26.8% 20 18.1% 17.3% 20 16.4% 15.3% 13.9% 10 10 3.4% 0 0 Neutral of Member 2002/2003 2002/2003 2002/2003 2003/2004 2003/2004 2003/2004 Substantially in of Complainant of Complainant Partially in favour Partially in favour favour of Member Mobile Internet Land Line Substantially in favour
Complaint Mix (%) Complaint Type (%)
4,2-3 3 4 1 2
1
5
Type Total % 1 July 2003 to 30 June 2004 Level 1 53,665 89.7 1. Business 7.5% Level 2 4,650 7.8 2. Charity 0.1% Level 3 1,494 2.5 3. Community 0.1% Level 4 41 0.1 4. Government 0.7%
4 Total 59,850 100.0 5. Residential 91.7%
Telecommunications Industry Ombudsman Annual Report 2004 10 15 20 25 30 35 10 15 20 25 30 10 15 20 25 30 35 40 0 5 0 5 0 5 % % % Lan In Mo tern bile Is
Billing 3,233 / 31.1% Billing 4,756 / 22.2% Billing 12,998 / 35.9% dlin et Is e I Customer Transfer 16 / 0.2% Contracts 5,719 / 26.6% Customer Transfer 3,043 / 8.4% sues sues ssues
Contracts 786 / 7.6% Credit Control 3,566 / 16.6% Contracts 563 / 1.6%
Credit Control 406 / 3.9% Customer Service 2,710 / 12.6% Credit Control 5,528 / 15.3%
Customer Service 1,901 / 18.3% Directories 20 / 0.1% Customer Service 4,451 / 12.2%
Disconnection 337 / 3.2% Disability Services 1 / 0.0% Directories 790 / 2.2% Telecommunications2004 IndustryOmbudsmanAnnualReport Faults 2,274 / 21.9% Disconnection 318 / 1.5% Disability Services 23 / 0.1%
Privacy 95 / 0.9% Faults 3,692 / 17.2% Disconnection 522 / 1.4%
Provision 1,340 / 12.9% Land Access 2 / 0.0% Faults 3,676 / 10.2%
Porting 290 / 1.4% Land Access 469 / 1.3%
Privacy 268 / 1.2% Pay-Phones 36 / 0.1%
Phone Card/ Provision 123 / 0.6% 393 / 1.1% Smart Card
Porting 70 / 0.2%
Privacy 908 / 2.5%
Provision 2,697 / 7.5%
5 Chairman of the Boardtheof Chairman Statement by the Chairman of the Board
The TIO has made significant There have been a number of changes to the Board during the year as a result of progress in the past twelve elections for the medium/small carriage service provider positions, and of Board months. members either changing positions within their organisations or moving on to new In addition to fulfilling its primary aim opportunities. of complaint resolution, the Scheme has taken a number of steps that reflect The Board welcomed to its ranks: sound practice in corporate governance. In particular it has established a financial • Michael Lawrey from Telstra; reserve that provides a prudent insurance • Rohan Doyle from Concert Telecom Pty level against short-term cash fluctuations Ltd, representing medium and small and is about to issue a detailed Business carriage service providers, and; Continuity Plan. With input from Council • Mark Graubner from Leading Edge and the Board, a responsible budget has Internet Pty Ltd, representing ISPs. been produced for the coming year.
At 30 June 2004, there were 1,043 Members Departing the Board, after having made of the Scheme, with 234 new Members significant contributions, were: having joined during the year and 101 • David Havyatt of AAPT Ltd; Members having departed. • Robert Manson of Impaq Australia Pty Ltd and; • Gus Barda of Telstra. Chairman of the Board the of Chairman Rohan John Mr Optus Division, Multimedia & Consumer Service, Customer Director Davidson Mark Mr Telecom Concert Officer, Executive Chief Doyle Rohan Mr Internet Edge Leading Manager, General Graubner Mark Mr 6
Telecommunications Industry Ombudsman Annual Report 2004
Independent Director Independent
Ms Jane Harvey Jane Ms funding. for demands unforecast from members protect will turn in which flow, cash in fluctuations from TIO the protecting in instrumental be will reserve The year. the of close the by $585,451 to accumulated year, previous the in initiated was which reserve, financial The reserve. financial the towards contributed which year, the $147,409 of for surplus a returned TIO The Havyatt. David by service of years five the recognises Board the particular in and TIO, the and Board the to contributions positive made three All
Telstra
Legal and Regulatory, Regulatory, and Legal
Consumer & Compliance, Compliance, & Consumer
Group Manager, Manager, Group
Mr Trevor Hill Trevor Mr
Telstra
Infrastructure Services, Infrastructure
Telecommunications2004 IndustryOmbudsmanAnnualReport Services, Network of Head
Mr Michael Lawrey Michael Mr Board the of Chairman Rohan John industry. the of element vital this in participation continued their to forward look I and Scheme TIO the in cooperation their for commended and thanked be must TIO the of members the all Importantly, year. the over performance dedicated their for Council the of members the and Staley, Tony Council, TIO the of Chairman the with along Carruthers, Phillip Secretary, Company and Manager Business the and Marles Victoria Ombudsman Deputy Pinnock, John Ombudsman the especially TIO, the at staff the all thank to like would I
Government Affairs, Optus Affairs, Government
General Manager General Mr David McCulloch David Mr
7 Chairman of Councilof Chairman Statement by the Chairman of Council
Financial Year 2003/04 • the jurisdiction of the TIO relating to pay-TV; has been a demanding • Members’ obligations to publicise the and complex one for the TIO to their customers; TIO Council. • revisions to the Council Election Policy and Code of Conduct; Key issues have emerged or developed which • an audit of the investigations process; go to the heart of the Scheme. In particular, • the TIO’s public awareness strategy; and the role of the TIO and the degree to which the Scheme should take proactive action to • the publication of TIO determinations protect consumers have been considered. and directions. The Council thanks departing Council This year, the number of complaints rose members Andrew Bedogni and Ewan Brown. marginally to 59,850 after two years of Andrew and Ewan have made enormous decline following the rapid increase in contributions to the TIO over many years; the year One.Tel collapsed. Ewan from the inception of the Scheme. Both have been outstanding supporters The Council addressed the following of the Scheme who have had a significant important issues this year: impact on its direction and capacity. Mark • systemic complaints; Russell also departed the Council late in the • the regulation of premium rate services; reporting year. Priscilla Mahoney from Optus has joined the Council to replace Andrew • the acceptance of powers under industry Bedogni. Codes of Practice; • the establishment of Position Statements about unlimited credit and overcommitment, and unfair contract terms; Chairman of Council of Chairman Staley Tony Hon. The Queensland Aid Australia/Legal of Federation Consumers Cleary Simon Mr Vodafone Counsel, Corporate Fox Kathryn Ms Federation Farmers National Frend Gordon Mr 8
Telecommunications Industry Ombudsman Annual Report 2004
Optus
National Support Services Manager, Manager, Services Support National
Ms Priscilla Mahoney Priscilla Ms Council of Chairman Staley Tony Hon. The enthusiasm. with 2004/05 of challenges the to forward looks Council The industry. and consumers to service outstanding an provide to whocontinue TIO the of staff the and Carruthers Phillip Manager Business and Secretary Company Marles, Victoria Ombudsman Deputy Pinnock, John Ombudsman, the thanks Council the always, As
Telstra
TIO Policy and Liaison, and Policy TIO
Group Manager Group
Mr Neil Mounsher Neil Mr
Disability Organisations Disability
Australian Federation of of Federation Australian Telecommunications2004 IndustryOmbudsmanAnnualReport AM Newell Christopher Dr Rev The
Independent Service Providers P/L Providers Service Independent Representative, Member Elected Russell Mark Mr Network Telecommunications Consumers’ Marsh Pam Ms Ltd Centre Telecommunications Enterprise Small The Director, Executive Brown Ewan Mr Optus Affairs, Regulatory Manager General Bedogni Andrew Mr bottom to top right, Pictured shoot photo year’s this for unavailable were Councillors These
AAPT Ltd AAPT
Elected Member Representative, Member Elected Ms Robin Ziino Robin Ms
9 Ombudsman’sOverview Ombudsman’s Overview
From the TIO’s perspective, Here, the principal issue is the TIO’s current lack of jurisdiction to handle complaints the past year marked the by subscription television (pay-TV) viewers relating to billing, credit management, fault beginning of a new stage, repair and the provisioning of new services if not a watershed, in and the like, particularly where this service the development of the is part of a bundle, as it usually is. telecommunications industry. With the exception of Telstra, none of the providers of pay-TV has shown any inclination to support this much-needed As I noted in the last Annual Report, reform. Indeed, they are vociferous in continuing technological changes and opposition to any change. This leads to the the adoption of new applications are absurd position that a consumer contracting now clearly driving the convergence of to receive a bundled service including industries and blurring the accepted pay-TV is able to bring a billing dispute distinction between carriage and content. concerning any of the other services in the The Government’s decision to merge the bundle to the TIO, but not a dispute about Australian Broadcasting and Communications the billing of the pay-TV service. Authorities signals the reality of convergence, even if the detail and future For its part, while not indicating active directions of this reality are still unclear. support for the proposal, Telstra has put forward two principles which should be For the TIO, the challenge is to remain met before consumers would be able to relevant for consumers. This means the bring complaints to the TIO. Scheme must maintain and increase the adequacy of consumer protection in the Firstly, any extension of the TIO’s role face of new ways of communicating and should be on the basis of competitive new products, services and applications. neutrality, that is all providers of pay-TV should be subject to the TIO’s jurisdiction. The current bundling of products and Currently, all the providers of pay-TV, services can be seen as merely a precursor with the significant exception of Foxtel, of likely future aspects of convergence. So, are Members of the TIO, because they it is imperative that the TIO Scheme deals all provide ‘eligible’ services. However, with issues already confronting it. for historical reasons the TIO has no jurisdiction over the provision of pay-TV by these Members. Foxtel has not offered Ombudsman Pinnock John to join the TIO. 10
Telecommunications Industry Ombudsman Annual Report 2004 TIO Scheme in 1997.in Scheme TIO the of expansion supported unanimously they when Board, and Council TIO the as well as providers, service other and Vodafone and Optus Telecom, Scheme, the of Members foundation the of view looking forward and dynamic the with contrasted be can approach goes’ she as ‘steady This Scheme. the of future the for vision of failure a represents it then case the is this If maintained. be should TIO the of quo status the that view a from stems this that signs are there importantly, more Perhaps protection. consumer necessary of aspect important an recognise to TIO the of Members and industry the in players significant of failure a shows It disappointing. doubly is This industry. pay-TV the by effort lobbying successful a of victim a become has complaints pay-TV bundled over jurisdiction have Scheme TIO the that (ACCC) Commission Consumer and Competition Australian the by recommendation a So, avail. no to (DCITA), Arts the and Technology Information Communications of Department the of and Minister past a of support the sought has and principles these adopted has Council TIO The complaints. handling for mechanism current the and jurisdiction prospective TIO’s the between overlap regulatory any with deal to mechanism appropriate an be to needs there Secondly, Telecommunications2004 IndustryOmbudsmanAnnualReport overarching Code. overarching single a for calls to leading narrow, unduly are some whether and issues particular to Codes individual by given coverage the about concerns also are There develop. to long too taking for and prescriptive and complex too being for industry and consumers by criticised been have Codes industry. telecommunications the for regime protection consumer co-regulatory the of underpinnings important most the of one are Codes Consumer (ACIF) Forum’s Industry Communications Australian The complaints. resolving in proactive more become should TIO the which to degree the about voiced been have concerns Similar development. evolutionary for need the accept and confront to unwillingness an disguises function core TIO’s the to changes to opposition often but TIO, the of role fundamental the about debates be always will There handling. complaint cheaper hence and efficient more mean will this industry, the For complaints. of handling multiple or double face to have not will they that mean will it confusion, consumer reduce only not will reform a Such industry. communications converging rapidly a across complaints consumer for ‘one-stop-shop’ a become to needs TIO the terms, broad In
11 From the TIO’s perspective, however, the key Operationally, a significant trend of 2003/04 problems are the low sign-up rate and issues was the substantial increase in complaints, of compliance and enforcement. as a prediction of a modest increase of 2% turned into a surge of almost 8%. Just over half of all Consumer Code breach investigations by the TIO in the past year As noted in past Annual Reports, the primary involved non-signatories. This suggests a driver of demand for the TIO’s investigative lack of support for Consumer Codes by the services is the level of industry activity. very industry that has developed them. After This is followed closely by public awareness seven years of work this is a poor result. of the TIO and its role. While movements in levels of public awareness are usually Equally troubling is the relatively low gradual, changes in industry activity can rate of Code enforcement, whether in be more volatile, making predictions of the sense of compliance activity by ACIF demand difficult. or formal regulatory intervention by the regulator. For instance, there is clear For much of the year, TIO investigators evidence of widespread systemic non- were able to keep pace with the rising compliance with the Complaint Handling level of demand, with the call answering Code. There is a major challenge and performance, escalation rate and average opportunity for ACIF’s Compliance Mark and case resolution times all holding steady. for the Forum to demonstrate its credentials More recently, however, the rate of as a broadranging industry association. increase in complaints has affected the TIO’s performance, most notably in the In the policy area, the TIO has built on past call answering benchmark, where service progress with the continued development levels have declined for the first time in over the last twelve months of a variety of two years. This trend reflects the fact that Position Statements dealing with unlimited a year ago the average call level was 2,000 credit, hardship and unfair contract terms, per week, whereas now it is 2,500 per week. reflecting the impact of these issues on In addition, at 30 June 2004, the TIO had consumers. We have also moved to broaden a substantial backlog of cases awaiting the reach of the TIO’s Systemic Complaint investigation. Investigation Procedure (SCIP), asking Council to approve new procedures. These matters are discussed in more detail later in this Report. 12
Telecommunications Industry Ombudsman Annual Report 2004
Ombudsman Pinnock John issues. protection consumer new and demand increasing of face the in professionalism and commitment their maintained who staff TIO to due are however, thanks, Special instances. all nearly in consensus a achieving and issues funding and policy difficult with grappling while office, the of operations the for support continued their for Directors Board and Members Council TIO thank I year, hectic a of end the at Finally, Members. mayhaveconsequences flow-on forTIO andofcomplaints.resolution This, ofcourse, standardsforacknowledgement,the actioning benchmarksintentionthe ofraisingwith performancecurrentCouncilTIO review to ofFor2004/05,therest askthe we will levels. service customer poor for TIO the by criticised been have themselves who Members TIO on lost be not will issue this of importance The standards. performance past to return to attempt we as 2004 of rest the for priority a become have staff skilled of training and Recruitment year. financial the of quarter last the in turnover staff of level high unusually an by exacerbated were problems These
Deputy Ombudsman Deputy
Victoria Marles Victoria
Business Manager Business
Company Secretary and Secretary Company Phillip Carruthers Phillip
13 Administration TIO Operations – Administration
Funding Members are invoiced quarterly, including an estimate of costs to be incurred in the From its inception the TIO was conceived following quarter. Each quarter, actual and as an alternative dispute resolution estimated charges are reconciled. (ADR) scheme, sponsored and funded by the industry. Apart from the savings The funding model has two important to taxpayers this forced TIO Members consequences. If a Member has no to recognise that paying for the cost of complaints logged against it, it pays complaints to an independent Ombudsman nothing to the TIO. From the perspective of was part of a commitment to improved the TIO, the model is based on the principle customer service. of demand-driven funding – if complaints rise the TIO can recruit extra investigators The funding mechanism is simple in to handle those complaints. principle. A Member of the TIO pays for the TIO’s investigative services based on Of course, Members are entitled to know the number and relative proportion of the true cost of operating the Scheme, total complaints the Member generates in particular the objective evidence for each quarter. determining direct case-handling fees.
Complaints attract a direct fee that varies In the past year, the TIO Board authorised depending on the level to which they the Ombudsman to conduct a detailed Work are escalated by the TIO according to Value Study which focused on the cost of published guidelines. These fees are shown Level 2, 3 and 4 Complaints and Reviews. Fees in the table below. In addition to these were to be calculated on the following basis: volume-related costs, a Member will pay • the cost of investigative resources; a proportion of overhead or operating costs determined by its percentage share • the policy that case-handling fees of total complaints. should account for 45% - 50% of total funding; and
Complaint Fees • the necessity to continue to accumulate sufficient funds on a quarterly basis $ to reach a target of a $500,000 Reserve Level 1 27.50 Fund over a period of 18 months. Level 2 220 Level 3 440 Level 4 1,320 Level 4 Land Access 2,640
Enquiries ($27.50) and Reviews ($495) are funded as part of operating costs. 14
Telecommunications Industry Ombudsman Annual Report 2004 2003/04 is displayed in the following table: following the in displayed is 2003/04 year financial in received funding The Members. to free are quarter each complaints four first the whereby policy the continue will TIO The cost component overhead the increase • access land 4 Level for fee the increase • 4 and 3 2, 1, Level for fees hold • to: decided Board the 2004/05 for budget proposed the and study the considering After understated. considerably were objections access land 4 Level and complaints 4 Level for fees while understated, marginally were complaints 3 and 2 Level for fees current the suggesting data produced study The TOTAL Levy Special Levy Capital Income Indirect Total Income Direct Total Credits 4 Level 3 Level 2 Level 1 Level of Reviews from $275 to $495. to $275 from Reviews of and $2,640; to $1,320 from objections levels; current at complaints
6,505,759 2,791,598
Enquiry Officer Enquiry 3,682,936 1,291,700 Brea Acton Brea 930,000 597,600 -76,902 49,200 31,225 0 $ Telecommunications2004 IndustryOmbudsmanAnnualReport
complaints last year. last complaints 1,997 for charged being not members in resulted this and members to free are quarter each complaints four first The them. against logged complaints the for charged were Members TIO 1,043 (151) the of Members of 14.5% only 2003/04, During completed. is estimated against charges actual of reconciliation a quarter, Each quarter. next the in incurred be to expected charges for amount estimated an plus expenditure), capital and overheads of proportion a (including quarter current the in incurred fees handling complaint for invoices quarterly receive Members revenue. other and recovery debt bad interest, of $82,000 about received TIO the funding, provider service this to addition In
IT Manager IT Anthony Beaumont Anthony
15 Governance Firstly, the specific roles reserved to the Council obscure the fact that there are The TIO is a company limited by guarantee important points of intersection. Thus, with a tripartite structure of Board, Council the Council has a role in approving and and Ombudsman. recommending to the Board detailed budgets prepared by the Ombudsman. The The Board consists of eight Directors – two Board, for its part, can set global limits but each appointed by Telstra and Optus, one cannot direct the Ombudsman in relation appointed by Vodafone, one elected by to specific areas of expenditure. Council other carriers and carriage service providers, has the right to recommend amendments one elected by ISPs and an Independent to the TIO Constitution to give effect to Director appointed by the Board itself. policy decisions, but the Board has final The primary role of the Board is to ensure authority in this area, in consultation with that the Scheme is adequately financed by the relevant Ministers. setting global budget funding limits. It also has traditional governance functions and As a consequence of a tendency for each responsibilities under the Corporations Act. body to traverse decisions made by the other, the experience of other industry- Although appointed or elected by Members, based ADR schemes has been considered, or by the Board itself, Directors have particularly decisions by the Banking and fiduciary duties to the TIO and are required Financial Services Ombudsman and the to act in its best interests. Energy and Water Ombudsman of Victoria to merge their respective Boards and Council. Council consists of equal numbers of representatives of Members of the Scheme At this stage there is insufficient support and of public interest or user groups, for the merger of the TIO Board and Council. presided over by an independent Chairman appointed by the Board in consultation with During 2003/04, Council considered a range the Council and with the Federal Ministers of difficult governance issues. Council responsible for communications and recommended further amendments to the consumer affairs policy. Council’s primary Council Election Policy to the Board and role is to set the strategic policy of the amended its own Code of Conduct. Scheme and to provide general advice to the Ombudsman. Council also reviewed the conduct of one of its own Members, Mark Russell, an elected The Ombudsman has complete independence ISP representative. Council concluded in deciding whether to investigate a that Mr Russell had failed to accept the complaint and in determining the outcome principles underpinning the TIO and stated of a complaint. Neither the Council nor explicitly in the Code of Conduct signed by the Board can reconsider a decision by the him. It recommended that the Board remove Ombudsman. Mr Russell. After due consideration the Board resolved to declare vacant Mr Russell’s As a guarantee of his independence, the position. Ombudsman is appointed, and can only be removed from office, on the recommendation The Board also resolved to amend the of Council. Council Election Policy to prohibit any elected Member of Council whose position While there has never been a question about has been declared vacant from standing the Ombudsman’s independence in complaint again for election to Council for a period of handling, the division of functions outlined two years. In addition, the Board signalled here has not always worked seamlessly in its intention to ask TIO Members to approve recent times. a change to the Scheme’s Articles of Association to extend this prohibition to all Members of Council, whether elected or appointed. 16
Telecommunications Industry Ombudsman Annual Report 2004 John Pinnock Ombudsman Victoria Marles Deputy Ombudsman Debra Lusty Investigation Manager Bernie Wise Investigation Manager and Secretary Company Phillip Money Public Affairs Manager Silvia Superina Policy andResearchManager Tanya Erdos Enquiry Manager Jeremy Evans Enquiry Manager Phillip Carruthers Manager Business
Kim Lloyd, David Ohri David Lloyd, Kim Hollins, Alison Tony Dooley, Beveridge, Jillian (Legal) Officers Investigation Whelan Danny Rathouski, Kalma Tom Parbery, Jones, Peter Maria Chapman, Kelly Rice Kelly Chapman, Maria (Legal) Officers Investigation Nangle Paul Murphy, Michelle Munro, Olivia McKenzie, Gillian Alex Buchanan :Alex Manager Projects Creaton Geraldine Officer: Systems Nolan Donna Officer: Media New Beaumont Anthony Manager: IT Walls Dan Officer: Services Member McLeod Kate Adviser: Services Member Nye Sarah Manager: Services Member Ross Debbie Officer: Finance Panopoulos Marianna HR Manager: and Finance O’Brien Molly Quintanilla, Lu Assistants: Admin Cassidy Denise Supervisor: Admin Vacant Officer: Liaison Community Waren Phil Officer: Research Project Clements Monica Officer: Quality/Training McKiterick, Lou Taylor Lou McKiterick, Michael Marquard, Sam Henderson, Joanne Hamence, Dean Fink, Jason Crammond, Brad Enquiry Officers Tan Aaron Stephens, Stephen Kinna, Andrew Sawle, Bryan Spier, David Byrne, Talitha Blake, Lauren Acton, Brea Enquiry Officers Jensen, Chris D’Souza, Sangeeta Dixon, Marlene Brockman, David Bois, Marianne Officers Investigation Ingram, Andrea Dooley, Lisa Bendall, Sarah Officers Investigation Julia Cornwell Systemic ComplaintOfficer Marcela Mandarino Review Officer Claire Paksoy Disputes Officer Astra Taurins Personal Assistant
17 Organisational chart TIO Administration Public Affairs During the year, TIO managers took part in During the year, the TIO concentrated on a major out-of-office review of operational raising awareness of the Scheme in those procedures with the aim of improving groups and areas of the community where efficiency. knowledge was low, with particular emphasis on youth and rural and regional Australia. In late 2003/04, the TIO installed new PCs for all staff, a new operating system An internal review of our whole public (Windows XP) and a new telephone system. affairs strategy was also conducted. Consolidation of this new environment will continue well into 2004/05. Four new servers The Esten’s Inquiry found that there was a are about to replace the existing servers. low level of understanding and awareness This will double data storage capacity and of consumers’ telecommunications rights in also represents a significant cost saving due regional, rural and remote areas of Australia. to a reduction in lease costs. The IT section planned and managed these significant This finding was backed by an analysis changes in a seamless manner, as well as of the TIO complaints data, classified continuing work on our website. according to remoteness of the complainant. As with 2002/03, this year’s data shows that After five years at its present site, the people in rural and remote areas were less TIO signed a new lease late in 2003/04 for likely to complain to the TIO than people in further space on a contiguous floor, adding the major cities. (See Complainant Statistics about 40% to its capacity. This enabled us – page 76). to commence and complete a much-delayed refit to make room for additional staff. In June 2004, DCITA commenced a publicity As part of this plan, a reassessment of the campaign in regional, rural and remote records management requirements of the areas that detailed the services that the TIO office resulted in a rearrangement of file provides. This campaign had a clear impact, storage on site. with an increase in complaints to the TIO (see Call Handling Performance – Page 31). The Finance Section has continued to operate efficiently, with Marianna In a new approach, the TIO took part in Panopoulos providing timely and accurate a program sponsored by the ACA to reach management information, refining financial people in more remote areas of Australia. practices to maximise efficiency. With the Authority and the Australian Competition and Consumer Commission, TIO staff set up informational booths at home and rural shows throughout the country.
The program serves two important benefits - increasing the exposure of TIO staff to the problems faced by people in rural and remote areas, and publicising the services of the TIO. 18
Telecommunications Industry Ombudsman Annual Report 2004 anniversary of the TIO, a conference conference a TIO, the of anniversary – 10 the celebrate to 2003, November In • those with a household income of more more of income household a with those • and (69%); Tasmania of residents • (61%); 50 than older people • had they that saying 59% with men, • among: strongest was TIO the of awareness consumers, domestic with that revealed research The among than lower is communities ethnic • rebounded community business small the • by increased had consumers domestic • among: TIO the of awareness that reported Research Sweeney groups. key various among TIO the of understanding and awareness the of assessment an conduct to Research Sweeney commissioned TIO the program, ongoing an of part as 2004, April In (Ofcom). Communications of Office Britain’s of Chairman Deputy the Hooper, Richard was speaker keynote conference’s The Melbourne. in held was – Convergence, Redrawing the Boundaries the Redrawing Convergence,
than $60,000 a year (57%). year a $60,000 than data; TIO with corresponds This women. of 46% with compared TIO the of heard generally. consumers domestic and 2002; in 56% from 63% to cent; per 52 to survey 2002 the on points 5 percentage
Investigation Officer Investigation
B Bendall h a r a Sarah S l l a d n e th
Telecommunications2004 IndustryOmbudsmanAnnualReport
to mobile phone use and debt. debt. and use phone mobile to regard with particularly Scheme, the about schools high Victorian several addressing staff with youth among knowledge of lack the redress to sought TIO the 2003/04, In mouth. of word and radio, newspapers, by followed programs, affairs current or news television was information of source leading The TIO. the about heard had they where consumers asked research the time, first the for year This (47%). Queenslanders and (27%) olds year 24 to 18 among lowest was Awareness
Investigation Officer (Legal) Officer Investigation Jillian Beveridge Jillian
19 Member Services advice and assistance to investigations staff and communicates information between the TIO Member numbers TIO and Members. The TIO welcomed 234 new Members during Importantly, the feedback from Members and the 2003/04 financial year. In the same staff assists Member Services to identify period, 101 Members left the Scheme, operational issues and to initiate discussion resulting in a net increase of 133 Members. on procedural matters when needed.
The TIO referred 17 businesses or companies Member Services Communications to the ACA for their failure to join the TIO Scheme, with nine of these becoming Member Services also has a broader Members as a result. Those remaining have communications function, which involves either ceased trading or are still being developing communications strategies to pursued by the ACA. increase TIO awareness among Members.
Currently, 73% of TIO Members are The Member Services team places categorised as internet service providers, importance on meeting with as many 14% as telephone service providers and 10% Members as possible. These meetings involve as telephone and internet service providers. general education, responding to queries The remaining 3% are predominantly carriers and accepting and delivering feedback. that do not offer any eligible carriage Sometimes individual cases are discussed, services to end-user customers. to resolve a miscommunication or to expedite their resolution. Member Services Staff During the 2003/04 year, the Member The Member Services Team functions Services Adviser met with at least 50 primarily as the communications link Members, either at their premises or the between TIO staff and its Members. It TIO’s. Also, some Investigations and Enquiry gives a human face to the TIO, assisting staff accompanied Member Services when Members to understand the TIO’s processes, they met with Member representatives, an responding to their queries and aiding the initiative that has been successful in aiding flow of information. effective communication and understanding of Members’ perspectives. Member Services has several specific functions. Firstly, it is responsible for Four editions of the TIO’s electronic Member recruitment, including maintenance newsletter, M News, were compiled during of the Member database, ensuring that 2003/04. The newsletter is emailed to all eligible non-Members join the Scheme and Members and is also available on the TIO’s keeping TIO staff informed about changes website. M News focuses on communicating to the Member database. relevant and practical information to TIO Members, to build awareness of TIO Secondly, the team acts as the Members’ processes and to assist Members to minimise primary contact point. It provides their complaint numbers. Informal feedback advice and assistance to Members and to indicates that Members are reading M News Investigations staff and reviews complaints and finding it a useful publication. at a Member’s request. Thirdly, it provides 20
Telecommunications Industry Ombudsman Annual Report 2004 Investigation Officer Investigation
procedures. procedures. and policies TIO of development the during considered are perspectives and interests Members’ that ensures participation team’s The groups. working assurance quality and complaints systemic party, working audit the are examples Some committees. and parties working various in involvement its is Services Member for role important An Members. with transactions all for data of source one providing files, financial with combined were Members all for files membership addition, In database. Member TIO’s the of accuracy the ensure to Members all contacting involved which project, database its completed Services Member 2003, late In Marianne Bois Marianne Telephone Service Provider Service Telephone Other Service Provider Service Internet and Telephone Internet Service Provider Service Internet 2004 June 30 At MembershipTIO Composition Total Total 2003/04 Members Departed 2003/04 Members New Total Members, 2002/03 MemberNumbersTIO 1,043
146 758 106
33
Investigation Officer Investigation David Brockman David 1,043 10% 73% 14% 234 101 910 3%
Telecommunications2004 IndustryOmbudsmanAnnualReport
Projects Manager Projects Alex Buchanan Alex
21 Complaint HandlingComplaint TIO Operations – Complaint Handling
Jurisdiction Finally, the TIO be consulted by Telstra in developing information about telephone One sure test of any complaint handling or service choice and rights for remote alternative dispute resolution (ADR) agency indigenous communities. is its ability to respond to novel issues as well as emerging complaint trends. In its response to the report, Telstra has suggested that these roles are not really Judged by this standard, the TIO has a appropriate for the TIO. fair but by no means outstanding record. As noted in the Ombudsman’s Overview, In a separate development, DCITA has there is a real question as to whether the asked the TIO to investigate complaints significant challenges posed to the TIO by concerning Extended Zones and the the convergence of carriage and content Government’s Higher Bandwidth Incentive – and which might be summed up in the Scheme (HiBIS). notion of a ‘one-stop-shop’ – will be met. The response by TIO Members to the issue About 28,000 Australians live in 102 of bundled pay-TV services does not inspire Extended Zones ranging from 8,400 to confidence. 400,000 square kilometres. Telstra customers in these zones are entitled to 22c untimed On the other hand support for the TIO’s calls within their zone and to adjoining involvement in a range of new issues came zones and to the main town or towns within from the ACA and DCITA. such zones, as well as for dial-up internet access. In its report (February 2004), Payphone Policy Review, the ACA made several Under proposals agreed between the TIO, important recommendations about the role the Department and Telstra, the TIO will of the TIO. investigate complaints by customers who believe that they have been incorrectly Principally, the Authority recommended that allocated to an Extended Zone or to a the TIO should handle complaints about Standard Zone, incorrectly allocated to a the installation, removal and relocation particular Extended Zone, or incorrectly of payphones. Secondly, the TIO should billed, given their zone allocation. be consulted by Telstra in clarifying its Standard Marketing Plan (SMP) for The HiBIS program provides access to higher payphones. Thirdly, the TIO should have bandwidth services for people in regional, the ability to investigate a complaint that rural and remote areas at prices comparable Telstra has failed to comply with siting to those in metropolitan Australia. ISPs criteria in its SMP. Fourthly, the TIO should registered under the program will receive apply an objective test of ‘reasonableness’ incentive payments from the Government on handling complaints about the costs of for each registered service they provide to relocating payphones. eligible customers. 22
Telecommunications Industry Ombudsman Annual Report 2004 resolution. complaint to approach consistent a ensuring of importance the highlight they gap, this filling from Apart cases. certain in outcome reasonable and fair a constitute might what on thinking TIO’s the show Statements Position Codes, Industry of requirements the as well as Members TIO on obligations legal the supplement to Intended website. its on published are and consider, to Members ask will TIO the factors the out set commonly They complaints. of types certain of resolution the about views TIO’s the describe Statements Position Statements Position TIO relevant. remains TIO the that ensure and protection consumer of measure greater a provide will changes these of Each Constitution. TIO the to amendment any require not do they as place, in are jurisdiction of extensions HiBIS and Zones Extended the Both service. the for eligibility concerning complaints investigate not will but criteria, comparability these meet not does provided service HiBIS the that complaints investigate to able be will TIO The three-year a for price a at offered is • at of allowance usage monthly a has • of speeds upload and download peak has • it: where Australia metropolitan in service a with comparable being as service a defines program The is not an ADSL service. ADSL an not is it where $3,000 to up or ADSL is service the where $2,500 to up of package and MB; 500 least respectively; kbps 64 and kbps 256 Telecommunications2004 IndustryOmbudsmanAnnualReport an Ombudsman must answer. must Ombudsman an which questions very the – reasonableness and fairness of concepts important the address necessarily not do they role, vital a play ACA the with registered and ACIF by developed Codes industry while that shows experience opinion, TIO’s the In ACA. the like regulator a or ACIF as such body industry an of that appropriately more is area this in role TIO’s the whether question however, Members, Some resolution. complaint in approach of consistency and transparency greater on emphasis the appreciate Members Many TIO. the to complain to need the preventing providers, their with directly dealing in aids as statements the see Consumers positive. been generally has Members and consumers by response the and 2002/03 in Statements Position developed first TIO The difficulties. payment and hardship • and terms; contract unfair • calls; dumping internet for charges • for listings default management credit • with: dealing those were Statements Position new important most the Among Statements. Position 24 created or amended TIO the year past the In adequacy. their ensure to review constant under are All issues. emerging to response in developed been have others while complaints certain with experience long TIO’s the reflect Statements Position Some
incorrect amounts; incorrect
Quality/Training Officer Quality/Training Monica Clements Monica
23 Members Publicising Systemic Complaints the TIO Investigation Procedure In an important breakthrough on a The Systemic Complaints Investigation longstanding issue, Optus and Telstra agreed Procedure (SCIP) has been operating for two to separate trials notifying customers of the years and is central to the TIO’s proactive existence of the TIO. Although there has approach to complaint resolution. Its aim is always been an expectation that Members to resolve not only an individual complaint will publicise the existence and role of the about a particular issue but also other TIO, as provided for in the Benchmarks for similar current and future complaints. In this Industry Based Customer Dispute Resolution way, the TIO aims to highlight and change Schemes, there is no such obligation in the behaviour that may adversely affect a class TIO’s constituent documents. of customers. This approach should also result in fewer complaints to the TIO and reduced Moreover, as might be expected from the complaint-handling costs for Members. TIO Member profile, which ranges from the largest carrier to the smallest ISP, when Feedback about the SCIP from Members and Members do tell their customers about the consumers continues to be largely positive. TIO, there is no consistent approach either The process of investigation has increasingly as to the manner in which they do so or involved meetings with providers as a way of the customers to whom they give this gathering information and discussing issues. information. During the past year, the TIO considered The issue has been given sharper focus ways to determine the effectiveness of the because while ACIF’s Complaint Handling SCIP. Although is not possible to quantify Code requires providers to inform customers any reduction in complaints due to the with unresolved complaints about the TIO, introduction of the procedure, the TIO has there is evidence of non-compliance with identified the range of possible outcomes this Code obligation. from a systemic investigation. Where it is satisfied that the behaviour of a provider Telstra has agreed to a trial involving raises a systemic issue, the TIO considers customers who call in to an escalated an effective outcome to be a change in that service point in its Customer Referral Centre behaviour. Most investigations have resulted (CRC). During the trial CRC staff will advise in this outcome. callers immediately about their option of taking their complaint to the TIO. However, there is also the question of how a solution is found for consumers already At the urging of the Ombudsman and affected by the systemic issue. This is less consumer representatives on the TIO straightforward. In a minority of cases, Council, Optus has taken the more radical the Member provided a uniform solution to step of printing a bill message on accounts all TIO complainants. In general, Members for its internet customers, notifying them of wished complaints to be assessed on a the TIO. This trial involves several thousand case-by-case basis at the conclusion of the customers over a period of months. systemic complaints investigation, a stance that is counter-productive. The TIO has agreed to monitor these trials to test whether they might lead to inappropriate The TIO has asked the Council to consider referrals of first resort complaints to the TIO, formalising and extending the SCIP. a perennial argument against bill messages. 24
Telecommunications Industry Ombudsman Annual Report 2004 complaint trends, with a view to addressing addressing to view a with trends, complaint discuss to ACA the with quarterly meets also TIO The DCITA. to basis hoc ad an on and ACA, the and ACIF to statistics code-breach and/or complaint provides regularly TIO The trends. complaint discuss to agencies various meets often and statistics complaint for requests receives regularly it particular, In bodies. industry and agencies government numerous with contact increased had has TIO the year, last the Over GovernmentAgenciesand Industry Relationshipwith Codes. Conditions and Terms Prices, and Transfer Customer Billing, the particular in guidelines, and codes ACIF of breaches potential highlighted investigations of majority The fee. unlock SIM a concerned one and contracts phone mobile under fees termination early concerned Twoinvestigations penalties. fact in were fees fixed whether examined investigations of number a year, last from on Following upgrades. handset about information • internet unlimited about information • believe to consumers leading information • on posted information pricing unclear • included: They consumers. mislead could that behaviour involved Several 65). page – Investigations Issues Systemic (See year the during undertaken were issues, of range wide a covering investigations, systemic Eighteen plans; and plans; contract; phone mobile a into entering that of basis the on and phone a won had they that website; provider’s the Telecommunications2004 IndustryOmbudsmanAnnualReport often refer complainants to the TIO. TIO. the to complainants refer often ACCC or ACA the Conversely, agency. either by with dealt conveniently or effectively more be could complaint the believes it if body either to complaints certain refer may it Constitution, TIO’s the with accordance In cases. individual about ACCC the and ACA the with liaises also TIO the Lastly, Forum. Consultative Consumer the and meeting Liaison Agencies Protection Consumer the as such forums, informal in involved be to continues TIO the consultation, ad-hoc as well As received. complaints of number and types the detailing reports provide will and issues, these about DCITA with liaise to continue will TIO The (HiBIS). Scheme Incentive Broadband Higher the and Zones Extended to relating complaints investigating in role TIO’s the of expansion the to relation in DCITA with liaised has TIO The codes. ACIF with compliance discuss to providers some approached has ACA the activity, this of result a As promptly. issues any • the Priority Assistance for Life- for Assistance Priority the • and Code; Portability Number Local the • Code; Preselection the • 1997 Act Telecommunications the 114 of section to pursuant codes three additional an for power of conferral accepted TIO the year, last the In Codes Industry
Threatening Medical Conditions Code. Conditions Medical Threatening
Systemic Complaint Officer Complaint Systemic Julia Cornwell Julia . These are: These .
25 This brings to 14 the total number of codes The second report concerned a direct-mail for which the TIO has accepted conferral campaign conducted by AAPT Mobile. The of power. Of these, seven are consumer complainant received an addressed letter codes and seven are operational codes. offering her a new mobile handset and In addition, the TIO also has regard to contract continuing on the same rate plan. the Consumer Contracts Guideline when She sought to accept only to be advised that investigating complaints. the rate plan was no longer available. The TIO reported that AAPT Mobile’s practice of withdrawing a plan during such a campaign Reports to Members contributed to the complaint. The TIO Constitution allows the Ombudsman A third case concerned the first bill sent by to report to a Member where in the TIO’s Optus after existing customers had accepted opinion the general telecommunications an offer of revised rates and switched to a policy or commercial practices of a Member new mobile-phone contract. Customers were have: charged the new rate for calls made under their previous contract. • contributed to a complaint; • been identified as the source of a The TIO was not satisfied that customers number of similar complaints; were always informed that all calls within a particular billing period would be charged • impeded the investigation of a at the same rate. The TIO made a report to complaint; or Optus indicating potential breaches of ACIF’s • operated in such a manner that the TIO Billing Code. After further discussion with considers that the policy or practice Optus, the TIO concluded that Optus had should be referred to the Australian taken steps to resolve the issue and that Communications Authority (ACA). the relevant Code rule was uncertain.
It was not until last year that the TIO began The TIO did not make any specific to routinely exercise this power, with three recommendations in these reports, as it reports being made. has no formal power to do so.
The first concerned a letter from Telstra to the complainant offering various landline Quality Assurance features. In seeking to take up the offer, the complainant was advised that she was and Staff Training ineligible, as she was not preselected to Training continued to be a focus in 2003/04, Telstra. The offer did not outline eligibility with the program encompassing knowledge criteria, or provide sufficient information and skills training, occupational health and for the complainant to determine that she safety, and staff wellbeing. would not be eligible. While a fair and reasonable resolution was reached, the The main priority this year was to develop TIO concluded that practice of providing and implement a quarterly plan. At the end of personalised advertising materials to 2003, the TIO compiled a list of its training ineligible customers contributed to the needs, taking account of the inaugural complaint. investigations audit (see next section), feedback from staff and management and also foreseeable regulatory developments. The list was used to determine the training plan for the coming quarter. 26
Telecommunications Industry Ombudsman Annual Report 2004 Tourism in 1997.in Tourism and Industry Science, of Department the by set schemes resolution dispute alternative industry for benchmarks the meet and mission its with conform to TIO the enable to was purpose overall The improvement. for areas identify and performance assess to investigations 3 and 2 Level its of audit first the conducted TIO the 2003, early In AuditInvestigations initiative. delayed much a monitoring, call introduce to plans also TIO the year, 2004-05 the In enquiries. and complaints 1 Level about correspondence of and procedures privacy TIO the of audits included year this begun initiatives assurance quality Other investigations. 3 and 2 Level of quality the assess to framework a of development the including implemented, been since have these of Many audit. investigations the of recommendations the on emphasis particular with 2003/04, in assurance quality on focused also has TIO The database. training a of development • training alternative of exploration • technical a of approval and development • an of delivery and development • implemented: also were initiatives following The opportunity. equal and hardship financial on sessions training included and fair, being was theme 2004 April the example, For emerged. months theme of concept the that so grouped were subjects like possible, Wherever
methods; and methods; program; training workshop; skills-training investigations
Enquiry Officer Enquiry Brad Crammond Brad Telecommunications2004 IndustryOmbudsmanAnnualReport
audit every two years. two every audit the conduct to intends TIO The training. skills investigation on focus greater a and procedures assurance quality in change a including operations, its improve and refine to TIO the allowed has audit The fairness. procedural in lacking balance the with unfair, substantively be to found were these of half only that is significance Of reasonable. and fair be to judged not were that outcomes 11.5%revealed However, fairness. procedural of aspects all to adhering as assessed were files of 84% fairness, of terms In evidence. of analysis inadequate an and information appropriate request to failure a showed files of number significant A language. ‘pre-judging’ of evidence showed 18% and Member industry the to complaint the of summary poor a provided TIO the that revealed examined files the of 20% skills. investigative several about concerns revealed audit the However, complaints. escalated it which in manner the with and skills file-management skills, communications its of quality the with general, in satisfied, was TIO The 2003. July in TIO the by completed was report ensuing The management. file • and complaints; of escalation • skills; communication • approaches; and skills investigative key • outcome; and procedure of fairness • of: terms in examined were Files year. financial 2001/02 the during completed and logged complaints 3 and 2 Level 289 of sample random a examined audit The
Investigation Officer Investigation Marlene Dixon Marlene
27 Performance Complaint Handling Performance
Definitions Probable reasons for this decrease include the addition of mobile handset complaints The TIO uses four terms to describe how (bought as part of a bundled contract) it records the calls, emails, TTY messages, to the TIO’s complaint jurisdiction, and faxes, in-person visits and letters that that, unlike the two preceding years, it receives from consumers and small no significant TIO Members went into businesses. They are contacts, enquiries, liquidation. complaints and issues. Contacts about out-of-jurisdiction landline, Contact mobile and internet-related issues accounted for 71.1% of all enquiries during A contact is any communication from a the 2003/04 year, down from 77.1% last residential or small business consumer. In year. Sometimes, the number of enquiries 2003/04, the TIO received 75,904 contacts. received by the TIO may indicate the This is a 4% increase on last year and public’s misunderstanding of the role and indicates the increasing demand for the jurisdiction of the Scheme. Many such services of the TIO. enquiries were about pay-TV and content- related issues, and some 1,154 enquiries Enquiry to the TIO last year were not about telecommunications-related issues at all. An enquiry is a contact about a matter that is not an expression of grievance Complaints or dissatisfaction or which lies outside the jurisdiction of the TIO. Enquiries A complaint is by nature an expression of also include anonymous and frivolous or grievance or dissatisfaction which falls vexatious complaints or complaints where within the jurisdiction of the TIO and the consumer has not first tried to resolve which the relevant TIO Member has had the matter with their telephone company an opportunity to resolve. In 2003/04, or ISP. the TIO handled 59,850 complaints, 7.8% more than the previous year. Enquiries also include complaints about non-Members of the TIO Scheme or Members Issue that have gone into liquidation. In 2003/04, the TIO recorded 16,054 enquiries, 7% fewer This is the actual matter about which than the previous year. the consumer has complained to the TIO. One complaint can have several issues. In 2003/04 the TIO received complaints
Investigation Officer Investigation Dooley Lisa involving 68,020 issues, 8.5% more than the previous year. In the TIO’s experience, many secondary issues of complaint, such as customer service, come about because the original complaint was poorly handled and not resolved in a timely fashion. 28
Telecommunications Industry Ombudsman Annual Report 2004 Investigation Officer (Legal) Officer Investigation
recovery issues require escalation. require issues recovery cost- where or reasonable, and fair is that manner a in complaint the of resolution the in resulted not has 2 Level the that determines TIO the if 3 Level to progress only can These instance. first the in 2 Level as raised be must complaints formal that so guidelines case-escalation its amended TIO the year this of half second the In assistance. TIO’s the sought first complainant a when unresolved remained matter a if 2 Level through going it without directly complaint 3 Level a raise could TIO the recently Until complaint. the resolving for proposal a and held, positions any support to evidence with along Member, the from response a and to notice written requires This raised. is complaint 2 Level a investigation, further warrants it that decides TIO the and informally resolved be cannot complaint a If Complaints Four andTwo, Three Level directly. complainant the with resolve to weeks two has Member the which complaints, 1 Level as classed are These company. Member the within area liaison TIO a to complainant a of referral oral the involve will this Often complaints. their resolve to together work parties disputing assist to aims TIO the processes, legal formal more and courts the to alternative an As Complaints One Level system. classification complaints four-tier a uses TIO The Complaints Escalating and Classifying Tony Dooley Tony
Investigation Officer Investigation Sangeeta D’Souza Sangeeta Telecommunications2004 IndustryOmbudsmanAnnualReport • the TIO Member has failed to respond respond to failed has Member TIO the • resources investigative of amount the • failed have resolution at attempts • reasons: three of more or one for raised be will complaints 4 Level Generally, case. the handling Officer Investigations and Officer Disputes Ombudsman, Deputy the of recommendation the on and Ombudsman, the of approval the with only 4 Level to escalated be can complaint A determination. binding a make to having TIO the without matter a resolve to opportunity reasonable every given are Members that ensures and equitable more as seen is change This • compromise if necessary in order to to order in necessary if compromise • other the understand to ability an show • their presenting when faith good in act • to: Members and complainants of willingness the is process resolution dispute alternative TIO’s the to importance utmost Of Reasonable FairandisWhat Deciding and Complaints Resolving resolve a matter. a resolve and view; party’s events; of versions appropriate timeframe at Level 3. Level at timeframe appropriate the within responded not has or and recovery; cost- exceed 3 Level at invested already complainant; the of favour in Determination a make should Ombudsman the that is view preliminary the and
29 The TIO aims to resolve complaints The TIO can make determinations of through negotiation and compromise, but systemic complaints at Level 2 and may sometimes this is not possible. Where make determinations at Level 3 if the a Level 2 investigation has failed to amount in question is less than $400. If the resolve a complaint to the complainant’s amount in question is more than $400, the satisfaction, the TIO may dismiss or escalate TIO must escalate the complaint to Level 4 the complaint. In making this decision the before it can determine it. TIO has regard to: In the 2003/04 financial year, 41 complaints • the law and industry codes; were escalated to Level 4 and 46 Level 4 • good industry practice; complaints were completed. Of these, 15 • TIO Position Statements; and were determined and one was dismissed. Of the 15 determinations, 14 related to land • what is fair and reasonable given the access objections. All land access objections circumstances of the case. to the TIO must be dealt with at Level 4. Of the 14 land access determinations six The law and industry codes provide included directions to the carrier concerned. extremely useful guidance about fair and The remaining 30 Level 4 complaints were reasonable outcomes, but do not cover the resolved by conciliation. entire range of complaints that the TIO deals with. Codes also sometimes lack the The TIO publishes its determinations, in detailed information necessary to consider the form of case studies, on its website. complaints on a case-by-case basis.
The TIO’s Position Statements are becoming more important in the investigative and Complaint Handling decision-making process. The statements Performance outline the TIO’s general views about particular types of complaints and, Over the past two financial years, the importantly, detail the evidence the TIO TIO has demanded higher standards of will consider when making a decision. investigation, analysis and decision making They are published on the TIO website from its staff. Particular importance has – www.tio.com.au been given to the clear and reasoned explanation of decisions made, and the need for these decisions to be transparent and Determinations backed by available evidence. The growing number of ACIF codes and TIO The TIO aims to resolve complaints by Position Statements has meant that staff agreement between the parties. In cases must now refer to many different factors where no agreement is possible the TIO when investigating individual complaints. has the power to dismiss a complaint or When combined with the increasing make a determination against the provider complexity of complaints, often involving where the amount in question is up to new technologies and two or more service $10,000. Where the amount in question providers, investigations are more time is greater than $10,000 the TIO can make consuming than ever. The TIO’s 2003/04 a recommendation up to a maximum of Work Value Study (See Funding – page 14) $50,000. showed that the time historically allocated for formal investigations was significantly Enquiry Manager Enquiry Erdos Tanya Enquiry Manager Enquiry Evans Jeremy underunder thatthat actuallyactually required.required. 30
Telecommunications Industry Ombudsman Annual Report 2004 Number of Calls June. late in 15% of low a to fall levels service saw calls in increase continued a and staff of turnover high unusually an when 2004, April until 80% above remained levels Service calls. abandoned in a rise and level service the in fall subsequent a to led levels staffing static relatively with combined calls in increase The 2,500. exceeded regularly calls weekly 2004, June By significantly. but steadily rise to began volumes call 2004, early in However, low, werevery averaging onlyaweek. 30calls calls Abandoned 90%. of level average an with exceeded, consistently was seconds 60 within calls of 80% answering of benchmark service-level the period, this During week. a calls 2,000 about steady relatively were Volumes year. financial previous the of that from little changed year financial 2004 the of months six first the during performance handling Call HandlingPerformance Call 1,000 1,500 2,000 2,500 3,000 50 0 0
5 Jul 2003 12 Jul 2003 19 Jul 2003 Calls Received 26 Jul 2003 2 Aug 2003 9 Aug 2003 16 Aug 2003 Calls Abandonedafterwaiting5secsormore Calls Answered Calls Received 23 Aug 2003 30 Aug 2003 6 Sep 2003 13 Sep 2003 , An 20 Sep 2003 27 Sep 2003 4 Oct 2003 swer 11 Oct 2003 18 Oct 2003 ed an 25 Oct 2003 1 Nov 2003 8 Nov 2003 15 Nov 2003 d Aban 22 Nov 2003 29 Nov 2003 6 Dec 2003 do
Telecommunications2004 IndustryOmbudsmanAnnualReport 13 Dec 2003 Week Ending n an impact. impact. an had all have Australia remote and rural in campaign awareness consumer DCITA’s and connections, broadband ADSL in surge the activity, industry increased but calls, in rise the caused what pinpoint to difficult is It 20 Dec 2003 delays. and enquiries consumer excessive to leading products new of take-up underestimated drastically have Members year, this instances several In help. TIO’s the seek consumers before complaints with deal to instance, first the in inability, Members’ TIO reflects partly probably also It TIO. the of services the for need consumer in growth genuine a show to appears and predicted than greater was increase This year. previous the 7.8%from of increase an complaints, 59,850 received TIO the 2003/04 In Mix Complaint ed June 2003toJuly2004 2003/04 2001/02 Year Complaint(%)Mix 27 Dec 2003 2002/03 3 Jan 2004 10 Jan 2004 17 Jan 2004 24 Jan 2004 31 Jan 2004
7 Feb 2004 Level1 14 Feb 2004 88.6 91.0 21 Feb 2004 89.7 28 Feb 2004 6 Mar 2004 13 Mar 2004 Level2 20 Mar 2004 27 Mar 2004 8.6 6.7 3 Apr 2004 7.8 10 Apr 2004 17 Apr 2004
24 Apr 2004 Level3 1 May 2004 2.2 2.5 8 May 2004 2.7 15 May 2004 22 May 2004
29 May 2004 Level4 5 Jun 2004 0.1 0.1 12 Jun 2004 0.1 19 Jun 2004 26 Jun 2004
31 In 2003/04, 89.7% of all complaints Complaint Outcomes were resolved at Level 1, just over a one percentage point increase on last year. Complaint Outcomes (Percentages) This indicates a lack of resources needed Neutral 16.4% by the TIO to escalate complaints rather than an improvement in Member responses. Partially in favour of Complainant 17.3% Partially in favour of Member 3.4% In 2003/04, Level 2 complaints made up Substantially in favour of Complainant 44.7% 7.8% of all TIO complaints, down from 8.6% the previous year, while 2.5% of Substantially in favour of Member 18.1% all complaints were escalated to Level 3. However, despite meeting case-raising When a Level 2, 3 or 4 complaint is closed benchmarks, with all staff working to or resolved, staff record an ‘outcome’. This capacity, the TIO had a large backlog is based on their understanding of whether by the end of the year. the complainant believes the case to have been resolved partially or substantially in Complaint Resolution Times their favour, or partially or substantially in the Member’s favour. Neutral outcomes are Complaint Resolution Average (In Days) also recorded but these are mainly where Year Level 2 Level 3 Level 4 a Level 2 or 3 complaint has not been 2001/02 52 66 81 resolved and requires escalation and further investigation, or where a complaint has 2002/03 63 80 104 had several ‘issues’ but only one has been 2003/04 61 84 146 formally investigated.
In 2003/04, there was a significant increase This year, TIO staff matched complaint in the percentage of complaints judged to resolution times for last year for Level 2 have been resolved partially or substantially and Level 3 complaints. The performance in favour of the complainant - 62.0% - up achieved in both years was well short of the from 54.9% in 2002/03. Correspondingly, Council-set key performance indicators of complaints judged to be partially or 48 days for Level 2 complaints and 62 days substantially resolved in favour of the for Level 3 complaints. These KPIs will be Member dropped from 24.1% last financial reviewed in the forthcoming year. year to 21.5% in 2003/04.
Level 4 complaint - resolution times also This is a disappointing result, indicating increased significantly this year due to that Members may not always fully the closure of many longstanding complex investigate and resolve complaints in a cases. The KPI for Level 4 closure times fair and reasonable manner until the TIO is 90 days and it is hoped that this will becomes involved. On the other hand, ACIF be met next year. Codes and TIO Position Statements now form benchmarks against which proposed For the first time this year we measured outcomes can more easily be judged fair review-closure times. The average time and reasonable. Members should always taken to review a case in 2003/04 was examine these tools when they are handling 89 days. A newly created Review Officer complaints internally. This might lead to position should see this figure decrease a decrease in the number of complaints to to under 40 days. the TIO. 32
Telecommunications Industry Ombudsman Annual Report 2004
Enquiry Officer Enquiry Jason Fink Jason
as reported above. reported as complainants, of favour in substantially or partially resolved complaints in increase the mirrors also probably decrease The decisions. for reasons evidence-based clear give to need the particular, in TIO, the by adopted measures assurance quality new of success the of indicative as seen be can decrease The years. previous than higher still but year, last 22.7%from of decrease a requested, were reviews 326 2003/04, In managers. direct their and Staff Investigations the of independent is and Ombudsman Deputy the to directly works Officer Review The 2004. early in Officer Review of position the create to TIO the led Managers Investigations by handled being work of volume the and requests review of complexity increasing The tool. assurance quality useful a as well as independence, TIO’s the of hallmark a been long has Staff Investigations by made decision a of Member staff senior or manager a by review a request to complainant every of right The Reviews
Enquiry Officer Enquiry Dean Hamence Dean
Telecommunications2004 IndustryOmbudsmanAnnualReport
Investigation Officer (Legal) Officer Investigation Alison Hollins Alison
33 LandlineIssues Landline Service Issues
Overview – 36,167 issues raised
Landline Issues
40% 35 30
25 %
20 12,998 / 35.9%
15 5,528 / 15.3% 4,451 / 12.2 % % % % % % 3,676 / 10.2%
10 3,043 / 8.4% 2,697 / 7.5% 5 908 / 2.5 790 / 2.2 563 / 1.6 522 / 1.4 469 / 1.3 393 / 1.1 23 / 0.1% 36 / 0.1% 0 70 / 0.2% l s s e n g g Faults Billin Privacy Portin Provision Contract Directorie Smart Card Pay-Phones Land Access Phone Card/ Credit Contro Disconnectio Customer Servic Disability Services Customer Transfer
In 2003/04, the TIO dealt with 36,167 A high number of complaints were received issues relating to landline services, a from customers claiming they had already 2.8% decrease on the previous year and paid a factored debt, but were having consistent with the trend set in the past difficulty in providing evidence (such as two reports. receipts) given the time that had passed since the debt initially accrued. Notably, Complaints about landline billing fell 10.5% some customers were confused as to why from 14,519 issues last year to 12,998 this the debts were being collected years later year. It is pleasing to report that complaints when the provider had often connected about Customer Service in this category new services without mentioning the decreased by 17.3% from 2002/03. This may outstanding debt. be due to some providers focusing on their IDR (Internal Dispute Resolution) processes Fault-related complaints increased by 21.6% with consequential benefits. from 3,022 to 3,676. Most of this increase appears to have been due to delays in fault As with Credit Control complaints in all rectification and the application of the other categories, those for landline services Customer Service Guarantee. increased significantly from 4,317 issues to 5,528, a 28.1% rise. These figures reflect a general tightening of credit terms throughout the telecommunications industry as well as some companies factoring old debts. 34
Telecommunications Industry Ombudsman Annual Report 2004
Investigation Officer Investigation
Andrea Ingram Andrea all services. across complaintof category largest single remained the billinglandline issues, all of 35.9%at mechanisms.Nonetheless, charging of understanding consumer growing with along decrease, this for responsible partly least at probably is bills of clarity greater and statements charge call local itemised of availability The year. last recorded 14,519 the than lower significantly were 2003/2004 in issues billing landline 12,998 The bills. of non-receipt the and fees administrative of imposition the to charges call of accuracy the about disputes from range Complaints services. landline with associated issues payment and billing all to relating complaints includes category This 12,998raised issues Billing costs. call in reductions marked offer they as consumers to appealing very are cards These year. this issues 393 to 2002/03 in 133 from trebled Cards Smart and Cards Phone about complaints Services, Landline to relation in logged issues all 1.1% of for only accounting Although year. last 42 from 36 to fell complaints Phone Pay 2002/03. in 546 from complaints 469 to fell complaints Access Land year. this dropped both complaints related Phone Pay and Access Land
Investigation Officer Investigation Chris Jensen Chris Telecommunications2004 IndustryOmbudsmanAnnualReport - Overcommitment (Premium Rate Services) Rate (Premium Overcommitment - on statement position its apply to continued has TIO the regulation, broader of absence the In calls. data and voice rate premium about consumers to information of provision the regulate will This effect. (No.1) 2004 Determination Services) (Premium Provider Service Telecommunications the 2004, August 19 from as addition, In services. 190 for charges call of advertising provider content the things, other amongst regulates, which Code, (TISSC) Council Standards Service Information Telephone the and services, sex telephone for billing 1999,regulates Act which Standards) Service and Protection (Consumer Telecommunications the of 9A Part are area this in controls regulatory specific only the Currently, trend. pleasing a 2002/03, in 653 from down calls, voice international rate premium about complaints 494 received also TIO The to steps active more taking providers • the of awareness consumer growing • reasons: two to due possibly is decrease The complaints. billing landline of 4.5% up made complaints These year. 579this to year last 924 from fell calls voice rate premium- 190 for charges about Complaints calls voice rate Premium liable for a larger-than-usual debt. larger-than-usual a for liable held be to consumer the for reasonable and fair is it whether deciding when considered be to factors identifies This unusually large. unusually are bills their if consumers contact and services; rate premium barring for means Unlimited Credit Credit Unlimited took took .
35 Premium rate data calls/dumping The process for investigating complaints where the complainant claims not to have 190 data/internet dialler complaints almost received a warning is different for 190x and halved from 3,268 in 2002/03 to 1,802 IDD complaints. This is due to the fact that in 2003/04. This was largely due to some content providers based offshore are not Members withdrawing from the billing of subject to compliance with any Australian these services. However, as predicted by Codes of Conduct. In cases of international the TIO, this decline was matched by a call dumping, the TIO places the onus on significant increase in international (0011) the Member to demonstrate that the website data complaints in 2003/04, up from 228 in question contained a warning about call to 1,968. Anecdotally, many 190 content charges. providers appear to have moved their services offshore. Regulation in all areas of premium rate and international voice and data calls Dumping occurs when a person visiting continues to be fraught with difficulty. The an internet site has their regular dial- previous Direction from the Minister to the up connection disconnected and then ACA to introduce a price-capping regime reconnected to an international or 190 has been revoked, apparently because of (premium rate) number. Generally, this united opposition by the major carriers, requires the user to download software, although no public statement was made. A often unwittingly, by clicking on an icon. new Direction has been issued requiring the Users often claim to have been unaware they ACA to establish rules for providers to give were dumped until later – when they receive detailed information to customers about the a phone bill with unusually high charges for costs of these services and other information. premium-rate or international charges. The ACA has made a Determination concerning these matters. The TIO receives and investigates complaints that are related to disputed international The TIO welcomes this initiative as a and 190 charges that have accrued through transparent step in giving consumers the use of internet dialler software. These adequate information. These requirements, complaints will generally fall into one of however, do not constitute an adequate two categories. Either consumers: consumer protection measure. The TIO • deny that the calls were made from their remains of the view that only price-capping service; or can properly protect all consumers from the risks of excessive credit usage. • they acknowledge that they entered the websites in question, but deny Other charges being warned that premium rate charges would apply if they proceeded past a This category includes complaints relating certain point. to administration, late payment and diversion fees, directory charges and In investigating these complaints, the TIO disconnection/reconnection charges. These refers to its Disputed (data) calls to 190x and complaints made up 27.3% of all landline International Direct Dial numbers (Internet billing complaints, compared with 25.8% Dumping) Position Statement, published in in 2003/04. Disputes in this category late 2003. often arise where consumers allege that the Member has failed to inform them of Where consumers deny the calls were made charges, or where a clear explanation of the from their service, the TIO asks them to charges is not presented on the bill. The TIO substantiate their claim. The TIO in turn is usually able to determine whether these provides all available information to the charges are legitimate. service provider and asks it to substantiate the accuracy of its billing. The TIO does not investigate complaints about the content of premium rate services. 36
Telecommunications Industry Ombudsman Annual Report 2004 payment plan for the remaining the charges. for plan payment reasonable a given complainantbe should the that accepted also provider The waived. be should lifted hadbeen bar the after incurred charges all that view TIO’s the accepted provider The problem. the to contributed mighthavecondition complainant’smedical the that noted also bar. TIO the ofThe removal justify paid,to beingcharges outstanding the as such circumstances, changenoof hadbeen there andwhen accrued hadbeen highchargesamountof unusuallyan that itwhen had identified bar the havelifted to provider the for reasonable not was it that decided TIO The Outcome: The Services) Rate (Premium Overcommitment – Credit on Statement Position TIO’s the to attention drew TIO The overcommitted. financially becoming from complainant the protect to taken had it steps the of TIO the inform to particular in and complaint, the on view its for provider the asked TIO The Response: TIO withdrawn. debt the have to representative complainant’s the by attempts the rejected provider the after contacted was TIO The episode. manic a during made been had calls the that claimed was it and behaviour obsessive and depression including conditions medical several from suffered complainant The 11-dayperiod. an over incurred been had debt The services. 190 to calls for $10,000 over of debt a incurred had who complainant a of behalf on TIO the contacted adviser legal community A Complaint: The UnlimitedCredit – Study Case the service six days later. days six service the on put bar was second a until 190 services to calls further made complainant the and removed was bar bar. The the of removal requested and provider the contacted then complainant However,the began. services 190 the to calls the after days four usage high unusually the detected it when service complainant’s the on bar a put had it that TIO the advised provider The . Unlimited Unlimited Telecommunications2004 IndustryOmbudsmanAnnualReport
cancellation fee has been calculated. been has fee cancellation the which by method the explain also should supplier a charges, these verifying when that, position TIO’s the is It fee. this charged customers to fee cancellation the of components the explain should provider service carriage a that believes also TIO The disconnection. early the of result a as only Member the to loss actual the of pre-estimate genuine a charged be should customers that is position TIO’s The account. an of non-payment for usually service, a of disconnection early about are complaints These common. more becoming are services bundled and landline for contracts for fees cancellation about Complaints 2004. late in Code a by replaced be to due is guideline The print. the of size and colour the to attention with legible, be should terms written that states and terms unfair about provisions includes guideline The provision. contract for practice industry best for standards sets which Guideline, Contracts Consumer ACIF the considers TIO the complaints, these investigating When complaints. landline of 1.6% was this occasions both On 2002/2003. in 602 with compared year, this contracts landline about complaints 563 received TIO The raised 563issues Contracts
Investigation Officer Investigation Peter Jones Peter
37 Credit Control Case Study – 5,528 issues raised Payment Plans The TIO received 5,528 complaints about credit The Complaint: control in 2003/04, a 28.1% increase on last A complainant said her telephone year’s total of 4,317. Credit control is now the service had been disconnected because second largest category of landline complaints the Member claimed she had not comprising 15.3% of all complaints. Increased adhered to a payment arrangement. selling, or factoring, of debts, and quicker The complainant disputed the claim, action by companies in disconnecting and saying she had been making regular defaulting non or late-paying customers has repayments. The complainant also said contributed to this increase, as has a lack her sole income was a disability pension, of flexibility in assisting those in financial she had a chronic illness and lived in a hardship with payment plans. remote location. In 2003/04 debt recovery remained the single TIO Response: largest category of complaint under credit control, accounting for 3,427 complaints, The TIO requested that the Member up from 2,517 in 2002/03. Complaints about reconnect the telephone service while debt recovery commonly include consumer the complaint was being investigated. claims that aged or factored debts: The TIO also asked the Member to • had previously been paid; provide customer care notes, details of past payment arrangements and • did not belong to them; advice about whether it had attempted • were outside the Statute of Limitations to negotiate a further payment period; and arrangement with complainant.
• that the provider had earlier agreed to The provider initially refused to waive the debt. reconnect the service. It maintained that it was entitled to disconnect The TIO’s investigations have shown that a the service because the complainant worrying number of such claims have merit. had not adhered to prior payment arrangements. Another issue contributing to the rise in credit control complaints is the sometimes The Outcome: hefty fees imposed by debt collectors, occasionally up to 27.5%. In most instances, The TIO acknowledged there was the imposition of the fee only compounds evidence indicating that the complainant the problems of those in financial hardship. had not adhered to previous payment In several cases, accounts have been referred arrangements, but that nonetheless it to debt collectors despite the charges being was clear that the complainant had made in dispute or the complainant attempting to regular payments towards the account. negotiate a suitable payment arrangement The TIO formed the view that previous with the provider. At least some of these payment arrangements may not have instances constitute a breach of the ACIF been reasonable, given the complainant’s Credit Management Code. minimal income. Ultimately, the TIO negotiated the reconnection of the Because complainants are at times unable to complainant’s service to local call negotiate suitable payment arrangements with access, and assisted the complainant Members, the TIO has introduced a position and Member work out a reasonable statement on financial hardship and payment payment plan commensurate with the plans. This statement recognises there are complainant’s income. complainants who want to pay their debts, but cannot do so within the timeframes and the repayment amounts allowed for by standard Member debt collection processes. 38
Telecommunications Industry Ombudsman Annual Report 2004
Enquiry Officer Enquiry Stephen Kinna Stephen ACIF. and ACA the to breaches code confirmed on reports TIO The question. in rule code the with complied has it believes it whether on comment to Member a ask will TIO the complaint, a investigating When Code. Handling Complaint ACIF the of breaches potential are TIO the by recorded issues/complaints service customer Most correspondence to respond to failure • customer’s a escalate to failure • spent time of length with dissatisfaction • (419 complaints); discourtesy • or inadequate giving providers service • action to provider service a by failure • included: complaints Common complainants. landline for issue complaint common most third the service, customer about were complaints, landline of 12.2% or 4,451 complaints, of total A 4,451raised issues Service Customer (222 complaints). (222 and complaints); (244 complaint complaints); (384 queues in complaints); (1,467 advice incorrect authorisation; transfer a of recording voice a play to refusing or requested as address billing a change or service a disconnect to failing carrier a included Examples (1,714 complaints). request a customer’s Telecommunications2004 IndustryOmbudsmanAnnualReport correct figure is 433. is figure correct The incorrect. was service new a of provisioning in delays about complaints CSG-related for Report Annual year’s last in shown figure The 2002/03. from increase an – service new a of provisioning the in delays about complaints CSG-related 602 were There 79. to 55 from rose disruption mass-service a of application the to relating Complaints complaints. fault landline all 3,676 for of figure total the of a third 1,233,almost to 33.6% by rose delays fault-rectification for complaints CSG-related year, This faults. and provisioning of categories the under complaints CSG records TIO The barring. call exchange-based excluding customer), a to opposed (as provider service carriage a by activated are that those as EHCFs defined also It area. that within exemption temporary a for apply could area particular a in share market small a with providers service carriage that provided amendment The effect. took 2000 Standard CSG the to amendment an 2004, February 18 the On compensation. to entitled be may customer the met, not are appointments or timeframes these If waiting. call as such (EHCFs), features call-handling enhanced and services telephone standard of connection the for and faults of rectification the 2001 Standard Amendment Guarantee) Service (Customer the in out set is (CSG) Guarantee Service Customer The Guarantee Service Customer . It sets timeframes for for timeframes sets It . Telecommunications Telecommunications
39 Customer Transfer Connect Outstanding 3,043 issues raised Connect Outstanding is a term used Customer Transfer or Churn complaints were to refer to a delay in connecting a down slightly from 3,287 last year, to 3,043 telephone service where a previous in 2003/04. customer or service provider has failed to disconnect the service at The majority of complaints (2,096, or the premises properly. There has 68.9%) again came from people who claimed been a 45.2% fall in this category that their phone service was transferred of complaint, from 547 in 2002/03 from one company to another without their to 300 in 2003/04. authorisation. This is also called slamming. In one third of these complaints, consumers Due to privacy legislation, new could not identify in the first instance residents sometimes have trouble how the transfer happened, and they only when trying to disconnect a service become aware of it when they received an registered in a previous resident’s unexpected bill. name. An industry-recognised procedure has therefore been developed that gives This year, the TIO worked closely with service providers 12 business days from some companies to examine the causes for sighting the new occupier’s lease or complaints about claw backs. A company proof of purchase to disconnect the might claw back a service if it believes it current service and provide a service has been transferred without the correct for the new customer. Complaints authority, or if it believes that it has a often involve two separate providers, contractual arrangement with a customer which explains the comparatively long that does not allow for a transfer of the period allowed for the completion of service or all of the services. a connection. When investigating these types of It is the TIO’s position that complaints, it is sometimes found that the compensation under the Customer original transfer was valid. In these cases Service Guarantee scheme may be the TIO expects the company that has sought where a provider does not meet clawed back the complainant to reverse the the timeframe of 12 business days. transfer and to waive the charges. If there This position, along with growing is a contractual obligation to stay, the TIO Member familiarity with this type of expects that the company will take steps to complaint, may have contributed to inform its customer that it is transferring the reduction in complaints. The TIO the service back before it happens. is part of a working committee for the development of an ACIF Code that will More than one third of unauthorised assist in the regulation of Connect transfers were attributed to telemarketing Outstanding complaints. practices where consumers can authorise a transfer over the phone, but under the Ideally, the TIO would like to see a Customer Transfer Code companies must reduction in timeframes in this area record and keep the authorisation for at so that consumers are not unduly least two years. disadvantaged by the actions of a third party. It is expected that a code Telemarketing transfers make it easier for would lead to improved consistency consumers who do choose to transfer their in the handling of Connect Outstanding services and easier for companies to win complaints. new customers. However, the TIO has again 40
Telecommunications Industry Ombudsman Annual Report 2004
continue to fall. fall. to continue complaints of types these complaints, delay handle to TIO the by procedure effective an and industry, the across implemented system transfer and billing new a of result a As complaints. Transfer Customer all 15.7% of just for accounted transfers customer in delays about Complaints sales. telemarketing and door-to-door about legislation fair-trading state-based on focus to TIO the led also has periods cooling-off during and telemarketing of result a as transfers unauthorised about complaints in growth The charges. associated any waive and transfer the reverse to provider gaining the expects TIO the cases these In knowledge. their without transferred been has service their discovers customer authorised actual the when arise Complaints located. is phone the where premises the at live they because or phone the use they because simply service a transfer to authority have they believe often People authorisation. the have they that agreeing consumers on rely companies the phone, the over recording a making When transfer. the effect to Code, Transfer Customer the 6.3.1 6.2.1of and clauses in outlined as customer, authorised the from consent informed gain must company A process. the in shortfall the highlight procedure authorisation oral the about Complaints authorisationprocess at the point of sale. properlyinformed by companies about the oral claimthat they are being misled or not being suspiciousof this practice. Consumers also fromconsumers who are not aware or are receiveda significant number of complaints
Investigation Officer (Legal) Officer Investigation Kim Lloyd Kim Telecommunications2004 IndustryOmbudsmanAnnualReport contracts. form to telephone the using companies of prevalence the given interest broad of one is issue the but concluded, be to yet is case This listing. a make to contacts customer of authority the confirms Sensis how about case test investigation systemic a running currently is TIO The listing. current a of renewal or listing new a for application of time the at contacts customer of authority the confirming for procedures Sensis’s in shortcoming possible a is attention TIO’s the to come has that concern of area One procedure. this reviewing TIO the to lead may directories, both produces which Sensis, with initiative marketing Telstra’s 2. Level at resolved be cannot they if Affairs Consumer Pages with agreement informal an only has TIO the because However, . Pages Yellow about complaints 136 received TIO The omissions. or to (74.1%)most related years, previous in As 790. to 853 from year, last since slightly fell Complaints raised 790issues Directories
, these complaints are referred to to referred are complaints these ,
Investigation Manager Investigation Debra Lusty Debra errors errors Pages White Yellow
41 Disability Services Claiming Compensation 23 issues raised for Business Loss This year, the TIO received 23 complaints Complaints that include claims for relating to disability and landline services, compensation for loss of business are down from 25 last year. They accounted for recorded under several categories, including: 0.1% of landline complaints. • fault rectification and connection This category includes complaints about delays; provisioning of disability equipment, • inappropriate credit management; the billing of such equipment, as well as • supply of incorrect services; and miscellaneous policies and decisions that are claimed to have a detrimental effect • White Pages errors or omissions. on disabled persons. Compensation claims may relate to landline, All but two complaints were resolved at mobile phone or internet services. Level 1 without further investigation required by the TIO. The first complaint To succeed with a compensation claim, related to incorrect billing for disability a business must establish that a specific equipment. The second involved a customer wrongful act or omission by their who had suffered a stroke and required his telecommunications provider was the direct bills in a particular format to be able to pay and material cause of a loss of profit. This them on time. The Member resolved each can be difficult, especially if the business without a TIO determination being required. is a new or growing one and the loss cannot be established by comparison with previous The TIO reviews and analyses complaints financial periods. A lack of specialised involving people with disabilities in knowledge on the part of complainants accordance with its Disability Action Plan, about the requirements for a successful which has been registered with the Human claim can serve as a barrier to the recovery Rights and Equal Opportunity Commission. of a business’s losses. The plan is available at http://www.tio.com. au/publications/dap/dap.pdf. The TIO can provide a Compensation Fact Sheet as well as detailed advice to assist with the compilation of claims.
Quite often the TIO will investigate whether there was fault on the part of the provider. If this is established, the business may then be referred to the provider directly to lodge a formal compensation claim. The TIO may become involved once again to assess the claim if the business is not satisfied with the provider’s response. Review Officer Review Mandarino Marcela 42
Telecommunications Industry Ombudsman Annual Report 2004
Enquiry Officer Enquiry
Sam Marquard Sam serviceearlierrequested. than servicea provider disconnects thecurrent identified whencustomers moveand Disconnectionerrorsare commonly wrongservice.thedisconnectionof or servicepremature a disconnectionof Disconnection-errorincludecomplaints address.vacated a at customer to a service a ofcontinuedbillingprovision and includeConsequencesoftenthe at all. disconnect failureto or dateagreed-upon an on service a disconnectprovider to service includea categorydelayfailure by disconnection-the in complaintsCommon disconnection-delaycomplaints. disconnection-error211 andcomplaints 311 receivedTIO the 2003/04 errors.In anddisconnectiondelaysof made up are categoryfinancial year.this in Complaints last 700 with compared522 complaints with 2003/04, continuedin complaints downwarddisconnectionThetrend in 522raised issues Disconnection
Investigation Officer Investigation Gillian McKenzie Gillian Telecommunications2004 IndustryOmbudsmanAnnualReport
to be applicable for the entire period. entire the for applicable be to standard CSG the for customer a by regularly reported be must faults Recurring CSG. the with accordance in unusable partly or wholly was service the whether determine to used be can record call itemised The record. call itemised an and analysis calling-pattern a reports, fault all provide to asked is provider service a investigation, faults a During faults. intermittent and/or recurring about were complaints 839 fault. the fix to CSG the under time had still provider service the where or apply not did CSG the where delays general about complaints 883 further a and applied, (CSG) Guarantee Service Customer the where complaints fault-related 1,233 recorded TIO The uncertain. is cause its and disappointing is figure This 21.6%. of rise a 2003/04, in 3,676 to 3,0222002/03 in from significantly, increased complaints faults numbers, overall in decline steady a of years several After 3,676raised issues Faults
Enquiry Officer Enquiry Michael McKiterick McKiterick Michael
43 Case Study – Land Access Intermittent Faults 469 issues raised The complaint: Commonwealth legislation allows A complainant in rural Queensland said carriers to enter land and install certain her line had been regularly dropping out telecommunications facilities without the since mid-2003. The problem became consent of the landowner or local planning worse when it rained. authority. Parliament considers these powers necessary to facilitate and encourage the TIO Response: construction of modern telecommunications networks. These laws have resulted in the When the Member responded to the rollout of significant landline and mobile TIO’s formal investigation it provided networks. fault reports that indicated that the complainant had first reported the The TIO has jurisdiction to investigate fault in late 2003. However, from objections by owners or occupiers of land late November 2003 to February 2004 regarding the exercise of these statutory the complainant had made numerous powers. The TIO does not have jurisdiction complaints about repeated dropouts and to consider complaints from members of having no dial tone. This only ceased the community who do not own or occupy once the Member carried out major works the relevant land. on its network. The service provider claimed that each fault reported was The TIO received 101 out-of-jurisdiction caused by a different problem with the complaints this year from non-landowners. network, and the faults were therefore The community does now have some say unrelated, for the purposes of the regarding the installation of mobile base Customer Service Guarantee (CSG). The stations as a result of the Australian Member claimed that it had rectified Communications Industry Forum’s most of the faults within the required Deployment of Radiocommunications timeframes. The Member agreed to pay Infrastructure Industry Code, which came an amount under the CSG for one period into full effect in April 2003. However, of delay, but denied liability for the this does not alter the TIO’s jurisdiction. four-month period. The past year has seen two significant The Outcome: court decisions regarding carrier powers, Hurstville City Council v Hutchison 3G While the TIO was not convinced that Australia Pty Ltd [2003] NSWCA 179 (8 July the faults were separate in nature, it 2003) and Hutchison 3G Australia Pty Ltd v declined further investigation of this Director of Housing & Anor [2004] VSCA 99 complaint because the calling-pattern (3 June 2004). These decisions will be very analysis of the period before and after persuasive in the TIO’s consideration of the fault showed no major difference future objections. in call numbers and durations. It would therefore be extremely difficult to argue that the service had been rendered wholly or partly unworkable for the purpose of CSG rebates. Additionally, the Member had provided other credits Member Services Adviser Services Member McLeod Kate in response to the complaint, and the TIO therefore believed that the outcome was reasonable. 44
Telecommunications Industry Ombudsman Annual Report 2004
Public Affairs Manager Affairs Public Phillip Money Phillip
earthworks to avoid cable damage. cable avoid to earthworks performing landowners for difficult it makes record thecable’scorrectly position. This true always not do cables underground of Maps mapped. correctly are facilities underground that ensuring as such infrastructure, their protect to steps reasonable all take should carriers that considers also TIO The Dig’.You Before ‘Dial contacting includes This facilities. telecommunications to damage avoid to steps reasonable all take landowners that important it considers TIO The infrastructure. carrier damaged for received had they bills regarding landowners from 141 complaints were There facilities. existing of location the concerning complaints 69 with property, or land their damaged facilities installing carriers that complained 151landowners instance. one only in given being activity the in engage should carrier the that manner the regarding direction a with proceed, could activities these of each that considered TIO The years. four past the over decrease significant a represents This Telecommunications Code of Practice 1997 Practice of Code Telecommunications the under received were activities carrier to objections Seven 2002/03. in issues 546 from 14% fell complaints access Land
Investigation Officer Investigation Olivia Munro Olivia . Telecommunications2004 IndustryOmbudsmanAnnualReport in each particular case. case. particular in each ‘reasonableness’ of test objective an apply would and payphone, a of relocation or removal location, the to relating criteria and processes Telstra’s to regard have would TIO the complaints, such investigate to order In payphones. of relocation and removal installation, the about complaints investigate to power the given be TIO the on report its in ACA the by a recommendation follows This year. coming the in expanded be will payphones over jurisdiction TIO’s the that likely is it However, faults. to relate predominantly complaints These raised issues36 Payphones rates from major cities or localised areas. localised or cities major from rates cheaper at usable only are many as cards, calling for instructions and conditions terms, the reading about vigilant particularly be should Consumers destinations. overseas to particularly quality, line bad and connection a gain to inability the faults, concern also but issues service customer and rates of misrepresentation the to relate mainly They 1. Level at resolved are complaints Most Scheme. TIO the joining and business card phone the entering companies of number the in increase the to attributable mainly is This year. last made number the times three almost year, this cards phone about complaints 393 were There 393raised issues PhoneCards that the the that Review Policy Payphone
45 Porting Priority Assistance 70 issues raised Telstra’s Priority Assistance Policy Landline portability allows a customer (PAP) for residential customers to have their calls carried on a different diagnosed with a life-threatening carrier’s network without having to change medical condition took effect in 2002. their number. The landline porting category Customers must complete an application incorporates complaints that relate to form and provide a medical certificate the porting of local numbers, free phone to support their claim of eligibility as a and local rate numbers (that is 1800 and priority customer for service provision 1300/13 numbers). and fault rectification. Of the 70 complaints, 51 related to In 2003/04, complaints about faults delay and 19 concerned unauthorised with priority services and complaints porting by Members. about priority service provisioning delays rose to 65 and 44 respectively, compared with 58 and 29 complaints Privacy respectively for 2002/03. 908 issues raised In handling these types of complaints, There were 908 complaints about privacy the TIO can now refer to the ACIF in 2003/04, almost 100 fewer than last year. Industry Code, Priority Assistance for The figures represent 2.5% of all landline Life-Threatening Medical Conditions. complaints. Issues covered by the privacy This code seeks to promote consistent category included: industry arrangements and to address delays priority assistance customers • disclosure of personal information – 234 may experience with faults and complaints; provisioning. • silent number publication – 131 complaints; The TIO will investigate complaints where a priority assistance customer • interception allegations – 66 complaints; alleges that they have not been and provided with an interim or alternative • failure to block Calling Number Display service. – nine complaints. Investigation Officer Investigation Nangle Paul 46
Telecommunications Industry Ombudsman Annual Report 2004 provider has followed the ACIF the followed has provider a whether checks it calls, unwelcome about claims investigates TIO the When occupant. previous a to directed calls receive may lessee new the so earlier, released be can they months, six of period a for quarantined generally are numbers while and infinite, not is customers to available numbers of range The faxes. unwelcome and calls reminder wake-up including number, of change a after problems reported complainants Other telemarketing. cease to requests complainants’ to responding not providers service about were 3 or 2 Level at investigated complaints call unwelcome the of Several year. last 34.7% with compared complaints), 468 or (51.5% issue this about were complaints privacy landline of half over year, This calls. (nuisance) unwelcome about complaints in increase significant a is interest greatest Of are different. different. are providers service parties’ B and A the where delays lengthy seen has TIO the However, straightforward. generally is process the then same, the is parties B and A the for provider service the If party). A (the service calling the leases who person the to letters warning sending and tracing call organising involve also can but number, of change a party) B or called (the complainant a offering involve simply may This code. of Life Threatening and Unwelcome Calls Unwelcome and Threatening Life of
Handling Handling
New Media Officer Media New
Donna Nolan Donna
Telecommunications2004 IndustryOmbudsmanAnnualReport
Member Services Manager Services Member Sarah Nye Sarah
47 Silent Line Disclosure Provision In last year’s report, the TIO expressed 2,697 issues raised concern that some providers may not have Provisioning complaints remained steady had adequate procedures to record and this year at 2,697 (7.5% of all landline implement privacy-related requests, for complaints) compared with last year’s 2,704. example, to suppress telephone number and address details in directories. However, complaints about delays and associated eligibility for compensation In 2002/03, there were 281 claims of under the Customer Service Guarantee (CSG) unwanted publication of silent numbers scheme accounted for just over a third of in directories. In 2003/2004, complaints all provisioning complaints this year, a rise recorded under this category more than of 28.9%. These figures include complaints halved to 131. about provisioning delays for in-place (existing) services, which rose by 21.4%. The disclosure of a person’s telephone number or address is potentially a very Complaints about delays in the connection of serious matter. In many cases, people new services rose. This is of concern to the take these steps in order to ensure their TIO, even if it is due to a growing consumer personal security, either for work-related awareness of the CSG. Payments under the or personal reasons. CSG are meant to be paid automatically by providers. These figures may suggest When this information is revealed, the inadequacies in providers’ systems. affected person often feels that they must take drastic measures to re-establish their Overall, most categories of provisioning security. In extreme cases this may involve complaints appear to have decreased due to moving house. innovative industry procedures and responses from companies to increased consumer demand for more complex and multiple services. However, the substantial increase in complaints about delays in provisioning, CSG eligibility and compensation may need to be examined further. Investigation Officer (Legal) Officer Investigation Ohri David Manager HR and Finance Panopoulos Marianna 48
Telecommunications Industry Ombudsman Annual Report 2004 transfers from other providers. other from transfers accepting or services new connecting when procedures stringent follow to required were representatives its that maintained provider the Significantly, number. silent/unlisted a for request a of record no had it that maintained provider The provider. her from line silent a requested had she that testifying witness a from statement a provided also She listing. roll electoral ‘silent’ a arranging andBox PO a to sent mail addressed personally all having included These security. her protect to past the in taken had she steps the demonstrating evidence provided complainant The revealed. being details her of months two within threat death a received she that claimed complainant The $6,000. about costing home, her at measures security additional implement to compelled felt she result, a As requested. as Box PO her to than rather address street her to name her in mail sent provider service new her that claimed also She provider. service another to transferred she when overlooked been had request line silent her that TIO the to complained officer police A Complaint: The SilentLineDisclosure – Study Case Telecommunications2004 IndustryOmbudsmanAnnualReport attention to detail are essential. essential. are detail to attention and Care customers. their of requests and needs specific the to attention careful pay to need levels all at staff providers’ designed, well be to need procedures and systems While service. customer about point important an highlights This address. postal her to go correspondence all that address street complainant’s the to compensation agreed the for advice remittance its sent provider service the Furthermore, requirements. privacy customers’ new ascertain to place in procedures stringent had it that assertion provider’s the contradict to appear would This field. number unlisted silent/ the of completion require to designed not appeared systems computer own provider’s the that was interest Of do. to agreed it which compensation, requested the pay to provider the asked TIO The Outcome: The number. a silent required she whether complainant the ask to failing by procedures own its followed have not might provider the that concluded TIO the evidence, this of basis the On blank. remained had database activation the in field relevant the that found It records. system provider’s the examined TIO the investigation, the During Response: TIO , despite the complainant’s request request complainant’s the despite ,
49 MobileIssues Mobile Service Issues
Overview – 21,465 issues raised
Mobile Issues
30%
25
20 3,692 / 17.2% 3,566 / 16.6% 15 5,719 / 26.6% 2,710 / 12.6% 4,756 / 22.2% 10 % % % % 5 318 / 1.5 290 / 1.4 268 / 1.2 123 / 0.6 2 / 0.0% 20 / 0.1% 0 1 / 0.0% l s s e n g g Faults Billin Privacy Portin Provision Contract Directorie Land Access Credit Contro Disconnectio Customer Servic Disability Services
The number of complaints about mobile Mobile contract complaints, in particular services rose from 16,773 in 2002/03 to those about misleading advice at 21,465, an increase of 28.0%. point of sale, increased 37.3%. These cases can be difficult to investigate There were significant increases in several as often the evidence consists of one categories. Complaints about handset party’s word against another. And network and coverage faults increased, often enticements to enter into a new by 80.0%, from 2,051 issues to 3,692. contract or to transfer between providers About two thirds of these complaints leave complainants unaware or confused related to handset faults, reflecting the about their responsibilities under any expansion of the TIO’s jurisdiction in this existing contract. area. 3G handset faults also contributed to the increase in complaints and were As with landline and internet services, the subject of a TIO systemic complaint credit control complaints in relation to investigation. Interestingly, CDMA faults mobile services rose 50.2%, from 2,374 now account for half of all coverage fault issues in 2002/03 to 3,566 this year. issues. Many of these complaints related to what may be perceived as Members’ inflexible approach to negotiating extended payment arrangements with customers experiencing financial difficulties. 50
Telecommunications Industry Ombudsman Annual Report 2004
by the customer. customer. the by to agreed that to fee access a different charging or service a of cancellation the after fees charging Members about were complaints of types common most The services. CDMA, than rather GSM, to relating complaints most with 2003/04 in 669 to 6172002/03 in from moderately, rose complaints fee connection and Access Fees Connection and Access fees. access monthly and charges message SMS/MMS made, calls regarding disputes include complaints mobile Typical complaints. mobile total the of quarter one under just for accounted and 4,7972002/03, in with compared 2003/04 4,756in with steady, fairly remained complaints billing Mobile 4,756raised issues Billing steady. remained issues, of 22.2% at billing, mobile about Complaints total. overall the of a proportion as significantly increased has category Neither 1.4%). (1.5%and complaints phone mobile total of percentage small very a only still were but respectively, 61.1%51.4% and up significantly, rose complaints Porting and Disconnection
Investigation Officer Investigation Tom Parbery Tom Telecommunications2004 IndustryOmbudsmanAnnualReport
an increase in this type of complaint. of type this in increase an to lead will other each to clips audio and photographs colour send to users phone thatallow mobile-of availabilityMMS services increasing the whether seen be to yet is It industry. the in problem systemic a is there whether determine to closely complaints these monitoring be will TIO The services. (chat) SMS rate premium about complaints see to began TIO the 2004, May in time, first the For users. mobile by services message SMS/MMS of use increasing the reflecting 2003/04, in 224 to 2002/03 in 108 from rose charges SMS/MMS disputed about Complaints SMS/MMS 2002/03. in received complaints 775 the from up service, mobile another to service mobile one from made calls disputed about complaints 881 received TIO the 2003/04 In Mobiles to Calls 89. at small relatively remained lines chat and sex information, to calls mobile disputed about complaints of number The Services) Rate (Premium Lines Chat And Sex Information,
Admin. Assistant Admin. Lu Quintanilla Lu
51 Case Study – Contracts Long Duration Calls 5,719 issues raised The Complaint: Complaints about mobile contracts rose A complainant contacted the TIO about from 4,164 to 5,719 in 2003/2004, an a bill for a mobile call that went for increase of 37.3 per cent. 2 hours and 50 minutes. She said she This increase was largely due to a surge of would never speak for so long. The complaints alleging misleading practices by Member told her the call was valid and telemarketer agents employed and used by RSL the charges accurate. Com Mobile, now trading as SimPlus, leading TIO Response: the TIO to refer the Member to the ACA. The matter remained unresolved despite Many complaints were about point-of-sale the complainant calling the carrier, advice. These cases can be difficult to so the TIO asked her to make a formal establish as they generally involve verbal complaint. The carrier proposed that as advice, or one person’s word against another. it was apparent that the call was made However, the TIO routinely investigates in error only wholesale costs be charged. these types of complaints despite the The complainant did not feel this was difficulties in obtaining written evidence. satisfactory as she was adamant that she did not make the call. The TIO requested When investigating point-of-sale complaints, technical data to substantiate how the the TIO will gather evidence about the call was initiated and terminated. contracts and arrangements entered into by the parties. Promotional material at The Outcome: point of sale, statutory declarations and advertisements are considered where relevant. The carrier made a business decision that due to the time invested in If the case is about telemarketing advice, attempting to resolve this complaint, the TIO will also consider transcript evidence it would waive the charges. or voice recordings of the contract. The TIO will consider the merits of each case, based The TIO has a position statement about on the strength of the evidence received. long duration calls which states that where all parties agree that the most likely cause of the call was an error (that is, both parties failed to hang up the phone correctly) the Member should negotiate a fair and reasonable outcome with the consumer. This would usually include some sort of reduction in the bill. Investigation Officer Investigation Rathouski Kalma (Legal) Officer Investigation Rice Kelly 52
Telecommunications Industry Ombudsman Annual Report 2004
Finance Officer Finance Debbie Ross Ross Debbie contract. the of term unexpired the of result a as Member the to loss of pre-estimate genuine a reflect should fees termination early penalty, or charge fixed a being than rather that, states which contracts mobile for fees termination early about statement position a has TIO The hosted. it forum industry the in ago years two than more established position known well TIO’s the to reacted not have members industry some that suggests it because worrying is increase This year. previous the in complaints 959 from 1,004 to rose complaints ETF 2003/04 In loss. of pre-estimate genuine a rather penalty, a constitute may and plan, or contract customer’s a on left term the reflect reasonably not do often fees early-termination fixed high that found has TIO The prematurely. contract a terminate who customers to (ETFs) fees termination early charge providers service Mobile fees termination Early Telecommunications2004 IndustryOmbudsmanAnnualReport supplier’sany with affiliation other suppliers. the misrepresent or mislead not do and in aservices clear, andtruthful honest manner supplier’s the present representatives sales its that ensure must supplier a that provides the ACIF ACIF the 6.5.1 of clause of breach possible a citing B, Company with complaint a raised TIO The Response: TIO A’snetwork. Company uses which provider service different a B, Company with was contract new his that advised was he charges, the queried he When A. Company by fees termination early in $612 charged subsequently was complainant The A. Company with also was contract new the that believing agreed, complainant The penalty. without contract new a into enter and A Company with contract mobile his terminate could he that complainant the told telemarketer The A’snetwork’. Company of behalf on ‘calling was he said who telemarketer a by approached was he claimed complainant A Complaint: The Sale Pointof the Misleadingat Advice – Study Case A’s network’. A’snetwork’. Company of behalf on ‘calling as themselves introduced longer no telemarketers its that so scripting, telemarketing outbound its change to agreed also B Company account. previous his reactivate and fee termination early the waive to agreed A Company and contract new the from complainant the released B Company Outcome: The Customer Transfer Customer Code. This clause clause This Code.
53 Credit Control Case Study – 3,566 issues raised Debt Collection Mobile credit control complaints rose The Complaint: 50.2% from 2,374 in 2002/03 to 3,566 in A telephone company sent the complainant 2003/04, mirroring the trend seen in landline a letter of demand for an outstanding debt. complaints. Like landline complaints, debt The letter was addressed incorrectly but recovery also accounted for a large number of the complainant ultimately received it. complaints (2,298) in the mobile sector, the He paid the overdue account but began to third largest area after billing and contracts. receive calls from a debt-collection agency for a different amount, for which he had Although the factoring or selling of debts not received any accounts. He called his by several Members continues to contribute telephone service provider to request a to the rise in complaints, the referral of copy of the account and to confirm that his accounts to debt-collection agents has address details had been updated. He did not also led to an increase in complaints. It is receive the account copy and then received a concern that complaints relating to debt more calls related to the overdue account. recovery have almost doubled from 2002/03, He then contacted the TIO. when the TIO received 1,336. Like landline complaints, anecdotal evidence suggests TIO Response: that many complainants’ accounts are being referred to debt collectors because they The TIO asked the Member to confirm that have unsuccessfully attempted to negotiate the original accounts, reminder letters and a reasonable payment arrangement with any other documentation had been sent to their provider. the complainant’s correct address. The TIO also asked to see the customer care notes Complaints about payment arrangements, to verify that the complainant had contacted which include the inability to negotiate a the service provider to update and confirm reasonable payment plan, rose to 390. The his address details. The TIO also requested increase in credit-control complaints may copies of the accounts in question, as the also be a result of some Members’ inflexible complainant claimed that he had still not credit-management processes. seen these bills. The TIO has developed a position statement The Outcome: on financial hardship and payment plans to address these issues. The telephone service provider admitted that the accounts and overdue reminders had been sent to the incorrect address on each occasion. As a gesture of goodwill, it withdrew the overdue charges in question and recalled the account from the debt- collection agency.
The TIO often deals with accounts that have been put into the hands of debt-collection agencies, sometimes after a credit default has been listed against the complainant with a credit-reporting agency. This example Enquiry Officer Enquiry Sawle Andrew illustrates the curious fact that although the telephone service provider was unable to contact the complainant about the outstanding account, the debt-collection agency contacted him by letter and by telephone without any apparent difficulty. 54
Telecommunications Industry Ombudsman Annual Report 2004 accordance with its its with accordance in disabilities with people involving complaints analyses and reviews TIO The policy. the on decision a make to required not was TIO the and 1 Level at resolved was case This warranted. was discount no and luxury a are phones mobile that was position Member’s the Initially, phones. mobile from calls ‘call-connect’ on appropriate was discount a that believed complainant The disabilities. particular with persons for luxury a as phone mobile a regard to appropriate was it whether about was received complaint only The Services Disability the in listed be however, can, They directory. any in listed are numbers phone mobile few that fact the reflecting omissions), or errors to relating 16 (with category, this in recorded were complaints 20 Only Directories complaint. of cause a also were times waiting queue Long complaints). (901 advice incorrect or inadequate of provision and (1,164 complaints) request a action to failure the concerned complaints common most the 2002/03, with As 12.6%. with largest fifth to issue service mobile largest third from fell category the but year, last 2,607 from 2,710, to increased complaints year This Service Customer 20 issues raised issues 20 2,710raised issues au/publications/dap/dap.pdf http://www.tio.com. at available is plan The Commission. Opportunity Equal and Rights Human the with registered been has which 1 issue raised issue 1 and and White for a fee. a for Pages Yellow
Disability Action Plan Action Disability
, Telecommunications2004 IndustryOmbudsmanAnnualReport account for 57.2% of coverage fault issues. issues. fault 57.2%coverage of for account and quadrupled now have services CDMA with faults coverage However, whole. a as complaints fault mobile in increase the with consistent broadly is This 2003/04. in 814 to year financial 513last from 58.7%, by rose complaints Coverage issues. network and coverage comprises also category faults The faults. handset reported in increase the to contributed also which handsets, 3G Hutchison to relating complaints of pattern a following investigation systemic a initiated TIO The 1,1792,460. to from doubled complaints handset Mobile complaints. mobile-related of source third-largest the be to issues credit-control and service customer overtaken have Faults service/contract. bundled a of part as sold been has handset the if faults handset about complaints with deal to it allowed which 2002, September in Constitution TIO’s the in change a to attributable largely is This 2003/04. in 3,692 to 2002/03) 2,051in (from 80.0% by dramatically rose complaints fault Mobile Faults complaint’. ‘double a become to potential the have therefore They request. a action to failed has provider service a allege consumers where complaints service customer to over spill also may complaints disconnection mobile complaint, of area large a not While (183complaints). service GSM a of disconnection the in delays about were complaints most years, previous over set trend the with line In disconnection. in delay a been has there where or error in disconnected been have that services on statistics contains category This complaints. phone mobile of 1.5%or 318 only for accounted Disconnection Disconnection 3,692raised issues 318raised issues
55 Case Study – The Member also provided customer care SIM Card Not notes showing that the complainant had only asked whether the SIM was compatible Transferable to with other handsets several days after the Other Handsets contract was signed. And the company provided a statement from the salesman The Complaint: denying that he had told the complainant that the new SIM card could be used in older Although happy with his existing model handsets. handset, the complainant signed up to a contract with a new provider because The Member advised that as a goodwill he liked the particular plan associated gesture it was willing to release the with the offer. His wish was to use complainant from the contract without the SIM card from the new contract in penalty and that he would be reimbursed for his existing handset. The complainant monies already paid. However, the company claimed that the salesman had confirmed advised that it would not cover the costs that this would be possible. The associated with the termination of the complainant cancelled the contract contract with the complainant’s previous with his old provider, incurring a $400 carrier. termination fee as a result. The Outcome: Upon placing the new SIM card in his old handset, the complainant found The TIO concluded that, based on the that the service would not work. He evidence provided, the resolution proposed tried the SIM card unsuccessfully in two by the Member was a fair one. This was other handsets and then telephoned his because there was no evidence that the new provider. The provider advised him Member had advised the complainant that that his new SIM would not work in his the SIM was transferable prior to the old phone as it used a more advanced complainant agreeing to the contract. technology than his old handset allowed. The complainant asked if a compatible With rapidly changing and alternative SIM using a lesser technology could technologies now available to consumers be provided on the same plan and was it is of the utmost importance that options advised that this would not be possible. for transferring SIM cards and handsets He therefore asked for the contract to are thoroughly explored prior to agreements be cancelled and for the company to being signed. Not all SIM cards are reimburse him for the termination fee transferable and not all handsets can be he had incurred with his old provider, used on different mobile networks. a request that was refused. TIO Response: The Member advised the TIO that the service supplied was consistent with the signed agreement. The Member said it had made the applicant aware of termination fees from his old provider if he cancelled his old contract early. The TIO confirmed that this was clearly Enquiry Officer Enquiry Spier Bryan outlined on the signed contract. 56
Telecommunications Industry Ombudsman Annual Report 2004 268 issues raised issues268 • failure to block Calling Number Display Display Number Calling block to failure • service carriage from received spam • about advice inadequate of provision • – complaints privacy general • – details personal of disclosure • complaints; 97 – calls unwelcome • involved: Complaints complaints. 244 year’s last than more slightly privacy, telephone mobile about complaints 268 registered TIO the 2003/2004 In Privacy provider. service different a with is to agreed have they that contract new the that aware made been not have they that claims complainant the which in practices telemarketing to relate these of Several 2002/03. in 44 to compared ports, unauthorised of complaints 77 received also TIO The so. do to fail but contracts, current their under fees termination out pay will provider new their that advised been have they that claim who people from complaints receive to continues TIO The rise. the on be to appear sale of point at information misleading about Complaints process. porting the in delays to related half About year. previous the 180 MNP, from to up relating complaints 290 received TIO the 2003/04 In number.your retaining while provider another to service mobileyour transfer to (MNP)ability the is numberMobileportability Porting 290 issues raised issues290 – one complaint. one – and complaints; five – providers complaints; 10 – spam 63 complaints; 92 complaints;
Telecommunications2004 IndustryOmbudsmanAnnualReport ACIF ACIF the to regard has also TIO The spam. managing to relation in advice/assistance inadequate provided has provider service the where or provider, service own their by spammed being is customer mobile a where complaints investigate to able is TIO The messages. electronic commercial send to used information personal the handle and collect organisations way the oversees (MMS) Service Messaging Multimedia and (SMS) Service Message Short via including mobile by delivered be also can but email, by sent usually is It messaging. electronic commercial unsolicited as defined is Spam 2004. April in effect into came Act Spam the after spam mobile to relating categories new added TIO The Provision phone carrier. phone the to back referral a with promptly quite resolved be generally can complaints These phone. the over contract a to agrees customer a after handsets receiving in experienced delays to relate now complaints most that noticed has TIO the However, category. this in complaints most caused allocation number in delay a Historically, telephones. mobile GSM and CDMA for delays provisioning incorporates category This in 2002/03. received complaints 99 the on increase an is This 2003/2004. in provisioning mobile about complaints 123 received TIO The spam to the spamming party or to the ACA. ACA. the to or party spamming the to spam about complaints other all refers TIO The spam. about complaints 123 issues raised 123issues SMS Issues Issues SMS
Code when investigating investigating when Code . The Spam Act Act Spam The .
57 InternetIssues Internet Service Issues
Overview 10,388 issues raised
Internet Issues
35%
30
25 2,274 / 21.9% 20 1,901 / 18.3% 3,233 / 31.1% % 15 1,340 / 12.9% % % 10 786 / 7.6
5 406 / 3.9 337 / 3.2 95 / 0.9% 0 16 / 0.2% l s e n g Faults Billin Privacy Provision Contract Credit Contro Disconnectio Customer Servic Customer Transfer
The TIO received 10,388 internet service billing for excess usage, incorrect advice complaints, 19.5% more than last year. from customer-service personnel, faults Billing continues to account for the largest and contracts. proportion of complaints. The number of provisioning complaints for ADSL services The TIO also introduced a Customer (1,103), however, indicates the growing Transfer (Churn) category to its reporting move from dial-up to broadband, with ADSL in 2003/04 as ‘fast churn’ became available the most accessible broadband technology in between some ADSL providers. A systemic the country. As a consequence of this trend, investigation relating to this issue was the TIO introduced separate categories in undertaken during the year. Some minor 2003/04 for ISDN, ADSL, satellite, cable and clarification was also made to the internet dial-up internet as a tool to analyse trends. privacy category as a result of new spam In the 2005 financial year, wireless internet legislation. will join these categories. In 2003/04, the TIO agreed to accept For the first time broadband service complaints from consumers who have complaints exceeded those about dial-up subscribed to services supplied under services. Complaints have primarily been DCITA’s Higher Bandwidth Incentive Scheme about ADSL and relate to issues such as (HiBIS). The TIO will be reporting complaint numbers and types to DCITA during the 2004/05 financial year. 58
Telecommunications Industry Ombudsman Annual Report 2004
Enquiry Officer Enquiry
Aaron Tan Aaron (265). applied been not has credit or adjustment billing a where complaints and (213) complaints debit direct unauthorised of number the are statistics TIO’s the by highlighted concern of areas Other broadband. to customers dial-up of migration the to due likely most is reduction This 2003/04. in 294 to 411 2002/03 in from significantly, fell ISP their by number phone dial-in of-presence point- incorrect the provided being allegedly of because charges long-distance incurred have who consumers from Complaints this. with them assist to available are tools what and charges usage excess high from themselves protect to how know to need internet up dial- with consumers even that suggests This services. dial-up on usage excess for bills concerned complaints these of 40% About 2003/04. in 991 to 2002/03 in 844 from increased also (upload/download) usage excess disputed about Complaints year. last on increase 15.3% a complaints, 918 with fees, access disputed about was complaint billing of area significant most The ADSL. to quarter a and services dial-up of billing the to related half about these, (3,347).Of year last on reduction slight a 2003/04, in complaints billing 3,233 received TIO The 3,233 raised issues Billing
Personal Assistant Personal Astra Taurins Taurins Astra Telecommunications2004 IndustryOmbudsmanAnnualReport number is charged at local call rates. call local at charged is number the that check they ensure to provided be will warnings placed appropriately and clear that expects TIO the themselves, number dial-in a select to required are users new where that says charges POP STD on statement position TIO’s The Response: TIO location. their from call local a be would it that check to them advised and number dial-in their changing of process the through customers guided program attached The Australia. in anywhere from call local a of cost the for accessed be could number single a that customers notify to used been had box pop-up a that TIO the to evidence provided ISP The number. STD long-distance a dialling been had computer her that indicating bill phone a received later she and number, the changed had ISP her point some at that claimed she However, internet. the access to number (POP) presence of point local a dial to computer her programmed correctly had complainant The charges incurred. incurred. charges call STD for complainant the reimburse to liable not was ISP the that found TIO the ISP, the by provided advice the ignored had complainant the that appeared it as and user new a by number dial-in a of selection the to akin was situation This Outcome: The The Complaint: The STDPoint of Presence (POP) – Study Case
59 Case Study – Broadband Unauthorised Direct The numbers of complaints about broadband Debits services exceeded dial-up internet for the The Complaint: first time this year, bringing new challenges for the TIO. The TIO received a complaint about a Member making unauthorised direct Many of the issues are similar to those that debits for a dial-up internet account surfaced when competition was introduced when the customer had not activated in landline telephony. The co-regulatory or used the service. The complainant framework for landline telephony is now claimed the provider debited his account supported by an industry code regime, which for two months’ access despite advising is not the case for broadband internet. It him that it would not do so unless he is clear to the TIO that solutions to many called to formally activate the account. industry-wide problems need to be sought, and that industry codes may be the answer. TIO Response: During 2003/04 the TIO considered whether The TIO expects a provider to refund it would be appropriate to vary its ‘Bill the disputed charges where evidence Biller’ policy (See Glossary) with respect to indicates that a customer’s account has ADSL complaints. With a large number of been incorrectly debited. However, it complaints about ADSL services, resolutions should be noted that many ‘trial’ or ‘free’ for consumers were becoming increasingly internet set-up discs require credit card difficult to achieve due to the complex details before the consumer can proceed. wholesale arrangements for ADSL services, After the trial period has ended, the and the reliance in most cases on Telstra onus is on the consumer to indicate to to provide the ‘last mile.’ the provider that they do not wish to continue with the service. Detailed below are the types of issues considered by the TIO. If this is not done, a provider will often commence monthly account debits. In ADSL Transfers investigating these complaints, the TIO has regard to whether the advice about Until mid 2003, changing internet service the need to cancel the service was made providers was occasionally very difficult: clear and whether the service has actually consumers were required to disconnect their been used. ADSL service with their existing provider and then arrange a connection with their The Outcome: new provider, most commonly at the same price as a new connection. This would The provider waived all the charges usually mean a lengthy period of time with debited from the complainant’s account, no service, and the possibility of losing ‘the but the complainant requested that port’, from which the service had previously dishonour fees and interest also be been supplied, to another customer. refunded. Without admission of liability, the provider also agreed to refund all A voluntary process developed by a number bank fees. of ADSL suppliers, designed to simplify the transfer of ADSL services, has had many tangible benefits for consumers, including reduced cost, reduced downtime and reduced delays. Under this new procedure the cost to the consumer of transferring to a new ADSL service provider is often substantially less than having a new service connected. 60
Telecommunications Industry Ombudsman Annual Report 2004 have had applications for ADSL ADSL for applications had have consumers where complaints some received has TIO The line. telephone consumer’s a to attached are ISP an to specific ‘codes’ process, provisioning the of part As Codes ADSL service. a of otherwise or availability the indicate would which line telephone consumer’s the on testing of results the about information specific them to available have not may ISPs some that seem would It availability. of lack the about complain to TIO the to customers referring are ISPs instances, some In correct. fact in is provider service the to wholesaler the by provided information the that confident not are provider service a by connection ADSL an refused been have who complainants Other service. a connect can it that told be to capacity) retail its (in directly wholesaler the contacted then have They supply. wholesale of lack a of because provider service a with connection ADSL an refused been have they that say TIO the to complainants Some Applications ADSL exchanges. telephone at infrastructure ADSL own their deploy to begin ISPs some as important more even becomes need This introduced. be should procedure universal a that is view TIO’s the step, positive a is process transfer the While available. becomes port another until wait to need will they provider, new the with application the submit they when full is exchange consumer’s that on capacity ADSL if addition, In reconnected. service the having in delay a experience will customer the that likely is It disconnected. been has provider old the with service the until application an process cannot provider new The provider. new their with reconnected then and disconnected, be to service their for arrange to need they process, industry the in participant a not is that ISP an from or to transfer to wants consumer a if However, Telecommunications2004 IndustryOmbudsmanAnnualReport move in order to obtain ADSL services. ADSL obtain to order in move to need would they belonged, codes the whom to provider the identify could they unless that advised was consumer a case one In belong. codes the whom to know not does consumer the where complaints some been also have There application. previous a made or service previous a had have example, for may, they because codes the owns provider which idea an have consumers some experience, TIO’s the In belong. codes the ISP which to consumer the advise to unable is ISP gaining the Generally, line. telephone their on are ‘codes’ provider’s another that basis the on declined services monitor complaints. monitor to continues it while policy, Biller’ the ‘Bill its with accordance in complaints ADSL bill to continue will it that determined has TIO the enquiries, its of consequence a As solution. industry an proposing in take might it role what considering is and industry entire the for issue an raises this that believes TIO The criteria. provisioning other the all meets it and pair copper spare a to transposed be can line their if even providers, some from service ADSL an get to able be not still may customer a that means This results. uncertain with lengthy is procedure the as requests transposition line make to not decision commercial a made have ISPs some that revealed investigation systemic recent A connected. be to ADSL for criteria provisioning other meet also must line telephone The available. is one where pair, copper spare a to transposed be line telephone a that request may customers ADSL retail and wholesale Telstra’s provided. be cannot service ADSL an then 1, Ant or RIM Gains, Pair as such technology splitting uses line the If line. telephone pair’ copper ‘clean a have must customers service, ADSL an Toreceive 1 Gains/RIMs/Ant Pair of Removal
61 Contracts Customer Service 786 issues raised 1,901 issues raised 786 complaints about internet contracts ISPs are no better than their fixed line or were received in 2003/04, with 43.0% mobile brethren, with customer service related to ADSL and 38.5% to dial-up complaints rising to 1,901 in 2003/04, a 9% services. increase on last year. Almost half of these complaints related to ADSL, with the single Most contract complaints were of a general highest area of complaint being inadequate nature, but about one third related to advice or incorrect advice being provided about provided at point of sale. This highlights ADSL services (339 complaints). 279 the need for providers to ensure that complaints concerned inadequate or they provide correct and understandable incorrect advice about other internet information to consumers at the time that technologies. contracts for internet services are formed, so that the expectations of both parties are Other areas of concern included customer- the same. service wait times (312), non-response to written correspondence (198), and failure to action requests (570). Credit Control 406 issues raised Customer Transfer Credit control complaints rose by 75.0% in 16 issues raised 2003/04 with 406 complaints received, the second consecutive year where increases of The TIO introduced the churn or transfer more than 70% have been experienced. category at the beginning of the March quarter of 2003/04, as it began to receive Two thirds of credit control complaints (279) complaints about the transferring of ADSL related to debt-recovery action, reflecting services between ISPs. the recent tightening up of credit terms in the industry. Debt-recovery complaints The TIO had conducted a systemic may also include a consumer being pursued investigation in December 2003 into the for a factored or sold debt. In some cases alleged unauthorised transfer of ADSL consumers believe the debt is incorrect or services. they have had a credit default listed against their name in error. While the transfer of ADSL services between ISPs is a voluntary process, it is the TIO’s view that ISPs should act in accordance with ACIF’s Customer Transfer Code when facilitating such a transfer. Member Services Officer Services Member Walls Dan Officer Research and Policy Waren Phil 62
Telecommunications Industry Ombudsman Annual Report 2004 337raised issues 587 respectively). respectively). 587 and (590 quarters subsequent two the in levelled have numbers Complaint networks. their of stability the affect to appeared that issues with contending were ISPs several when quarter December the during received were complaints fault internet 626 6%. remaining the represented technologies internet other while complaints, of 16.2% represented internet Cable each. 39% at ADSL and dial-up between evenly up broken were complaints Fault expected. been have might result this years few last the over environment internet the in complexity increased the of light In 2001/02. in recorded 2,384 the than lower still was this although 2,2742003/04 in to 1,7752002/03 in from rose complaints Fault Faults (47). dispute service a of result a as disconnection and (57); error disconnection (56); disconnection the in delay among spread were complaints ADSL (110),while service a of disconnection the in delay a to related complaints internet dial-up of bulk 47.5%.The services ADSL and complaints, disconnection 45.7% of about for accounted services internet Dial-up 26.7%. of increase an 2003/04, in disconnections about 337complaints received TIO The Disconnection 2,274raised issues
Telecommunications2004 IndustryOmbudsmanAnnualReport call dropouts. dropouts. call the of cost the for credit a issue as well as gesture goodwill a as fees access of months three credit to agreed had ISP the because further, matter the investigate to declined TIO The dropouts. the of because decreased not had service the of usage the that indicated ISP the by supplied evidence The Response: TIO problem. the fix to try to software, his on settings different using in customer its to assistance worthwhile offer not could it product, the in staff its train not did ISP the as Rather, dropouts. the caused software the that suggest not did ISP The support. technical offer not did ISP the which for software using was complainant the that found was It help. to refused had ISP, his which to times many complained he said He months. eight over service up dial- his on dropouts frequent experienced have to claimed complainant The Complaint: The Faults/TechnicalSupport – Study Case should support privately purchased software. software. purchased privately support should ISP the that determine to position a in not was and circumstances the of all in outcome reasonable a was this that believed TIO The Outcome: The
63 Privacy Case Study – 95 issues raised ADSL Provisioning Delay The TIO received 95 complaints about The Complaint: internet privacy in 2003/04, with 51 A complainant approached an ISP for an complaints relating in some way to spam ADSL service. He said the ISP told him that The TIO does not investigate complaints its wholesaler had said that his line was not arising from the Government’s recently ADSL compatible. The complainant claimed introduced spam legislation, but can that he then approached the wholesaler in investigate circumstances where a Member its retail capacity. The wholesaler told him has spammed its customer, or where an that his telephone line was ADSL compatible ISP provides its customer with inadequate and that it would be happy to provide him advice on how they can protect themselves with an ADSL service. against spam. The TIO’s Response: Provision After contacting the TIO, the complainant was referred to the TIO contact person at 1,340 issues raised his ISP. This officer then contacted the TIO to advise that he could not take any further Complaints about internet provisioning action in relation to the complaint. increased by 158.2% from 519 in 2002/03 to 1,340 in 2003/04. ADSL provisioning The TIO contacted the wholesaler (in its complaints accounted for 82.3% of these retail capacity) to clarify the status of (1,103), reflecting the surge in popularity the service. Initially, the wholesaler would of broadband as providers market this not confirm whether the complainant was technology and prices come down. eligible for ADSL. It later confirmed that he was eligible and claimed it had never In many of the complaints about ADSL received a wholesale order for the provision provisioning, consumers said they had of an ADSL service to his residence. received inconsistent information about the availability of ADSL services from ISPs. The Outcome: The TIO has had discussions with ISP The complainant’s preferred ISP placed retailers and wholesalers as it believes that another order for the service, which was the complexity of the wholesale and retail rejected by the wholesaler. After further relationship in ADSL services is at the core queries from the TIO, the wholesaler of these complaints. Certainly, many ADSL confirmed that the service was connected. provisioning complaints are presented as It came to light that the ISP’s wholesaler complaints against the wholesaler, and did not keep records of unsuccessful ADSL not the consumer’s ISP, and hence are provisioning requests. effectively outside of the TIO’s control. Investigation Officer Investigation Whelan Danny Manager Investigation Wise Bernie 64
Telecommunications Industry Ombudsman Annual Report 2004 Systemic Issues Investigations
Completed Investigations RSL Com Mobile (now SimPlus) Alleged Misrepresentation of the During 2003/2004, the following systemic Identity of the Provider investigations involving Code issues were Complaint completed. Customers claimed that they had agreed to a mobile contract with RSL Com Mobile Optus Mobile Upgrade believing that the contract was with Optus. Contracts First Bill Relevant Code Clauses Complaint Customer Transfer Code, Clause 6.5.1 Optus mobile customers who took up Complaint Handling Code, Clauses 8.2.2, upgrade contracts being billed the new 8.2.3, 8.2.4, 8.5.1 contract’s rates for the entire billing period, including the period prior to the formation Resolution of the new contract. The investigation established that RSL Com Mobile telemarketing representatives were Relevant Code Clause advising customers that they were calling on Billing Code, Clause 7.3.1 behalf of the Optus network. RSL Com Mobile Resolution has since changed the scripting provided to Optus made changes to both its point-of- its telemarketing representatives. The TIO sale information, and Standard Form of recorded established code breach of clause Agreement (SFOA). Although the precise 6.5.1 of the Customer Transfer Code and Investigations meaning of Clause 7.3.1 remains unclear, clause 8.4.2 of the Complaint Handling Code. the TIO concluded that Optus’s actions were Having regard to the number and nature of sufficient to comply with the code and did these complaints, the TIO referred RSL Com not record a code breach. Mobile to the Australian Communications Authority for systemic breaches of ACIF codes. Veridas Unauthorised Transfer of ADSL Services Telstra Rounding up of Capped Calls Complaint Complaint Lithoptix ADSL customers who had Customer claimed that itemisation of his transferred services to another ADSL long-distance landline calls indicated that service provider after services were he was being billed $2.51 for some of the suddenly disconnected (with no certainty calls which had been advertised as costing of reconnection) found that about a week no more than $2.50. later their ADSL service had been transferred Relevant Code Clauses from their new service provider to Veridas Billing Code, Clause 7.3.1 Communications. Resolution Relevant Code Clauses Telstra claimed that the rounding up was Customer Transfer Code, Clauses 6.2, 6.3, due to the effect of the GST and that some 6.7, 6.8, 6.10 calls were billed at a lesser price (that is Resolution $2.49) so that the total amount billed to The TIO recorded established code breaches the customer averaged to no more than of all the above code clauses. The TIO took $2.50 per call. The TIO took the view the view that Veridas Communications did that, irrespective of the impact of GST, if not take adequate steps to ensure that it prices exceed the published or contracted had the appropriate authority to transfer rate, then the Member is acting contrary ADSL services. to Clause 7.3.1 of the Billing Code and accordingly recorded a confirmed breach of this clause against Telstra. 65 TPG Pricing Information cost of a call to its POP. iiNet withdrew the information in question and has now rolled Complaint The pricing information available on TPG’s out a national POP. website for ADSL services had the potential to mislead customers. AAPT Direct Mail Upgrade Offer Complaint Relevant Code Clauses AAPT customer received a direct mail offer PTC Code, Clauses 23.1, 23.2 to upgrade their mobile handset on a new Resolution two-year contract, while remaining on their TPG changed some of its advertising and current plan. When the consumer called to the TIO exercised its discretion not to accept the offer they were advised that they investigate the matter further as the could not retain their current plan. conduct of the Member was also under Relevant Code Clause consideration by a regulator. Accordingly, Billing Code, Clause 5.4.1 PTC Code, Clauses no code breach was recorded. 5.1, 8.1, 32.3, Guideline 2 Primus Landline Billing for Short Resolution Duration Calls to Mobile Services AAPT withdrew the customer’s plan some time between the direct mail offer being Complaint sent and the offer being received. While Consumers alleged that they were being no code breaches were recorded against charged for calls from their landline service AAPT the TIO took the view that AAPT’s to mobile phone services that were neither offer had been planned poorly and that it answered nor diverted to voicemail. had acted inconsistently with Guideline 2 Relevant Code Clause of the PTC Code. Billing Code, Clause 7.3.1 RSL Com Mobile ‘Win a Phone’ Resolution The TIO is satisfied that Primus does Complaint not currently bill for calls to mobile Consumers alleged that they had been required services that have not been answered. to agree to a mobile phone contract with RSL The investigation was inconclusive as to Com Mobile in order to win a mobile phone. whether this had ever occurred in the past. Relevant Code Clause Accordingly, no code breach was recorded. PTC Code, Clause 32.3 RSL Com Mobile Legibility of Terms Resolution and Conditions RSL Com Mobile resolved the TIO’s systemic test case but declined to respond to the Complaint TIO’s concerns about the alleged practice. Terms and conditions provided to a The TIO accordingly recorded an established consumer were allegedly in an extremely code breach against RSL Com Mobile, and small font and partially obliterated. remains concerned with its telemarketing Relevant Code Clause practices which it referred to the regulator. Consumer Contracts Guideline, Clause 6.2.1 Primus Unlimited Internet Plan Resolution The TIO took the view that RSL Com Mobile’s Complaint actions were inconsistent with clause 6.2.1 Consumers purchased Primus’s ‘unlimited’ of the Guideline. internet plan believing that the plan was unlimited in every sense, but later incurred iiNet POP Information bills for excess download. Complaint Relevant Code Clause Customers migrating to iiNet POP were not PTC Code, Clause 6.6 given sufficient information to ensure that Resolution they did not incur national call rates. The TIO concluded that Primus’s actions were Relevant Code Clauses not in breach of clause 6.6. The TIO has, ISP Guideline however, taken the view that there is no grey area with respect to the word ‘unlimited’ Resolution and believes that a plan, irrespective of iiNet agreed that the information provided technology, should not be called ‘unlimited’ to its customers was not firm enough in unless it is so in every sense. relation to directing customers to verify the 66
Telecommunications Industry Ombudsman Annual Report 2004 handset faults handset Using Telstra Telecards Telstra Using Code issues Code Resolution applicable None Resolution applicable None Resolution 6.7,6.10 6.3,6.2, Clauses Code, Transfer Customer Complaint Customers Resale Optus Complaint Australia 3G Hutchison involve not did investigations systemic following The Complaint Transfer Preselection Hypermax Relevant Code Clauses Code Relevant handsets. 3G their on faults multiple reporting 3 of Customers Clauses Code Relevant Hypermax. to transferred been had preselection telephone their that finding Hypermax of customers Internet Relevant Code Clauses Code Relevant notice. without deactivated were customers resale Optus by used telecards Telstra has now reinstated affected cards. affected reinstated now has Optus telecards. Telstra all deactivated accidentally and cleanup a system undertaking was it when error human from arose issue the that indicated has Optus Authority. Communications Australian the to matter the refer to not decided TIO the basis this On situation. the monitor to agreed has TIO The reduce. should customer per faults of number the that and customers to supplied has it models latest the in flaws critical any are there that believe not does it that TIO the to indicated has Australia 3G Hutchison problematic. proven have that models out phasing also isIt faults. experienced have who customers to upgrades hardware and software offering is it Specifically, customers. its to supplies it that equipment the of reliability increase to steps taking is it that TIO the to demonstrated has 3 Code. Transfer Customer the of 6.10 6.7and 6.3,6.2, clauses of breaches established recorded and unauthorised were transfers the that view the took TIO the this, of light In forms. authority transfer the of recordings kept not had Hypermax
Telecommunications2004 IndustryOmbudsmanAnnualReport Resolution applicable None of calculating early termination fees. termination early calculating of method its altered Digiplus – Resolution applicable None Resolution applicable None Resolution applicable None Complaint Fee Unlock SIM Optus Complaint Fee Termination Early Austar Complaint Fee Termination Early Digiplus Complaint Fee Termination Early Digital B Relevant Code Clauses Code Relevant network. provider’s another on handset mobile pre-paid use to choosing when fee unlock SIM a incurred Consumer Clauses Code Relevant complaint. case test the in occur to appear not did This amount. lesser the charges it fee termination early standard the than less are fees access remaining where situations in that indicated Austar but fee, termination fixed a incurred Consumer Relevant Code Clauses Code Relevant fee. termination early fixed large a incurred Consumer Clauses Code Relevant $66. of minimum a to month $11per plus fees access remaining of fee termination early an incurred Consumer can be facilitated. be can change system permanent a until introduced also was check second A amount. correct the charged been have customers that ensure to fee termination early an includes which bill any checks it whereby process a has it that TIO the to explained Austar genuine pre-estimate of loss. of pre-estimate genuine a not was fee termination early the that indicate to evidence insufficient was there that balance on view the formed TIO The loss. of estimate pre- genuine a was fee security SIM the that view its substantiate to information sufficient provided not had Optus that view the formed TIO The complaint. case test the to respect with Optus against determination a issued TIO The
67 Codes Consumer Codes
Code Development Code Complaints and Review TIO procedures The TIO has continued to participate in The TIO’s procedure for dealing with code the review of the Customer Information on complaints has remained the same over Prices, Terms and Conditions (PTC) code the last year. While the TIO continues to throughout 2003/04. It is expected that this differentiate between code signatories and code will be completed in the coming year. non-signatories for reporting purposes, the complaint handling procedures are the same The TIO has also participated in the for both categories. This is because the development of the Connect Outstanding TIO considers ACIF codes as benchmarks of Code and the Consumer Contracts Code. industry practice, regardless of whether a Both are still works in progress. company is a signatory to a code. The Australian Communications Authority For Level 1 complaints, the TIO will make (ACA) requested that a Consumer Contracts a preliminary assessment as to whether a Code be developed, as the Consumer code may have been breached based on the Contracts Guideline that was published information provided by the complainant. As in December 2002 did not seem to have the TIO does not formally investigate Level resulted in any noticeable improvements 1 complaints, it will always log code breach in relation to consumer contracts. complaints as ‘Possible’ (for non signatories) or ‘Potential’ (for signatories) at this level. The TIO has also been involved to a lesser extent in the development and review of If there appears to have been a code breach other ACIF codes through submissions. Of in a complaint that is investigated at Level particular interest to the TIO is the code 2 or 3, the TIO will raise this issue in the that is being developed on the Rights of Use complaint letter to the supplier. Irrespective of Numbers. While the TIO had originally of whether or not the supplier is a signatory intended to consent to conferral of power to the code in question, the TIO expects for this code, we are now reconsidering. the supplier to comment on whether, The code appears merely to reflect the having regard to the code, it believes it has provisions of the Numbering Plan in acted reasonably, and what action, if any, relation to the quarantining of numbers. it intends to take to remedy the matter. Consequently, it is questionable whether Suppliers are also asked to provide evidence, there will be any consumer benefit were where possible, to support their claims. the TIO to consent to conferral of power. The TIO has taken this matter up with both Once an investigation has been completed, ACIF and the ACA. the TIO will assess all the available information to determine whether or not, in the TIO’s view, a code breach has occurred. The supplier is advised of the TIO’s decision in the complaint closure letter.
The TIO regularly sends statistics on code breach complaints to the ACA and ACIF. If it is found that certain suppliers consistently breach certain registered codes, or certain code rules, the ACA may warn or direct those suppliers to comply with the codes 68
Telecommunications Industry Ombudsman Annual Report 2004 portion of total code breach complaints complaints breach code total of portion larger a up make also now complaints Billing 2002/03. in identified trend a continuing 41%, by increased breaches Code Billing (27.6%)Billing Codes. for support industry of level low a indicating non-signatories, involve breaches all of half over just that is worrying More non-compliance. of indication accurate more a is recorded complaints of number the that and codes, with familiarity and awareness growing TIO’s the to attributed be extent some to may increases The wide. industry- be to appears it Rather, provider. or practice particular any to increase the ascribe to difficult is it instances, most In rising. be to appear complaints codes many for that worrying is It signatories. non- against breaches established 232 and possible 2,429 and signatories against breaches code confirmed 253 and potential 2,197 comprised These year. previous the 22.7%from or 944 of increase an 2003/04, in 5,111 breaches were code There Statistics Code complaints. code be dropinregistered a would there registered, iscode new a after time short a for meansthat This reported. or recorded be would breachcode no but inquestion, provider the with breach possible the raise still could staff Investigations date, registration the before occurred event the However, procedures. usualTIO’s if the with inaccordance andrecorded investigated maybe complaint the registered, was code new the after occurred Ifit occurred. about complained event the when check must staff registered, iscode a of version newoncea that policy a adopted therefore TIO The date. registration the after and before occurred that events to relate inevitably registration after period the in TIO the by received are that complaints the However, code. that of version old the to regard have to cease would TIO the registered, is code a of version new a when Consequently, codes. registered to regard have to only policy TIO’s the generally is It registered. been has code existing an of version new a once do to what determining been has year past the in faced has TIO the challenge The suppliers. those against taken being action in result could direction that with comply to Failure question. in Telecommunications2004 IndustryOmbudsmanAnnualReport small percentage of Billing Code complaints. complaints. Code Billing of percentage small a only represented these charges, billed of timeliness the to related complaints some Although receive. to contracted or used requested, had customer the what as well as discounts, and prices contracted and published supplier’s the with consistent being as customer the by verifiable are customer a to billed charges that ensure to supplier a requires clause This Code. 7.3.1 the of clause to related complaints most findings, year’s last with Consistent 2003. October in Code Billing new the of registration the reflect also may increase The calls. international recently, more and, dumping internet regarding complaints in rise the to linked be may complaints Code Billing of number high the year, last case the was As year. this respectively 35 and 37 with contrasted year last breaches established eight and confirmed 12 only with significantly, risen has breaches code established and confirmed of number the Notably, (46.6%). signatories (53.4%)than non-signatories against recorded complaints more marginally also were there 2002/03, to contrast In year. previous the 24% with 27.6% at compared TIO, the by recorded Management Code. Code. Management Credit the of breaches all capturing routinely not is TIO the that was conclusion first The Code. Management Credit the of breaches involved complaints control credit TIO’s the of 20% to 10% only generally why ascertain to complaints credit-control of selection a analysed TIO the 2003, mid In breaches. code credit under-reporting is TIO the that appears it TIO, the by conducted analysis an on based that noting worth also is It providers. by conducted being activity credit-management of level the on impacts bills high unexpected of problem growing the addition, In debt. of factoring the including industry, the within activity management credit increased to linked be to appears complaints breach code credit of number high the year, last noted As respectively. 50% and 300% over by significantly, rose breaches confirmed and Established 20%. by increased breaches Code Management Credit Management(21.5%) Credit
69 The second conclusion was that some Twenty nine percent of Complaint Handling important credit-related issues that the Code complaints received by the TIO TIO deals with were not adequately covered related to clause 8.4.2. This clause requires by the code. In particular, the code falls suppliers to escalate a complaint that short in relation to the issue of payment remains unresolved. Clause 8.3 of the arrangements. While the code requires that code also features prominently. It requires providers have processes in place to assist a supplier to respond to a customer’s customers who are having difficulties paying complaint within certain timeframes. The their accounts, there is no requirement as TIO has also received complaints where to what these processes should be, or even suppliers appear to have failed to halt debt- that they be reasonable. The revised version collection action of genuinely disputed of the Credit Management Code, which amounts, breaching clause 8.6.1 of the code. was registered in July 2003, still does not adequately address this issue. The Code also requires providers to tell customers with escalated but unresolved In 2003/04, 25% of credit-code complaints complaints concerning the provider related to credit management action being about the TIO as an avenue of complaint taken in relation to disputed amounts resolution. However, the TIO’s own statistics (clause 6.7 of the revised code). This was show that no more than 14% of consumers followed by matters concerning a provider’s who complain to the TIO have been referred obligation to have in place, and advise by their provider. This statistic completes a customers of, processes to assist customers picture of widespread and systemic industry to pay their accounts (clause 6.1 of the non compliance with the Code. revised code). Following closely behind this area were breaches relating to suppliers Customer Transfer (15.5%) failing to advise customers of credit- management processes and failing to give A total of 792 complaints related to the customers seven days notice of a pending Customer Transfer Code, almost identical suspension of a service (clauses 6.1.1 and to the number received in 2002/03 (796). 6.4 of the revised code). The consistency in figures between the two years seems to indicate that industry Complaint Handling (18.3%) has not adequately addressed the issue of non-compliance. It is also disappointing Complaints relating to the Complaint to note that although there has been a Handling Code rose by 9.8%. This is decrease of 14.3% in established breaches disappointing in many respects, as it since 2002/03, this reduction is more than reverses the downward trend noted in offset by an increase of 110% in confirmed 2002/03. It also suggests that the ACA’s breaches against signatories. investigation into compliance with the Complaint Handling Code has not brought An analysis of complaints recently conducted about permanent change or improvement. by the TIO gives reason for further concern. Moreover, as the Complaint Handling Code The TIO analysed all of the customer has recently been reviewed and submitted transfer complaints received in December for registration, the TIO expected suppliers 2003 to ascertain why generally only 30% to have an increased awareness of the to 40% of such complaints involved breaches Codes requirements. of either the Customer Transfer Code or the Commercial Churn Code. We found that The TIO’s concern regarding industry’s level most cases appeared to involve a breach, of compliance with the Complaint Handling or multiple breaches, of either of the codes, Code is highlighted by a marked increase in but we had failed to identify/record all of the number of complaints recorded against these breaches. This suggests that the TIO’s code signatories. Potential complaints rose statistics significantly under-report the level by 22.3%, while established complaints of non-compliance with both of these Codes. more than doubled. 70
Telecommunications Industry Ombudsman Annual Report 2004 The majority of recorded complaints under Consumer Contracts Guideline (2.3%) the Customer Transfer Code related to clause 6.3.1 (34.9%), closely followed by clause From a low base there was a sharp rise in 6.2.1 (33.1%). The former clause requires complaints under the Consumer Contracts a supplier to obtain a customer’s informed Guideline, which the TIO treats as a consent before transferring a service, while benchmark of good industry practice for the latter clause requires a supplier to make the purpose of investigating complaints. reasonable attempts to establish who the Complaints rose from nine in 2002/03 to 117 legal lessee is at the point of initial contact. in 2003/04, over a quarter of which were found to be established. Customer Information on Prices, Terms and Conditions (8.5%) More than 80 complaints related to oral presentation issues (section 6.3). The number of complaints relating to the Prices, Terms and Conditions Code more than doubled. The number of Other Codes established and confirmed breaches also rose commensurately, by 187.5% and 60% A one third reduction in complaints relating respectively. The upward trend is worrying, to the Protection of Personal Information particularly as it difficult to ascribe to of Customers Code was pleasing, with no any particular cause. established or confirmed breaches recorded. Most complaints under this code related to Closer analysis of the complaints reveals clause 7.1, which deals with disclosure of that the major trends are as follows: personal information. • 33% relate to clause 23 of the code, which requires suppliers to disclose Mobile number portability continues to be pricing information; a non-issue for the TIO, with only 34 code complaints recorded, a reduction of almost • 20.6% relate to failure to give adequate two thirds. Industry is to be commended for information to a customer about a the way it has managed this issue. product, to enable that customer to determine whether that product is fit for The TIO recorded only one complaint under its stated purpose (clause 22) and; the Local Number Portability Code, and two • 18.3% relate to failure to advise of complaints under the Preselection Code. early termination fees at point of sale (clause 25). The TIO received only six complaints about the Priority Assistance Code. Of these, Commercial Churn (3.6%) only one, relating to fault rectification timeframes (clause 5.3.1), was established. Commercial Churn Code complaints increased Of the nine complaints that were logged in by 16.4%. The number of established and relation to the Handling of Life Threatening confirmed code breaches also rose by about and Unwelcome Calls Code, only one was 50% for both categories. established.
Complaints relating to a supplier’s failure to Finally, the TIO recorded three Possible advise a customer of a delay in transferring breaches of the SMS Code. the customer’s service account for almost 50% of all the Commercial Churn Code complaints recorded. The next largest categories relate to a supplier’s failure to take immediate action to reverse an invalid transfer, and unreasonable delays in processing the transfer of a service. 71 Telecommunications Industry Ombudsman Annual Report 2004 Annual Statistics versus Code Audits Quarterly Statistics In the last year, the TIO began conducting Comparing the combined totals of quarterly regular audits of confirmed or established code breach complaints with the annual code breach complaints. The first audit, total appears to show a discrepancy. This completed in September 2003, looked is due to the manner in which code-breach at all complaints for 2002/03, while the complaints are recorded by the TIO’s second, conducted in early 2004, looked database and, for want of a better word, the at complaints from the September and ‘organic’ nature of code-breach complaints. December 2003 quarters. All of the TIO’s code reports, irrespective In each audit, a random sample of 50 cases of whether they are quarterly or annual, was analysed - about 20% of the total are based on the date that a complaint was number of established and confirmed code closed. Consequently, if a Potential code breaches recorded. The audits assessed breach were recorded for a closed Level 1 the complaints against several criteria, complaint in a particular quarter, it would including whether the TIO followed correct be reported on in that quarter’s statistics. procedure in investigating the code breach, If in a subsequent quarter that same Level and whether the logging of a confirmed or 1 complaint were upgraded to Level 2, and established code breach was justified. was found to be a Confirmed code breach when the case was closed, it would be The results were generally very encouraging. reported in that quarter’s statistics as a Both audits found that the correct procedure Confirmed breach. This means that in terms was followed when advising a Member of an of quarterly reports, one breach has been alleged code breach in 92% and 90% of cases reported twice - once as Potential, and respectively. The logging of an established or subsequently as Confirmed. confirmed code breach was justified in 96% and 94% of cases respectively. However, it is important to note that the TIO’s database retains a record only of the In the second audit, there was a considerable current code breach status of a complaint. improvement in the number of cases where In the above scenario, this means that when the Member responded to the TIO about the Annual Report is run, only the Confirmed the alleged breach, increasing from 50% code breach would feature in the report. to 72%. This could be due to increased awareness by Members about the TIO’s It is also worth noting that the majority procedures for investigating code breach of Level 1 code breach complaints are not complaints. An area of concern, however, escalated. Furthermore, not all code breach is the number of complaints where multiple complaints are initially raised at Level 1 breaches appear to have occurred but have – many are first identified only at Level 2 not been identified/recorded by the TIO. or 3. In the first audit this constituted 50% of In summary, this means that although there cases. In the second audit it had risen to will inevitably be a variation between the 60%. This highlights a need for further quarterly and annual statistics reports, both training by the TIO to ensure that multiple are correct at the point in time at which code breach complaints are captured. they are run. The TIO intends to conduct the code breach audit on a six monthly basis in the future. 72
Telecommunications Industry Ombudsman Annual Report 2004 only signatories Code against and above, and 2 Level at complaints into investigation after undertaken was Confirmed investigation formal no as Potential ** as logged Breaches Code Code the to signatory a not is Member the However, * occurred. had Rule Code specific a 1) of (Level breach a that complaints into established TIO and undertaken 2/3/4, was Level at investigation Investigated formal no as Possible ^^ as logged breaches Code ^ Credit Management Credit Total Portability Number Local Preselection or Unwelcome Calls Unwelcome or Life-Threatening of Handling Billing SummaryBreachofCodeComplaints Caller Number Display Number Caller Service Message Short Assistance Priority Mobile Number Portability Number Mobile Information Personal Customer Consumer Contracts Consumer Complaint Handling Complaint Commercial Churn Commercial Customer Transfer Customer Prices Terms and Conditions and Terms Prices
Possible^ 2,429 248 313 498 327 719 118 86 83 26 0 1 0 3 5 2 Established^^ 232 38 23 59 24 31 35 16 Telecommunications2004 IndustryOmbudsmanAnnualReport 0 0 0 0 1 1 4 0 Potential* 2,197 399 621 512 517 48 90 0 1 0 0 0 6 3 0 0 Confirmed** 253 115 42 37 47 0 0 0 0 0 0 1 0 0 3 8 1,100 1,412 5,111 Total 434 934 185 792 117 34 83 0 2 0 3 6 9 100.00% 18.30% 21.50% 15.50% 27.60% 8.50% 0.00% 0.00% 0.00% 0.20% 2.30% 1.60% 3.60% 0.70% 0.10% 0.10% total % of%
73 Complainant Statistics
Profile of Complainants This year, 91.7% of all complaints were from residential consumers, slightly down As part of the transparency required of on the 92.3% last year. Small business the alternative dispute resolution process, complaints increased to 7.5%, up from 6.8% the TIO must seek and pass on to Members the previous year. Anecdotally, the range some level of personal information about and complexity of services, and number of each complainant. The TIO tries to limit Members catering for small business services the degree to which it collects personal is increasing and with it, the potential for information and ensures that it adheres to confusion and problems. the National Privacy Principles. Address details, full name, contact information and This year, as with last year, 56% of account/service numbers are all required as complainants to the TIO were male, and 44% part of the complaints resolution process. were female. Unless pertinent to a particular case, the age of a complainant is not asked for. Most contacts with the TIO (87.6%) were by phone; down from 90.9% reported last Gender of Complainant (Percentage) year. Email is rapidly becoming a preferred method of contact, with this year’s figure Male 56% of 8.0% being almost double last year’s Female 44% 4.5%. Dealing with emailed complaints, unless specifically set up to do so, can be Complainant Type (Percentage) difficult, with processing taking longer than Small Business 7.5% telephone communications and complainants often expecting instant responses. Most Charity 0.1% complainants are still referred to the TIO Community 0.1% via word of mouth or telephone directories, Government 0.7% with an increasing number of consumers finding out about the TIO through our Residential 91.7% publications or website.
Method of Complaint (Percentage) Significantly, 10.7% of complainants Phone (1800) 87.6% in 2003/04 had previously had other Email 8.0% complaints handled by the TIO. Letter 3.1% Fax 1.1% In Person 0.1% Interpreter Service 0.1% 74
Telecommunications Industry Ombudsman Annual Report 2004 10 15 20 0. 0. 1. 1. 2. 2. 3. 3. 4. 4. 0 5 0 5 0 5 0 5 0 5 0 5 Referr State Distributi
SA 3.71 Other Agency 11.3% ed by(%)
ACT 3.55 Directories (including White Pages) 14.0%
Financial Counsellor, Legal Adviser, NGO 1.9% VIC 3.34 on of
Inappropriate Referral 0.1% TAS 3.07 Complain
Media Coverage 6.1% National Average 2.93
ts (P Repeat Complainant 10.7% QLD 2.86 er 1000Distributi TIO Member 13.8% NSW 2.78 TIO Publications (including website) 5.6% Telecommunications2004 IndustryOmbudsmanAnnualReport WA 2.25 Unknown/Other 19.4% NT 1.85
on) Word of mouth 17.0%
75 State Distribution City or Country of Complaints The TIO gathers statistics about remoteness The distribution of complaints across the of complainants using Australian Bureau of states and territories is used as a general Statistics software, which divides Australia indicator of awareness of the TIO Scheme. into five regions, according to accessibility (Please see graph on page 75.) Ideally, to a full range of goods and services we would like these statistics to show an The statistics for 2003/04 show a general even distribution. However, historically increase in the numbers of complaints per this has not been the case and this year 1,000 people for all five regional categories is no exception. While the statistics show and this is a positive sign, indicative of a small increase of overall awareness, growing awareness of the TIO Scheme. from 2.63 complaints per 1,000 people in Australia last year to 2.93 this year, there However, people in very remote Australia is still unevenness between the states and are still far less likely to make a complaint territories. This year again, the highest to the TIO than those in Major Cities. Indeed number of complaints per thousand came the likelihood of bringing a complaint to the from residents of South Australia, the TIO decreases as the degree of remoteness ACT and Victoria, with Tasmania coming increases. a close fourth. It is hoped that a recent advertising New South Wales, Queensland, Western campaign by DCITA aimed at raising regional Australia and the Northern Territory had consumer awareness of telecommunications complaints numbers below the national users’ rights, including the TIO as an avenue average, with the Northern Territory being of complaint resolution, may assist in significantly below. This is despite the TIO’s this area. targeting of these areas through forums and participation in various home shows, field days and the like (See Public Affairs – page 18). Complaints by Remoteness Area – National (Per 1000 Population)
3.5 3.16 3.0 2.76
2.5 2.52
2.0 1.85
1.5
1.0 0.82
0.5
0.0 Remote Australia Very Remote Australia Inner Regional Australia Major Cities of Australia Outer Regional Australia 76
Telecommunications Industry Ombudsman Annual Report 2004 being involved. being claims compensation of likelihood the as well as businesses, small by used problems, potential therefore and technology, of complexity the reflect to tends figure this Again, 89.7%. of figure resolution 1 Level general the to opposed as 1, Level at resolved being were complaints business small of 85.8% Only resolved. be to order in complaints 2-4 Level to escalated be to likely more were complaints business Small technologies. complex more on business small of reliance growing the support to tend changes These year. 12.7%last from up services, internet to related 19.2% and year, 17.9% to last compared services, mobile to related 23.6% year, 69.5%last with compared landlines, to related complaints business 57.2%small of businesses. small 4,634 from complaints received TIO the 2003/04 In Complaints BusinessSmall Telecommunications2004 IndustryOmbudsmanAnnualReport 1,000 1,500 2,000 2,500 3,000 Sm Level 4 Level 3 Level 2 Level 1 Level Type 50 all Busin 0 0 Sm all Busin 2 Internet 889 / 19.2% ess Complain
Land Line 2,650 / 57.2% 197 453 3,977 Complaints 7 ess Complain 3
4 Mobile 1,095 / 23.6% t Mix ts 4.3% 9.8% 85.8% % 0.2% 1
77 Complaint Statistics Complaint Member Complaint Statistics
Member specific complaint statistics are Complaint Levels published by the TIO for all Members who have received 25 complaints or more over the It is important to note that not all course of the financial year. In 2003/04 72 complaints are raised at Level 1. Land access TIO Members received 25 complaints or more. objections, for example, are raised at Level 4 from the outset, due the complexity and It is important that readers bear in mind time-consuming nature of these complaints. the varying sizes of the TIO’s Member organisations in order to avoid making inaccurate comparisons. The TIO does not standardise its Member specific complaint statistics and is unlikely to do so in the future.
Complaints and Complaint Issues Two tables are presented here. The first table details the issues raised in complaints. As one complaint may raise more than one issue there are usually more issues than complaints raised against a Member. Members are charged according to complaint numbers, not according to the number of issues raised.
The second table reports on the number of complaints against a Member company, and the levels at which these complaints were resolved. This provides an indication of how quickly the company was able to resolve complaints raised by the TIO. 78 79
Telecommunications Industry Ombudsman Annual Report 2004 Complaints against TIO Members by Issue
1 July 2003 to 30 June 2004 (Includes members that received 25 or more complaints in 2003/04)
LANDLINE MOBILE INTERNET
(t) = telephone service provider
(i) = internet service provider Other Other Other Faults Faults Faults Billing Billing Billing Privacy Porting Provision Provision Contracts Contracts Total Issues Total Total Mobile Total Credit Control Credit Credit Control Credit Credit Control Credit Disconnection Disconnection Disconnection Total Internet Total (o) = other Landline Total Customer Service Customer Customer Service Customer Customer Service Customer Customer Transfer Customer 1410 Communications Pty Ltd (t) 199 17.1 1.0 52.3 19.7 0.0 0.0 4.7 0.0 5.2 193 25.0 0.0 0.0 25.0 0.0 0.0 50.0 0.0 4 50.0 0.0 0.0 50.0 0.0 0.0 0.0 0.0 2 1800 Reverse Pty Ltd (t) 62 72.6 3.2 0.0 14.5 0.0 0.0 9.7 0.0 0.0 62 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 AAPT Ltd (t&i) (c) 3,332 35.4 14.9 21.7 9.1 2.3 9.0 1.0 4.4 2.2 2,997 21.8 31.5 29.0 10.1 0.4 5.0 1.7 0.4 238 43.3 6.2 1.0 9.3 5.2 17.5 16.5 1.0 97 AAPT Mobile Limited (t) 679 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 24.4 31.7 24.4 9.1 1.5 6.2 1.0 1.6 679 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 AOL/7 Pty Limited (i) 84 100.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 57.8 13.3 0.0 12.0 3.6 8.4 2.4 2.4 83 Approach Telecom Australia Pty Ltd (t) 321 95.6 0.0 0.0 4.1 0.0 0.0 0.3 0.0 0.0 315 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 100.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 6 Astracom Pty Ltd (t) 108 11.1 0.0 0.0 12.0 0.0 0.0 0.0 0.0 76.9 108 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 AUSTAR United Mobility Pty Ltd (t) 82 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 15.9 28.0 19.5 13.4 2.4 18.3 1.2 1.2 82 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 Australia Star Communications Pty Ltd (t) 41 43.6 2.6 12.8 7.7 7.7 15.4 0.0 7.7 2.6 39 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0.0 0.0 0.0 0.0 0.0 100.0 0.0 0.0 2 B Digital Ltd (t) 849 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 30.5 30.9 15.4 9.8 1.3 9.9 1.2 1.0 849 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 Broadtel Communications Limited (t) 62 38.3 1.7 30.0 6.7 0.0 3.3 0.0 0.0 20.0 60 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 50.0 0.0 0.0 50.0 0.0 0.0 0.0 0.0 2 Budgetel Pty Ltd (t) 54 40.4 19.2 15.4 9.6 1.9 0.0 0.0 0.0 13.5 52 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0.0 0.0 0.0 0.0 0.0 100.0 0.0 0.0 2 Call Australia Pty Ltd (t) 265 8.3 0.4 57.7 26.0 0.8 0.8 3.0 0.0 3.0 265 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 CardCall Pty Ltd (t&i) 47 11.1 0.0 0.0 11.1 0.0 11.1 0.0 0.0 66.7 45 100.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 Chi Telecom Pty Ltd (t) 43 14.0 0.0 0.0 7.0 0.0 2.3 0.0 0.0 76.7 43 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 ComCen Internet Services (i) 36 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 63.9 19.4 0.0 11.1 0.0 5.6 0.0 0.0 36 Commander Australia Ltd (t&i) 34 44.1 2.9 0.0 23.5 0.0 2.9 0.0 0.0 26.5 34 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 Corporate Telecom Pty Ltd (t&i) 33 45.5 30.3 21.2 3.0 0.0 0.0 0.0 0.0 0.0 33 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 CyberOne Pty Ltd (i) 28 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 32.1 14.3 0.0 7.1 0.0 39.3 7.1 0.0 28 Digiplus Pty Ltd (t&i) 168 58.4 15.6 2.6 11.7 0.0 0.0 1.3 2.6 7.8 77 62.8 21.8 2.6 10.3 0.0 2.6 0.0 0.0 78 38.5 30.8 7.7 0.0 0.0 15.4 0.0 7.7 13 Dingo Blue Pty Ltd (t) * 44 27.3 63.6 4.5 4.5 0.0 0.0 0.0 0.0 0.0 22 21.4 0.0 64.3 7.1 0.0 0.0 0.0 7.1 14 25.0 0.0 75.0 0.0 0.0 0.0 0.0 0.0 8 Direct Internet Pty Ltd (i) 79 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 17.7 17.7 2.5 19.0 12.7 25.3 2.5 2.5 79 Direct Telecoms Pty Ltd (t) 166 28.9 4.2 15.7 10.2 1.8 6.0 0.0 2.4 30.7 166 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 Dodo Internet (i) 210 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 22.4 10.0 0.5 15.7 3.8 20.5 23.8 3.3 210 EFTel Pty Ltd (i) 27 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 55.6 7.4 3.7 14.8 0.0 14.8 3.7 0.0 27 Flow Communications Pty Ltd (i) 40 100.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 46.2 7.7 0.0 10.3 5.1 30.8 0.0 0.0 39 Global Networks (Aust) Pty Ltd (t) 71 14.1 0.0 0.0 7.0 0.0 5.6 0.0 0.0 73.2 71 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 GlobalCenter Pty Ltd (i) 53 0.0 0.0 0.0 50.0 0.0 0.0 0.0 0.0 50.0 2 0.0 0.0 100.0 0.0 0.0 0.0 0.0 0.0 2 26.5 12.2 0.0 20.4 4.1 30.6 6.1 0.0 49 GOtalk Australia Pty Ltd (t) 106 15.5 1.0 38.8 18.4 0.0 1.9 1.9 0.0 22.3 103 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0.0 0.0 0.0 33.3 0.0 33.3 33.3 0.0 3 Hotkey Internet Services Pty Ltd (i) 77 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 36.4 11.7 0.0 16.9 6.5 18.2 6.5 3.9 77 Hutchison 3G Australia Pty Ltd (o) 1,944 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 100.0 6 12.8 25.5 1.4 11.3 0.3 45.8 2.1 0.8 1,938 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 Hutchison Telecoms (Aust) Pty Ltd (t&i) (c) (inc Orange) 1,920 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 100.0 1 12.8 26.0 11.8 10.9 1.4 33.8 1.5 1.9 1,919 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 ihug (i) * 116 14.3 14.3 42.9 14.3 0.0 14.3 0.0 0.0 0.0 7 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 44.0 9.2 9.2 14.7 3.7 15.6 3.7 0.0 109 ihug Pty Ltd (t&i) 287 33.3 11.1 19.4 33.3 0.0 2.8 0.0 0.0 0.0 36 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 38.6 11.2 8.8 12.7 5.6 13.5 9.2 0.4 251 iiNet Ltd (i) 312 0.0 50.0 50.0 0.0 0.0 0.0 0.0 0.0 0.0 2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 33.2 4.2 1.0 16.1 4.2 33.2 6.5 1.6 310 Kooee Telecom (t) 343 43.6 14.2 12.2 10.1 0.3 7.8 0.7 6.4 4.7 296 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 44.7 8.5 0.0 17.0 6.4 17.0 6.4 0.0 47 Leading Edge Internet Pty Ltd (i) 49 50.0 5.0 40.0 5.0 0.0 0.0 0.0 0.0 0.0 20 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 51.7 6.9 0.0 13.8 6.9 20.7 0.0 0.0 29 Look Mobile Ltd (t) 55 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 25.5 41.8 5.5 3.6 3.6 14.5 1.8 3.6 55 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 m8 Telecom Pty Ltd (o) 514 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 26.5 45.5 11.3 9.9 1.8 3.5 1.0 0.6 514 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 Macquarie Corporate Telecommunications Holdings Ltd (t) 33 38.5 3.8 30.8 3.8 0.0 0.0 0.0 7.7 15.4 26 0.0 50.0 0.0 0.0 0.0 0.0 50.0 0.0 2 60.0 0.0 20.0 20.0 0.0 0.0 0.0 0.0 5 Mobile Innovations Ltd (t) 56 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 37.5 7.1 23.2 16.1 12.5 1.8 0.0 1.8 56 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 Multelink Australia Ltd (t&i) 46 47.8 0.0 8.7 10.9 0.0 17.4 2.2 10.9 2.2 46 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 My Telecom Pty Ltd (t&i) 36 37.5 3.1 0.0 34.4 0.0 21.9 0.0 0.0 3.1 32 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0.0 0.0 50.0 0.0 0.0 0.0 50.0 0.0 4 NC Cable Pty Ltd (t&i) 42 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 42.9 19.0 2.4 2.4 0.0 33.3 0.0 0.0 42 Netspace Online Systems Pty Ltd (i) 71 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 18.3 22.5 1.4 19.7 5.6 18.3 14.1 0.0 71 New Tel Mobiles Lqdtr (o) * 85 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 29.4 23.5 10.6 18.8 16.5 1.2 0.0 0.0 85 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 New Tel Services Pty Ltd (t) 67 49.2 19.0 3.2 9.5 1.6 14.3 0.0 3.2 0.0 63 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 50.0 0.0 0.0 25.0 0.0 25.0 0.0 0.0 4 Optus Broadband Pty Ltd (i) 585 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 25.3 12.8 2.9 21.0 4.4 10.8 21.4 1.4 585 Optus Mobile Pty Ltd (t) (c) 4,356 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 23.4 23.6 19.3 13.8 1.2 15.4 1.2 2.2 4,356 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 Optus Networks Pty Ltd (t) (c) 8,671 43.3 10.3 15.8 10.7 1.6 6.1 2.3 5.9 4.1 7,980 10.0 10.0 50.0 20.0 0.0 10.0 0.0 0.0 10 57.7 7.6 6.2 14.1 3.2 8.8 1.5 0.9 681 OzEmail Pty Ltd (i) 297 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 34.3 8.1 4.0 22.6 4.0 14.1 10.8 2.0 297 Pacific Internet Australia Pty Ltd (i) 40 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 32.5 37.5 2.5 12.5 2.5 7.5 5.0 0.0 40 People Telecom Limited (t&i) 169 36.1 10.3 19.6 17.5 1.0 6.2 1.0 2.1 6.2 97 16.7 40.9 30.3 10.6 0.0 1.5 0.0 0.0 66 50.0 0.0 0.0 16.7 0.0 0.0 16.7 16.7 6 Primus Telecommunications Pty Ltd (t&i) (c) 2,892 45.4 9.9 11.1 14.5 1.9 9.1 1.2 5.1 1.8 1,932 36.7 26.7 10.0 10.0 0.0 13.3 0.0 3.3 30 36.9 15.2 6.3 16.8 4.7 14.5 4.7 0.8 930 RSL Com Australia Pty Ltd (t) * 72 35.4 4.6 23.1 7.7 3.1 12.3 4.6 4.6 4.6 65 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 85.7 0.0 0.0 0.0 0.0 14.3 0.0 0.0 7 RSL COM Business Communications Pty Ltd (t&i) 115 20.8 14.9 17.8 4.0 8.9 13.9 5.0 8.9 5.8 101 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 28.6 14.3 0.0 35.7 0.0 21.4 0.0 0.0 14 SE Network Access Pty Ltd (i) 65 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 27.7 1.5 4.6 27.7 1.5 30.8 4.6 1.5 65 SIMplus Mobile Pty Limited (t) 3,018 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 22.0 40.0 10.8 15.6 3.3 6.1 1.5 0.6 3,018 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 Smarter Way Pty Ltd (i) * 76 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 36.8 0.0 1.3 22.4 6.6 31.6 1.3 0.0 76 Southern Cross Telco Pty Ltd (i) 213 10.1 2.4 28.8 32.2 1.9 7.2 13.5 0.0 3.8 208 0.0 0.0 0.0 40.0 0.0 20.0 40.0 0.0 5 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 Swiftel Communications Pty Ltd (i) 48 0.0 0.0 0.0 0.0 0.0 0.0 0.0 100.0 0.0 3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 24.4 2.2 0.0 8.9 0.0 26.7 37.8 0.0 45 TCI Australia Pty Ltd (t) 43 2.3 0.0 0.0 4.7 0.0 0.0 0.0 0.0 93.0 43 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 Tel.Pacific Pty Ltd (i) 63 29.4 0.0 0.0 5.9 0.0 5.9 0.0 0.0 58.8 17 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 54.3 4.3 2.2 13.0 0.0 23.9 2.2 0.0 46 Telstra Big Pond (i) 4,448 33.3 33.3 0.0 0.0 0.0 33.3 0.0 0.0 0.0 3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 24.8 4.0 4.0 20.4 1.3 26.6 17.9 0.9 4,445 Telstra Corporation (t) (c) 25,672 32.5 19.6 1.5 13.1 1.3 13.0 3.0 9.7 6.4 19,917 24.3 21.4 22.2 12.5 0.8 15.4 0.7 2.8 5,741 21.4 0.0 21.4 21.4 0.0 14.3 21.4 0.0 14 TPG Internet Pty Ltd (i) 531 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 23.5 6.6 1.3 21.1 2.8 27.7 16.0 1.0 531 TransACT Capital Communications Pty Ltd (t&i) 66 32.2 5.1 5.1 15.3 0.0 5.1 3.4 8.5 25.4 59 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 14.3 0.0 0.0 28.6 0.0 14.3 42.9 0.0 7 United Customer Management Solutions Pty Ltd (t) 73 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 19.2 35.6 17.8 9.6 1.4 16.4 0.0 0.0 73 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 Universal Telecom Australia Pty Ltd (t) 39 34.3 5.7 37.1 0.0 0.0 5.7 2.9 2.9 11.4 35 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 25.0 0.0 0.0 25.0 0.0 50.0 0.0 0.0 4 Veridas Communications Pty Ltd (i) 54 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 1.9 14.8 0.0 7.4 55.6 7.4 13.0 0.0 54 Virgin Mobile (Australia) Pty Ltd (t) 250 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 23.2 16.4 7.6 17.6 2.4 15.2 13.2 4.4 250 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 Vodafone Pacific (t) 1,338 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 25.4 20.1 24.6 11.4 1.8 12.8 0.9 3.1 1,338 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0
* members terminated during year Other LandLine includes contracts, directories, disability services, land access, payphones, phone cards & porting. Other Mobile includes directories, disability services, land access, privacy & provision. Other Internet includes customer transfer & privacy. 1 July 2003 to 30 June 2004 (Includes members that received 25 or more complaints in 2003/04) in complaints more or 25 received that members (Includes 2004 June 30 to 2003 July 1 Issue by Members against TIO Complaints NetspaceOnlineSystems (i)Ltd Pty DirectTelecoms (t)LtdPty Digiplus(t&i)LtdPty 1410 Communications1410 (t)LtdPty SE NetworkSE Access(i)LtdPty HutchisonAustralia3G (o) LtdPty GOtalkAustralia (t)LtdPty iiNet(i)Ltd VodafonePacific (t) VeridasCommunications (i)LtdPty UniversalTelecom Australia (t)LtdPty UnitedCustomer Management Solutions (t)LtdPty Tel.Pacific(i)LtdPty SwiftelCommunications (i)LtdPty Smarter*Way (i)Ltd Pty BusinessCOMRSL Communications (t&i)LtdPty PrimusTelecommunications (t&i)(c)LtdPty OptusNetworks(c)(t)Ltd Pty OptusBroadband (i) LtdPty NewTel Services(t)Ltd Pty (t&i)LtdCablePty NC MyTelecom (t&i)LtdPty MultelinkAustralia (t&i)Ltd MobileInnovations (t)Ltd MacquarieCorporate Telecommunications Holdings (t)Ltd Telecomm8 (o)LtdPty ihug* (i) HutchisonTelecoms (inc(Aust)(t&i)(c)Orange)Ltd Pty HotkeyInternet Services(i)Ltd Pty GlobalCenter(i)LtdPty DodoInternet (i) DirectInternet (i)LtdPty CyberOne(i)LtdPty CorporateTelecom (t&i)LtdPty ComCenInternet Services (i) TelecomChi (t)LtdPty CardCall(t&i)LtdPty AustraliaCall (t)LtdPty Budgetel(t)LtdPty BroadtelCommunications Limited(t) Digital(t)B Ltd AustraliaCommunicationsStar (t)LtdPty AUSTARUnitedMobility (t)Ltd Pty Astracom(t)LtdPty AOL/7LimitedPty(i) (t&i)(c)LtdAAPT (t)ReverseLtd1800Pty PeopleTelecom Limited(t&i) CommanderAustralia (t&i)Ltd ApproachTelecom Australia (t)LtdPty TelstraBigPond (i) SouthernCrossTelco (i)LtdPty SIMplusMobileLimitedPty(t) NewTel Mobiles Lqdtr* (o) MobileLook(t)Ltd LeadingEdge Internet (i)LtdPty GlobalNetworks (Aust)(t)LtdPty CommunicationsFlow (i)LtdPty EFTel(i)LtdPty Optus Mobile Pty Ltd (t) (c)OptusMobile(t)Ltd Pty KooeeTelecom (t) (t&i)ihugLtdPty VirginMobile(Australia) (t)Ltd Pty TCIAustralia (t) LtdPty Dingo* (t)Ltd PtyBlue TransACTCapitalCommunications (t&i)LtdPty TelstraCorporation (c)(t) PacificInternet Australia (i)LtdPty AAPT MobileAAPTLimited (t) OzEmail(i)LtdPty RSL Com AustraliaComRSL * (t)Ltd Pty TPG InternetTPG (i)LtdPty 25,672 1,338 2,892 8,671 1,920 3,332 1,944 4,448 3,018 4,356 166 168 199 106 312 115 585 514 116 210 265 849 108 169 321 213 343 287 250 679 297 531 71 54 39 73 63 48 76 67 42 36 46 56 33 77 53 79 28 33 36 43 47 54 62 41 82 84 62 65 34 85 55 49 71 40 27 43 44 66 40 72 Total Issues 100.0 100.0 17.1 28.9 58.4 15.5 20.8 14.3 11.1 36.1 95.6 34.3 29.4 49.2 37.5 47.8 38.5 45.5 14.0 11.1 40.4 38.3 43.6 72.6 45.4 43.3 35.4 10.1 43.6 33.3 44.1 50.0 14.1 33.3 32.5 27.3 32.2 35.4 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 8.3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2.3 0.0 0.0 0.0 0.0 Billing 15.6 50.0 14.9 14.3 10.3 19.0 30.3 19.2 10.3 14.9 14.2 11.1 33.3 19.6 63.6 4.2 1.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.4 0.0 0.0 0.0 0.0 2.4 0.0 0.0 2.9 5.7 0.0 3.1 0.0 3.8 0.0 0.0 1.7 2.6 3.2 9.9 0.0 0.0 0.0 5.0 0.0 0.0 0.0 0.0 0.0 0.0 5.1 0.0 0.0 4.6 0.0 Credit Control 15.7 52.3 38.8 50.0 17.8 42.9 57.7 28.8 19.6 21.2 15.4 15.8 21.7 12.2 19.4 37.1 30.8 30.0 12.8 11.1 40.0 23.1 2.6 0.0 0.0 0.0 3.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 8.7 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.5 0.0 0.0 0.0 0.0 4.5 5.1 0.0 0.0 0.0 Customer Transfer 10.2 11.7 19.7 18.4 14.3 50.0 26.0 32.2 17.5 12.0 10.7 23.5 10.1 33.3 14.5 34.4 10.9 11.1 14.5 13.1 15.3 4.0 0.0 0.0 4.1 9.5 3.0 9.6 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 9.1 0.0 0.0 0.0 0.0 0.0 3.8 6.7 7.7 5.9 7.0 0.0 0.0 0.0 0.0 7.0 0.0 0.0 0.0 5.0 4.7 0.0 4.5 0.0 0.0 7.7 0.0 Customer Service LANDLINE 0.0 1.8 0.0 8.9 0.0 0.0 0.0 0.0 1.6 0.0 1.9 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2.3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 7.7 0.0 0.0 0.8 1.9 1.0 0.0 0.0 0.0 1.6 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.3 0.0 0.0 1.9 0.0 0.0 0.0 0.0 0.0 1.3 0.0 0.0 0.0 0.0 0.0 0.0 3.1 0.0 Disconnection 13.9 14.3 15.4 14.3 33.3 13.0 21.9 17.4 11.1 12.3 0.0 6.0 0.0 0.0 1.9 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 9.0 0.0 0.0 0.0 0.0 5.7 0.0 0.0 0.8 3.3 7.2 6.2 0.0 5.9 6.1 2.3 2.9 0.0 0.0 0.0 5.6 0.0 7.8 2.8 0.0 0.0 9.1 0.0 0.0 0.0 0.0 0.0 0.0 5.1 0.0 0.0 Faults 13.5 4.7 0.0 1.3 0.0 1.9 0.0 0.3 5.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 2.9 0.0 0.0 3.0 0.0 1.0 0.0 0.0 0.0 0.0 2.3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.7 0.0 0.0 0.0 1.2 9.7 0.0 3.0 0.0 0.0 2.2 0.0 0.0 0.0 0.0 3.4 0.0 4.6 0.0 Privacy 100.0 10.9 0.0 2.4 2.6 0.0 0.0 0.0 0.0 8.9 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 4.4 0.0 0.0 0.0 0.0 3.2 2.9 7.7 0.0 0.0 0.0 2.1 7.7 0.0 0.0 0.0 5.9 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 6.4 0.0 0.0 0.0 5.1 0.0 0.0 9.7 0.0 0.0 0.0 0.0 0.0 0.0 8.5 0.0 4.6 0.0 Provision 100.0 100.0 30.7 22.3 13.5 11.4 15.4 50.0 20.0 76.9 58.8 76.7 26.5 73.2 93.0 66.7 25.4 5.2 7.8 0.0 0.0 0.0 0.0 5.8 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2.2 0.0 0.0 0.0 0.0 3.0 6.2 2.6 0.0 4.1 3.8 0.0 0.0 0.0 0.0 0.0 4.7 0.0 0.0 0.0 1.8 0.0 0.0 6.4 2.2 3.1 0.0 0.0 0.0 0.0 4.6 0.0 Other 19,917 2,997 7,980 1,932 193 166 103 315 101 265 108 208 296 77 33 63 52 97 39 35 26 60 36 62 17 43 20 34 71 46 32 22 43 45 59 65 0 0 0 0 0 3 3 0 0 0 0 0 0 0 0 0 0 0 0 0 2 7 1 6 0 2 1 0 0 0 0 0 0 0 1 0 Total Landline 100.0 25.0 62.8 25.4 23.2 19.2 22.0 23.4 29.4 37.5 26.5 25.5 12.8 12.8 30.5 15.9 24.4 21.8 16.7 10.0 36.7 24.3 21.4 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Billing 21.8 20.1 16.4 35.6 40.0 23.6 23.5 45.5 41.8 26.0 25.5 30.9 28.0 31.7 31.5 40.9 50.0 10.0 26.7 21.4 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 7.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Contracts 100.0 24.6 17.8 10.8 19.3 10.6 11.3 11.8 15.4 19.5 24.4 29.0 23.2 30.3 50.0 10.0 22.2 64.3 0.0 2.6 7.6 5.5 1.4 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Credit Control 25.0 10.3 17.6 11.3 11.4 15.6 13.8 18.8 10.9 13.4 10.1 16.1 10.6 20.0 10.0 40.0 12.5 9.6 9.9 3.6 9.8 9.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 7.1 0.0 0.0 0.0 0.0 Customer Service MOBILE 16.5 12.5 0.0 1.4 1.8 3.6 1.3 1.5 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.4 2.4 0.3 0.0 0.0 1.8 3.3 1.2 1.4 2.4 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.8 0.0 0.0 0.0 0.0 Disconnection 16.4 14.5 15.2 45.8 12.8 15.4 33.8 18.3 10.0 13.3 20.0 15.4 0.0 3.5 9.9 6.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2.6 5.0 0.0 0.0 6.1 1.2 0.0 0.0 0.0 0.0 0.0 1.8 0.0 0.0 0.0 0.0 1.5 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Faults 50.0 13.2 50.0 40.0 1.0 1.2 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.7 0.0 1.8 0.0 0.0 1.5 0.0 2.1 0.0 0.0 0.0 0.0 0.0 0.9 1.2 0.0 1.5 1.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.7 0.0 0.0 Porting 0.0 0.6 1.0 1.6 4.4 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.4 0.0 3.6 0.0 0.0 0.6 0.0 0.8 0.0 0.0 0.0 0.0 0.0 3.1 2.2 1.8 1.9 1.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 3.3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 7.1 0.0 0.0 2.8 0.0 0.0 Other 3,018 1,938 1,338 4,356 1,919 5,741 514 849 679 250 238 78 73 55 10 85 30 56 82 66 14 Telecommunications2004 IndustryOmbudsmanAnnualReport 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 4 0 0 0 0 0 0 0 0 5 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 2 0 Total Mobile 100.0 46.2 55.6 22.4 17.7 32.1 63.9 50.0 57.8 50.0 25.0 14.3 23.5 24.8 54.3 24.4 36.8 27.7 28.6 85.7 32.5 34.3 25.3 50.0 18.3 42.9 60.0 51.7 44.7 33.2 38.6 44.0 36.4 26.5 43.3 38.5 57.7 36.9 50.0 25.0 21.4 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.9 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Billing 10.0 17.7 14.3 19.4 13.3 14.3 37.5 12.8 22.5 19.0 11.2 11.7 12.2 14.8 30.8 15.2 7.7 7.4 0.0 0.0 0.0 0.0 0.0 6.6 4.0 4.3 2.2 0.0 1.5 0.0 8.1 0.0 0.0 6.9 8.5 4.2 9.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 6.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 7.6 0.0 0.0 0.0 Contracts 20.0 50.0 75.0 21.4 0.5 2.5 0.0 0.0 0.0 0.0 2.5 2.9 1.4 2.4 8.8 0.0 0.0 0.0 3.7 0.0 0.0 0.0 0.0 0.0 0.0 1.3 4.0 2.2 0.0 1.3 4.6 0.0 4.0 0.0 0.0 0.0 1.0 9.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 7.7 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 6.2 6.3 0.0 Credit Control 15.7 19.0 11.1 12.0 35.7 12.5 21.0 19.7 12.7 16.9 20.4 20.0 10.3 14.8 50.0 50.0 25.0 28.6 21.1 20.4 13.0 22.4 27.7 22.6 25.0 13.8 17.0 16.1 14.7 33.3 14.1 16.8 16.7 21.4 7.1 2.4 0.0 7.4 8.9 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 9.3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Customer Service INTERNET 12.7 55.6 0.0 0.0 3.8 0.0 3.6 0.0 2.5 4.4 5.6 5.6 6.5 4.1 0.0 0.0 0.0 0.0 5.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2.8 1.3 0.0 0.0 0.0 6.6 1.5 4.0 0.0 0.0 0.0 6.9 6.4 4.2 3.7 0.0 5.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 3.2 4.7 0.0 0.0 0.0 Disconnection 100.0 100.0 25.3 39.3 33.3 20.5 21.4 10.8 18.3 13.5 18.2 30.6 26.7 14.3 30.8 14.8 50.0 14.3 27.7 26.6 23.9 31.6 30.8 14.1 25.0 20.7 17.0 33.2 15.6 17.5 33.3 15.4 14.5 14.3 5.6 8.4 7.5 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 7.4 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 8.8 0.0 0.0 Faults 23.8 21.4 14.1 13.0 37.8 50.0 42.9 16.0 17.9 10.8 16.5 33.3 16.7 21.4 2.5 7.1 0.0 0.0 9.2 6.5 6.1 0.0 2.4 5.0 0.0 0.0 3.7 0.0 0.0 2.2 1.3 4.6 0.0 0.0 6.4 6.5 3.7 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.5 4.7 0.0 Provision 16.7 2.5 0.0 0.0 0.0 0.4 3.9 0.0 0.0 2.4 0.0 0.0 3.3 0.0 0.0 0.0 1.4 0.0 0.0 0.0 0.0 1.5 0.0 0.0 0.0 1.6 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 7.7 0.0 1.0 0.9 2.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.9 0.8 0.0 0.0 Other 4,445 251 210 585 310 109 531 297 681 930 79 28 42 14 77 49 36 83 40 39 27 71 46 76 65 29 47 97 54 45 13 14 0 0 4 0 7 0 0 0 7 6 0 4 0 4 0 0 5 0 0 0 0 3 0 0 8 0 0 0 0 0 2 2 0 2 0 0 6 0 0 2 Total Internet 80 Complaints against TIO Members by Level 1 July 2003 - 30 June 2004 (Includes members that received 25 or more complaints in 2003/04
(t) = telephone service provider (i) = internet service provider (o) = other ( c ) = holds carrier licence
Total number of Member Complaints % Level 1 % Level 2 % Level 3 % Level 4 1410 Communications Pty Ltd (t) 186 96.2% 3.8% 0.0% 0.0% 1800 Reverse Pty Ltd (t) 60 95.0% 3.3% 1.7% 0.0% AAPT Ltd (t&i) (c) 2,976 92.6% 6.0% 1.4% 0.0% AAPT Mobile Limited (t) 578 88.6% 9.2% 2.2% 0.0% AOL/7 Pty Limited (i) 79 91.1% 6.3% 2.5% 0.0% Approach Telecom Australia Pty Ltd (t) 311 99.7% 0.3% 0.0% 0.0% Astracom Pty Ltd (t) 94 91.5% 5.3% 3.2% 0.0% AUSTAR United Mobility Pty Ltd (t) 64 95.3% 4.7% 0.0% 0.0% Australia Star Communications Pty Ltd (t) 38 89.5% 5.3% 5.3% 0.0% B Digital Ltd (t) 737 94.8% 4.9% 0.3% 0.0% Broadtel Communications Limited (t) 52 78.8% 7.7% 7.7% 5.8% Budgetel Pty Ltd (t) 50 86.0% 12.0% 2.0% 0.0% Call Australia Pty Ltd (t) 242 98.8% 1.2% 0.0% 0.0% CardCall Pty Ltd (t&i) 46 100.0% 0.0% 0.0% 0.0% Chi Telecom Pty Ltd (t) 40 95.0% 5.0% 0.0% 0.0% ComCen Internet Services (i) 30 73.3% 20.0% 6.7% 0.0% Commander Australia Ltd (t&i) 26 92.3% 7.7% 0.0% 0.0% Corporate Telecom Pty Ltd (t&i) 28 92.9% 7.1% 0.0% 0.0% CyberOne Pty Ltd (i) 27 85.2% 11.1% 3.7% 0.0% Digiplus Pty Ltd (t&i) 154 90.9% 7.8% 1.3% 0.0% Dingo Blue Pty Ltd (t) * 42 83.3% 16.7% 0.0% 0.0% Direct Internet Pty Ltd (i) 62 93.5% 4.8% 1.6% 0.0% Direct Telecoms Pty Ltd (t) 138 87.0% 7.2% 4.3% 1.4% Dodo Internet (i) 194 95.4% 4.1% 0.5% 0.0% EFTel Pty Ltd (i) 26 92.3% 3.8% 3.8% 0.0% Flow Communications Pty Ltd (i) 35 80.0% 8.6% 11.4% 0.0% Global Networks (Aust) Pty Ltd (t) 68 75.0% 16.2% 8.8% 0.0% GlobalCenter Pty Ltd (i) 46 100.0% 0.0% 0.0% 0.0% GOtalk Australia Pty Ltd (t) 93 88.2% 6.5% 5.4% 0.0% Hotkey Internet Services Pty Ltd (i) 69 78.3% 13.0% 8.7% 0.0% Hutchison 3G Australia Pty Ltd (o) 1,635 94.9% 4.3% 0.7% 0.2% Hutchison Telecoms (Aust) Pty Ltd (t&i) (c) (inc 1,629 90.9% 6.9% 2.1% 0.0% ihug (i) * 96 85.4% 10.4% 4.2% 0.0% ihug Pty Ltd (t&i) 239 80.3% 14.6% 5.0% 0.0% iiNet Ltd (i) 271 91.5% 5.2% 3.3% 0.0% Kooee Telecom (t) 298 95.6% 3.4% 1.0% 0.0% Leading Edge Internet Pty Ltd (i) 44 95.5% 4.5% 0.0% 0.0% Look Mobile Ltd (t) 51 94.1% 3.9% 2.0% 0.0% m8 Telecom Pty Ltd (o) 429 77.6% 15.6% 6.8% 0.0% Macquarie Corporate Telecommunications Holdings 30 76.7% 16.7% 6.7% 0.0% Mobile Innovations Ltd (t) 46 95.7% 4.3% 0.0% 0.0% Multelink Australia Ltd (t&i) 43 93.0% 7.0% 0.0% 0.0% My Telecom Pty Ltd (t&i) 30 70.0% 16.7% 13.3% 0.0% NC Cable Pty Ltd (t&i) 34 97.1% 2.9% 0.0% 0.0% Netspace Online Systems Pty Ltd (i) 62 91.9% 6.5% 1.6% 0.0% New Tel Mobiles Lqdtr (o) * 73 68.5% 15.1% 16.4% 0.0% New Tel Services Pty Ltd (t) 61 96.7% 3.3% 0.0% 0.0% Optus Broadband Pty Ltd (i) 486 92.8% 5.1% 2.1% 0.0% Optus Mobile Pty Ltd (t) (c) 3,774 89.3% 7.8% 2.8% 0.0% Optus Networks Pty Ltd (t) (c) 7,735 90.1% 7.8% 2.1% 0.0% OzEmail Pty Ltd (i) 260 88.8% 9.2% 1.9% 0.0% Pacific Internet Australia Pty Ltd (i) 32 81.3% 18.8% 0.0% 0.0% People Telecom Limited (t&i) 136 77.9% 14.0% 7.4% 0.7% Primus Telecommunications Pty Ltd (t&i) (c) 2,461 93.1% 5.7% 1.2% 0.0% RSL Com Australia Pty Ltd (t) * 70 87.1% 10.0% 2.9% 0.0% RSL COM Business Communications Pty Ltd (t&i) 97 88.7% 8.2% 3.1% 0.0% SE Network Access Pty Ltd (i) 59 91.5% 6.8% 1.7% 0.0% SIMplus Mobile Pty Limited (t) 2,458 80.0% 13.5% 6.4% 0.0% Smarter Way Pty Ltd (i) * 64 98.4% 1.6% 0.0% 0.0% Southern Cross Telco Pty Ltd (i) 195 94.4% 4.6% 1.0% 0.0% Swiftel Communications Pty Ltd (i) 45 95.6% 4.4% 0.0% 0.0% TCI Australia Pty Ltd (t) 42 95.2% 4.8% 0.0% 0.0% Tel.Pacific Pty Ltd (i) 58 91.4% 6.9% 1.7% 0.0% Telstra Big Pond (i) 3,800 89.6% 7.8% 2.5% 0.1% Telstra Corporation (t) (c) 22,994 89.0% 8.3% 2.6% 0.1% TPG Internet Pty Ltd (i) 433 81.3% 12.7% 6.0% 0.0% TransACT Capital Communications Pty Ltd (t&i) 59 88.1% 8.5% 3.4% 0.0% 81 82 United Customer Management Solutions Pty Ltd (t) 67 91.0% 9.0% 0.0% 0.0% Universal Telecom Australia Pty Ltd (t) 34 100.0% 0.0% 0.0% 0.0% Veridas Communications Pty Ltd (i) 52 96.2% 1.9% 1.9% 0.0% Virgin Mobile (Australia) Pty Ltd (t) 229 94.3% 5.2% 0.4% 0.0% Vodafone Pacific (t) 1,229 92.8% 5.8% 1.4% 0.0%
* members terminated during year Telecommunications Industry Ombudsman Annual Report 2004 Glossary
ACA (Australian Communications Authority) Bill the Biller The government body responsible for The TIO adheres to a ‘Bill the Biller’ policy, regulation of many aspects of the where it will under almost all circumstances telecommunications industry with extensive log a complaint against the company who was powers under the Telecommunications Act actually billing the complainant at the time of 1997 and the Telecommunications (Consumer the circumstances leading to the complaint. Protection and Service Standards) Act 1999. While enquiries and complaints are always logged against the Member concerned, only ACCC (Australian Competition complaints are billed directly to a Member; and Consumer Commission) enquiries are billed as part of overhead costs. The government body responsible for regulating anti-competitive or unfair business In January 1998, it was agreed by the TIO practices and enforcing the Trade Practices Council that the TIO should have a degree of Act 1974. operational discretion in the application of the ‘Bill the Biller’ policy. Accordingly, the TIO ACIF (Australian Communications will at times make an exception to this policy Industry Forum) and pursue the supplier of a service where it An independent body established by industry has no direct relationship with the customer. to manage telecommunications self-regulation. A primary function of ACIF is to develop Board industry and consumer Codes of Practice. The TIO Scheme is a company limited by guarantee and is accountable to its Board of ADR (Alternative Dispute Resolution) Directors. The Board has corporate governance Any means of settling disputes outside of the responsibilities including risk management, courtroom. The TIO is an ADR body. financial management of the Scheme, strategic affairs, budgeting and ensuring compliance ADSL (Asymmetric Digital Subscriber Line) with the Memorandum and Articles of A type of xDSL service, ADSL is a technology Association and the Constitution. that uses an ordinary phone line (a copper pair) and allows for internet and voice to be Broadband used simultaneously. Broadband is a general term that refers to high speed internet connections such as cable, ADSL Codes xDSL and satellite. For broadband services, The term for the information that is internet access is not time-based as it is an programmed into a telephone line to identify ‘always on’ connection, the exception being an ADSL provider. A customer cannot receive the uplink for satellite. an ADSL service from a new provider if the old provider’s codes are still on the line. Carrier An organisation that holds a carrier licence as ANT1 defined by the Telecommunications Act 1997. Technology that allows a single phone line to In very general terms, a carrier provides the be split into two or more separate lines via a physical infrastructure used to supply carriage box (an ANT1 box) placed at the customer’s services to the public. premises. CDMA (Code Division Multiple Access) Backbilling A type of digital mobile service different from Billing by a service provider for calls or GSM digital. CDMA replaced the analogue or services provided prior to the current billing AMPS service. period. Backbilling is now governed by the ACIF Billing Code. Council Communications. and Affairs Consumer for responsible Ministers Federal the with consultation after Board, the of approval the with and Council of recommendation the on changed be may Constitution The Ombudsman. the and Members Council, Board, the of powers and responsibilities roles, the outlines Constitution TIO The payments if the standards are not met. met. not are standards the if payments compensation of scale set a to consumers entitles CSG The appointments. and services new of connection faults, of rectification for standards other and limits time sets CSG The service. telephone standard the of suppliers on ACA the by administered requirements performance of set A Guarantee) Service (Customer CSG procedures. handling complaint on Ombudsman the to advice provides and policy for responsible is Council groups. interest consumer and Members TIO from representatives of number equal an and Chairman independent an of comprised is Council TIO The Constitution consuming. time and complex most the 4 and 3 Levels simplest, the are complaints 1 Level resolve. to taken time or and complexity on based complaints distinguish to classification TIO’s The Display) Number (Calling CND providers. service between services customer transferring of process The Customer Transfer Customer Complaint Levels Complaint product. or service telecommunications a with grievance or dissatisfaction of Expression Codes call. the receiving person the by viewed be to number caller’s a allows that service A Complaint ACA. compliancecodeon the for data gathers TIO The Codes. complycompanieswith to direct to power the has ACA The Code. that in set standards the by boundis it Code a to companysignatory onceais voluntary, is Codes complianceWhile with industry. andthe ACIF by set standards Performance
Telecommunications2004 IndustryOmbudsmanAnnualReport GSM (Global System for Mobiles) for System (Global GSM debts. factored over jurisdiction retains TIO The factor. a as known entity independent an to debt a of selling The Information Technology and and Technology Information Communications, of Department The Factoring complaints. 1 Level and enquiries oral and written handles who member staff TIO Determination/Direction trends. complaint about statistics obtain to and issues complaint emerging in involvement TIO’s the discuss to TIO the with liaises also Division The organisations. consumer and industry, telecommunications the ACA, the regulator, industry the with closely works Division Telecommunications Department’s The areas. remote and rural regional, in people for particularly services, telecommunications improve to programs administers and policy telecommunications on Government the advises Department The ISP (Internet Service Provider) Service (Internet ISP complaints. level higher resolving and investigating to addition in complaints 1 Level and enquiries oral and written handles who member staff TIO Enquiry Officer Enquiry bill. telephone customer’s the on fall site the viewing for Charges number. rate premium or international an to connected directly and knowledge their without ISP local the from disconnected is modem user’s internet an website, a from software certain downloading or link a on clicking of result a as which, by process the describe to used term The Dumping $50,000. of value the to Recommendations and $10,000 of value the to Directions or Determinations binding make may Ombudsman The expended. been have resolution at efforts all when Ombudsman the by made finding A far the largest group of TIO Members. TIO of group largest the far by represent ISPs TIO. the of Members be to required are ISPs All public. the to service access internet provides which company A the Arts (DCITA) Arts the Investigation Officer Investigation system. phone mobile digital A
83 Issue Port The matter about which a complainant The process by which a customer’s telephone has contacted the TIO. A single complaint number is transferred to another carrier’s may involve several issues. While the network. TIO charges its Members by number of complaints, it reports on the basis of Resolution number of issues raised. The TIO groups A complaint outcome found by the TIO to similar issues into categories, such as be fair and reasonable in the circumstances. billing, faults and privacy. Service Provider (Carriage) Member A carrier or carriage service provider which A telecommunications service provider provides telephone, mobile or internet which is a Member of the TIO Scheme. services. The Telecommunications Act 1997 requires all carriers and eligible carriage service SFOA (Standard Form Of Agreement) providers to be Members of the TIO. The form of contract between a service provider and its customer where there is no Memorandum and Articles of Association special or specific individual negotiations as Document outlining the rules and principles to terms and conditions. A service provider governing the TIO and its Members. It is must provide its SFOA to the ACA. broader and more comprehensive than the Constitution, and covers areas such as Spam administration and funding. This document Unsolicited marketing email. may be amended only with the approval of TIO Members in attendance at an Annual or Standard Telephone Service General Meeting. Fixed telephone service providing two-way voice communication for local, long distance MNP (Mobile Number Portability) and international calls. The standard Mobile number portability (MNP) was telephone service does not include mobile introduced in Australia on 25 September services, customer equipment or internet 2001. It allows mobile customers to keep services. their existing mobile telephone number when they change service providers. STD (Subscriber Trunk Dialling)
MMS (Multimedia Messaging Service) A national long-distance call that is not Allows images, video clips and sound to operator assisted. be added to mobile phone text messages. 3G Pair Gain Third generation mobile phone networks Digital technology that allows a single allow for internet access and data delivery phone line to be split into two or more to mobile phones with moving colour lines at the exchange. Also known as ‘RIM’ images, audio and sophisticated internet technology. services.
Point of presence A Point Of Presence (POP) is a telephone number that gives users dial-up access to the internet. 84
Telecommunications Industry Ombudsman Annual Report 2004 “UnderAdministration” Service ProviderService adakItre t t 07/16/2003 Lagoon Blue Access 06/06/2002 AblazeInternet 09/30/1999Technologies Pty Ltd Ltd InternetPty Aardvark CommunicationsLtd AAA Pty Ltd Pty Networks A3 09/08/1998 CommunicationsY A Ltd Pty Century 21st 04/04/2000 Ltd Pty MultilineBBS 1990 123-easyDSL.com Ltd Pty Services Computer #1 Internet Liquidation”,Contact”,Period”,Month IncludesCessation“Unable“In to “Current Member”,“3 30/06/2004 at List Member lhln utai t t 07/01/1997 10/31/1997 Ltd AustraliaPty Alphalink 08/25/2003 Ltd AustraliaNetPty Dot Alpha Computers Allstate 11/30/2000 Ltd OrganisationPty Net All Ltd Pty Services IP All 04/15/2004 08/29/2002 Ltd InternetPty Local Albury 07/18/2000 CommercialAirnetLtd Australia Pty Ltd CorporationPty Affinity Ltd Pty WirelessAdvatel 08/07/1998 04/26/2002 07/21/1997 Ltd AdvancedPty InternetServices InternetHolidayCoast ADNET 06/01/2004 AdmitInternet AdmacLtd NomineesPty PTY.ADAM LTD AcureTechnologyLtd Pty 01/18/1999 Ltd AustraliaActivPty ActewAGLRetail Acepia AcenetInternetServices Ltd Pty OnlineAce 09/01/1997 01/06/2003 Limited Pty InternetServicesAce Ltd Pty IT Accsys AccsoftComputer Technology 10/27/1997 Pty Ltd Ltd ProvidersAccessPty Ltd Pty Plus Access 12/09/1998 Ltd Pty Only Access 05/25/2002AccessNet Internet Services PtyLtd InternetAccess Ltd Pty InternetServices Total Telephone Service Provider Service Telephone Telephone and Internet Service Provider Service Internet and Telephone Other Internet Service Provider Service Internet MemberCategory
Joined TIO Joined 01/18/1999 02/16/2004 02/07/2003 10/15/1997 10/20/1998 06/07/2001 04/23/1998 07/21/1998 02/21/2002 04/24/2001 04/14/2003 07/01/1997 01/21/2004 10/22/1997 07/01/1997 09/29/2003 Date
adit NIIE t t 09/16/2003 Ltd bandwidthPty UNLIMITED CouncilBananaShire 03/11/2003 Ltd Pty Awebit 07/21/1998 Ltd Pty Awafith AWCommunicationsLtd Pty 09/22/2000 CommunicationsGlobal Avon Ltd AuzynetPty Ltd AustrasoftPty Ltd AustralisInternetPty Ltd AustraliaNetPty IT InformationServices AustralianRegionalTechnology 04/21/2004 Ltd AustralianPty InternetBilling AustralianInland InformationSolutions utai nLn t t 03/25/1998 AustralianCorporate 07/21/1998 AustralianBowhunters Journal Pty Ltd 10/15/1998 Ltd Pty LineAustralia On 10/13/1997 AustraliaLtd InternetSolutionsPty Ltd AustraliaPty Connect 11/10/2003 AUSTARLtd BroadbandPty United 09/10/2002 AussieParadiseDesigns Ltd AusnetPty 07/21/2000 Ltd AuctionPty Classifieds Ltd AtlarePty AsiaGlobal Crossing Australia Pty Ltd09/11/2001 ArgonautInternetService 11/03/1997 Ltd ArdebilPty ArcadiaTechnology Ltd ArachnetPty AquariusCommunications 04/02/1998 Ltd Pty APJNet Limited Pty AOL/7 CommunicationsLtd ANS Pty 07/22/1999 03/30/2004 Billing ANR Angelnet Ltd ProgrammersAnalystPty Ltd Pty Services IT Amnet Amisoft Ltd Pty Online Always Ltd AlphernetPty Ltd Pty Alphawest 1,043 Total 146 758 106 33
06/11/2002 05/03/2004 07/03/2002 07/21/1998 12/10/1997 08/24/1998 05/23/2003 08/08/2003 03/24/2003 11/12/2003 11/13/1997 01/29/2001 06/26/1998 07/09/1998 05/17/1999 02/26/2004 09/06/2000 02/01/2002 05/18/2004 03/14/2000 11/21/2002 03/21/2003 03/17/2003
10% 73% 14% 3% %
85 Member List Barcode Solutions Pty Ltd 09/23/1999 CNN Internet Pty Ltd 06/29/2000 Barimanet Pty Ltd 08/22/2003 Coastal IT Pty Ltd 07/08/2003 Barnetwork Pty Ltd 10/07/2003 Cold Coffee Internet Services Pty Ltd 10/09/2003 Barroband Pty Ltd 08/14/1998 Colour City Computers Batemans Bay Connect 12/16/2002 & Internet Services 10/08/2003 Beagle Internet Pty Ltd 06/09/2004 Comaxes Corporation Pty Ltd 06/29/1999 BeSecure Pty Ltd 05/18/2000 ComCen Internet Services 07/17/1997 Betterlink Pty Ltd 12/21/1998 Come On Aussie Internet Services 04/27/2004 Beyond Net Pty Ltd 05/02/2002 Commerce Australia Pty Ltd 04/03/1998 Big Button Pty Ltd 01/14/1998 Communicat Investments Pty Ltd 07/01/1997 BigAir Australia Pty Ltd 11/25/2002 Communications Factory Pty Ltd 11/10/1999 Bigfoot Internet Pty Ltd 01/02/2002 Compass Net 07/09/1998 Bilby Internet Service Pty Ltd 03/20/2003 Computer Connect Wireless Network 04/15/2002 Bizmail Broadband Limited 06/09/2004 Computer Systems Support (Mackay) Pty Ltd 05/23/2000 Bizyweb Internet Services 07/25/2002 Computers Now Pty Ltd 08/09/2002 BKB Internet Pty Ltd 02/05/2004 Computing Success 06/10/1999 BLR Investments Pty Ltd 10/31/2002 Comstar Internet Services Pty Ltd 02/12/2003 Blue Mountains Internet 05/04/1998 Comstech Systems 04/23/2003 Blue Net Pty Ltd 11/19/2002 Conceptual Internet Australia Pty Ltd 07/03/2000 Blue Wire Technologies Pty Ltd 10/17/2003 Connect Internet Solutions Pty Ltd 07/01/1997 Bluefire Corporation Pty Limited 06/28/1999 Contal Information Technology Pty Ltd 06/12/1998 BluIce Technology 01/31/2000 Copper Road Pty Ltd 10/07/2002 Bordernet Internet Pty Ltd 06/23/2003 Corinthian Engineering Pty Ltd 04/06/1998 Bribie Island Internet Pty Ltd 04/07/2004 Cornish Business Solutions 09/11/2003 Brisbane Public Access Network Association Incorporated 03/25/1999 Corpita Pty Ltd 04/15/2003 Broadcast Engineering Services Coscom Technology 04/16/1999 (Australia) Pty Ltd 09/19/2002 Cougar Access Pty Ltd 12/13/1999 Broadnet Pty Ltd 07/16/1999 Country Energy 12/09/2002 Broadway Web (Internet) Services 03/15/2004 Cowsnet 01/23/2001 Bucan Holdings Pty Ltd 07/01/1997 CQ Net Pty Ltd 03/22/2002 Burnett.net.au Pty Ltd 07/07/2003 Craig John Sawtell t/as Lismore Online 08/18/2003 Bytecard Pty Ltd 12/11/1997 Creagh McGlasson Pty Ltd t/as C.J SCAFE & S Scafe t/as Rural Systems 03/29/2004 Female Technologies 06/26/2003 Cross Link Pty Ltd 05/28/2002 C.S. Sutherland Corporation Pty Ltd 09/08/2003 CSI Holdings Pty Ltd 07/18/1997 C1 Consulting Pty Ltd 10/18/2002 Curl Internet Solutions Pty Ltd 11/19/2003 Cairnsnet Pty Ltd 01/22/2001 CVS Communications Pty Limited 05/27/1999 Callvale Pty Ltd 05/07/2004 CybaNet Internet Services Pty Ltd 03/28/2002 CD Computer World Pty Ltd 03/17/2000 Cyberlink Network 06/28/1999 Central Coast Internet Pty Ltd 11/13/1997 Cybernet International 02/16/2000 Central Online Pty Ltd 09/10/2001 Cybernet Internet Services 10/02/2000 Central-Data Pty Ltd 11/03/2000 Cybernet Pty Ltd 12/09/1998 Cerum Pty Ltd 08/01/2002 CyberOne Pty Ltd 09/03/1997 Chariot Internet Ltd 10/30/1997 Cyberspace Corporation Pty Ltd 12/02/1997 Cherry Technology Pty Ltd 06/08/1999 Cyberwizards Group Pty Ltd 09/27/2000 Chilli Internet Solutions Pty Ltd 03/26/1998 D & M Technologies Pty Ltd 04/02/2001 Christian ISP 05/15/2003 D L & L M McDonagh t/as Cimtec Pty Ltd 10/14/1997 Telegraph Road Partnership 05/31/2002 Citisystems (Aust) Pty Ltd 05/07/1999 D.E Baldock & R.D Baldock, t/as Rocket Web 04/09/2003 Citylink Technology Pty Ltd 08/04/1999 Dart Global Pty Ltd 10/23/2003 ClariNET Internet Solutions Pty Ltd 07/25/1997 Data Consulting Group Pty Ltd 04/01/2003 Clockwork ISP Pty Ltd 03/31/2003 Data FX Online Pty Ltd 06/18/2003 Clove.net.au 01/30/2004 DataCo IT&T Pty Ltd 11/06/2003 Clover Computing 06/10/1998 Datalan Australia Pty Ltd 06/16/2003 Club Australasia Pty Ltd 11/09/2001 DAYTEC Australia Pty Ltd 02/20/2000 ClubNet International Pty Ltd 01/18/1999 DBUGG Information Technology Pty Ltd 05/07/2004 Cmon.com.au Pty Ltd 12/15/2003 DCS Internet 10/15/1997 CNK Network Services Co 08/25/2003 86
Telecommunications Industry Ombudsman Annual Report 2004 E C & P ElectronicComponentsP & C E 11/26/1997 05/12/1998 Ltd DragnetPty InternetServices UnderLtd ConsultantsDown Pty DoveNetQ 10/02/1997 DotAussie.com Limited CX Dot CommunicationsLtd Dot Pty Link Domain 05/23/2003 04/05/2004 SystemsNetwork Business Domain CommunicationsLtd Doggy Pty Ltd InternetPty Dodo Ltd InternetPty Direct 09/22/2003 CommunicationsLtd Internet& Pty Enhanced Design AndDesign Enhanced 11/15/1999 Ltd Pty 21 Enet Ltd Pty Encom 10/27/1997 EmergeTechnologies Ltd Pty Ltd InformationPty SystemsElu 05/28/1999 Ltd Pty ConsultingServicesElmtree Ltd Pty Radio Eftel Ltd EFTelPty Ltd Pty Ecopost Ltd Pty ECN Ltd Pty Computers ECK Ltd EchobreezePty 10/03/2003 Ltd Pty Easynet 11/08/1999 Ltd Pty InternetServices Easy InternetEastcoast 08/06/2002 06/26/2003 InternetNorth Far t/as Ives N & EA InternetServicesE-Vision TechnologyLtd E-Sharp Pty BroadbandE-Access Peripherals& Export Mission InformationMission Export 06/11/2004 Ltd Pty Exetel 03/14/2000 Ltd IntegrationSystemsExceedPty CommunicateConnect Evolve 07/01/2002 Ltd Pty Evanscorp Ltd Pty Access ETT Ltd Pty NetworksEtherwave EtherTechLtd Pty 08/09/2002 03/09/2004 Escape.Net CommunicationsLtd Escape Pty 11/30/1999 CommunicationsLtd eSat Pty 06/12/1998 TechnologyLtd EON Pty InternetServicesEnterprize 01/04/2003 Ltd AustraliaNetEnterPty InformationTechnology Group xrs ulctosPyLd 02/23/2000 Ltd PublicationsExpressPty Ltd Pty Systems Digital Data InformationServicesData Digital Ltd DigimediaPty 09/08/1999 Ltd AustraliaDiggyPty 11/06/2002 Ltd Pty InteractiveGroup NET Didji Ltd Pty DiamondComputer Ltd Pty Net Dezza Ltd Pty Desiin OnlineDesign Ltd Pty DDA
08/15/1997 04/01/2003 03/26/2001 09/02/1999 09/10/2001 12/22/2003 01/10/1999 02/11/2004 05/06/2002 01/02/2001 08/04/1997 03/13/2003 03/20/2003 01/20/2003 11/28/1997 07/10/1999 03/03/2003 02/02/1999 04/21/2004 11/02/2001 03/19/2002 06/02/1999 01/12/1998 05/18/1998 01/10/2000 08/30/2002 09/13/1999 06/01/1998 04/27/1998 03/31/2000 12/07/1999 Telecommunications2004 IndustryOmbudsmanAnnualReport ake nentSrie 09/07/1999 HermesInternet HawknetInternetServices 08/29/2001 Ltd Pty Link Hawk Ltd Pty IT HAQ 06/17/1999 Ltd HanodInvestmentsPty Hande.com.au Ltd NomineesPty Greenhatch 04/17/2003 CommunicationsGreenBayLtd Pty 11/14/2003 Ltd GratesandPty Ltd InternetPty GPM Ltd Pty GPC Ltd InternetPty Goulburn InternetGoldweb 01/26/2002 12/19/1997 Ltd Pty InternetServices Goldlink TechnologiesOrb Ltd Golden Pty 11/25/1999 Ltd Pty IT Golden EnterprisesGodian 07/05/2000 Ltd AustraliaGoConnectPty Ltd Pty GlobalCenter Ltd InternetPty Wire 08/25/2003 Global Ltd Pty SolutionsNetwork Global Ltd Pty Dial Global NetCorporate Global InternetGKY Ltd Pty GetOnIt Genuity,Inc. Limited Pty Genisyst GenerationIT Ltd WorksPty Gel GeelongScience &Technology 05/14/1998Centre Geecko 06/21/2002 Ltd WaverleyGamexpressPty Glen Ltd Pty Fuzion 08/24/1999 Ltd Pty Futureweb 05/02/2002 AustraliaLtd Fujitsu 08/06/1999 Ltd FrontierPty ISP Ltd AustraliaNetFrogPty Ltd Pty GroupFreshwater FreenetLtd AustraliaPty NetworksFreegate 07/22/2002 Ltd Pty Service All Fox Ltd Pty ServicesFoundation IT 05/10/1999 AccessFlowernet 11/20/2003 CommunicationsFroggyFlow t/as CommunicationsLtd Flow Pty 05/09/2003 Ltd BroadbandHoldingsPty Fleet 07/01/1997 07/04/2001 01/21/2004 Ltd Pty InternetService Link First 01/04/2000 CommunicationsLtd Link Pty First Ltd Pty ComputingFirestorm Ltd InternetPty Firestar Ltd Pty FIBRE Fasternet.com.au Services Computer F1 05/25/2004 01/18/1999 InternetServicesOne)(Formula F1 Ezylink ServicesSurveillance Eyespy 03/24/2004 extremeDSL Limited ExtentiaCorporationPty 07/24/1997 02/25/2002 03/24/1999 04/01/2003 11/20/1998 04/03/2003 11/30/1998 01/14/2003 12/12/2003 07/07/2000 08/27/2002 05/03/2000 06/07/2001 07/01/1997 09/22/2003 07/10/2000 07/01/1997 03/07/2003 07/22/1999 05/21/2002 04/04/2001 07/09/1998 01/07/1998 04/06/2001 09/01/1999 08/24/1998 08/29/2000 10/23/2003 03/14/2000 06/16/1999 01/19/1999 05/07/2004
87 Highlands Internet Pty Ltd 12/21/1997 Interwerks Pty Ltd 12/07/2001 Highlevel Innovations Pty Ltd 03/11/1998 Intrapower Pty Ltd 07/29/1998 Highway Internet Services Pty Ltd 07/03/2001 IPN Operations Pty Ltd 02/27/2003 Hislora Pty Ltd 10/02/2000 Isage 06/07/1999 Hissey & Associates Pty Ltd 01/06/2003 ISP National Pty Ltd 08/12/2003 Hitech Support Pty Ltd 06/23/2002 IT Systems Management Pty Ltd 05/21/2003 Horizen Enterprises Pty Ltd 09/08/1999 ITConnect Internet Services Pty Ltd 08/20/2002 Hostbiz Pty Ltd 05/12/2004 iwireless 10/10/2003 Hosting Technologies Pty Ltd 08/26/2003 Jaspar Solutions 01/19/2001 Hot-Link DDS 07/15/1999 JaziNET 01/07/2004 Hotkey (Bendigo) Internet Services 12/19/2002 Jeack Pty Ltd 10/08/1998 Hotkey Glen Waverley Pty Ltd 05/07/2003 Jigsaw Technology Pty Ltd 04/20/1998 Hotkey Internet Services Pty Ltd 10/29/1997 JM Grant & AJ Ridgway, Hotkey West Pty Ltd 05/08/2003 t/as Maxnet Internet Services 05/06/2003 Hotline Support Pty Ltd 02/12/2004 Joy Net 08/20/2001 HTML Net 07/09/1998 Justnet Pty Ltd 08/11/1998 Hudson Data 03/02/1999 JWC Internet Services 07/15/2002 HunterLink Pty Ltd 09/16/1997 Karratha Internet Support Services 01/14/2000 Hylinx 01/09/2003 Kern Internet Providers 08/24/1998 Hyper-Drive Technologies Pty Ltd 09/15/2000 Kevin Thompson & Kim Richardson t/as Alias Internet 02/06/2002 Hyperlink Pty Ltd 09/11/2003 Key Point Pty Ltd 07/01/1997 HyperOz 04/15/2004 Kim L Mogg 08/22/2003 I Benefit Pty Ltd 08/20/2003 King Island Internet Service 08/12/1999 I Q Connect Pty Limited 01/05/2004 Kingfisher Pty Ltd 10/24/2003 I&TC Solutions Pty Ltd 07/28/2000 L.I.S.P Pty Ltd I-Connect Internet Pty Ltd 07/31/2003 (Local Internet Service Provider) 01/08/1998 I-maginet.com Pty Ltd 03/21/2001 Laguna Computers Pty Ltd 04/04/2000 Ideal Internet Pty Ltd 07/13/2001 Lamp Internet Pty Ltd 08/07/2001 IDXNET Computing Pty Ltd 12/03/1997 LastMileAccess Pty Ltd 03/04/2004 iForm 07/21/1997 Launch Pty Ltd 07/01/1997 Immortal Technology Pty Ltd 12/09/1998 Laymen Pty Ltd 10/31/2000 Impaq Australia Pty Ltd 05/21/1999 LB & GL Rodda Pty Ltd t/as Quik Independent Computer Retailers 01/11/2000 Internet NNSW 11/13/2003 Independent Service Providers Pty Ltd 09/14/2001 Leading Edge Computers Kempsey 12/21/1999 Infinite Networks Pty Ltd 10/27/2003 Leading Edge Internet Pty Ltd 07/02/2001 Information Systems Technology Ledamark Pty Ltd 10/06/2000 Network Pty Ltd 05/15/2000 Life Changing Strategies 02/26/2003 Informed Technology 08/28/1998 Link Innovations Pty Ltd 11/28/2003 inspired net 05/07/1998 Linkit Internet Services 11/10/1998 Inspired Networking 01/18/1999 Linknet Internet Service Providers 03/16/1999 Integrated Data Labs Pty Ltd 09/01/1999 Linux Consultants Pty Ltd 01/18/1999 Integrity Network Solutions Pty Ltd 02/21/2003 Lismore Internet Services 07/01/1997 Intek Pty Ltd 08/21/2000 Livewire Communications 01/29/1999 Intelogy Pty Ltd 05/19/2003 Locall Pty Ltd 05/27/2002 Interact Broadband Pty Ltd 04/02/2003 Lockyer Internet Pty Ltd 12/02/2002 Interact Computer Centre 10/15/1998 LoginDSL 12/09/2002 Interactive Globalnet (IGN) Pty Ltd 11/10/1997 Longford Internet 07/13/1999 InterDomain Pty Ltd 01/01/1998 Loudshout! Pty Ltd 10/31/2002 InterNet Australis 02/01/2000 M Alvanos & P Alvanos Internet Depot 06/01/1999 t/as Unique Results 11/03/2003 Internet on the Coast Pty Ltd 07/01/1997 M Power Technologies Pty Ltd 03/25/2003 Internet Plus Pty Ltd 11/11/1997 M.W Frahn & A.J Stevens Internet Service Providers Pty Ltd 07/01/1997 t/as Copper Wire 01/08/2004 Internet Victoria Pty Ltd 10/28/1997 M2 Broadband Pty Ltd 05/13/2003 Internet Whitsunday Pty Ltd 03/19/2003 Mackay Computer Services Pty Ltd 02/11/2000 InternetWA Pty Ltd 06/16/1998 MACTL Pty Ltd 11/21/2003 InterNex Australia Pty Ltd 03/10/1998 Madec 03/09/2001 Internode Systems Pty Ltd 07/01/1997 MainLink Internet Services 10/27/1999 Intertask Pty Ltd 06/06/2003 Malleenet Internet Providers 07/07/2000 88
Telecommunications Industry Ombudsman Annual Report 2004 ewyTcnlge t t 05/13/1998 09/13/2002 07/01/1997 TechnologiesNetway Ltd Pty Ltd Pty SystemsOnline Netspace Ltd Pty NetworksNetspace Ltd Pty NetServ Netracom Ltd NetmasteryPty Ltd Pty NetmailAxcess NetmagicInternet Ltd NetforcePty 08/01/2001 08/14/2000 Ltd NetcorePty Ltd Pty Netcommplete Ltd BroadbandPty Netcomm Ltd NetCentral.com.auPty Ltd InternetPty Netbay 10/29/1998 Ltd NetadvantagePty Ltd Pty Net2000 Net.NeighbourhoodLtd Pty Ltd Pty UnlimitedNet Ltd SolutionsPty Net InternetNeon Ltd AustraliaPty NEC Ltd NaregInternetPty 02/28/2003 Ltd NanoetekPty Ltd Pty WirelessMyLink myinternetLtd Ltd AustraliaISPMyPty Mustangnet 01/07/2004 MultieTechnology Distribution 07/23/2002 Pty Ltd 12/29/1997 WebAustralisMultibase MudgeeInternet TechnologiesMPV Ltd Pty 02/11/2004 MonkeybongEnterprises Ltd ModernPty Shiftreload t/as Fuessel KP & MJ Anderson & AM Batrouni AM Anderson& MJ Ltd MinopherPty 08/20/1997 07/23/1997 Ltd MicroPty Minerva Ltd MindvisionInteractivePty InternationalMikkaLtd Pty 03/21/2003 Mightynet.com MicrosystemsSupport Micronica MicronetLtd InternetPty Ltd MicroedPty 03/28/2001 Ltd ParnellMichaelPty Ltd CorporationMetroPty Net 11/15/1999 10/13/1997 InternetServicesMerlin 04/29/2003 Ltd MerdayPty IncGroup User MelbournePC 01/21/1998 ProductionsMEL Ltd Pty Ltd AustraliaMegalinkPty 05/24/2002 Ltd MedEmailPty 09/23/2003 Ltd McPhersonMediaPty McGregorLtd AustraliaPty MazdaLimited AustraliaPty 04/23/2002 InternetMaytel 07/07/2003 Ltd Pty InternetServicesMaxi Ltd Pty Sons & MaurieFountain Ltd matra.com.auPty
12/01/1998 02/11/1999 08/23/1999 06/07/1999 07/25/2002 12/14/2001 07/01/1997 10/25/2001 01/02/2001 01/28/2003 07/14/1998 09/02/2003 07/16/1999 02/14/2003 08/02/2002 08/30/2001 04/30/2003 05/28/2004 07/01/1997 07/11/2001 07/01/1997 05/19/1998 11/16/1999 12/31/1997 04/02/1998 08/21/2002 12/18/1997 04/30/1998 06/01/1999 09/10/1999 04/11/1999 01/16/2004 05/18/2000 04/26/2001 01/05/1998 Telecommunications2004 IndustryOmbudsmanAnnualReport zotItre n lcrnc 06/11/2002 Ltd Pty OzISP ElectronicsInternetandOzhost OzGuide Ltd Pty OzForces Ltd Pty OzEmail 05/21/2003 InternetOzConnect 03/25/1999 WebInternetLtd ProvidersOz 06/17/1998 Pty Ltd Pty Line Support IT Oz Ltd Pty Oxnee InternetServices Overflow 09/11/2002 09/01/2003 Ltd Pty SquareOutsideServicesthe Ltd Pty DSJ Output Ltd NetworkDigital Outback Ltd Pty Haven Our Ltd Pty Ossini 06/29/2000 Ltd Orli-TechPty AustraliaOrits 06/23/2003 OnlineOrion Ltd BroadbandPty Optus 02/24/2004 InternetSolutionsOptraweb Ltd Pty Wireless & FibreOptic Ltd SolutionsPty OPOC 01/29/1998 Ltd Pty ConnectOnline 2000 Online Ltd InternetPty Earth One Ltd Pty NetThe On Omninet OMCS Ltd Pty Offis Ltd WorldPty Odyssey 03/30/1998 IncorporatedOCTEC Ltd Pty Nvision Ltd AustraliaPty NTT Ltd Pty AustraliaIP NTT 07/01/1997 TechnologyLtd NT Pty 07/24/2003 Ltd NotunseenPty NorthernTechnology Holdings Gateway NorthernRivers Ltd Pty ontEtrrssPyLd 08/29/2002 TelecommunicationsEast North 10/31/2000 Ltd Pty NornetEnterprises Ltd NorcrossPty 04/26/2004 Ltd MoreWires.comNoPty 04/20/1998 GoCentralt/as NicholasChilds Ltd AustraliaNextCenturyPty NexonAsiaPacific Pty 02/19/2001 Ltd NexacomPty Ltd NewmanPty NetworkingMillennium New 11/24/1998 Software& SystemsApproach New 03/26/2001 NetYP netXP Ltd MultimediaNetworksPty 05/20/2002 TechnologyLtd Network Pty (Aust) 11/15/2000 TrainingLtd Computer NetworkPty ot nutisPyLd 10/10/2003 TechnologiesNorthernExposure 02/10/2003 CommunicationsLtd Link NorthPty Ltd IndustriesNorthPty Ltd Co-operative
11/18/2002 06/15/1999 03/12/2003 07/01/1997 04/28/2003 11/18/1999 06/27/2003 06/17/2002 03/27/2000 04/20/1999 03/12/1999 04/06/1998 08/18/2003 05/15/2003 05/03/1999 10/31/1997 07/14/1998 07/01/1998 11/20/1998 06/17/1998 02/11/1999 08/27/1999 03/31/1998 08/27/1998 05/15/2002 12/10/1997 01/24/2003 03/12/2004 09/11/2003 07/16/1999 02/19/2003 11/10/1998 10/08/2002
89 Ozxpress Internet 09/21/2000 Rex Communications Pty Ltd 07/25/1997 Ozzienet Pty Ltd 04/01/2003 Reynolds & Reynolds Pty Ltd 05/12/2000 Ozzieweb Pty Ltd 07/11/2001 Reynolds Technology Pty Ltd 07/23/2001 P.G. Brown Services Pty Ltd RGTechnologies Pty Ltd 06/15/1999 t/as One Bite 04/07/2004 Richard Gary Wall t/as @Tech 09/01/2003 Pacific Internet Australia Pty Ltd 04/30/1999 Richard Gustin t/as Everlast Pacific Wireless Australia Pty Ltd 03/19/2002 Internet Services 12/23/2003 Panorama Development Pty Ltd 03/11/1999 RickSure Pty Ltd 02/16/2001 Paragon Systems Pty Ltd 12/10/2002 Rimmer Trading Pty Ltd 10/30/1997 Patash Pty Ltd 10/14/1997 Rimway Holdings Pty Ltd 11/21/2002 PC Oznet Pty Ltd 06/08/1999 Ripnet 05/25/1999 PC Technologies Aust Pty Ltd 11/25/2003 RO Computer Services Pty Ltd 11/17/1997 pcProfessionals 01/06/1998 ROK Technology Pty Ltd 01/20/2000 Peakhour Australia Holdings Pty Ltd 05/21/2001 Rubix Computers Pty Ltd 05/14/1999 Peevee Software Solutions Pty Ltd 08/07/2002 Rural & Peninsula Disability Personal Broadband Australia Pty Ltd 12/18/2003 Support Inc 09/15/2003 Perthnet 07/16/2003 Rural Business Machines Pty Ltd 02/03/1998 Petersen’s Online Services 12/04/1998 RuralOz Internet Service 12/02/2003 Plan B Internet Services Pty Ltd 03/30/1999 SA Country Club II BBS 02/17/1999 Planet Netcom Pty Ltd 08/22/1997 Saints PC Pty Ltd 05/31/2002 Platform Computing Pty Ltd 03/09/2000 Salient Enterprises Pty Ltd 05/14/2003 Porternet.com.au 12/11/2000 Samford Net 02/14/2003 Portolan Pty Ltd 05/27/1999 Satellite Navigator Pty Ltd 05/29/2003 Positronic Pty Ltd 06/19/2002 Satlink Internet Services Pty Ltd 07/01/1997 Powerband Networks Pty Ltd 07/28/2003 Saunders Properties Pty Ltd 07/31/2002 Powercor Australia Savtek Internet 10/01/2003 Telecommunications Pty Ltd 09/12/2002 Savvis Australia Pty Ltd 10/22/1999 Powerserve Australia Pty Ltd 10/31/2003 ScoastNet Pty Ltd 10/15/1997 Powerup Pty Ltd 10/28/1997 SCS Enterprises Australia Pty Ltd 02/10/2000 Precision Internet Services 10/14/2002 SE Network Access Pty Ltd 07/01/1997 Precisium 05/12/1999 Sebastopol College 08/10/1999 Preferred Internet Provider 11/26/1997 SELTEK Australia Pty Ltd 01/10/2000 ProDigital Solutions 12/18/2000 Service Corp IT Pty Ltd 04/29/2002 Product Information Services Pty Ltd 06/24/1999 Shane Chrisp t/as 2000 Pteryx Productions Australia 10/22/2002 Computers and Networks 04/22/2004 Puresoft Australia Pty Ltd 01/31/2000 Share.Net Internet Services 05/18/1999 Purple Lion IT Solutions 03/28/2003 Shopsafe Pty Ltd 05/30/2003 Q Online Internet Services 03/11/2003 Silicon Crafts Pty Ltd 11/18/1997 Qcom Intel Systems (Australia) Pty Ltd 10/29/2003 Simplex ISP 07/09/2002 QLDWIDE.NET.AU 01/19/2000 SIS Group Pty Ltd 03/12/2003 Quicknet Internet Provider Pty Ltd 12/17/1997 SkyNetGlobal Limited 12/10/2001 Quik Internet Australia Pty Ltd 11/13/2003 Smart Apartments Pty Ltd 04/08/2004 Quintessa Holdings Pty Ltd 07/05/1999 SMV & GJ Bambrick 09/01/2003 Qwest Australia Pty Ltd 05/06/2002 Sneaker Net 07/07/2000 R L & R L Roy 10/30/2002 Snowball Internet Pty Ltd 08/20/2002 Rabbit International 02/04/1999 So-net Pty Ltd 08/08/2003 RAJA Computers Pty Ltd 07/17/2003 South Queensland Internet Services 11/29/1999 Ram Network Services Pty Ltd 05/08/1998 South Sydney Junior Rugby League Club Ltd 11/12/2001 Rascal Internet Pty Ltd 10/29/2003 South West Communications RBE Internet Services 11/10/1998 Company Pty Ltd 01/08/2004 RDT Holdings Pty Ltd 07/03/2003 Southern Aurora Web Designs 07/08/2002 Redgum Software & Support Pty Ltd 09/17/2000 Southern Matrix International Pty Ltd 06/17/1999 Regional Broadband Services Pty Ltd 02/11/2004 Southern Star Communications Pty Ltd 07/01/1997 Relax Internet Enterprises Pty Ltd 06/12/1998 Spacelink Communications Pty Ltd 07/25/2002 Renthurst Pty Ltd 09/17/1998 Speedlink Internet Service Providers 05/10/1999 Request Business Solutions Pty Ltd 10/07/2003 Speednet Communications Pty Ltd 07/27/1999 Restless Online Services 09/17/1998 Spencer Gulf Telecasters Ltd 09/20/2002 Retnet Internet Services 05/21/1999 Spiderweb Access 07/14/1998 Reverence Earthlink Internet Services 01/02/2001 Spin Internet Services Pty Ltd 04/20/1998 90
Telecommunications Industry Ombudsman Annual Report 2004 nomto ehooySrie 06/17/1998 InformationTechnology Services XCmuiain t t 11/23/1998 04/23/2003 QueenslandofUniversity CommunicationsLtd TX Pty Limited AustraliaTVMatePty Ltd TurbonetPty Tudogs.net.au 01/09/1998 Ltd TrumpnetPty 07/29/2002 Ltd ConsultingTruePty North TriodeInternet 08/20/2002 Ltd InternetPty TPG Ltd TouristPty Facilities TouchTVLtd Pty TopgunInternetServices TopeLtd HoldingsPty TomassiCom Dot 03/03/2003 Ltd TokyoPty ComputingNetwork Tnet.Com.Au Corp Titania 12/09/1997 Tisgroup Ltd Pty Factory NetThe 10/28/1999 Ltd MurrayPioneerThePty XchangeIncInfoThe I.T.Ltd The Pty Group Ltd FriendlyGiantThePty AustralianTheInternet ArchonTrustThe 10/23/2003 TetraplexLtd Pty TeragenInternationalLtd Pty 03/24/2004 TenexLtd Pty 10/21/1997 Ltd TelstraPty ServicesEnterprise TelstraPondBig TelenetLtd AustraliaPty Tel.PacificLtd Pty Ltd TeksupportPty TechnoAccess 11/12/2003 TechexCommunicationsLimited Pty Ltd TechPty Info Ltd Pty Tech2U Ltd TCSIPty TacticalProviderAccess 06/03/1998 Ltd TaccomPty Ltd Pty Synersys Ltd Pty Computing Sympac Ltd Pty Switch.Com Swishinternet 08/07/2000 Ltd Pty SwiftNet CommunicationsLtd Swiftel Pty Ltd InternetPty Swift City Surfnet AustraliaCity Surf-Net 06/12/1998 Ltd SoftwarePty SunshineBeach Company Pty Ltd Pty Company 05/27/2003 08/27/1998 Ltd Pty Suncove Ltd CorporationPty Sun 11/14/2003 InternetSolutionsSummit TrustGroupStatewideDirect atf tro nepie t t 07/01/1997 Ltd Pty GroupStatewideDirect Ltd Pty Enterprises 04/18/2000 Starwon Ltd Pty InternetServicesSpitfire
06/13/2003 01/15/1998 12/16/1997 04/22/1998 07/01/1997 02/26/2004 02/13/2002 11/04/2002 08/20/1998 03/05/2001 01/16/2004 05/02/2003 12/03/1997 02/17/2004 07/01/1997 04/30/2003 03/20/1998 06/19/1998 07/01/1997 01/06/1998 10/03/1997 05/12/1998 06/16/1999 08/10/1999 09/22/2003 08/24/1998 03/23/1999 05/29/2003 07/14/1998 12/26/2003 05/13/1999 03/14/2000 10/29/1998 11/13/2002 05/13/2002 Telecommunications2004 IndustryOmbudsmanAnnualReport YeaServicesComputing 01/24/2003 Ltd Pty XYZed Ltd Pty InternetServices Xceltek 03/20/2000 WorthIT WorldwideInternet 07/01/2002 World.NetLtd Pty Services Ltd WoodDragonPty WobygongLtd Pty Ltd WinshopInternetPty 01/22/2004 Windspeed InternetTasmaniat/as Ltd Pty etr nentSrie 06/15/1999 Kissme t/as Abel KA & WFJ Ltd WestNetPty 07/14/1998 WesternWebtec WesternInternetServices 03/21/2003 Ltd WestconnectPty WestAustralianNetworks 07/25/2000 WellingtonCommunicationsLtd Pty WebzoneLtd HoldingsPty Ltd WebDBPty Ltd WebdataPty WebcentralLtd Pty Ltd WebProphetsPty Ltd WebAustralisPty WebAce WE.NET.AULtd Pty 01/11/1999 Ltd Pty It WeSolve 06/10/1998 Ltd Pty CBD by WBS 09/02/2003 WaterfrontInternetService WarianneLtd InvestmentsPty Ltd WardPty Enterprises 07/21/1998 Wally’sInternetCafé Wahroonga.com WATelecentre Inc.Exmouth Ltd Pty W3 Ltd Pty Connect W VTayTechnology 11/03/1997 Ltd Pty Vivanet 04/07/2003 Ltd VisiontekPty 05/24/2001 Ltd Pty Virtualcity Ltd Pty Computers Virtual 10/27/2003 CommunitiesLtd Virtual Ltd ConsultingPty Vintek 03/26/1998 VillageNet 02/08/2001 InternetServicesVictory VICNETVictoria’sNetwork: Ltd Pty VianetAIP VerticalTelecomsLtd Pty 08/19/2002 10/29/2003 08/25/2003 VeritelLtd AustraliaPty VeridasCommunicationsLtd Pty 12/04/2003 Limited VelocityInternetPty 04/30/2003 Ltd Pty VectorNetworks iBlue Vaskot/as Stojanovski Ltd Pty v-App TechnologiesURN Ltd Pty idTcnlg t t 02/11/2004 TrustBusinessWilkinson TechnologyLtd Wild Pty SolutionsWicom Internet
09/23/1999 07/21/2000 04/02/2003 09/02/1998 12/18/2002 12/03/2002 04/29/1999 05/13/2003 10/14/2003 07/14/1998 10/10/2002 09/08/1998 10/04/2002 08/25/1999 06/30/2003 10/22/2003 07/01/1997 12/21/1998 03/15/2004 04/28/2004 03/22/2004 05/04/2001 03/20/2000 10/21/2002 04/08/2004 05/25/1999 04/21/1999 09/17/1997 03/22/2004 09/22/2003 12/09/2003 11/14/2003 01/14/2002
91 Your ASP Pty Ltd 05/27/2002 Aurora Energy AAPT Pty Ltd 05/21/2001 ZAYTACT Pty Ltd 11/23/1999 Australian Community Zhong Huan Pty Ltd 09/01/1997 Telecommunications Pty Ltd 03/16/2004 Zion Internet Services 02/10/2003 Australian Specialist Infotech Operations Pty Ltd 08/26/1998 Zip World Pty Ltd 10/26/1998 Australian Technology Partnerships Pty Ltd 02/12/2004 Other Date Joined TIO Benchmark Sales Pty Ltd 11/03/2000 Air Portal Pty Ltd 12/05/2000 Bendigo Community Telco Ltd 09/15/2000 Amcom Pty Ltd 09/10/1998 BlueSky Communications (Aust) Australia-Japan Cable Pty Ltd 01/06/2003 (Australia) Limited 02/02/2001 Bright Telecommunications Pty Ltd 09/17/2003 Boeing Australia Limited 01/24/2001 Broadband Access Pty Ltd 07/24/2000 CaT Networks Ltd 12/09/1999 Bushtel 04/07/2004 Central Exchange Ltd 06/14/2000 Callplus Australia Pty Limited 05/27/2004 Coretel Communications Pty Ltd 09/08/2000 CardCall Pty Ltd 09/18/1997 ETSA Utilities 01/15/2001 Chime Communications Pty Ltd 08/31/2000 Hutchison 3G Australia Pty Ltd 08/20/2002 City Telecom (Australia) Pty Ltd 07/01/1999 Ipera Communications Pty Ltd 03/20/2000 Clean Planet Pty Ltd 02/12/2003 Macquarie Corporate Telecommunications Cnet Communications Group 07/23/2001 Network Carrier Services Pty Ltd 12/22/2000 COMindico Australia Pty Ltd 08/15/2000 Macrocom Pty Ltd 03/30/1998 Commander Australia Ltd 08/21/2003 MCI Worldcom Australia Pty Ltd 06/26/1998 Community Solutions Nextgen Networks Pty Ltd 02/14/2001 Australia Pty Ltd 10/10/2003 ntl Telecommunications Pty Ltd 02/12/2001 Community Telco Australia Ltd 10/22/2003 Office Advisors Pty Ltd 03/11/2004 Comsave 06/01/2004 OMNIconnect Pty Ltd 09/18/1997 Corporate Telecom Pty Ltd 10/24/2001 One.Tel GSM 1800 Pty Ltd 05/18/1999 Datafast Telecommunications Limited 02/17/2000 Opentec Pty Ltd 07/26/2000 Digiplus Pty Ltd 07/03/2002 Optus Vision Pty Ltd 12/08/1997 Duxta Pty Ltd 01/17/2003 Oz Telecom Pty Ltd 04/15/1998 E-Tel Communications Pty Ltd 04/08/2004 Oziplex Pty Ltd 09/27/2002 Ecomtel Pty Ltd 07/13/1999 PowerTel Ltd 07/01/1997 Entertainment Media & Telecoms Quantum Multimedia Corporation Ltd 06/12/2001 Communications Pty Ltd 08/30/2002 ETB Qld Pty Ltd 04/27/2004 Request Broadband Pty Ltd 07/18/2000 First Reach Pty Ltd 05/17/2004 Soul Pattinson Gday.net Pty Ltd 09/12/2003 Telecommunications Pty Ltd 05/05/1999 Global Connect Communications Suretek Pty Ltd 04/08/2004 Pty Ltd 08/23/1999 Tas 21 Pty Ltd 11/26/2001 Global Online Telecoms Telstra Multimedia Pty Ltd 07/16/1997 Australia Pty Ltd 02/09/2000 The Ozitel Network Pty Ltd 10/20/1999 Highway 1 (Australia) Pty Ltd 07/21/1998 Tyco Projects (Australia) Pty Ltd 10/02/2002 HomeLinX Pty Ltd 04/07/2004 Windytide Pty Ltd 09/28/1998 Hypermax Pty Ltd 03/22/1999 Xantic B.V. 02/17/2003 ihug Pty Ltd 11/03/2003 iiNet Ltd 08/25/1998 Telephone and Internet Date In-Tech Telecommunications Pty Ltd 08/28/1998 Interline Networks Pty Ltd 09/18/2003 Joined TIO Service Provider IP Systems Pty Ltd 12/10/2003 AAPT Ltd 07/01/1997 iTEL Community Telco Ltd 11/14/2002 Ace Communications Group Pty Ltd 04/17/2003 IX Services Australia Pty Ltd 07/10/2002 ACTEW Corporation Ltd 05/03/1999 Joytel Pty Ltd 12/30/2002 Airtime Pty Ltd 06/24/2004 Jtec Pty Ltd 04/03/2000 Alpha Network Shop Pty Ltd 05/31/1999 Justified Communications Alpha Telecom (Aust) Pty Ltd 06/03/2004 Group Pty Ltd 05/02/2002 Alpha Telecom Pty Limited 04/14/2003 Kern Internet Pty Ltd 05/18/2004 Alphanet Pty Ltd 10/06/1997 Knowledge By Design Pty Ltd 07/01/1997 Answer Plus Communications Leading Edge Group Limited 08/02/2001 (Aust) Pty Ltd 03/25/2003 Logitel Communications Pty Ltd 03/20/2002 Asian Pacific Telecommunications Pty Ltd 07/13/2000 Managed Solutions Pty Ltd 03/30/2000 92
Telecommunications Industry Ombudsman Annual Report 2004 eciao utai t t 08/25/2003 TeleglobeInternational 09/11/2002 TelcoinaboxLtd AustraliaPty Ltd TelarusPty CommunicationsLtd STI Pty 05/12/2000 Ltd Pty Staticcom 03/05/2004 Ltd TelecomPty ST Ltd Pty Networks Spectrum SnowyMountains Telecommunications 12/10/2003 Ltd Pty SystemsSnoopa 12/04/2003 02/01/2002 Ltd Pty InternetServices Skyways 10/31/2001 TelecommunicationsSirius Ltd Ltd Pty StrategyDigital Servcorp SecureTelLtd Pty 11/06/2003 MarketingSaandsLtd Australia Pty 08/21/2003 Ltd SolutionsPty Business COM RSL Ltd Pty TelephoneProviderService Telephone MessageStick TransACTCapital Ltd ToptwinPty Ltd Pty Group SIV The Australia Pty Ltd AustraliaPty T omnctosPyLd 05/24/1999 CommunicationsBusiness COM RSL 04/19/2004 Ltd CorporationPty Q. PTCCommunicationsLtd Pty 07/01/1997 TelecommunicationsPrimus Ltd Pty 08/14/2000 PowercomLtd PacificPty PolyfoneLtd Pty PeopleTelecomLimited 07/02/2003 01/21/2003 PacificPayphonesLtd Pty Ltd Pty System Satellite Orion One.TelLtd 08/06/2001 CommunicationsNorlink Ltd TelecomNewPty Ltd Pty NetworksSkies New Net2PhoneGlobal 04/26/2004 TelecommunicationsNella Ltd Pty Ltd Pty Cable NC utln utai t t 02/14/2000 02/11/2004 Ltd TelecomMyPty Ltd AustraliaMultelinkPty TelecommunicationsLtd Pty Service Provider Service 05/21/2001 YourService Ltd TelecomPty XL 05/10/2004 WorldchatLtd AustraliaPty 09/19/2002 Ltd WoodyPty Group 05/23/2002 Ltd WidebandPty Networks CommunicationsLtd Vulcan Pty UnwiredLtd AustraliaPty omnctosPyLd 09/22/2000 Ltd Uecomm CommunicationsLtd Pty WrdTlcmuiain t t 06/17/2003 1WorldTelecommunications Ltd Pty LLC 1Cellnet Ltd 1800MumdadPty 09/18/2002 Ltd Pty Reverse 1800 CommunicationsLtd 1410 Pty Ltd Pty 0014
Joined TIO Joined
02/02/2000 06/18/2003 06/06/2003 08/02/2001 08/03/2001 12/13/2000 07/01/1997 01/12/2004 10/15/1999 05/15/2000 09/24/2002 05/04/2000 01/12/2000 02/26/2004 07/01/1997 02/12/2004 02/11/2004 02/05/2002 11/25/2002 08/21/2003 03/10/2004 02/25/2004 01/02/2001 11/01/2000 Date
Telecommunications2004 IndustryOmbudsmanAnnualReport omnctosPyLd 05/06/2004 CommanderExpress CommunicationsLtd Pty UTRUie oiiyPyLd 11/10/2003 CommunicationsAustraliaStar AUSTARLtd Pty MobilityUnited Ltd AtexPty Ltd AustraliaPty AustralianTrueBlue Ltd Pty AT&TServicesNetwork Global Ltd AustraliaPty lblo As)PyLd 06/28/2002 09/29/2003 Ltd Pty (Aust) GlobalCom 01/31/2003 Ltd Pty PhoneCards Global Ltd Pty (Aust)Networks Global Ltd (Australia)Pty hna Asrla t t 06/17/2004 McLarenCorporate Clarkson Ltd (Australia)ChinwagPty Ltd TelecomPty Chi Ltd Pty Cellularvoice Ltd Pty Callsave Ltd AustraliaPty Call Ltd BudgetelPty BuanaLtd AustraliaPty BTLtd AustralasiaPty 09/12/2002 Ltd TelPty Boost Ltd Pty Call Blue 03/28/2002 L.P.,Bloomberg AustraliaBranch 02/11/2004 Ltd BareenaHoldingsPty Ltd Pty B33hive 03/03/2003 Ltd Pty Holdings(Qld) B&K Ltd Digital B TelecomsLtd Axis Pty CommunicationsLtd Pty AustralianCommunicationE Ltd Pty lblCr evcsPyLd 01/08/2003 03/17/2004 TelephoneNetwork Global Ltd Pty ServicesCard Global AsiaLtd PacificGlobal Pty Ltd Pty Surveys Geocon CommunicationsEztel eSTARLtd TelecomPty Ltd Pty Empcom 07/01/1997 TelecommunicationsEclipse Ltd Pty Ltd TelecomPty Eagle 06/29/2004 09/30/2003 Ltd E-TelecomPty InternationalDumellaLtd Pty 12/11/2002 TelecomsDirectLtd Pty Ltd InformediaDigitalPty Ltd Pty House Cyber Ltd TelecomConcertPty TelecommunicationSolutions 04/08/2004PtyLtd nomto evcsPyLd 07/16/1997 AT&TCommunications Services Ltd InformationPty Services AustralianTelecommunications xchangeLtd AstronCommunicationand 11/25/1999 Ltd AstracomPty 10/28/2003 TelecomApproachLtd Australia Pty Ltd SolutionsPty Alphawise Ltd Pty Agile 01/25/2003AdvancedFuture Technology PtyLtd Limited Mobile AAPT
07/01/1997 02/02/2004 02/28/2000 03/18/2002 07/01/1997 04/23/2004 01/04/2002 02/26/2002 11/14/2001 08/26/2003 02/11/2000 01/02/2002 07/30/1997 11/26/2003 03/17/2004 05/24/2004 05/26/1999 07/11/2003 08/21/2003 03/19/2004 05/22/2001 09/25/2003 02/17/2003 07/29/2003 03/15/2001 03/26/2001 10/30/2003 01/15/2003 09/08/1998 07/01/1997
93 Globalstar Australia Pty Limited 04/28/2003 Spatial Broadband Telephony Pty Ltd 07/17/2003 Globe Telecom Pty Ltd 05/19/2003 Spectra Global Communications GOtalk Australia Pty Ltd 01/08/2003 Pty Ltd 11/17/1997 Hutchison Telecoms (Aust) Pty Ltd 07/01/1997 Sprint International Australia Pty Ltd 07/25/2000 KDDI Australia Pty Ltd 02/11/1999 Star Alliance Communications Pty Ltd 03/21/2003 Kooee Telecom Pty Ltd 11/01/2000 Synergy Australia Pty Ltd 07/23/2003 Korpcom Australia Pty Ltd 07/25/2002 T.One Telecommunications Pty Ltd 08/13/1999 LCR Telecom Pty Ltd 01/22/1998 T3 Communications Pty Ltd 04/09/2002 Lifeline Telecommunications Pty Ltd 07/18/2001 TCI Australia Pty Ltd 09/12/2003 Light Technologies Pty Ltd 07/04/2002 Telco In A Box Pty Ltd 01/09/2003 Look Mobile Ltd 02/20/2001 Telcostar Ltd 07/18/2001 M Group of Companies Pty Ltd 02/15/2001 Tele Link Telecommunications Pty Ltd 07/01/1997 M2 Telecommunications Pty Ltd 12/11/2001 Telecorp Limited 01/08/2003 Macquarie Corporate Telemates Pty Limited 03/25/2004 Telecommunications Holdings Ltd 07/01/1997 TeleOne Services Pty Ltd 03/21/2002 Market Maze Communications Pty Ltd 10/15/2003 Telesaver Pty Ltd 09/07/1997 Mavenlink Pty Ltd 04/08/2004 Telstra Corporation 07/01/1997 Maxicomm Communications Pty Ltd 09/23/2003 Teredonn Telecommunications Ltd 11/30/2000 MCI WorldCom International, Inc 07/21/1998 Thales Telematics Pty Ltd 08/19/2002 Message Community Telephone Times Telecom (Australia) Pty Ltd 10/21/2003 Company Pty Ltd 01/28/2004 Tritel Australia Pty Ltd 09/22/1999 Mobicom Communication Services Unidial Prepaid Communications Pty Ltd 04/20/2004 Pty Ltd 11/26/2002 Mobile Innovations Ltd 07/01/1997 United Customer Management Multico Resources Pty Ltd 04/29/2004 Solutions Pty Ltd 07/01/1997 NationTel Pty Ltd 05/29/2003 United Wholesale Communications New Tel Ltd 03/12/1999 Pty Ltd 12/01/2003 New Tel Services Pty Ltd 08/21/2003 Universal One Communication Pty Ltd 12/12/2002 NorthVoice Communications Pty Ltd 07/07/2000 Universal Telecom Australia Pty Ltd 02/19/2001 Omni Plus Pty Limited 12/19/1997 Upgrade Technology Pty Ltd 09/08/2003 Online IT Services Pty Ltd 04/16/2003 Virgin Mobile (Australia) Pty Ltd 09/11/2000 Optus Mobile Pty Ltd 07/01/1997 Vodafone Pacific 07/01/1997 Optus Networks Pty Ltd 07/01/1997 Voicetek Pty Ltd 12/03/2001 Oz Tele Communications Pty Ltd 05/04/2004 VRoam Australia Pty Ltd 12/23/2002 Ozicom Solutions Pty Ltd 11/12/2001 Welcon Electronics 02/11/2004 Pacific Telco Australia Limited 01/22/2001 Western Communication Solutions PayTel Australia Pty Ltd 12/15/2003 Pty Ltd 10/14/1997 Phone Business Pty Ltd 04/15/2004 Widetalk Pty Ltd 02/13/2002 Phone Free 03/15/2004 World Telecom Pty Ltd 07/10/2003 Pivotel Group Pty Limited 03/27/2003 WorldPacific Communications Pracom Limited 12/30/2002 Pty Ltd 01/06/2000 Protel Communications Zintel Communications International Pty Ltd 05/21/2004 (Australia) Pty Ltd 12/05/2003 PSR Group Pty Ltd 07/01/1997 Zoo Telecom Pty Ltd 02/05/2003 Recom Corporate Total 1,043 Communications Pty Ltd 02/05/2001 Redicall Pty Ltd 06/21/1999 River Media Group Pty Ltd 10/29/2002 Saise Telecommunications Pty Ltd 07/19/1999 Shuari Investments Pty Ltd 07/25/2002 SIMplus Mobile Pty Limited 12/07/2001 SITA 07/01/1997 Skytel Pty Ltd 07/09/1998 Solutions International Pty Ltd 01/02/2001 Southern Cross Mobile Pty Ltd 02/20/2001 Southern Cross Telco Pty Ltd 09/25/1997 Southern Phone Company Ltd 01/17/2003 94
Telecommunications Industry Ombudsman Annual Report 2004 Members the to Report Audit Independent Position Financial of Statement Report Directors’ Contents 2004 June 30 ended year the for Report Annual ReportFinancial Statement of Cash Flows Cash of Statement Notes to Financial Statements Financial to Notes Directors’ Declaration Directors’ Performance Financial of Statement
Telecommunications2004 IndustryOmbudsmanAnnualReport Page No.Page 108 109 125 124 107 110 98 ABN 46 057 634 787 634 057 46 ABN
95 Financial Report Financial Report Directors’ Report
Your directors present their report of the Telecommunications Industry Ombudsman Ltd (“TIO”) for the year ended 30 June 2004. The TIO is a company limited by guarantee and incorporated in Australia in 1993 under the Corporations Act. The TIO is established to investigate, resolve, make determinations relating to and give directions relating to complaints by residential and small business consumers of telecommunications services. The principal place of business for the TIO is Level 15/114 William Street, Melbourne, Victoria.
Directors The current composition and membership of the Board up to the date of this report is as follows: Two (2) directors appointed by Telstra: M C Lawrey T C Hill Two (2) directors appointed by Optus: D C McCulloch, with G R Smith as alternate director. M K Davidson One (1) director appointed by Vodafone: J F Rohan (Chairman) One (1) director appointed by members who are other than Telstra, Optus, Vodafone and who are not internet service providers or internet service intermediaries: R Doyle One (1) director appointed by internet service provider or internet service intermediary members: M R Graubner Independent Director: J M Harvey 96
Telecommunications Industry Ombudsman Annual Report 2004 ABN 46 057 634 787 J Harvey J D McCulloch D M Davidson M 2003-2004 2002-2003 2001-2002 2000-2001 1999-2000 1998-99 1997-98 1996-97 1995-96 Year follows: as are previousyears and 2004 June ended30 year thefor resultsThe load.Scheme’s complaintthe with line increasedexpenditurein revenueandhas total TIO’sThe $9,783). (2002-2003, $147,409 of year thefor operatingrecordedsurplus TIOThean Results Operating Rohan J Directorof Name Thenames ofpersons who were directors ofTIO atany time during the financial year are asfollows: (Cont.) Report Directors’ ReportFinancial Income Tax Assessment Act 1997 until 30 June 2009. June Income30 TaxuntilAssessment 1997 Act theof 50-10 Sectionof 2.1 underItemexemptionincome tax grantedfrom an been has TIOThe 2003-2004. ofend the at $870,730 to financialtheofyear start the at $723,321 increasedfromwerefunds members’ surplus, the to Due G Smith Smith G T Hill T M GraubnerM R Doyle R M Lawrey M D Havyatt D R MansonR A BardaA oa eeu TtlEpniue Surplus/(Deficit) TotalExpenditure TotalRevenue $6,571,174 $5,821,007 $5,537,714 $5,201,679 $3,885,195 $3,258,048 $2,394,718 $2,177,575 $1,945,115 Date of Appointment of Date 16 November 2001 November 16 13 December 2003 December 13 13 December 2000 December 13 4 December 2003 December 4 10 October 2001 October 10 30 October 2002 October 30 10 October 2003 October 10 18 January2002 18 01 August 2001 August 01 13 June 2002 June 13 4 March2002 4 7 April 2003 April 7 Telecommunications2004 IndustryOmbudsmanAnnualReport $6,423,765 $5,811,224 $5,224,216 $5,086,519 $3,915,990 $3,292,788 $2,347,817 $2,102,623 $1,967,519 Date of Resignation of Date 23 September 2003 September 23 12 December 2003 December 12 2 September 2003 September 2 Continuing Continuing Continuing Continuing Continuing Continuing Continuing Continuing Continuing $147,409 $313,498 $115,160 $(30,795) $(34,740) $(22,404) $46,901 $74,952 $9,783 ABN 46 057 634 787 634 057 46 ABN
97 Financial Report Directors’ Report (Cont.)
Review of Operations • Growth Plateau Complaint numbers appear to have stabilised after large fluctuations caused by the demise of One. Tel. The consistent rate of growth, which had characterised earlier periods appears to have been arrested, although recently complaint levels have begun to rise again, perhaps indicating a return to the underlying trend of increase. Overall contacts for 1994-95 to 2003-2004 are presented below. Contacts include enquiries and complaints. Year Total Contacts % Increase over previous year 1994-95 17,205 - 1995-96 26,905 56 1996-97 43,715 62 1997-98 52,138 19 1998-99 64,394 24 1999-2000 67,761 5 2000-2001 98,853 45 2001-2002 91,190 -8% 2002-2003 72,771 -20% 2003-2004 75,904 2%
• Debt Recovery Bad debts of $50,327 were written-off during the financial year. The provision for bad debts was increased to $70,708 for specific provisions. Debts were settled with a small number of members.
• Cash Flow The TIO’s bankers, Commonwealth Bank of Australia, have provided the TIO with an overdraft facility of $150,000. This facility has been maintained to alleviate any temporary cash flow shortages associated with the TIO’s quarterly billing cycle. The overdraft was not called on during the year.
• Performance The TIO monitors levels of complainant satisfaction and confidence with the service provided by the TIO. Issues identified through the monitoring process are addressed as they arise by the Ombudsman and his team. Over the course of the year the service level efficiency standard of answering 80% of calls within 60 seconds was regularly and substantively achieved, until the latter part of the year when complaint demand exceeded staffing resource capacity. Average resolution times were 61 days for Level 2 complaints (target 48 days), 84 days for Level 3 complaints (target 62 days) and 146 days for Level 4 complaints (target 90 days).
• Industry Development During 2003-2004 the TIO continued to work collaboratively with industry and the community to
98 identify, prevent and/or address systemic problems. The TIO also actively participated in industry forums to assist in achieving this objective, and continued to contribute to the development of Consumer Codes of Practice.
Telecommunications Industry Ombudsman Annual Report 2004 ABN 46 057 634 787 The total number of members increased from 910 at 30 June 2003 to 1043 at 30 June 2004. June 30 at 1043 to 2003 June 30 at 910 increasedfrommembersof number total The As at 30 June 2004, the TIO employed 65 staff, with 15 of these being part-time employees.part-time being these of 15 with staff, 65 employed TIOthe 2004, June 30 at As Staffing • 1999 Act Standard) Services therequirementsThese incorporatedin noware provider.carriageserviceeligible an as qualifiesabove referredto servicesthe of intermediary carriageservicearranges whichsupply A the Internet.the access to users endenables whichcarriage service a • telecommunicationsmobilepublic or service; a • residentialarebusinesscustomers smallstandardthe of where telephonesomeor a service • Scheme.thesupply: ofproviderswhich carriageservicethose Eligible are MemorandumConstitutionandtheAssociation of with Articles and comply and TIO the of members The Membership • 2003. July 1 from effective $275, to $165 fromReviews ofand $27.50 to $22 fromEnquiries and complaints 1 introducedLevel BoardincreasesforThe fee IncreasesFee • 2004. late reviewedin be will reservethe of requiredlevel The $585,451. was 2004 June 30 at reservethe of level total cycle.monthlyThebillingthree shortagesthe inherent in flow cash frominsulated and debts increasingbad ofvolumean from protected is TIOensurethe to during2003-2004 accumulatefinancial thecontinued to reserve ensuredthat Board The reservefinancial a of Establishment • Telstra.Bardaof Gus and Impaq Mansonof Robert AAPT,ofHavyatt David were Board the Departing Edge Internet.Leading GraubnerfromMark and TelecomConcertfrom Telstra, fromDoyle Lawrey Michael Rohan ranks its to welcomedBoard The jurisdiction.ofarea the Constitution, largelyin the changesto ofnumber progresseda and build financialthecontinuedto reserve ensuredthat year.throughouttheTIOthe maintaining concentratedof Itfinancial Boardthe Theon stability Governance• targeteddemographics.as BackgroundNon-EnglishSpeakingyouth and identifiedparticularlySchemeandthe a consumers of maintainto general to access workedTIO The Communications • (Cont.) OperationsReviewof (Cont.) Report Directors’ ReportFinancial required all carriers and eligible carriage service providers to be providerscarriageserviceeligibleto and carriers requiredall Telecommunications1997 Act customers; or customers; . Telecommunications (Consumer Protection and Protection Telecommunications(Consumer Telecommunications2004 IndustryOmbudsmanAnnualReport ABN 46 057 634 787 634 057 46 ABN
99 Financial Report Directors’ Report (Cont.)
Review of Operations (Cont.)
Principal Activities During the year, the principal continuing activity of the TIO was the investigation and resolution of complaints from small businesses and residential consumers. There were no significant changes in the nature of the activities during the year.
Dividends Under the terms of its Memorandum and Articles of Association, the TIO is not permitted to pay dividends to members.
Significant Changes in the State of Affairs There have been no significant changes in the state of affairs of the company in the year ended 30 June 2004.
Matters Subsequent to the End of the Financial Year • Fee Increases The TIO Board has approved increases in the fees for Level 4 Land Access complaints from $1320 to $2640 and for Reviews from $275 to $495, effective from 1 July 2004. The following funding principles (adopted on 1 July 1999) will continue to apply: a) no provider is charged a fee (including overhead and any special levy) for the first four (4) Level 1 complaints received in any given quarter; and b) providers will not be individually charged for information-giving exercises (including queries about whether a particular provider is a member of the TIO), or for anonymous complaints. These matters will instead be logged as non-allocated enquiries. Except for the matters noted above, at the date of this report no matter or circumstance has arisen since 30 June 2004 that has significantly affected or may significantly affect: a) the operations of the TIO in future financial years: or b) the results of those operations in future financial years: or c) the state of affairs of TIO in future financial years.
Likely Developments and Expected Results of Operations The TIO has budgeted for a modest increase in complaint numbers in 2004-2005.
Environmental Regulations Apart from statutory provisions of general applicability, the TIO is not subject to any specific environmental regulation. 100
Telecommunications Industry Ombudsman Annual Report 2004 ABN 46 057 634 787 Information on Directorson Information (Cont.) Report Directors’ ReportFinancial D C McCulloch, C D B Econ / Politics(Hons)/ Econ B R Doyle R Graubner R M LawreyC M Harvey,M J Smith, R G Davidson K M J F Rohan, F J Director BCom, MBA, ICAA, AICDICAA,MBA, BCom, T C Hill, C T FIEAust AICD Eng,Mech B Grad Dip IE, MBA, IE, Dip Grad B Juris, LLB, LLM LLB, Juris, B
state government.state AustraliaVictorianoftheand Bank Reserve AUSTEL,the with formerly worked has He Operations,ManagerRegulatory Optus. Chief Executive Officer,ExecutiveChief GeneralManager, Services,Telstra.Networkof Head Optus. centreswith Contact formerlyNational Manager, ServiceCustomer was andservice customerbackground in a has MultimediaMarkOptus. Division, Service,CustomerDirectorConsumer & Corporation, Royal Flying Doctor Service.Doctor Flying Corporation,Royal FinanceClub,Rural Lyceum TheNetwork, include:DirectorshipsBayside Health Concert Telecom Pty Ltd TelecomConcertPty Experience ofthe TIO Council. Chairmanofthe TIO Board andmember asa Products.John haspreviously served as andGeneral Manager ofComalco Building ProductGroup, Australia and New Zealand ExecutiveofMcConnell Dowell’s Building BuildingServices and Technologies, Chief ExecutiveGeneral Manager ofJames Hardie NetworkPtyLtd. Previous positions include VodafoneNew Zealand Ltdand Vodafone Pacific,MDofVodafone Australia PtyLtd, Johnhasbeen Executive Director, Vodafone managementroles.policyand ofvariety Telstra fora worked in has Telstra.Division, Regulatory Trevor Manager,Group Compliance,Consumer& Leading Edge Internet Pty Ltd EdgeInternetLeadingPty CommercialTelevision Stations. FederationBroadcastthePolicyof with offormerlyDirector was DavidOptus. GeneralManager, GovernmentAffairs,
Telecommunications2004 IndustryOmbudsmanAnnualReport
1 August 2001 August 1 Chairman fromChairman Director fromDirector Director fromDirector Director fromDirector Responsibilities Special Alternate DirectorAlternate Director fromDirector fromDirector 13 December 2003 December 13 2003 December 4 2003 October 10 2003 April 7 2002 October 30 January2002 18 2001 October 10 Director fromDirector from 4 March2002 4 from McCulloch D for Director fromDirector
ABN 46 057 634 787 634 057 46 ABN
101 Financial Report Directors’ Report (Cont.)
Information on Directors (Cont.)
Director Experience Special Responsibilities D S Havyatt, Director, Regulatory, AAPT. David has Director from BSc, MA, FAICD held previous management positions 13 December 2000 to with Telstra and Hutchison Telecoms. 12 December 2003 David is also a member of the Boards of ACIF and the Australian Mobile Telecommunications Association. A Barda, Group General Manager, Commercial Director from BSc (Mathematics), MBA Operations, Service Division, Telstra. 16 November 2001 to Gus joined Telstra in 1976. He has held 2 September 2003 management responsibilities across a number of disciplines. R G Manson, Chief Executive Officer, Impaq Director from BA (Hons), ICAA, ICAEW, AICD Australia. Robert was formerly the 13 June 2002 to Managing Director of The Greater Union 23 September 2003 Organisation. 102
Telecommunications Industry Ombudsman Annual Report 2004 ABN 46 057 634 787 b) a company a that the TIO controlled, bodyora corporate that wasrelated tothe company, when b) TIO, the or a) with: time)other any at or 2004 June ended30 madeyear (during the substantialfinanciala interest, has has directorthe which in company a or member a is director thewhich director,of the firm contractthat a a of because benefitreceive, a to entitledbecome has received,or has companythe of director no 2004, June 30 above,sincenoted that forExcept independentdirector. the as term herforJane Harvey to paidwere $32,427 year,ofthe During fees director’s Directors’Benefits Rohan F J by: attended meetings of Number 5 meetingsheld:ofNumber were:director each meetingsattendedofby number the and 2004, June ended30 year during thehelddirectors) (excludingofdirectorscompany’s thecommittees meetings meetingsofofof numbers The Directorsof Meetings (Cont.) Report Directors’ ReportFinancial D Havyatt D D C McCulloch C D A BardaA M K Davidson K M M C Lawrey C M M GraubnerM T C Hill C T G R Smith (As Alternate for D McCulloch) D forAlternate (As Smith R G R Doyle R R. MansonR. J M Harvey M J thecontract wasmade orwhen the director received, orbecame entitled toreceive, the benefit. Number Eligible to Attend to Eligible Number Telecommunications2004 IndustryOmbudsmanAnnualReport 5 2 5 1 5 4 4 5 0 3 1 5
Number Attended Number 5 2 5 1 4 4 4 4 0 3 0 4 ABN 46 057 634 787 634 057 46 ABN
103 Financial Report Directors’ Report (Cont.)
Insurance of Officers During the financial year, the TIO paid a premium of $10,527 to insure certain officers of the company. The officers of the company covered by the insurance policy included all directors as listed in this report, Council members, the Ombudsman J E Pinnock and the Secretary P J Carruthers. The liabilities insured include costs and expenses that may be incurred in defending civil or criminal proceedings that may be brought against the officers in their capacity as officers of the company.
Auditors RSM Bird Cameron Partners remain the TIO auditors. This report is made in accordance with a resolution of the directors.
J F Rohan J M Harvey Director Director
Sydney 9 September 2004
104
Telecommunications Industry Ombudsman Annual Report 2004 ABN 46 057 634 787 Rent expenseRent Marketingexpenses Telephone costs Borrowingcosts Depreciationamortisationexpensesand fees Legal Totalrevenueactivities ordinaryfrom Surplus for the year the for Surplus ordinaryexpensesactivitiesfromOther expensesComputer The above Statement of Financial Performance should be read in conjunction with the accompanyingnotes.the with conjunction in FinancialPerformancereadofaboveStatement The be should expensebenefits Employee activities ordinaryfrom Expenses operatingactivitiesfromRevenue 2004 June 30 ended year the For Performance Financial of Statement ReportFinancial
oa xessfo riayatvte activities Totalordinaryfrom expenses Revenue from ordinary activities ordinaryRevenuefrom
oe 20 2003 2004 Notes
Telecommunications2004 IndustryOmbudsmanAnnualReport
3 9 2
147,409 6,423,765
4,457,201 6,571,174 6,571,174 253,230 232,565 533,485 466,622 298,501 93,954 88,207 $ - 282,029 217,743 4,583 176,671 18,035 4,087,759 5,821,007 5,821,007 9,783 5,811,224 321,160 214,767 488,477 $
ABN 46 057 634 787 634 057 46 ABN
105 Financial Report Statement of Financial Position As at 30 June 2004
Notes 2004 2003 $ $
Current Assets Cash Assets 4 1,342,759 1,349,070 Receivables 5 191,597 34,718 Prepayments 84,583 102,700 Total Current Assets 1,618,939 1,486,488
Non – Current Assets Property, Plant and Equipment 6 61,248 127,228 Total Non – Current Assets 61,248 127,228
Total Assets 1,680,187 1,613,716
Current Liabilities Payables 7 544,336 688,581 Lease Liabilities 8,12 - 13,750 Provisions – Annual Leave 185,322 146,025 Total Current Liabilities 729,658 848,356
Non – Current Liabilities Provisions – Long Service Leave 79,799 42,039 Total Non – Current Liabilities 79,799 42,039
Total Liabilities 809,457 890,395
Net Assets 870,730 723,321
Members’ Funds Accumulated Surplus 9 870,730 723,321
Total Members’ Funds 870,730 723,321
The above Statement of Financial Position should be read in conjunction with the accompanying notes. 106
Telecommunications Industry Ombudsman Annual Report 2004 ABN 46 057 634 787 rcesfo aeo ln n qimn equipmentandplant of sale fromProceeds activities operatingfrom inflow cash Net Interestreceived Borrowingcosts GST) of(inclusive employees Paymentsandsuppliers to YearFinancial the of End the at Cash financialtheofyear beginning the at Cash Held Cash in (Decrease)Increase Net activities financing from(outflow) cash Net The above Statement of Cash Flows should be read in conjunction with the accompanyingnotes.the with conjunction in read be Flowsshould Cash ofaboveStatementThe liabilitieslease Repayment of Activities Financing Flowsfrom Cash Paymentsequipmentandplant for ActivitiesInvestingFlowsfrom Cash GST) of(inclusive members from Receipts 2004 June 30 ended year the For Flows Cash of Statement ReportFinancial
activities investingfrom (outflow) cash Net Cash Flows from Operating ActivitiesOperatingFlowsfrom Cash
2003 2004 Notes
Telecommunications2004 IndustryOmbudsmanAnnualReport 14 4
1,342,759 (30,725)
(6,500,576) 6,473,825 1,349,070 (31,225) (26,751) (13,750) (13,750) 38,164 64,915 (6,311) 500 $ (4,583) - 229,036 53,178 5,770,145 1,349,070 1,181,326 (6,292) 175,858 (5,589,704) 167,744 (55,000) (55,000) (6,292) $ -
ABN 46 057 634 787 634 057 46 ABN
107 Financial Report Notes to the Financial Statements 30 June 2004
NOTE 1 Summary of Significant Accounting Policies This general purpose financial report has been prepared in accordance with Accounting Standards, other authoritative pronouncements of the Australian Accounting Standards Board, Urgent Issues Group Consensus Views and the Corporations Act 2001. It is prepared in accordance with the historical cost convention. Unless otherwise stated, the accounting policies adopted are consistent with those of the previous year.
(a) Income Tax The company is exempt from income tax under Item 2.1 of Section 50-10 of the Income Tax Assessment Act 1997. As part of the introduction of the new tax system, the TIO was required to reapply for income tax exemption status. The TIO has been notified of a further tax exempt status up to 30 June 2009 by the ATO.
(b) Acquisitions of Assets The cost method of accounting is used for all acquisitions of assets. Cost is determined as the fair value of the assets given up at the date of acquisition plus costs incidental to the acquisition.
(c) Revenue Recognition Volume and overhead billing fees are charged to members for complaint resolution services. Invoices are raised at the commencement of each quarter on an estimate basis. Revenue is raised monthly based on the level of complaints received.
(d) Receivables Amounts due from members are recognised as the amounts receivable. Collectibility is reviewed on an ongoing basis. Debts which are known to be uncollectible are written off. A provision for doubtful debts is raised where some doubt as to collection exists.
(e) Depreciation of Property, Plant and Equipment Depreciation is calculated on a straight line basis to write off the net cost of each item of property, plant and equipment over its expected useful life to the company. Estimates of remaining useful lives are made on a regular basis for all assets, with annual reassessments for major items. The expected useful lives are as follows: Furniture and fittings 5-10 years; Plant and equipment 3-5 years. 108
Telecommunications Industry Ombudsman Annual Report 2004 ABN 46 057 634 787 Maintenance and repair costs are charged as expenses as incurred.expensesas chargedas are Maintenance costs repairand Repairs and Maintenance (j) numbers case estimatedof result a representas membersowingfunds to Amountsdue Members to Due Amounts (i) priorcompany theprovided amountsservices represent Theseandto goods liabilities for CreditorsOther Tradeand (h) financialstatementofthetheperformance charged paymentsto in are operating lease Other interestratetheapplying by interest(calculated between allocated paymentsare Lease is whereit lease,or the of term the over straightbasis linea on amortised is asset lease The presentvalue the at establishedare liability and asset lease A capitalised.are Financeleases to lessor thetransferfrom effectively which financeleases madebetween distinctionis A AssetsNon-Current Leased (g) unexpiredthe over amortised propertiesis leasehold on or improvementsofto cost The Improvements Leasehold (f) Policies(Cont.) Accounting Significant of 1 Summary NOTE (Cont.) 2004 June 30 Statements Financial the to Notes ReportFinancial to members.to reportingresultingperiod.adjustmenttheTherepresentsof quarter amounts owed final the recordednumbersduring case actual than greaterbeingprevious quarterthe determined in recognition.ofdays 30 within paidusually areunsecuredamountsandunpaid.are Theare which and financial the ofyear end the to assets. leased the fromderived benefits of represents pattern thethis incurred, are theyas which in periods reductionliability.theof rentalexpenseliability),andoutstandingtheamount theof to lease the in implicit asset. theof life the asset, theof ownership obtain will companythe that likely interestexpense.theand liability lease theof componentprincipalthe between allocated paymentspayments.are Lease lease minimumof benefits.and risks suchretains substantiallyall effectively lessor theunderwhich operating leases and assets, non-currentleased incidentofbenefitsownership and to risks the substantiallyall lessee the shorter.the whicheveris company,theimprovementthe ofto life useful estimatedthe or lease theof period Telecommunications2004 IndustryOmbudsmanAnnualReport
ABN 46 057 634 787 634 057 46 ABN
109 Financial Report Notes to the Financial Statements 30 June 2004 (Cont.)
NOTE 1 Summary of Significant Accounting Policies (Cont.)
(k) Employee Benefits (i) Wages and Salaries and Annual Leave Provision is made for wages and salaries and annual leave estimated at the amounts expected to be paid when the liabilities are settled. Consideration is given to expected future wage and salary levels. Expected future payments are discounted using market yields at the reporting date on national government bonds with terms to maturity and currency that match, as closely as possible, the expected future cash flows. (ii) Long Service Leave A liability for long service leave is recognised, and is measured as the present value of expected future payments to be made in respect of services provided by employees up to the reporting date. Consideration is given to expected future wage and salary levels, experience of employee departures and periods of service. Expected future payments are discounted using interest rates on national government guaranteed securities with terms to maturity that match, as closely as possible, the estimated future cash outflows.
(l) Borrowing Costs Borrowing costs are recognised as expenses in the period in which they are incurred, and include finance lease charges.
(m) Cash For the purpose of the statement of cash flows, cash includes deposits on call which are readily convertible to cash on hand and are subject to an insignificant risk of changes in value, net of any outstanding bank overdrafts. 110
Telecommunications Industry Ombudsman Annual Report 2004 ABN 46 057 634 787 oa eeu rmOdnr ciiis TotalActivitiesOrdinaryRevenue from Rental related to operatingleases to relatedRental provisionsOther Amortisation rft(os nsl rwieofo ln n qimn Borrowingcosts Expenses equipment andplant of write-off or sale on Profit(loss) Gains includesoperatingactivitiesfollowingfromthe surplus The ActivitiesOperating3 fromNOTE Surplus ActivitiesOperating Outside RevenueFrom ActivitiesOrdinaryRevenuefrom 2 NOTE (Cont.) 2004 June 30 Statements Financial the to Notes ReportFinancial net gains and expenses:andgains net
Revenue From Operating ActivitiesOperatingRevenueFrom Other charges against assets chargesagainstOther Depreciation Plant and equipmentandPlant rcesfo aeo rpry ln n qimn property,of equipmentsale andfromplantProceeds fees Volumebillingoverhead and Interest Interest Lease paymentsLease entitlementsEmployee improvementsLeaseholdunder financelease iac hre nfnnelae financeleases Financechargeson a n obfldbs-taedbos tradedebtors - debtsdoubtful and Bad Furniture and fittingsand Furniture
Telecommunications2004 IndustryOmbudsmanAnnualReport
590,136 04 2003 2004 2003 2004
6,571,174 6,505,759 64,915 77,057 50,327 93,954 18,742 75,212 (2,750) 500 $ $ 119,071 119,071 - - 4,583 - 5,821,007 53,178 5,767,829 406,797 36,985 57,818 57,599 35,433 22,166
$ $ - -
ABN 46 057 634 787 634 057 46 ABN
111 Financial Report Notes to the Financial Statements 30 June 2004 (Cont.)
NOTE 4 Cash Assets 2004 2003 $ $
Cash at bank and on hand 188,144 23,791 Deposits at call 1,154,615 1,325,279 1,342,759 1,349,070 Deposits at Call The deposits are bearing floating interest rates between 4.20% and 4.60% (2003 4.05% and 4.20%). Deposits at call includes a cash reserve of $585,451.
NOTE 5 Receivables 2004 2003 $ $
Amounts due from members 107,943 53,570 Less: Provision for doubtful debts (70,708) (48,270) Other Receivables 148,164 24,918 Interest Receivable 6,198 4,500 191,597 34,718 112
Telecommunications Industry Ombudsman Annual Report 2004 ABN 46 057 634 787 at the beginning and end of the current financial year are set out below: out set currentarefinancialthe of year end and beginning the at eshl mrvmnsudrfnnelae–a ot cost at improvements– Leaseholdunder financelease AccumulateddepreciationLess: Totalequipmentandplant AccumulateddepreciationLess: Totalfittingsand Furniture AccumulatedamortisationLess: arigaon t1Jl 03 326 49,282 23,246 Acquisitions 2003 July 1 amountat Carrying property,of equipmentclass andplant Reconciliationseach amounts ofcarrying the of Reconciliations cost at - fittingsand Furniture fittings and Furniture cost at equipment- andPlant 6 Property,Equipment NOTE and Plant (Cont.) 2004 June 30 Statements Financial the to Notes ReportFinancial
e okaon fdsoas (3,250) disposals amountof book Net Transfers Plant and equipment and Plant Depreciation/amortisation Carrying amount at 30 June 2004 28,840 32,408 28,840 2004 June 30 amountat Carrying Equipment & fittings improvements fittings & Equipment 1,4) (75,212) (18,742) ln untr Laeod Total Leasehold Furniture & Plant 756 3,638 27,586 $
470 5,0) - (54,700) 54,700
Telecommunications2004 IndustryOmbudsmanAnnualReport
$ - 32,408
2003 2004
under finance under (701,491) (163,650) 733,899 192,490 28,840 28,840 61,248 32,408 470 127,228 54,700 lease $ - - - 49,282 134,910 23,246 23,246 266,256 127,228 103,982 54,700 (540,651) 595,351 (85,628) (243,010) $ $ 31,224 - (3,250) - 61,248 (93,954) - -
$
ABN 46 057 634 787 634 057 46 ABN
113 Financial Report Notes to the Financial Statements 30 June 2004 (Cont.)
NOTE 7 Current Liabilities - Payables 2004 2003 $ $
Amounts due to members 63,086 216,457 Trade creditors 96,329 188,568 Other creditors 384,921 283,556 544,336 688,581 Financing Arrangements The company has an overdraft facility of $150,000 which may be drawn at any time and terminated by the bank without notice. This facility is unused at balance date. The interest rate is 11.3%. The overdraft facility is secured by a charge over the assets of the company.
NOTE 8 Financial Instruments
(a) Credit Risk Exposures The credit risk on financial assets of the company which has been recognised on the statement of financial position, is generally the carrying amount, net of any provisions for doubtful debts.
(b) Interest Rate Risk Exposures Exposures arise predominantly from assets and liabilities bearing variable interest rates as the company intends to hold fixed rate assets and liabilities to maturity. 114
Telecommunications Industry Ombudsman Annual Report 2004 ABN 46 057 634 787 e iaca ses(iblte) ,4,7 (370 - 6383 681,457 (653,863) - (13,750) 1,349,070 8,12 (liabilities)financialNetassets Averageinterestrate liabilitiesFinancelease Payables liabilities Financial 990,020 Averageinterestrate (352,739) Receivables - assets Cash assets Financial - 2003 1,342,759 (liabilities)financialNetassets Averageinterestrate Payables liabilities Financial Averageinterestrate Receivables assets Cash assets Financial 2004 (Cont.) 2004 June 30 Statements Financial the to Notes ReportFinancial
oe Fotn 1ya vr o- Total Non- over year 1 Floating Notes Total Non- over year 1 Floating Notes 13900 - - 7 1,349,070 5 4 - - 7 1,342,759 5 4 ,4,7 - 3,1 1,383,788 34,718 - - - - 3.55% 1,349,070 1,534,356 - 191,597 - - - 3.55% 1,342,759 interest 5 to 1 less or interest neet o es o5 interest 5 to 1 less or interest ae yas bearing years rate ae yas bearing years rate Fixed interest maturing in: maturing interestFixed in: maturing interestFixed $ $ $ $ $ $ $ $ 1,5 - 8,8 702,331 688,581 688,581 688,581 - - 34,718 - - 34,718 7.75% 13,750 - - - 13,750 - - - - - 544,336 544,336 544,336 - 544,336 - - 191,597 - 191,597 ------
Telecommunications2004 IndustryOmbudsmanAnnualReport
$ $ $ $ 13,750 - 1,349,070 - 1,342,759 -
ABN 46 057 634 787 634 057 46 ABN
115 Financial Report Notes to the Financial Statements 30 June 2004 (Cont.)
NOTE 8 Financial Instruments (Cont.)
(b) Interest Rate Risk Exposures (Cont.)
Reconciliation of Net Financial Assets to Net Assets Notes 2004 2003 $ $
Net financial assets as above 990,020 681,457 Non financial assets and liabilities Property, plant and equipment 6 61,248 127,228 Prepayments 84,583 102,700 Provisions (265,121) (188,064) Net assets per statement of financial position 870,730 723,321
The carrying amounts and net fair values of financial assets and liabilities at balance date are: 2004 2003 Carrying Net Fair Carrying Net Fair amount Value amount Value $ $ $ $
Recognised financial instruments Financial assets Cash Assets 188,144 188,144 23,791 23,791 Deposits 1,154,615 1,154,615 1,325,279 1,325,279 Receivables 262,305 262,305 82,988 82,988 1,605,064 1,605,064 1,432,058 1,432,058
Financial liabilities Payables 544,336 544,336 688,581 688,581 Lease liabilities - - 13,750 13,750 Non-traded financial liabilities 544,336 544,336 702,331 702,331
None of the classes of financial assets and liabilities are readily traded on organised markets in standardised form. Net fair value is exclusive of costs which would be incurred on realisation of an asset, and inclusive of costs which would be incurred on settlement of a liability. 116
Telecommunications Industry Ombudsman Annual Report 2004 ABN 46 057 634 787 The numbers of directors whose total income from the company or related parties was within was partiesrelated or companytheincome from total whosedirectors of numbers The company.theof in the company in connection with the managementthe connectionaffairswith the ofin company the in financialtheofyear end the at AccumulatedSurplus year thefor Surplus Remuneration servicesother for eueainfradto h iaca eot ftecmay companyfinancialtheRemuneration theof ofreports audit for AuditorsofRemuneration 11 NOTE $0 directorsmade available,otherwiseto payable, or or Income paid DirectorsofRemuneration 10 NOTE financialtheofyear beginning the at AccumulatedSurplus Surplus 9 AccumulatedNOTE (Cont.) 2004 June 30 Statements Financial the to Notes ReportFinancial the specified bands are as follows: as arebands specified the
$30,000 $20,000 $1 $39,999 $29,999 $19,999 - - -
Telecommunications2004 IndustryOmbudsmanAnnualReport
723,321
04 2003 2004 2003 2004 Entity Directorsof 2003 2004
04 2003 2004
870,730 147,409 32,427 20,500 2,700 11 $ $ $ 1 0 0 16,213 723,321 9,783 713,538 18,190
$ $ $ 0 0 2 9
-
ABN 46 057 634 787 634 057 46 ABN
117 Financial Report Notes to the Financial Statements 30 June 2004 (Cont.)
NOTE 12 Commitments for Expenditure 2004 2003 $ $
Lease Commitments: Representing: Non-cancellable operating leases 2,876,459 679,096
Operating Leases Commitments for minimum lease payments in relation to non-cancellable operating leases are payable as follows: Not later than one year 694,543 427,564 Later than one year but not later than 5 years 1,940,785 251,532 Later than 5 years 241,131 Commitments not recognised in the financial statements 2,876,459 679,096
Finance Leases Commitments in relation to finance leases are payable as follows: Not later than one year - 13,933 Later than one year but not later than 5 years - - Minimum lease payments - 13,933 Less: Future finance charges - (183) Total lease liabilities - 13,750
Representing lease liabilities: Current - 13,750 Non-current - - - 13,750
118
Telecommunications Industry Ombudsman Annual Report 2004 ABN 46 057 634 787 J Harvey J D McCulloch D M Davidson M commercialconditions.andterms normalon based entitieswererelateddirector transactionsand directors above thewith of All Ltd.EdgeInternetLeadingPty for handlingfees complaintof respect in year duringthe $3,164 invoicedTIO Ltd. currentEdge director,InternetOneLeadingPty of Graubner, employee M an is Ltd.TelecomConcertforPty handlingfees complaintof respect in year the during$995 invoicedTIO Ltd.Telecom Concert ofPty employee currentdirector,Onean Doyle,is R telecommunicationsprovisionofthereportingfor duringperiod. the services $27,961 forTIO the invoicedentities. related andAAPT Ltd AAPT for handlingfees complaintof respect in year duringthe $364,195 invoicedTIO Ltd. AAPT of employee an formerdirector,Oneis Havyatt, D reportingduringperiod.theservices telecommunicationsprovisionofthefor $4,590 for TIO theentities entities.invoiced related Optus and Ltd Pty Networks Optus for $1,386,573 invoicedTIO Ltd. Pty Networks Optus of employees director,arealternate one Smith, and Davidson G M and McCulloch Twocurrent directors,D telecommunicationsprovisionofthereportingfor duringperiod. the services $217,299 for TIO the Telstrafor handlingTelstrafees Corporationand Pond Bigrespectively. Telstra Corporationinvoiced complaintof respect in year duringthe $485,441 andTelstra $2,939,668 invoicedCorporation.TIO of employees are Hill T andLawrey formercurrent director,directors,OneM two Barda and A telecommunicationsreportingduringperiod.theservices Vodafonerelated provisionofentities.thefor Vodafone $3,286 forTIO theentities invoiced otherVodafoneand for Ltd handlingfees complaintofPty respect in year duringthe $124,897 Vodafonenominatedby invoiceddirectorcurrentTIOTIO Ltd. Pacific a Pty is Rohan J entities relateddirector directorsand Transactionswith Rohan J Directorof Name financialduringthetimeyear any at TIOof directors were who personsnames ofThe Directors PartiesRelated 13 NOTE (Cont.) 2004 June 30 Statements Financial the to Notes ReportFinancial are as follows: as are G Smith Smith G T Hill T M GraubnerM R Doyle R M Lawrey M D Havyatt D R MansonR A BardaA Date of Appointment of Date 16 November 2001 November 16 13 December 2003 December 13 13 December 2000 December 13 4 December 2003 December 4 10 October 2001 October 10 30 October 2002 October 30 10 October 2003 October 10 18 January2002 18 01 August 2001 August 01 13 June 2002 June 13 4 March2002 4 7 April 2003 April 7 Telecommunications2004 IndustryOmbudsmanAnnualReport
Date of Resignation of Date 23 September 2003 September 23 12 December 2003 December 12 2 September 2003 September 2
Continuing Continuing Continuing Continuing Continuing Continuing Continuing Continuing Continuing ABN 46 057 634 787 634 057 46 ABN
119 Financial Report Notes to the Financial Statements 30 June 2004 (Cont.)
NOTE 14 Reconciliation of Surplus from Ordinary Activities after Income Tax to Net Cash Inflow from Operating Activities 2004 2003 $ $
Surplus from ordinary activities after income tax 147,409 9,783 Depreciation and amortisation 93,954 176,671 Loss/(gain) on disposal of fixed assets 2,750 0 Changes in operating assets and liabilities: Decrease (increase) in receivables (31,935) 2,316 Decrease (increase) in other operating assets (106,827) (73,595) Increase (decrease) in payables (144,244) 76,876 Increase in other provisions 77,057 36,985 Net cash inflow from operating activities 38,164 229,036
NOTE 15 Events Subsequent to Balance Sheet Date International Financial Reporting Standards As from 1 July 2005, the Australian Accounting Standards that apply to the preparation of this financial report will cease and the financial reporting requirements of the Australian equivalents to International Financial Reporting Standards (IFRS’s) will become operative. TIO will apply these new Standards when preparing its financial report for 30 June 2006. That report will also include IFRS based comparative information for the financial year ended 30 June 2005. The development of this comparative information requires the establishment of opening balances for the financial year commencing 1 July 2004 based on the new IFRS equivalent Australian Accounting Standards. The AASB released the AASB equivalents of the IFRS standards on 22 July 2004. TIO has established a project team, reporting to the Company Secretary that has been reviewing the new Accounting Standards and Abstracts of the Australian Accounting Standards Board that apply for IFRS purposes as from 1 July 2004. The project team will provide regular updates to the Board of Directors. The project team has two roles: • Impact Assessment - conduct a broad review of all Standards to identify key areas of change to current accounting policies, systems, and disclosures; and • Implementation – perform a detailed review of key Standards to identify divergence from current practice, alternate treatment options, quantification of impacts of alternate policies, recommendations for policy changes, identification and implementation of system changes, and preparation of opening balance sheet. 120
Telecommunications Industry Ombudsman Annual Report 2004 ABN 46 057 634 787 Pronouncements Accounting1 StandardAASB FinancialrequiredunderbalancesInstruments:Measurement.determinationopeningand thethe Recognition of in 2004 July 1 from apply policieswill accountingchangesto and IntangibleAssets;All continue throughout2004-05. potentialassessmentchangesofwill The Provisions,Contingent ContingentLiabilitiesand Assets; 139 AASB Assets; Impairmentof 138 AASB FinancialInstruments:Presentation Disclosure;and 137 AASB Property,Equipment;andPlant 136 AASB InternationalAdoption First-timeAustralianofto EquivalentsFinancial 132 AASB 116 AASB 1 AASB disclosures: or polices,systems its significantly alter to TIO requiretogetherfollowingmayStandardstakentheprogresswhen for which in still assessmentsare identified.Tobeen currentdate,accountingpoliciesmaterialhave However,changesnoto (Cont.) Standards Reporting Financial International (Cont.) Date Sheet Balance to Subsequent Events 15 NOTE (Cont.) 2004 June 30 Statements Financial the to Notes ReportFinancial . Reporting Standards;Reporting First-time Adoption of Australian International Financial Reporting Financial International Australianof Adoption First-time Telecommunications2004 IndustryOmbudsmanAnnualReport
ABN 46 057 634 787 634 057 46 ABN
121 Financial Report Notes to the Financial Statements 30 June 2004 (Cont.)
Directors’ Declaration The directors declare that the attached Statement of Financial Performance, Statement of Financial Position, Statement of Cash Flows and Notes to the Financial Statements: (a) comply with Accounting Standards, the Corporations Regulations 2001 and other mandatory professional reporting requirements; and (b) give a true and fair view of the company’s financial position as at 30 June 2004 and of its performance, as represented by the results of its operations and its cash flows, for the financial year ended on that date. In the directors’ opinion: (a) the financial statements and notes are in accordance with the Corporations Act 2001; and (b) there are reasonable grounds to believe that the company will be able to pay its debts as and when they become due and payable. This declaration is made in accordance with a resolution of the directors.
J F Rohan J M Harvey Director Director
Sydney 9 September 2004 122
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Telecommunications Industry Ombudsman Annual Report 2004 ABN 46 057 634 787