Section 132 of the Telecommunications (Consumer Protection & Service Standards) Act 1999 requires service providers to comply with the TIO. We do not enforce this provision – that is the role of the Australian Communications and Media Authority (ACMA). However, the ACMA cannot exercise its enforcement power without the information or evidence we provide. When we believe a service provider does not comply with the TIO, we will refer them to the ACMA.
Some issues that can be considered non-compliant behaviour include failing to provide information about a complaint, failing to comply with determinations or failing to comply with an industry code. We may also refer an eligible carriage service provider that does not apply for membership of the TIO when it is required to do so.
It is important to note that the vast majority of service providers work cooperatively with us and we refer only a few service providers to the ACMA each year.
In 2010-11 we made nine referrals to the ACMA. These referrals related to four different service providers who failed to comply with one of the Ombudsman’s determinations.