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TELECOMMUNICATIONS (CONSUMER PROTECTION AND SERVICE STANDARDS) ACT 1999 - SECT 128 Telecommunications Industry Ombudsman scheme

TELECOMMUNICATIONS (CONSUMER PROTECTION AND SERVICE STANDARDS) ACT 1999 - SECT 128

Telecommunications Industry Ombudsman scheme

  (1)   Each carrier and each eligible carriage service provider must, in association with other carriers and other eligible carriage service providers, enter into a scheme providing for a Telecommunications Industry Ombudsman.

Note:   Section   129 provides for exemptions from subsection   (1) of this section.

  (2)   The scheme is to be known as the Telecommunications Industry Ombudsman scheme .

  (3)   To avoid doubt, there is only one Telecommunications Industry Ombudsman scheme, namely, the scheme operated by Telecommunications Industry Ombudsman Limited (ABN 46   057   634   787).

  (4)   The scheme must provide for the Telecommunications Industry Ombudsman to:

  (a)   investigate; and

  (b)   make determinations relating to; and

  (c)   give directions relating to;

complaints about carriage services by end - users of those services.

  (4A)   An end - user of a carriage service is not liable to pay any fee or charge (however described) to the provider of the carriage service in respect of a complaint made by the end - user about the carriage service.

  (5)   The following is an example of such a complaint: a complaint about billing, or the manner of charging, for the supply of carriage services.

  (6)   The scheme must not provide for the Telecommunications Industry Ombudsman to investigate complaints about:

  (a)   the levels at which tariffs charged for the supply of carriage services are set; or

  (b)   the content of a content service.

  (7)   The membership of the scheme must be open to all:

  (a)   carriers; and

  (b)   carriage service providers.

  (8)   The scheme must comply with any standards determined under subsection   (9).

  (9)   The Minister may, by legislative instrument, determine standards for the purposes of subsection   (8).

  (10)   In making a determination under subsection   (9), the Minister must have regard to the following matters:

  (a)   accessibility;

  (b)   independence;

  (c)   fairness;

  (d)   accountability;

  (e)   efficiency;

  (f)   effectiveness;

  (g)   such other matters (if any) as the Minister considers relevant.

  (11)   Before making a determination under subsection   (9), the Minister must consult:

  (a)   the Telecommunications Industry Ombudsman; and

  (b)   the ACMA.