By law, telecommunications service providers must join and comply with the TIO Scheme. If a provider fails to do so, we can refer it to the Australian Communications and Media Authority (ACMA).
Non-compliance with determinations or interim directions
Most providers work cooperatively with the TIO and very few need to be referred to the regulator each year. We referred three providers to the ACMA for not complying with Ombudsman determinations in 2013-14 compared to one in 2012-13. After our referral:
- one provider complied with the determination
- one provider, Best Telecom Pty Ltd, stopped trading and no action can be taken against it, and
- one provider, Planet ISP Pty Ltd is the subject of a formal ACMA investigation for non-compliance.
Failure to become TIO member
We referred 19 providers to the ACMA for not joining the TIO Scheme in 2013-14. After our referral, and as at the release of this report (October 2013):
- 11 providers became TIO members
- two were exempted from becoming TIO members
- three providers did not become TIO members but the ACMA decided not to take further action, and
- three have not yet joined the TIO:
- Red Broadband Pty Ltd
- Red Dirt Communications Pty Lt
- Steve Slisar/123 Group Pty Ltd trading as Virion