Telecommunications (Consumer Complaints Handling) Industry Standard 2018

Part 1—Preliminary

1 Name

This is the Telecommunications (Consumer Complaints Handling) Industry Standard 2018.

3 Authority

This instrument is determined under subsection 125AA(1) of the Telecommunications Act 1997 and in accordance with sections 5 and 8 of the Telecommunications (NBN Consumer Experience Industry Standard) Direction 2017. Note: The Telecommunications (NBN Consumer Experience Industry Standard) Direction 2017 was given to the ACMA by the Minister under subsection 125AA(4) of the Act.

4 Application of industry standard

For the purpose of subsection 125AA(1) of the Act:

this instrument applies to participants in the following sections of the telecommunications industry:

carriage service providers; and
carriers responsible for network units that are used in the supply of services by carriage service providers; and

the content of this instrument deals with the handling of consumer complaints about the supply of carriage services by carriage service providers and carriers listed in paragraph (a) in a professional, effective and efficient manner, and reporting about consumer complaints.

5 Definitions

In this instrument:

ACMA means the Australian Communications and Media Authority.

Act means the Telecommunications Act 1997.

advocate means a person nominated on behalf of a consumer to deal with a carriage service provider on the consumer’s behalf, but does not include an authorised representative or a person who has authority to access the consumer’s account information from the carriage service provider.

affected person has the same meaning as in section 5 of the Telecommunications (Domestic, Family and Sexual Violence Consumer Protections) Industry Standard 2025.

Note: That standard is a legislative instrument and is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au

app means a software application a carriage service provider makes available for consumers to access information in connection with its telecommunications products and communicate with the provider.

authorised representative means a person who has authority from a consumer to deal with a carriage service provider on behalf of that consumer as their authorised agent.

bill means an invoice from a carriage service provider which advises a consumer of the total of each billed charge.

billed charge means a charge that is due for payment by a consumer in respect of telecommunications products provided by a carriage service provider.

billing period means a period of time in relation to which a billed charge relates.

bulk resolution offer means an offer made by a carriage service provider to all its consumers who were affected by a network outage, or a class of those consumers, which may include:

(a) an offer to pay a specified amount of compensation determined by the provider; or

(b) an offer to apply a credit to their accounts; or

(c) any other offer.

carriage service provider’s website includes a website controlled by a carriage service provider or another website it has endorsed for managing or receiving complaints.

CCO Standard means the Telecommunications (Customer Communications for Outages) Industry Standard 2024.

Note: The CCO Standard is a legislative instrument registered on the Federal Register of Legislation.

closed, when used in connection with a complaint, means a complaint that is no longer open in the carriage service provider’s complaint management system where:

resolution has occurred and no further action is required by the carriage service provider; or paragraph 13(1)(l) applies; or for network outage complaints – the default resolution has been implemented in accordance with section 17D.

communications under the CCO Standard means notices, communications and updates relating to a network outage or restoration of services, that a carriage service provider provides to end-users and the public pursuant to Subdivision 1.2 and Subdivision 1.3 of Part 2 of the CCO Standard.

complaint means:

(a) an expression of dissatisfaction made to a carriage service provider by a consumer in relation to its telecommunications products, the application of its complaints handling process or its network outage complaints handling process, where a response or resolution is explicitly or implicitly expected by the consumer; or

(b) a network outage complaint;

It does not include an initial call to request information or support or to report a fault or service difficulty, unless a consumer advises that they want that call treated as a complaint, nor an issue that is the subject of legal action.

Note: An initial call from a consumer indicating that they cannot establish or maintain connection with a carriage service is a service outage report.

complaints handling process means a consumer complaints handling process established by a carriage service provider pursuant to section 7.

consumer means:

an individual who acquires or may acquire a telecommunications product for the primary purpose of personal or domestic use and not for resale; or a business or non-profit organisation which acquires or may acquire one or more telecommunications products which are not for resale and which, at the time it enters into the consumer contract:

  does not have a genuine and reasonable opportunity to negotiate the terms of the consumer contract; and
  has or will have an annual spend with the carriage service provider which is, or is estimated on reasonable grounds by the carriage service provider to be, no greater than $40,000.

A reference to a consumer includes a reference to the consumer’s representative.

consumer contract means an arrangement or agreement between a carriage service provider and a consumer for the supply of a telecommunications product to that consumer, and includes a standard form of agreement formulated by a carriage service provider for the purposes of section 479 of the Act.

default resolution with reference to a network outage complaint, means the outcome of restoring a consumer’s access to a carriage service affected by a network outage such that the consumer can establish and maintain that carriage service.

documented internal processes means a carriage service provider’s documented internal processes mentioned in paragraph 11(b).

documented internal processes for network outage complaints handling means a carriage service provider’s processes mentioned in paragraph 17A(b).

financial hardship assistance has the same meaning as in section 5 of the Telecommunications (Financial Hardship) Industry Standard 2024.

financial hardship customer has the same meaning as in section 5 of the Telecommunications (Financial Hardship) Industry Standard 2024.

internal escalation process means the internal escalation process referred to in subparagraph 11(b)(ii).

internal prioritisation process means the internal prioritisation process referred to in subparagraph 11(b)(i).

live chat service means an electronic communications method a carriage service provider makes available for consumers to communicate directly with the provider using real-time communications or near real-time communications.

major outage has the same meaning as in section 5 of the CCO Standard.

minimum requirements for consumer complaints handling means the minimum requirements for the handling of consumer complaints set out in sections 8, 8A, 9 and 10.

minimum requirements for network outage complaints handling means the minimum requirements for the handling of network outage complaints set out in sections 10B, 10C and 10D.

National Relay Service has the same meaning as in section 5 of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

natural disaster has the same meaning as in section 5 of the CCO Standard.

near real-time communications has the same meaning as in section 5 of the CCO Standard.

network outage means a major outage or a significant local outage.

network outage communications procedures means the written procedures a carriage service provider has in place to comply with section 19 of the CCO Standard.

network outage complaint means a service outage report where a carriage service provider has determined under section 17B that there is a reason to suspect a network outage is occurring that is affecting or is likely to affect the consumer.

Note: Subsection 17B(4) provides that where a service outage report relates to a network outage and the sole or predominant cause of that outage is a natural disaster, the report is excluded from the requirements relating to network outage complaints under this instrument. In such cases, a carriage service provider must consider if the service outage report is an ordinary complaint under its complaint handling process pursuant to paragraph 17B(1)(c).

network outage complaints handling process means a carriage service provider’s consumer network outage complaints handling process established pursuant to section 10A.

notified mass outage of service means a mass outage of service that is the subject of a notice published in accordance with section 28 of the Telecommunications (Consumer Service Guarantee) Standard 2023.

Note: The Telecommunications (Consumer Service Guarantee) Standard 2023 is a legislative instrument registered on the Federal Register of Legislation.

personal information has the same meaning as in the Privacy Act 1988.

personnel includes staff or contractors engaged by or on behalf of a carriage service provider.

real-time communications has the same meaning as in section 5 of the CCO Standard.

reason to suspect a network outage is occurring includes a situation where the carriage service provider:

(a) is also a responsible carrier required to notify other carriers and carriage service providers of a major outage or a significant local outage pursuant to section 8 of the CCO Standard; or

(b) receives a notification from a carrier about a major outage or a significant local outage under section 8 of the CCO Standard; or

(c) receives information from a carrier that its telecommunications network is experiencing a network outage.

regional Australia has the same meaning as in section 5 of the CCO Standard.

remote Australia has the same meaning as in section 5 of the CCO Standard.

representative means an advocate or an authorised representative.

resolution when used in connection with a complaint, other than a network outage complaint, means the outcome of bringing that complaint to a conclusion in accordance with the requirements of this instrument , irrespective of whether the outcome is in favour of the consumer. It does not include the implementation of that resolution.

resolve when used in connection with a complaint, other than a network outage complaint, means to bring that complaint to a conclusion in accordance with the requirements of this instrument.

responsible carrier has the same meaning as in section 5 of the CCO Standard.

service outage report means an initial call or contact from a consumer to a carriage service provider indicating that they cannot establish or maintain connection with a carriage service.

Note: Where a carriage service provider receives a service outage report, it is required to determine if it is a network outage complaint or it should otherwise be treated as a complaint under section 17B.

significant local outage has the same meaning as in section 5 of the CCO Standard.

social media has the same meaning as in section 5 of the CCO Standard.

subscription broadcasting service has the same meaning as in the Broadcasting Services Act 1992.

subscription narrowcasting service has the same meaning as in the Broadcasting Services Act 1992.

telecommunications goods means any goods supplied by a carriage service provider for use in connection with the supply of a telecommunications service, whether or not the goods are supplied in conjunction with, or separately from, a telecommunications service.

telecommunications product means telecommunications goods or a telecommunications service.

telecommunications service means:

a listed carriage service or any service supplied by a carriage service provider in connection with that service; and a content service (other than a subscription broadcasting service or a television subscription narrowcasting service) provided by a carriage service provider in connection with the supply of a listed carriage service.

TIO means the Telecommunications Industry Ombudsman.

urgent complaint means a complaint:

where the complaint is made by a consumer who is a financial hardship customer and has applied, or entered into an arrangement, for financial hardship assistance and where the subject matter of the complaint can reasonably be presumed to directly contribute to or aggravate the financial hardship of that consumer. where disconnection of a service is imminent or has occurred and where due process has not been followed; or which involves a priority assistance consumer and the service for which they are receiving priority assistance; where the complaint is made by an affected person who indicates that there is a threat to the safety of that person and/or their children.

urgent network outage complaint means a network outage complaint:

(a) where the consumer indicates that there is a risk to their personal safety or a serious health risk; or (b) which involves a priority assistance consumer and the service for which they are receiving priority assistance.

Note: working day means:

Note: in Part 2 to Part 5, a day that is not a Saturday, Sunday or gazetted public holiday in the location of the consumer’s premises or principal place of business; and

Note: in Part 6, a day that is not a Saturday, Sunday or gazetted public holiday in the location of the principal place of business of the relevant carrier, first carriage service provider or retail carriage service provider.

Note: A number of other expressions used in this instrument are defined in the Act, including the following:

1. ACMA;
2. carriage service;
3. carriage service provider;
4. carrier;
5. listed carriage service;
6. network unit;
7. priority assistance;
8. section of the telecommunications industry;
9. telecommunications industry;
10. Telecommunications Industry Ombudsman; and telecommunications network.

6 References to other instruments

In this instrument, unless the contrary intention appears, a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time.

Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation which may be accessed free of charge at www.legislation.gov.au.

1 Name

This is the Telecommunications (Consumer Complaints Handling) Industry Standard 2018.

3 Authority

This instrument is determined under subsection 125AA(1) of the Telecommunications Act 1997 and in accordance with sections 5 and 8 of the Telecommunications (NBN Consumer Experience Industry Standard) Direction 2017. Note: The Telecommunications (NBN Consumer Experience Industry Standard) Direction 2017 was given to the ACMA by the Minister under subsection 125AA(4) of the Act.

4 Application of industry standard

For the purpose of subsection 125AA(1) of the Act:

this instrument applies to participants in the following sections of the telecommunications industry:

carriage service providers; and
carriers responsible for network units that are used in the supply of services by carriage service providers; and

the content of this instrument deals with the handling of consumer complaints about the supply of carriage services by carriage service providers and carriers listed in paragraph (a) in a professional, effective and efficient manner, and reporting about consumer complaints.

5 Definitions

In this instrument:

ACMA means the Australian Communications and Media Authority.

Act means the Telecommunications Act 1997.

advocate means a person nominated on behalf of a consumer to deal with a carriage service provider on the consumer’s behalf, but does not include an authorised representative or a person who has authority to access the consumer’s account information from the carriage service provider.

affected person has the same meaning as in section 5 of the Telecommunications (Domestic, Family and Sexual Violence Consumer Protections) Industry Standard 2025.

Note: That standard is a legislative instrument and is available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au

app means a software application a carriage service provider makes available for consumers to access information in connection with its telecommunications products and communicate with the provider.

authorised representative means a person who has authority from a consumer to deal with a carriage service provider on behalf of that consumer as their authorised agent.

bill means an invoice from a carriage service provider which advises a consumer of the total of each billed charge.

billed charge means a charge that is due for payment by a consumer in respect of telecommunications products provided by a carriage service provider.

billing period means a period of time in relation to which a billed charge relates.

bulk resolution offer means an offer made by a carriage service provider to all its consumers who were affected by a network outage, or a class of those consumers, which may include:

(a) an offer to pay a specified amount of compensation determined by the provider; or

(b) an offer to apply a credit to their accounts; or

(c) any other offer.

carriage service provider’s website includes a website controlled by a carriage service provider or another website it has endorsed for managing or receiving complaints.

CCO Standard means the Telecommunications (Customer Communications for Outages) Industry Standard 2024.

Note: The CCO Standard is a legislative instrument registered on the Federal Register of Legislation.

closed, when used in connection with a complaint, means a complaint that is no longer open in the carriage service provider’s complaint management system where:

resolution has occurred and no further action is required by the carriage service provider; or paragraph 13(1)(l) applies; or for network outage complaints – the default resolution has been implemented in accordance with section 17D.

communications under the CCO Standard means notices, communications and updates relating to a network outage or restoration of services, that a carriage service provider provides to end-users and the public pursuant to Subdivision 1.2 and Subdivision 1.3 of Part 2 of the CCO Standard.

complaint means:

(a) an expression of dissatisfaction made to a carriage service provider by a consumer in relation to its telecommunications products, the application of its complaints handling process or its network outage complaints handling process, where a response or resolution is explicitly or implicitly expected by the consumer; or

(b) a network outage complaint;

It does not include an initial call to request information or support or to report a fault or service difficulty, unless a consumer advises that they want that call treated as a complaint, nor an issue that is the subject of legal action.

Note: An initial call from a consumer indicating that they cannot establish or maintain connection with a carriage service is a service outage report.

complaints handling process means a consumer complaints handling process established by a carriage service provider pursuant to section 7.

consumer means:

an individual who acquires or may acquire a telecommunications product for the primary purpose of personal or domestic use and not for resale; or a business or non-profit organisation which acquires or may acquire one or more telecommunications products which are not for resale and which, at the time it enters into the consumer contract:

  does not have a genuine and reasonable opportunity to negotiate the terms of the consumer contract; and
  has or will have an annual spend with the carriage service provider which is, or is estimated on reasonable grounds by the carriage service provider to be, no greater than $40,000.

A reference to a consumer includes a reference to the consumer’s representative.

consumer contract means an arrangement or agreement between a carriage service provider and a consumer for the supply of a telecommunications product to that consumer, and includes a standard form of agreement formulated by a carriage service provider for the purposes of section 479 of the Act.

default resolution with reference to a network outage complaint, means the outcome of restoring a consumer’s access to a carriage service affected by a network outage such that the consumer can establish and maintain that carriage service.

documented internal processes means a carriage service provider’s documented internal processes mentioned in paragraph 11(b).

documented internal processes for network outage complaints handling means a carriage service provider’s processes mentioned in paragraph 17A(b).

financial hardship assistance has the same meaning as in section 5 of the Telecommunications (Financial Hardship) Industry Standard 2024.

financial hardship customer has the same meaning as in section 5 of the Telecommunications (Financial Hardship) Industry Standard 2024.

internal escalation process means the internal escalation process referred to in subparagraph 11(b)(ii).

internal prioritisation process means the internal prioritisation process referred to in subparagraph 11(b)(i).

live chat service means an electronic communications method a carriage service provider makes available for consumers to communicate directly with the provider using real-time communications or near real-time communications.

major outage has the same meaning as in section 5 of the CCO Standard.

minimum requirements for consumer complaints handling means the minimum requirements for the handling of consumer complaints set out in sections 8, 8A, 9 and 10.

minimum requirements for network outage complaints handling means the minimum requirements for the handling of network outage complaints set out in sections 10B, 10C and 10D.

National Relay Service has the same meaning as in section 5 of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

natural disaster has the same meaning as in section 5 of the CCO Standard.

near real-time communications has the same meaning as in section 5 of the CCO Standard.

network outage means a major outage or a significant local outage.

network outage communications procedures means the written procedures a carriage service provider has in place to comply with section 19 of the CCO Standard.

network outage complaint means a service outage report where a carriage service provider has determined under section 17B that there is a reason to suspect a network outage is occurring that is affecting or is likely to affect the consumer.

Note: Subsection 17B(4) provides that where a service outage report relates to a network outage and the sole or predominant cause of that outage is a natural disaster, the report is excluded from the requirements relating to network outage complaints under this instrument. In such cases, a carriage service provider must consider if the service outage report is an ordinary complaint under its complaint handling process pursuant to paragraph 17B(1)(c).

network outage complaints handling process means a carriage service provider’s consumer network outage complaints handling process established pursuant to section 10A.

notified mass outage of service means a mass outage of service that is the subject of a notice published in accordance with section 28 of the Telecommunications (Consumer Service Guarantee) Standard 2023.

Note: The Telecommunications (Consumer Service Guarantee) Standard 2023 is a legislative instrument registered on the Federal Register of Legislation.

personal information has the same meaning as in the Privacy Act 1988.

personnel includes staff or contractors engaged by or on behalf of a carriage service provider.

real-time communications has the same meaning as in section 5 of the CCO Standard.

reason to suspect a network outage is occurring includes a situation where the carriage service provider:

(a) is also a responsible carrier required to notify other carriers and carriage service providers of a major outage or a significant local outage pursuant to section 8 of the CCO Standard; or

(b) receives a notification from a carrier about a major outage or a significant local outage under section 8 of the CCO Standard; or

(c) receives information from a carrier that its telecommunications network is experiencing a network outage.

regional Australia has the same meaning as in section 5 of the CCO Standard.

remote Australia has the same meaning as in section 5 of the CCO Standard.

representative means an advocate or an authorised representative.

resolution when used in connection with a complaint, other than a network outage complaint, means the outcome of bringing that complaint to a conclusion in accordance with the requirements of this instrument , irrespective of whether the outcome is in favour of the consumer. It does not include the implementation of that resolution.

resolve when used in connection with a complaint, other than a network outage complaint, means to bring that complaint to a conclusion in accordance with the requirements of this instrument.

responsible carrier has the same meaning as in section 5 of the CCO Standard.

service outage report means an initial call or contact from a consumer to a carriage service provider indicating that they cannot establish or maintain connection with a carriage service.

Note: Where a carriage service provider receives a service outage report, it is required to determine if it is a network outage complaint or it should otherwise be treated as a complaint under section 17B.

significant local outage has the same meaning as in section 5 of the CCO Standard.

social media has the same meaning as in section 5 of the CCO Standard.

subscription broadcasting service has the same meaning as in the Broadcasting Services Act 1992.

subscription narrowcasting service has the same meaning as in the Broadcasting Services Act 1992.

telecommunications goods means any goods supplied by a carriage service provider for use in connection with the supply of a telecommunications service, whether or not the goods are supplied in conjunction with, or separately from, a telecommunications service.

telecommunications product means telecommunications goods or a telecommunications service.

telecommunications service means:

a listed carriage service or any service supplied by a carriage service provider in connection with that service; and a content service (other than a subscription broadcasting service or a television subscription narrowcasting service) provided by a carriage service provider in connection with the supply of a listed carriage service.

TIO means the Telecommunications Industry Ombudsman.

urgent complaint means a complaint:

where the complaint is made by a consumer who is a financial hardship customer and has applied, or entered into an arrangement, for financial hardship assistance and where the subject matter of the complaint can reasonably be presumed to directly contribute to or aggravate the financial hardship of that consumer. where disconnection of a service is imminent or has occurred and where due process has not been followed; or which involves a priority assistance consumer and the service for which they are receiving priority assistance; where the complaint is made by an affected person who indicates that there is a threat to the safety of that person and/or their children.

urgent network outage complaint means a network outage complaint:

(a) where the consumer indicates that there is a risk to their personal safety or a serious health risk; or (b) which involves a priority assistance consumer and the service for which they are receiving priority assistance.

Note: working day means:

Note: in Part 2 to Part 5, a day that is not a Saturday, Sunday or gazetted public holiday in the location of the consumer’s premises or principal place of business; and

Note: in Part 6, a day that is not a Saturday, Sunday or gazetted public holiday in the location of the principal place of business of the relevant carrier, first carriage service provider or retail carriage service provider.

Note: A number of other expressions used in this instrument are defined in the Act, including the following:

1. ACMA;
2. carriage service;
3. carriage service provider;
4. carrier;
5. listed carriage service;
6. network unit;
7. priority assistance;
8. section of the telecommunications industry;
9. telecommunications industry;
10. Telecommunications Industry Ombudsman; and telecommunications network.

6 References to other instruments

In this instrument, unless the contrary intention appears, a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time.

Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation which may be accessed free of charge at www.legislation.gov.au.

7 Establish a complaints handling process

(1) A carriage service provider that offers to supply telecommunications products to consumers under a consumer contract must:

establish a complaints handling process that includes the minimum requirements for consumer complaints handling; and implement a complaints handling process that complies with the minimum requirements for consumer complaints handling.

(2) The carriage service provider’s most senior responsible executive must approve the complaints handling process and be responsible for its implementation and operation.

8 Minimum requirements - accessibility

A complaints handling process must:

be set out in writing;

(b) be clear and use plain language; (c) be easy to understand and use; (d) use a font style and size that is clear and easy to read; (e) be in a format that is accessible, including to consumers with disabilities, from cultural or linguistically diverse backgrounds or with other special needs; (f) be made available to the public on the carriage service provider’s website in a concise form that sets out the minimum requirements for consumer complaints handling referred to in paragraphs (h), (j) to (t), and sections 8A, 9 and 10; (g) be made available to a consumer on request, or as soon as practicable after a consumer informs the carriage service provider they wish to make a complaint, in a form that is suitable for the consumer and, where appropriate, made available to carriage service providers or carriers identified in sections 23 and 24; (h) be free of charge for consumers to use; (i) be focused on the needs and expectations of consumers making a complaint; (j) state that consumers have a right to make a complaint; (k) set out how a consumer can make a complaint and monitor the progress of their complaint; (l) permit consumers to make complaints: (i) via telephone by speaking with a member of the carriage service provider’s personnel dealing with complaints; (ii) by letter; and (iii) via email, online and any other electronic method, including an app or a live chat service (if the provider uses that other method); but need not require the carriage service provider to allow consumers to make complaints via social media platforms; (m) permit consumers to make complaints in store and contact the carriage service provider about their complaint during in-store hours, where the carriage service provider offers services at a physical location; (n) set out the times during which a consumer can make a complaint and contact the carriage service provider about their complaint by telephone or online; (o) specify the telephone number, street or post office box address, email address, web address and any other point of contact the provider makes available (including via an app or a live chat service) where a consumer can make a complaint; (p) specify the details that a deaf or hard of hearing consumer may use to contact the National Relay Service to assist the consumer to make a complaint; (q) state that members of the carriage service provider’s personnel will:

clarify with a consumer if they wish to make a complaint where the consumer has made contact and expressed dissatisfaction through one of the channels referred to in paragraph (l) or paragraph (m), and the member of the personnel is uncertain if the consumer wishes to make a complaint; and provide consumers with help to formulate, make and progress a complaint, including consumers with accessibility requirements or disabilities, and consumers from non-English speaking backgrounds or consumers that are financial hardship customers and have applied, or entered into an arrangement, for financial hardship assistance;

(r) allow for consumers to nominate a representative to make and handle a complaint; (s) set out each potential step in the process for managing a complaint that was unable to be resolved on first contact, including the following steps:

communicating to the consumer who made the complaint an acknowledgment that the complaint has been received, a unique reference number or some other unique identifier for the complaint and instructions about how the complaint can be monitored; initial assessment of a complaint; investigation of a complaint; response to a complaint and proposed resolution; communicating the carriage service provider’s decision in response to the complaint; implementation of agreed resolution; closing a complaint; the process by which the consumer can refer a complaint to the TIO for external dispute resolution; and the procedures for identifying and handling urgent complaints, including how those procedures differ from handling ordinary complaints; and

(t) set out that the carriage service provider will provide consumers with confirmation of resolution of a complaint in accordance with paragraph 13(1)(l). (1A) Where a carriage service provider uses a general enquiries telephone number to comply with paragraph (1)(l) that allows the consumer to select options for assistance, the first set of options presented to the consumer must include an express option for the consumer to elect to speak directly to a member of its personnel dealing with complaints. (2) A carriage service provider must ensure that its personnel dealing directly with consumers:

are given access to a copy of:

the complaints handling process; and any documentation setting out the documented internal processes; and

understand the minimum requirements for consumer complaints handling, their roles and responsibilities under the complaints handling process and any requirements in the documented internal processes.

(3) A carriage service provider must ensure there is a direct link on the homepage and the help or support section or area of its website via which a consumer can access information displayed on its website that: (a) sets out how to contact the provider to make a complaint, including a table or list of the information referred to in paragraphs (1)(n), (o) and (p); and (b) includes an express statement that the contact information provided under paragraph (a) can be used to make a complaint. (4) The links referred to in subsection (3) must be: (a) clear and prominent; (b) include the word “complaint”, or its plural or another variation of that word; and (c) for the link that is included on the help or support section or area of the website - accessible from a main heading. (5) A carriage service provider must:

(a) display its contact details for making a complaint on bills to consumers; and

(b) the contact details for the carriage service provider should be more prominent than contact details for any other organisations that are named on the bill.

8A Minimum requirements – accuracy and updating information The information required under subsection 8(3) must be accurate and up-to-date.

9 Minimum requirements - timeliness

A complaints handling process must:

(a) minimise waiting time, call transfers and consumers dealing with multiple persons to resolve the complaint; and

(b) identify the relevant time periods associated with each step in the process set out in subsection 12(2), paragraphs 13(1)(g), (h), (i) and (k), subsection 13(2) and sections 14 and 15.

10 Minimum requirements - transparency

A complaints handling process must:

1. describe the carriage service provider’s:
   1. internal prioritisation process; and
   2. internal escalation process,

in a manner that is clear, in plain language and transparent for consumers;

1. require complaints to be escalated at the reasonable request of a consumer;
2. set out a description of how escalated complaints will be managed; set out a dispute resolution process, which provides a consumer with the right to escalate a complaint to the TIO after the carriage service provider has been given a reasonable opportunity to resolve a complaint, which:

(i) sets out details about how a consumer can contact the TIO, including a link to its website and its complaints telephone number; and

(ii) includes the statement: “If you are not satisfied with how we have handled your complaint, you have a right to take it to the Telecommunications Industry Ombudsman, which is a free and independent service”; and

1. provide that a consumer’s telecommunications service cannot be cancelled for the sole reason that the consumer was unable to resolve the complaint directly with the carriage service provider and pursued options for external dispute resolution.

Part 3—Complaints management and response times

10E Application of this Part This Part does not apply to network outage complaints.

11 Complaints management

A carriage service provider must ensure that:

1. its complaints handling process is managed by a senior manager who is required to maintain the effective and efficient operation of that process in accordance with the minimum requirements for consumer complaints handling;
2. it has in place, and implements, documented internal processes which deal with the following:

(i) an internal process for prioritising complaints;

(ii) an internal process for escalating complaints;

1. an internal process for classifying complaints into different categories, which clearly describes each category of complaint; and
2. an internal process for helping consumers to formulate, make and progress a complaint and which sets out steps to assist members of its personnel to help consumers with accessibility requirements or disabilities, and consumers from non-English speaking backgrounds or those consumers that are financial hardship customers and have applied, or entered into an arrangement, for financial hardship assistance; and

(c) its personnel dealing directly with consumers or personnel dealing with complaints:

(i) manage and resolve complaints in an effective and efficient manner in accordance with the minimum requirements for consumer complaints handling;

(ii) clarify with a consumer if they wish to make a complaint where the consumer has made contact and expressed dissatisfaction through one of the channels referred to in paragraphs 8(1)(l) and 8(1)(m), and the member of the personnel is uncertain if the consumer wishes to make a complaint;

(iii) treat consumers making a complaint with fairness and courtesy;

(iv) can identify and record a complaint; and

(v) can classify complaints in accordance with the provider’s process mentioned in subparagraph (b)(iii).

12 Acknowledging complaints

(1) A carriage service provider must acknowledge a complaint by providing the consumer to whom the complaint relates with a written or verbal response which indicates that the complaint has been received, a unique reference number or some other unique identifier for the complaint and instructions about how the complaint can be monitored.

(2) A carriage service provider must acknowledge a complaint in accordance with subsection (1):

1. where the complaint was received:

(i) via a real-time communications method, including by telephone or a live chat service; or

(ii) via a near real-time communications method, including via a live chat service or a provider’s app; or

(iii) in store –

immediately; or

1. where the complaint was received by:

(i) email; or

(ii) post –

within 2 working days of receiving the complaint.

13 Resolution of complaints

(1) A carriage service provider must:

use its best efforts to resolve a complaint on first contact, or if this is not possible, as soon as practicable after first contact;

(b) make all reasonable efforts to resolve complaints in a manner that best suits the needs of the consumer, where a consumer has expressed a particular need to the carriage service provider;

implement processes for the identification, management and resolution of urgent complaints; investigate a complaint to the extent that is commensurate with the seriousness of the complaint, where it is not possible to resolve a complaint to the satisfaction of the consumer at first contact or without an investigation; ensure that its personnel understand what remedies are available to assist with the resolution of a complaint; tailor any remedy offered to a consumer so that, as far as practicable, the remedy addresses the main cause of the complaint, and the individual circumstances of the consumer; resolve complaints about alleged billing errors no later than the end of the billing period immediately following the consumer’s current billing period, or within 30 calendar days, whichever occurs first; provide confirmation of a proposed resolution of a complaint, within 10 working days of receiving the complaint; provide confirmation of a proposed resolution of an urgent complaint, and if the consumer accepts the proposed resolution, implement that resolution, within 2 working days of receiving the urgent complaint; where a complaint is indicative of a broader problem or systemic issue, seek to resolve the main cause of that problem or issue; complete all necessary actions to implement a proposed resolution, within 5 working days of the consumer accepting that resolution, except where:

otherwise agreed with the consumer; or the consumer agreed to undertake actions to implement the proposed resolution by a specified time, but did not complete the actions as agreed; or the complaint is an urgent complaint and paragraph (i) applies;

provide confirmation in writing to a consumer that their complaint has been resolved within 5 working days after the carriage service provider completes its investigation of the complaint; and only allow a complaint or an urgent complaint to be closed with the consent of the consumer, or where the carriage service provider has complied with subsection 15(2), section 16 or section 17.

A carriage service provider must, upon receiving a request from a consumer to provide written confirmation of the matters set out in paragraphs (1)(h) or (i), provide that confirmation in writing to the consumer within 5 working days after receiving the request.

14 Delays

A carriage service provider must advise consumers of any delay to proposed timeframes for managing or handling their complaint as soon as possible after becoming aware of the delay.

(2) Where a carriage service provider does not reasonably believe that:

a complaint of the type referred to in paragraph 13(1)(g) can be resolved within the relevant billing period or within 30 calendar days, whichever occurs first; or an urgent complaint can be resolved within 2 working days of receipt of the urgent complaint; or a complaint other than a complaint of the type referred in paragraphs (a) or (b) can be resolved within 10 working days of receiving the complaint,

the carriage service provider must as soon as practicable within that period mentioned in paragraph (a), (b) or (c) (whichever is relevant) (the relevant period) advise the complainant of:

the cause of the delay; the new timeframe for resolving the complaint; and the information referred to in paragraph 10(d), where it is expected that the delay will be longer than 10 working days after the relevant period and is not caused by a notified mass outage of service.

15 Complaint prioritisation, escalation and external dispute resolution

Where a consumer communicates to a carriage service provider:

that they are dissatisfied with the response times that apply to the handling or management of their complaint; or that they reasonably want their complaint to be assessed and treated as an urgent complaint,

the carriage service provider must, within 24 hours after receiving that communication, provide the consumer with advice about: (c) its internal prioritisation process; (d) its internal escalation process; and (e) the information referred to in paragraph 10(d).

1. Where a consumer:

2. communicates to a carriage service provider that they are dissatisfied with the progress or resolution of a complaint; or

3. enquires about their options to pursue a complaint further,

a carriage service provider must, within 24 hours after receiving that communication, advise the consumer about:

1. its internal escalation process; and
2. the information referred to in paragraph 10(d).

Where subsections (1) or (2) apply and a consumer indicates to the carriage service provider that they would like the complaint to be given priority or to be escalated, a carriage service provider must, within 5 working days of the consumer making that indication, assess the complaint in accordance with its internal prioritisation process or its internal escalation process, whichever is relevant, and prioritise or escalate the complaint where appropriate. A carriage service provider must not commence legal proceedings against a consumer that has the same subject matter as the complaint:

while a complaint is being handled internally and for 7 working days after a consumer is advised of the outcome of their complaint; or while a complaint is being investigated by the TIO.

(5) If a complaint is not resolved within 30 calendar days after it was received, a carriage service provider must, unless it has already been provided, provide the information referred to in paragraph 10(d) to the consumer on the next working day after the end of that period.

16 Frivolous or vexatious complaints

If, after careful consideration and appropriate internal escalation of a complaint, a carriage service provider reasonably concludes:

that it can do nothing more to resolve the complaint or assist the consumer; and that the consumer’s behaviour, or complaint is frivolous or vexatious,

the carriage service provider may decide not to deal, or to deal further, with the complaint.

Within 5 working days of making a decision not to deal with a complaint under subsection (1), a carriage service provider must advise the consumer of the reasons for its decision and the information referred to in paragraph 10(d). Where a carriage service provider advises a consumer in accordance with subsection (2), it is not required to accept any further complaints from that consumer on the same or similar issues, except as a part of an external dispute resolution process. A carriage service provider must provide the consumer with written confirmation of the matters set out in subsection (2) in writing within 5 working days after receiving a request to do so from the consumer.

17 Attempt to make contact

If, in the course of meeting its obligations under this instrument, a carriage service provider is unable to contact a consumer to discuss their complaint or to advise them of the proposed resolution of their complaint after at least 5 separate attempts, with each attempt on a separate calendar day, over a total period of not more than 10 calendar days, the carriage service provider must write to the consumer:

advising that they were unable to contact them; provide details of its contact attempts; and provide an invitation to contact the carriage service provider to discuss the complaint within a specific timeframe of not less than 10 working days from the date of that invitation.

Part 4—Complaints monitoring and analysis

18 Complaints monitoring and analysis processes, procedures and systems

A carriage service provider must establish processes, procedures and systems, for monitoring and analysing its complaints records to identify systemic issues and problems, and prevent those systemic issues, problems and related complaints from recurring.

19 Requirements for monitoring and analysis of complaints and complaints handling processes

A carriage service provider must:

classify and analyse complaints a minimum of once every three months, to identify, address and take steps to prevent frequent problems and systemic issues from recurring; review its complaints handling process and its network outage complaints handling process every 12 months to:

ensure it is suitable, adequate, effective and efficient; identify new issues and correct deficiencies that need specific attention, and record any new issues and deficiencies identified; assess its compliance with this instrument; identify areas for improvement or that require change; and evaluate potential changes;

take action taken to address problems or issues identified in paragraphs (a) and (b) as soon as practicable; record in writing any steps taken under paragraph (c); ensure that any significant complaints, problems or issues identified under this section are efficiently and effectively managed and that there are processes for senior management to be notified where appropriate; and ensure that its processes for implementing the requirements in paragraphs (a) to (e) are set out in writing, and made available to personnel responsible for monitoring and analysing complaints and the provider’s complaints handling process and network outage complaints handling process.

18 Complaints monitoring and analysis processes, procedures and systems

A carriage service provider must establish processes, procedures and systems, for monitoring and analysing its complaints records to identify systemic issues and problems, and prevent those systemic issues, problems and related complaints from recurring.

19 Requirements for monitoring and analysis of complaints and complaints handling processes

A carriage service provider must:

classify and analyse complaints a minimum of once every three months, to identify, address and take steps to prevent frequent problems and systemic issues from recurring; review its complaints handling process and its network outage complaints handling process every 12 months to:

ensure it is suitable, adequate, effective and efficient; identify new issues and correct deficiencies that need specific attention, and record any new issues and deficiencies identified; assess its compliance with this instrument; identify areas for improvement or that require change; and evaluate potential changes;

take action taken to address problems or issues identified in paragraphs (a) and (b) as soon as practicable; record in writing any steps taken under paragraph (c); ensure that any significant complaints, problems or issues identified under this section are efficiently and effectively managed and that there are processes for senior management to be notified where appropriate; and ensure that its processes for implementing the requirements in paragraphs (a) to (e) are set out in writing, and made available to personnel responsible for monitoring and analysing complaints and the provider’s complaints handling process and network outage complaints handling process.

Part 5—Complaints record-keeping

20 Requirements to keep records of complaints

(1) A carriage service provider must keep records of complaints that are not network outage complaints, which include:

1. the name and contact details of the consumer making the complaint, and their representative where applicable;
2. a unique reference number or some other unique identifier that will ensure the carriage service provider can subsequently identify the complaint and its subject matter;
3. a description of the nature of the complaint and the issues raised as part of the complaint;
4. a description of the resolution proposed by the carriage service provider or the consumer, including the date by which the consumer must provide a response in relation to the proposed resolution;
5. a description of the results of any investigation;
6. a description of the carriage service provider’s reasons for its proposed resolution;
7. the consumer’s response to the proposed resolution of the complaint, any reasons given by the consumer for their response, and if they have requested the proposed resolution in writing, that this request has been made;
8. a description of the agreed resolution of the complaint, including any associated commitments and the date this is communicated to the consumer;
9. the implementation of any required actions; and
10. copies of any correspondence sent by or to the consumer regarding the complaint.

(2) A carriage service provider must keep records of network outage complaints, including:

1. the name and contact details of the consumer who made the service outage report, and their representative where applicable;
2. a unique reference number or some other unique identifier that will ensure the carriage service provider can subsequently identify the network outage complaint and its subject matter;
3. a description of the nature of the issues raised as part of the service outage report;
4. the time and date the provider:

(i) received the service outage report;

(ii) made a determination under subsection 17B(1);

(iii) acknowledged the network outage complaint under section 17C as required under subsection 17B(2);

(iv) notified the consumer under paragraph 17D(3)(c); and

(v) closed the network outage complaint;

1. whether the consumer was dissatisfied with the default resolution and made a complaint, that is not a network outage complaint but is related to the network outage, seeking other remedies;
2. where the consumer has expressed dissatisfaction with the default resolution of a network complaint, the reasons the consumer gives for that dissatisfaction;
3. copies of communications under the CCO Standard that were provided to the consumer during the network outage under that Standard and subsection 17D(4); and
4. copies of any correspondence sent by or to the consumer regarding the default resolution of the network outage complaint and any bulk resolution offer.

(3) If a complaint is due to a consumer’s dissatisfaction with the resolution of a network outage complaint, the unique reference number or other unique identifier used for their network outage complaint, should be linked with the complaint.

21 Record retention

(1) A carriage service provider must:

(a) keep records that are sufficient to demonstrate its compliance with the requirements under Parts 2 to 5 of this instrument;

(b) keep the records required to be kept by paragraph (a) for at least two years from the date of creating the record; and

(c) make those records available to the ACMA upon receiving a written request from the ACMA.

(2) Where a carriage service provider keeps records under this Part or section 28 it must take such steps as are reasonable in the circumstances:

1. to protect the information from misuse, interference and loss, unauthorised access, modification or disclosure; and
2. to ensure the information is disposed of, or destroyed, in a secure manner where the record is no longer necessary under this instrument or any other applicable laws.

22 Privacy

Where a carriage service provider is not subject to the requirements of the Privacy Act 1988, it must ensure that personal information it collects in connection with a complaint is not disclosed to a third party except:

as required to manage a complaint to the TIO or the ACMA; or with the express consent of the consumer; or where disclosure is otherwise required or authorised by law.

Part 6—Reasonable assistance

23 Carriage service providers must provide reasonable assistance

Where:

a carriage service provider (the first carriage service provider) supplies a carriage service; and that carriage service is involved (directly or indirectly) in the supply of another carriage service (the retail carriage service) by another carriage service provider (a retail carriage service provider) to consumers;

the first carriage service provider must provide reasonable assistance to:

the retail carriage service provider; and any other carriage service provider who supplies a carriage service that is involved (directly or indirectly) in the supply of the retail carriage service;

in managing and resolving any complaints received by the retail carriage service provider in relation to the retail carriage service.

24 Carriers must provide reasonable assistance

Where:

a carrier is responsible for a network unit; and that network unit is used by a retail carriage service provider to supply a retail carriage service, or to supply a carriage service that is involved (directly or indirectly) in the supply of a retail carriage service;

the carrier must provide reasonable assistance to:

the retail carriage service provider; and any carriage service provider who supplies a carriage service that is involved (directly or indirectly) in the supply of the retail carriage service;

in managing and resolving any complaints received by the retail carriage service provider in relation to the retail carriage service.
25 Requests for reasonable assistance
A retail carriage service provider must:

promptly upon receiving a complaint and before making a request for reasonable assistance under this Part:

assess the cause of the issues that are the subject of the complaint, including, if appropriate, by contacting the complainant to determine if any third party equipment at their premises is causing those issues; and determine if a first carriage service provider mentioned in section 23 or a carrier mentioned in section 24 is required to provide reasonable assistance under this Part to manage or resolve the complaint; and

ensure that any request for reasonable assistance it makes under this Part:

is made promptly after making a determination under subparagraph (a)(ii); includes an explanation of the key issues that are the subject of the complaint and, where possible, its assessment of the cause of those issues and how they can be fixed; if requested by the first carriage service provider or carrier – describes the steps that it took under subparagraph (a)(ii) to determine that the first carriage service provider or the carrier is required to provide reasonable assistance to manage and resolve the complaint; identifies each of the relevant timeframes that it is required to meet under this instrument in relation to the complaint; if appropriate, set out any proposals about how the first carriage service provider or the carrier might provide reasonable assistance to manage and resolve the complaint within the timeframes identified under subparagraph (iv).

26 Responding to requests for reasonable assistance
The first carriage service provider identified in section 23 and a carrier identified in section 24 must:

nominate one or more contact persons responsible for the coordination of activities in relation to the provision of reasonable assistance pursuant to this Part;
notify relevant retail carriage service providers of an email address, or other method, whereby they can contact a contact person nominated under paragraph (a), or make enquiries about, or request, reasonable assistance pursuant to this Part;
ensure that the inbox for the email address or other method of contact identified in paragraph (b) is monitored:

(i) each working day; or

(ii) each calendar day if the provider has a reason to suspect that a network outage is occurring;

acknowledge the receipt of a request for reasonable assistance:

(i) within 3 hours for network outage complaints; and
(ii) within 2 working days for all other complaints;;

advise what the indicative timeframes are for responding to the request as soon as practicable;
confirm any proposed resolution for complaints other than network outage complaints as soon as practicable after completing its investigation of the issues set out in the request; and
ensure that all enquiries and requests for reasonable assistance received by the nominated contact person are responded to as soon as practicable, including by taking all reasonable steps to enable the retail carriage service provider to meet the relevant timeframes that apply to that provider under Parts 3 and 3A.

27 Reasonable assistance to the TIO

A first carriage service provider identified in section 23, and a carrier identified in section 24, must provide reasonable assistance to the TIO, where the TIO requests assistance to investigate a complaint that relates to the subject matter set out in this Part.

28 Requirement to keep records

A first carriage service provider identified in section 23, a carrier identified in section 24 and a retail carriage service provider identified in section 25 must:
(a) keep records that are sufficient to demonstrate its compliance with the requirements under this Part;
(b) retain the records required to be kept by paragraph (a) for at least two years from the date of creating the record; and

(c) make those records available to the ACMA upon receiving a written request from the ACMA.

Part 7—Transitional

29 Transition arrangements - unresolved complaints

Where a complaint was made by a consumer to a carriage service provider prior to the commencement of the Telecommunications (Consumer Complaints Handling) Industry Standard Amendment 2025 (No.1) (the amending instrument) that:

(a) was acknowledged as a complaint by the provider in accordance with section 12 of this instrument prior to the commencement of the amending instrument; and

(b) remains unresolved at, or after, the date of the commencement of the amending instrument,

the complaint must be assessed and dealt with under this instrument as in force immediately prior to the commencement of the amending instrument.

23 Carriage service providers must provide reasonable assistance

Where:

a carriage service provider (the first carriage service provider) supplies a carriage service; and that carriage service is involved (directly or indirectly) in the supply of another carriage service (the retail carriage service) by another carriage service provider (a retail carriage service provider) to consumers;

the first carriage service provider must provide reasonable assistance to:

the retail carriage service provider; and any other carriage service provider who supplies a carriage service that is involved (directly or indirectly) in the supply of the retail carriage service;

in managing and resolving any complaints received by the retail carriage service provider in relation to the retail carriage service.

24 Carriers must provide reasonable assistance

Where:

a carrier is responsible for a network unit; and that network unit is used by a retail carriage service provider to supply a retail carriage service, or to supply a carriage service that is involved (directly or indirectly) in the supply of a retail carriage service;

the carrier must provide reasonable assistance to:

the retail carriage service provider; and any carriage service provider who supplies a carriage service that is involved (directly or indirectly) in the supply of the retail carriage service;

in managing and resolving any complaints received by the retail carriage service provider in relation to the retail carriage service.
25 Requests for reasonable assistance
A retail carriage service provider must:

promptly upon receiving a complaint and before making a request for reasonable assistance under this Part:

assess the cause of the issues that are the subject of the complaint, including, if appropriate, by contacting the complainant to determine if any third party equipment at their premises is causing those issues; and determine if a first carriage service provider mentioned in section 23 or a carrier mentioned in section 24 is required to provide reasonable assistance under this Part to manage or resolve the complaint; and

ensure that any request for reasonable assistance it makes under this Part:

is made promptly after making a determination under subparagraph (a)(ii); includes an explanation of the key issues that are the subject of the complaint and, where possible, its assessment of the cause of those issues and how they can be fixed; if requested by the first carriage service provider or carrier – describes the steps that it took under subparagraph (a)(ii) to determine that the first carriage service provider or the carrier is required to provide reasonable assistance to manage and resolve the complaint; identifies each of the relevant timeframes that it is required to meet under this instrument in relation to the complaint; if appropriate, set out any proposals about how the first carriage service provider or the carrier might provide reasonable assistance to manage and resolve the complaint within the timeframes identified under subparagraph (iv).

26 Responding to requests for reasonable assistance
The first carriage service provider identified in section 23 and a carrier identified in section 24 must:

nominate one or more contact persons responsible for the coordination of activities in relation to the provision of reasonable assistance pursuant to this Part;
notify relevant retail carriage service providers of an email address, or other method, whereby they can contact a contact person nominated under paragraph (a), or make enquiries about, or request, reasonable assistance pursuant to this Part;
ensure that the inbox for the email address or other method of contact identified in paragraph (b) is monitored:

(i) each working day; or

(ii) each calendar day if the provider has a reason to suspect that a network outage is occurring;

acknowledge the receipt of a request for reasonable assistance:

(i) within 3 hours for network outage complaints; and
(ii) within 2 working days for all other complaints;;

advise what the indicative timeframes are for responding to the request as soon as practicable;
confirm any proposed resolution for complaints other than network outage complaints as soon as practicable after completing its investigation of the issues set out in the request; and
ensure that all enquiries and requests for reasonable assistance received by the nominated contact person are responded to as soon as practicable, including by taking all reasonable steps to enable the retail carriage service provider to meet the relevant timeframes that apply to that provider under Parts 3 and 3A.

27 Reasonable assistance to the TIO

A first carriage service provider identified in section 23, and a carrier identified in section 24, must provide reasonable assistance to the TIO, where the TIO requests assistance to investigate a complaint that relates to the subject matter set out in this Part.

28 Requirement to keep records

A first carriage service provider identified in section 23, a carrier identified in section 24 and a retail carriage service provider identified in section 25 must:
(a) keep records that are sufficient to demonstrate its compliance with the requirements under this Part;
(b) retain the records required to be kept by paragraph (a) for at least two years from the date of creating the record; and

(c) make those records available to the ACMA upon receiving a written request from the ACMA.

Part 7—Transitional

29 Transition arrangements - unresolved complaints

Where a complaint was made by a consumer to a carriage service provider prior to the commencement of the Telecommunications (Consumer Complaints Handling) Industry Standard Amendment 2025 (No.1) (the amending instrument) that:

(a) was acknowledged as a complaint by the provider in accordance with section 12 of this instrument prior to the commencement of the amending instrument; and

(b) remains unresolved at, or after, the date of the commencement of the amending instrument,

the complaint must be assessed and dealt with under this instrument as in force immediately prior to the commencement of the amending instrument.