13Resolution of complaints

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.