128Telecommunications Industry Ombudsman scheme

#### 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. (5A) The scheme may also provide for the Telecommunications Industry Ombudsman to: (a) investigate; and (b) make determinations relating to; and (c) give directions relating to; complaints about the connection of premises to a qualifying telecommunications network, where the connection is: (d) by a statutory infrastructure provider for a service area; and (e) in order that a carriage service provider can provide qualifying carriage services to an end‑user at premises in the service area. (5B) For the purposes of subsection (5A), the following expressions have the same meaning as in Part 19 of the Telecommunications Act 1997: (a) qualifying carriage service; (b) qualifying telecommunications network; (c) service area; (d) statutory infrastructure provider. (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.