TIO scheme requirements and exemptions

The Telecommunications Industry Ombudsman (TIO) is an industry-based dispute resolution scheme for small businesses and residential customers of carriers and eligible carriage service providers (CSPs). 

Carriers and eligible CSPs must join the TIO scheme.  You can find information about joining the scheme on the TIO website.

You must join the TIO scheme if you supply or arrange for the supply of:

• a standard telephone service to residential or small business customers
• a public mobile telecommunication service
• access to the internet

You may also be required to join if:

• you have received a written notice from the ACMA to join the TIO scheme
• you are a member of a specified class of CSPs that the ACMA has determined must join the TIO scheme

These rules are in the Telecommunications (Consumer Protection and Service Standards) Act 1999.

You are not required to join the TIO scheme if you are not a carrier or CSP. If you are unsure whether you are required to join the TIO scheme, you should seek independent legal advice.

Carriers and eligible CSPs can request an exemption from the requirement to join the TIO scheme. Exemption requests will be assessed on a case-by-case basis and must be made through our form.

When considering a request, we may consider:

• the extent to which you deal with residential customers in the supply of carriage services
• the extent to which you deal with proprietors of small businesses in the supply of carriage services
• the potential for complaints under the TIO scheme about services you provide

This list does not limit the matters to which the ACMA may consider. For example, the ACMA may consider if there is the potential for land access disputes under Schedule 3 of the Telecommunication Act 1997.  We may also consider information contained within a carrier licence application when assessing a request for exemption from a carrier. We will also consult with the TIO before deciding.

Any exemption declared by the ACMA may be revoked at any time if circumstances warrant it.

If you are unsure if you have a valid exemption request, you should seek independent legal advice. For other queries, you can email info@acma.gov.au.

A request that does not include the required information is incomplete and will not be processed by the ACMA.

In your request for exemption you must include:

• how you deal with residential customers or small businesses when supplying carriage services
• the number of residential and small business customers a part of your total customer base
• a brief description of the carriage services you supply
• examples of potential complaints under the TIO scheme about services you supply, including any wholesale carriage services
• detailed information on how you handle potential complaints about carriage services you supply

If you are a carrier, you must also:

• provide detailed information on your complaints handling processes for complaints and potential complaints resulting from land or building access activities you conduct as a carrier, under either schedule 3 of the Telco Act, or an agreement with the owner or occupier of the land or building

We monitor the industry and investigate telcos that break the rules.

If we have reason to believe that you should have joined the TIO scheme and failed to do so, we may commence an investigation.

If this is the case, we may take enforcement action against you. This could result in a formal warning, direction to comply, an infringement notice, or court proceedings.

We publish our enforcement outcomes on our website.