Document ID: chunk:federal_register_of_legislation:F2021C00265:reg:15
Version: federal_register_of_legislation:F2021C00265
Segment Type: reg
Provision Reference: reg 15
Character Range: 26187–28390

15  Complaint prioritisation, escalation and external dispute resolution

(1)          Where a consumer communicates to a carriage service provider:

           (a)          that they are dissatisfied with the response times that apply to the handling or management of their complaint; or

           (b)          that they reasonably want their complaint to be assessed and treated as an urgent complaint,

a carriage service provider must, within 5 working days where paragraph (a) applies, or 2 working days where paragraph (b) applies, after receiving that communication, advise the consumer about:

           (c)          its internal prioritisation process;

           (d)          its internal escalation process; and

           (e)          options for external dispute resolution, including the TIO.

(2)          Where a consumer:

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

           (b)          enquires about their options to pursue a complaint further,

a carriage service provider must, within 5 working days after receiving that communication, advise the consumer about:

           (c)          its internal escalation process; and

           (d)          options for external dispute resolution, including the TIO.

(3)          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.

(4)          A carriage service provider must not commence legal proceedings against a consumer that has the same subject matter as the complaint:

           (a)          while a complaint is being handled internally and for 7 working days after a consumer is advised of the outcome of their complaint; or

           (b)          while a complaint is being investigated by the TIO.