Position description. Organisation overview. Team overview. Senior Conciliator and Investigator

Transcription

1 Position description Position Functional Area Reporting to Senior Conciliator and Investigator Dispute Resolution - Operations Dispute Resolution Specialist Direct Reports None Classification Grade 4 TIO Values Integrity Collaboration Excellence Organisation overview The Telecommunications Industry Ombudsman (the TIO) offers a free and independent service for resolving complaints about telephone or internet services. Most complaints that come to the TIO are resolved between the parties. To resolve complaints, the TIO uses a wide range of dispute resolution techniques including conciliation and investigation. The TIO was established in 1993 and legislation requires telecommunications providers to join the scheme. The TIO is not for profit, and independent of the Government, telecommunications companies, and consumer groups. The TIO purpose is to provide an effective and efficient dispute resolution service for the telecommunications industry that complies with the Benchmarks for Industry based customer dispute resolution schemes. Achieving the purpose will contribute to enhanced community confidence in the telecommunications industry. The TIO has four key strategic goals: 1. To build an organisation that is sustainable, embraces change and focusses on our people and infrastructure. 2. To provide an independent dispute resolution service that is efficient and effective, but does not compromise integrity. 3. To collaborate and share knowledge with members and other stakeholders, and 4. To be known, respected and accessible. Team overview The Dispute Resolution Group comprises of staff who work with consumers and service providers to resolve disputes in a professional, effective and efficient way, having regard to the law, good industry practice and fairness in all the circumstances. Officers handle complaints in accordance with the TIO s jurisdiction, policies and procedures. The primary role of staff working within Dispute Resolution involves taking complaints and enquiries from the public, dealing with industry members and resolving disputes through conciliation, investigation and other alternative dispute resolution (ADR) methodologies. Complaint handling officers are supported by officers responsible for quality, data integrity and systems, process and knowledge management. 1

2 Position purpose The Senior Conciliator and Investigator conciliates and investigates complex complaints brought to the TIO, resolving them efficiently and effectively, applying relevant laws and codes and undertakes investigations into objections to land access activity, preparing draft decisions for the Ombudsman, under the supervision of a Dispute Resolution Specialist. As a senior team member in the Dispute Resolution Group, the Senior Conciliator and Investigator works closely with Dispute Resolution Specialists to coordinate and manage specific areas, including Reviews, land access objections, complex conciliations, quality assurance and delivery of training to staff. Working closely with other senior members of the Dispute Resolution Group, the Senior Conciliator and Investigator guides other staff with the subject matter of cases, ensuring that staff apply the applicable laws and code provisions and assisting Dispute Resolution Specialists with quality assurance for decisions made by staff to ensure decisions are sound and communicated clearly and effectively. Senior Conciliators and Investigators assist with training, including training forming part of the Graduate Certificate in Dispute Resolution (Industry) and regular case discussions. Key responsibilities Case Management Manage a caseload of complex complaint files Assist staff in investigating and conciliating difficult matters Conciliate complex disputes between consumers and their telecommunications providers, including multi-party conciliations Undertake investigations for unresolved and often complex cases by collecting and analysing evidence Prepare written decisions, applying the law, industry practice and the TIO s principles of independence and fairness Assist the Ombudsman in relation to objections to proposed low-impact facility activities by carriers, including conducting investigations and site visits and preparing decisions. Draft decisions for the Ombudsman, as required. Quality Assurance Provide mentoring, guidance, coaching and quality assurance for Dispute Resolution Officers and Senior Resolutions Officers to ensure that applicable laws and code provisions are correctly interpreted and applied in decision-making Work with Dispute Resolution Leaders to identify and address skill and knowledge gaps in Dispute Resolution Officers Assist Dispute Resolution Officers and Senior Resolutions Officers with more complex conciliations, including multi-party conferences Review letters and assessments prepared by Dispute Resolution Officers to ensure relevant law and industry practice has been correctly interpreted and applied Ensure adherence to the quality process, standards and the quality assurance framework Proactively contribute to initiatives that will improve consistency of performance and service, at TIO Innovation Lead and support individuals through business improvement changes, ensuring smooth transition and understanding of change drivers Encourage and enable people to identify opportunities to enhance and simplify dispute resolution processes Proactively contribute to initiatives to improve performance and consistency of performance at the TIO 2

3 Workplace Health and Safety Comply with all legislative requirements in respect to the Workplace Health and Safety. Including understanding the responsibilities and accountabilities you have towards to yourself and others in accordance with the legislation, TIO policies and procedures and in promoting a working environment consistent with these laws and guidelines. TIO Managers are responsible for ensuring that the workplace, including entering and exiting the workplace, is safe and without risk to health or safety, through preventing or minimising the exposure of people under their control to risk. TIO Managers are also responsible for maintaining a safe working environment, ensuring that safe work practices are in place and observed, and assisting in the rehabilitation of injured employees. Other Assist Dispute Resolution Specialists in the coordination and management of specific areas, including land access, jurisdiction, quality assurance and training, reviews of appealed decisions, systemic issues and quality assurance Assist in training staff in specific subject areas, including through convening and running case talks, Q & A sessions for new staff and in the TIO s Structured Learning Program, which leads to the Graduate Certificate in Dispute Resolution (Industry). Participate fully as a member of the Dispute Resolution Group and as part of the TIO. Person Specification Qualifications and experience Bachelor degree or higher in law or dispute resolution Demonstrated experience in preparing impartial written decisions or advices in relation to complex matters Experience or qualification in litigation, conciliation, mediation or arbitration. Experience in managing a caseload Desirable At least two years experience in alternative dispute resolution in an Ombudsman service or similar Certificate IV in Training and Assessment Graduate Certificate in Dispute Resolution (Industry) Experience in training adult learners in a vocational setting Experience in mentoring or coaching others Knowledge and skills Knowledge and skills Demonstrated understanding of and commitment to the principles of procedural fairness in decision making Demonstrated knowledge of and experience in mediation or conciliation practices Good understanding of the Australian Consumer Law and Privacy Act 1988 Experience in writing legal advices or decisions A good understanding of the principles of administrative review Outstanding written and verbal communication skills Ability to mentor and guide others Ability to read and interpret financial statements Computer literacy Desirable 3

4 Personal attributes An understanding of the telecommunications regulatory regime, including Schedule 3 to the Telecommunications Act 1997 Knowledge and understanding of the various industry codes that apply to the telecommunications sector Knowledge of the TIO s Terms of Reference and their application Ability to read and interpret technical information and plans Ability to read and interpret financial statements Experience in training and/or giving presentations to colleagues or others Administration and organisation Demonstrated understanding of the importance of accurate record keeping Commitment to consistency in approach, processes and application of policies/standards PC literacy including the effective use of the following applications: MS Word, MS Excel, Outlook, Internet and Intranet system. Inspires loyalty and trust: Excellent organisation skills, including the ability to manage competing priorities Ability to work independently to achieve deadlines Ability to handle challenging behaviours and situations and behaviour in a professional manner Demonstrated ability to work as a senior member of a team Ability to develop effective working relationships, both externally and internally, across all levels of the organisation. Agile and flexible: Accepts and responds to change in a positive and constructive manner Prioritises to effectively manage workload Proactively completes own tasks in the face of pressures and challenges. Demonstrates integrity: Hears all sides and listens with an open mind Is reasoned, transparent and consistent in decision making Delivers on commitments made. Collaborative and constructive: Strives to understand and efficiently respond to different stakeholder needs and perspectives Communicates openly, constructively and professionally Willing to help; values others knowledge and diversity. Committed to continuous improvement: Proactively seeks opportunities to make positive changes Takes responsibility for self-development Expects and enables others to grow and develop. Further considerations Confidentiality This position is bound by strict confidentiality requirements and must ensure that the confidentiality and privacy of the individual consumer and staff member is respected and maintained at all times. Any breach of confidentiality may result in dismissal. 4

5 Equal Opportunity The office of the TIO is an equal opportunity employer and promotes diversity, equality and a harassment free work place. Applications from people with a disability are encouraged. Conditions of Employment Term of Employment: 3 year maximum term contract Hours of Duty: Annual Leave: Personal Leave: A minimum of thirty-seven and one half (37.5) hours per week, between the hours of 9:00 am and 6:00 pm from Monday to Friday. Additional hours may need to be worked (including after office hours) from time-to-time to meet the requirements of the role. Part-time hours may be negotiated where the requirements of the role and the business needs can still be met. Twenty eight (28) days annual leave per annum (pro-rata). Ten (10) personal leave days per annum (pro-rata). Work Conditions The Senior Conciliator and Investigator is required to sit for extended periods of time and operate a computer which requires dexterity of hands and fingers to operate a computer keyboard, mouse, telephone and other devices and objects. The person must also be physically able to participate in and conduct training sessions, presentations and meetings. 5