Process

Process

What do I need to do first?

Before we can help with a dispute, you have to give the toll road operator a chance to resolve things. Contact details for the toll road operators are:

In most cases, problems should be resolved with the first call or after a short discussion with the toll road operator. If you are not happy with the outcome, you should ask for your complaint to be referred to the toll road operator’s internal customer resolution team for further investigation.

We expect that toll road operators will have a high standard, responsive customer relations or complaints resolution service, committed to early resolution of enquires and complaints. Toll road operators should also have a documented and accessible process for assisting consumers facing financial hardship.

If you are still not happy with the outcome, you can then bring a dispute to the TCO.

The toll road operator must advise all consumers of their ability to contact the TCO, and provide our contact details, if an enquiry or complaint is unresolved. The TCO requires toll road operators to produce and provide written material, together with information on their website, for customers and road users about the existence and operation of the TCO.

What can you help with?

Generally, we can consider any complaint which has been unresolved by the toll road operator, except those listed below. Common complaints relate, but are not limited, to:

    1. account management, including the decision to refer non-payment matters to state authorities;
    2. billing and tolling;
    3. customer service;
    4. damage caused to a vehicle while travelling on an Eligible Toll Road; and
    5. incorrect information provided via the relevant toll road operator’s website.

What can’t you help with?

We cannot consider a Dispute:

  1. About an infringement notice or fine that has been issued by a state authority
  2. About facts or circumstances relating to a decision which is pending before, or has been determined by, any court
  3. where you (the consumer) commenced legal proceedings before the Dispute was lodged, except where the legal proceedings have been discontinued
  4. Where the same person brings a Dispute about the same events and facts as a Dispute previously dealt with by the TCO
  5. About the level of tolls, fees or charges fixed by toll road operators, except where these have been applied incorrectly by the relevant toll road operator
  6. About the classification of vehicle types, except where a toll, fee or charge has been applied incorrectly by the relevant toll road operator
  7. In relation to:
    • Roam and Roam Express (now Linkt) that arose before 1 August 2006
    • go via (now Linkt) that arose before 1 October 2011
    • E-Way and M5 South-West Motorway that arose before 12 April 2016
    • accounts with any toll road operator that is not a member of the TCO scheme  (including Eastlink or RMS e-Toll accounts)

The TCO cannot make recommendations or Determinations that would put a toll road operator in breach of:

  1. the applicable terms and conditions relating to use of the toll road,
  2. its concession deed or project deed (or other contractual agreements) with a state authority; or
  3. any laws.

What will happen when I make a complaint?

The full process for how TCO will deal with complaints is set out in our Terms of Reference. The information below is a snapshot of how the complaint will progress though.

What do I need to give you?

We will need your permission to investigate your complaint and enough information to get started. The easiest way to do this is to use the Complaint Form. See the ‘Make a Complaint‘ page for more details.

We might also ask you for more information as the complaint progresses.

What happens then?

Any new complaint will be acknowledged within 7 days and we will send your complaint to the toll road operator at the same time for a response.

Once we have their response, we will review it and ask you if it resolves your concerns. If we don’t think that it will, then we will help you understand the response and ask for any information that will help us understand the situation better.

Both you and the toll road operator will be given opportunity to properly explain your position. If we are unable to help you reach an agreement that you can all live with, then we will make a Determination which we will send to you and to the toll road operator.

Do I have to do what you say? 

You have the control after a Determination. If you like the outcome, you can accept it and it is binding on the toll road operator.

If you don’t like the outcome, we hope that you will receive the decision with goodwill and appreciate that, even if you do not get everything that you want, the process was fair and you can understand why the outcome was reached.

You do not have to accept the outcome though. The TCO process does not mean that you lose any of your legal rights to pursue other avenues of complaint or dispute resolution.