DomainName.edu.au - Policy 6: .edu.au Complaints Policy

1. Background

This document sets out policy on the handling of complaints made by registrants and other members of the public about the .edu.au Registrar for the closed .edu.au second level domain (2LD).
The Australian Information and Communications Technology in Education Committee (AICTEC) has decided that complaints made by registrants and others about the .edu.au Registrar should be handled through a two-tier process, namely:internal consideration and response to the complainant through a review process, administered by the .edu.au Registrar; and if the complainant is not satisfied;referral to AICTEC by the .edu.au Registrar. AICTEC would ask its specialist sub-committee, the .edu.au Domain Administration Committee (eDAC) to consider and respond to the complaint.

2. AICTEC's Jurisdiction to Handle Complaints

AICTEC's jurisdiction to handle complaints is limited to matters relating to the allocation and management of a domain name in the .edu.au domain space. This includes complaints about:
1. the registration of a domain name;
2. the renewal of a domain name;
3. the delegation/redelegation of a domain name;
4. the transfer of a domain name licence to another registrant; and
5. possible breaches of .edu.au Published Policy.
AICTEC does not have the jurisdiction to handle complaints about:
1. Internet access or email services;
2. web hosting, website management or website design services;
3. objectionable or offensive website content; and
4. possible breaches of the Telecommunications Act 1997, the Broadcasting Services Act 1992, the Trade Practices Act 1974, the Privacy Act 1988 or any other legislation. For complaints about matters listed in paragraph 2.2d), the relevant government authority should be contacted, such as the Australian Communications Authority (ACA), the Telecommunications Industry Ombudsman (TIO), the Australian Broadcasting Authority (ABA), the Australian Competition and Consumer Commission (ACCC), or the Office of the Privacy Commissioner.

3. How to make a Complaint

Before making a formal complaint, you must try to resolve the problem directly with the .edu.au Registrar, by following their complaints handling procedure. The .edu.au Registrar will initially refer the complaint to their Internal Review Officer. If the complaint/dispute is not settled, the complaint will be referred to the AICTEC Secretariat who will arrange for review and resolution. You must allow a reasonable period of time for the .edu.au Registrar to respond to your complaint. AICTEC will not investigate your complaint unless you have done so. You should keep a record of your dealings with the .edu.au Registrar, including copies of any correspondence, the names of customer support staff that you speak to and the key points discussed.
Having followed the internal complaints handling procedure through to completion, if you are not satisfied with the outcome you can make a complaint to AICTEC by downloading and completing the form at the top of this page.
Before making a complaint to AICTEC, you should collect any relevant supporting documentation, such as agreements, policies, emails and other correspondence with the .edu.au Registrar. Failure to do so may mean that AICTEC is unable to investigate your complaint for lack of evidence.
You should also think about what you want to achieve by making a complaint, having regard to the remedies available to complaints listed in paragraph 6.1. In some cases, even if your complaint is justified, there may be legal or technical reasons why AICTEC is unable to grant the remedy that you seek.
AICTEC reserves the right not to investigate a complaint that is frivolous, vexatious, abusive or offensive.

4. Complaints-handling Process

AICTEC will acknowledge receipt of your complaint and indicate the timeframe that you can expect a response. AICTEC will endeavour to resolve your complaint as quickly as possible, but if your complaint is complex it may take several weeks to resolve. If this is the case, AICTEC will keep you informed of the progress of your complaint.
On receipt of your complaint, AICTEC will request a response from the .edu.au Registrar involved. AICTEC will investigate your complaint based on the facts provided by both sides. AICTEC may seek further information from either side to assist with its investigation.
After conducting a full investigation, AICTEC will notify you in writing (usually by email) of the outcome of your complaint. You should be aware that AICTEC may determine that although you may have suffered inconvenience or disappointment, the .edu.au Registrar is not at fault.

5. Remedies available to Complainants

Depending on the circumstances of your complaint, AICTEC may take one or more of the following actions:
1. request the .edu.au Registrar to issue you with a full explanation and apology;
2. request the .edu.au Registrar to remedy their error and/or refund any payment for services not received;
3. request the .edu.au Registrar to amend the practice or procedure that led to your complaint;
4. notify the .edu.au Registrar that they are in breach of the Registrar Agreement with the Commonwealth, represented by the Department of Education, Science and Training (DEST), or an AICTEC Published Policy, and request them to immediately remedy the breach; or
5. refer your complaint to the relevant government authority.
If the .edu.au Registrar involved does not comply with AICTEC's request pursuant to paragraph 6.1a)-d), AICTEC may take the following action:
1. suspend or terminate its authorisation of education.au ltd as the .edu.au Registrar.
Please Note: AICTEC is not a government agency or statutory authority, therefore it does not have legislative power to impose fines or other penalties.