Telecommunications Law & Lawyers

The ‘communications power’ of the Australian Constitution (s. 51(v)) gives the Commonwealth Parliament the power to regulate telecommunications in Australia. In 2005 Parliament created the Australian Communications and Media Authority (ACMA) was created to regulate broadcasting, the Internet, radiocommunications and telecommunications.

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As the primary regulator of telecommunications in Australia, the ACMA exercises powers under the following legislation:

• Telecommunications Act 1997,
• Telecommunications (Consumer Protection and Service Standards) Act 1999 and -Radiocommunications Act 1992

Under the Telecommunications Act 1997, the ACMA is responsible for regulating customer equipment and customer cabling.

The ACMA administers industry self-regulatory arrangements based on compliance with applicable standards and labelling. These regulatory arrangements aim to ensure that items meet minimum mandatory technical standards and are appropriately labelled before they are connected to a telecommunications network.

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The technical standards aim to:

• protect the personal health and safety of users and operators of telecommunications networks
• protect the integrity of the telecommunications networks ensuring interoperability with telecommunications networks for the
  supply of a standard telephone service
• ensure access to emergency call services.

The ACMA's role also includes:

• encouraging development of codes of practice and industry standards for the telecommunications industry, and
• registering and monitoring compliance with such codes
• providing advice and information to consumers about their rights and safeguards
• undertaking research into phone usage
• liaising with relevant overseas bodies and actively participating in international standardisation activities.

The Telecommunications Industry Ombudsman

The TIO is authorised to investigate complaints about the connection or supply of telephone or internet services. The general role and powers of the TIO are included in the Telecommunications (Consumer Protection and Service Standards) Act 1999.

The TIO aims to settle disputes quickly in a fair, objective and non-bureaucratic way, having regard not only to the law and to good industry practice, but also to what is fair and reasonable in all the circumstances.

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The TIO has jurisdiction to receive, investigate and facilitate the resolution of complaints where the complaint is about:

• telecommunications services ("carriage services")
• billing of content services
• access to or use of land by a carrier
• billing for carriage services, or
• providing or supplying (or failure to provide or supply) carriage services.

The last point mentioned above, can include complaints about:

• the standard telephone service
• mobile services
• internet services
• pay-phones
• delays in telephone and internet connections
• printed and electronic White Pages
• fault repairs
• privacy
• access to or use of land by a carrier, or
• compliance with the Customer Service Guarantee Standard or industry Codes of Practice.

The TIO cannot handle complaints concerning:

• the setting of tariffs and charges
• privately-owned telecommunications equipment, other than the rented handset -supplied with a basic phone service and telecommunications equipment sold as a -part of a bundled contract
• cabling, except cabling up to the first telephone socket in a premises
• matters of telecommunications policy
• the 000 emergency service
• anti-competitive behaviour or restrictive business practices, or
• the content of ‘information services’, eg. 1900 numbers and internet content.

Powers of the TIO

The TIO has the authority to make Binding Decisions up to the value of $30,000, and Recommendations up to the value of $85,000.  For complaints received by the TIO before 1 May 2010 the TIO has the authority to make Binding Decisions up to the value of $10,000, and Recommendations up to the value of $50,000. Binding Decisions are legally binding upon the telecommunications company.

If you require legal help regarding any aspect of telecommunications law, then please complete your free legal enquiry form on the right, or click here.

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