Codes of Practice

Q: What are codes?
A: The emphasis in the Telecommunications Act 1997 on promoting greater industry self-regulation has resulted in the introduction of a series of codes of practice for telecommunications companies. The Australian Communications Industry Forum (ACIF) has brought together working committees of industry members, consumer groups and regulators to develop these codes.

There are two types of codes: operational codes cover operational matters such as the way that industry players deal with processes between themselves, and consumer codes focus on practices between telecommunications providers and their customers.

The TIO has participated in ACIF working committees with particular emphasis on consumer codes.

Q: Do telecommunications providers have to comply with codes?
A: Codes are generally voluntary until a provider becomes a signatory to the code. However, under Part 6 of the Telecommunications Act 1997, if an ACIF code is registered by the Australian Communications and Media Authority (ACMA), ACMA has powers to issue warnings to providers about breaches of the code and to direct industry participants to comply with the provisions of a code. Visit ACMA’s website for more information regarding ACMA’s role and the register of industry codes.

The ACIF Code Administration and Compliance Scheme (CACS) also provides scope for industry participants to lodge complaints against each other. As the TIO does not have the jurisdiction to become involved in disputes between industry members, it is not able to deal with these types of complaints. Visit the Australian Communications Industry Forum (ACIF) website for further information.

Q: What is the TIO’s jurisdiction over code complaints?
A: Although the TIO’s role is to resolve complaints using alternative dispute resolution (ADR) techniques, industry codes can confer additional powers on the TIO. Under the Telecommunications Act, the Ombudsman can consent to deal with complaints about a code. The TIO will usually consent to deal with Consumer Codes only. However, it may also deal with operational/network codes if it believes this will improve consumer protection.

Q: How does the TIO handle code complaints?
A: The TIO uses codes as benchmarks of industry practice. Every time the TIO receives a complaint, it considers whether the provider in question has acted in accordance with any relevant code rules. If it appears that a code rule may have been breached, it will be recorded accordingly. Consequently, in addition to resolving an individual complaint, the TIO may notify a service provider that it believes it is not acting in accordance with code rules, and it may provide information regarding the code breaches it records to ACMA and ACIF.

Q: Which codes does the TIO deal with?
A: The following codes have been registered by ACMA, and the TIO has consented to the conferral of powers under the codes:

• Billing Code
• Calling Number Display Code
• Commercial Churn Code
• Complaint Handling Code
• Credit Management Code
• Customer Personal Information
• Customer Transfer Code
• Mobile Number Portability
• Prices Terms and Conditions Code
• Preselection Code
• Handling of Life Threatening and Unwelcome Calls
• Local Number Portability
• Priority Assistance for Life Threatening Medical conditions

Last updated: June 2005