TELCO INDUSTRY SUBMITS MAJOR REVISION OF TELECOMMUNICATIONS CONSUMER PROTECTIONS CODE -   FURTHER STRENGTHENING CONSUMER SAFEGUARDS

20 May 2025: Communications Alliance, the peak body of the telecommunications industry, has proposed a range of strengthened consumer safeguards in a revised Telecommunications Consumer Protections (TCP) Code.

The revised TCP Code has now been submitted to the regulator, the Australian Communications and Media Authority (ACMA), for its consideration for registration following an extensive public consultation process which commenced in May 2023.

“This major revision of the Telecommunications Consumer Protection Code is the most significant uplift in consumer safeguards ever proposed by the industry,” said Comms Alliance CEO Luke Coleman. “Telecoms services are an essential part of everyday life for all Australians, and telcos are expected to maintain the highest standards of business behaviour – this new Code will ensure that telcos uphold those high standards.

“There is a misconception that industry Codes are voluntary and self-regulated – nothing could be further from the truth. The ACMA will only register a Code if it considers that it provides appropriate enforceable consumer safeguards, and its development fulfilled mandatory consultation requirements – demonstrating that consideration was given to feedback raised during consultation. Once registered, the ACMA is then responsible for Code enforcement, with telcos subject to significant fines for non-compliance.”

“The TCP Code provides a safety net above a safety net. Not only are telcos required to conduct annual compliance checks run by the independent body, Communications Compliance (CommCom), but telcos are also subject to the numerous other consumer protection regulations including the Australian Consumer Law enforced by the Australian Competition and Consumer Commission (ACCC),” Mr Coleman said.

The updated Code responds to feedback from consumer groups, regulators, and industry over an extensive and iterative review period, with the latest round of public consultation having closed in February. Every submission has been reviewed, considered, and responded to in detail.

The submitted Code represents a substantial uplift from the current 2019 Code, providing a range of new and extended safeguards for telecommunications consumers on a range of issues not adequately captured by other instruments. These include:

Responsible selling: New and extended obligations to support and protect consumers in the sales process, including through rules about advertising, information and customer support provided pre- and post-sale, and affordability indicator checks, with specific protections from irresponsible sales at point of sale, and clear remedies in place where problems occur, including through mis-selling.

Consumers in vulnerable circumstances: A raft of new requirements to provide additional protections for consumers in vulnerable circumstances, including when managing a customer’s death, providing information about interpreter services, provision of plain-language information, and in digital accessibility.

Mobile coverage: New protections in relation to mobile coverage information and remedies should a customer find that their mobile network coverage is not as expected and does not meet their coverage requirements.

Payments, billing and customer account support: New requirements to ensure consumers have reasonable flexibility and choice in relation to how they pay for their telecommunications service - including a right to pay through a manual payment method, and to ensure they can easily verify charges, are reminded of upcoming direct debit payments, and can get account support in a timely manner.

Disconnection: Increased requirements help customers stay connected, complementing the Financial Hardship Standard, as well as protecting customers from disconnection due to credit management when affected by a natural disaster.

The updated TCP Code is complemented by other existing regulations enforced by ACMA, including the Telecommunications (Consumer Complaints Handling) Industry Standard, Telecommunications Financial Hardship Industry Standard and the in-development Standard for customers experiencing Domestic, Family, and Sexual Violence.

The updated draft Code, as submitted to the ACMA for consideration, complete with the comment log and other related documentation, is available on the CA website.