The document is a letter responding to a concern about Vodafone's billing practices. It summarizes that the Australian Government establishes the regulatory framework for telecommunications but does not intervene in companies' commercial operations. It notes that all contract terms must comply with the Australian Consumer Law and consumers can make complaints to the ACCC. The letter also discusses the Telecommunications Consumer Protections Code and refers the complainant to the Telecommunications Industry Ombudsman, which is handling their complaint. It provides information about the Government's ongoing review of telecommunications consumer safeguards.

1. 2 Phillip Law Street, Canberra ACT 2601, Australia
GPO Box 2154, Canberra ACT 2601, Australia
 telephone +61 (02) 6271 1000  website communications.gov.au  arts.gov.au
Ref No: MC19-005956
Mr Paul Brzeski
Via email: mail@paulbrzeski.com
29 August 2019
Dear Mr Brzeski
Vodafone billing concern
Thank you for your email of 14 August 2019 to the Minister for Communications, Cyber Safety
and the Arts, the Hon Paul Fletcher MP, regarding your concern about Vodafone’s billing practice
in relation to mobile phone handset charges. I am responding on behalf of the Minister.
The Australian Government’s role in the telecommunications regime is to establish the legislative and
regulatory framework within which service providers operate. This includes protections to enable
consumers to access reliable and affordable services. As telecommunications service providers are
private companies, the Government does not intervene in their day-to-day commercial operations or
direct them on such matters.
However, all terms and conditions of contracts must be clearly stated in any goods or service contract
entered into with a consumer and they must comply with the contract provisions of the Australian
Consumer Law (ACL). The ACL is contained in a schedule to the Competition and Consumer Act 2010
and is the legislation governing consumer protection and fair-trading in Australia.
The ACL includes specific requirements in relation to service provision which are enforced and
administered by the Australian Competition and Consumer Commission (ACCC) and also the
consumer protection agencies in each state and territory. The ACCC’s website at www.accc.gov.au
provides information on how the provisions of the ACL apply in practice to both consumers and
service providers. Should a consumer consider the ACL rules have been breached, they are
encouraged to raise the matter with the ACCC at www.accc.gov.au/contact-us/contact-the-
accc/report-a-consumer-issue.
As you are aware, the Telecommunications Consumer Protections Code (TCP Code) is a
telecommunications-specific consumer safeguard which provides benchmarks in relation to
service providers’ sales and service, contracts, billing, credit and debt management and complaint
handling. The TCP Code is designed to protect consumer rights and to make clear the obligations
of telephone and internet service providers.
The ACMA monitors industry compliance with the TCP Code and is empowered to direct providers
to comply with the TCP Code. The ACMA generally considers investigating potential non-compliance
with the TCP Code where there is evidence that broader systemic issues could be occurring, such as
those that could affect multiple customers or involve multiple suppliers. Further information is
available at www.acma.gov.au/Industry/Telco/Reconnecting-the-customer/TCP-code.

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I note that you have referred your concern to the Telecommunications Industry Ombudsman (TIO)
for consideration. The TIO Scheme is established under the Telecommunications (Consumer
Protection and Service Standards) Act 1999 (TCPSS Act). The TIO’s Terms of Reference which set
out the types of complaints it handles and how it handles them are available on its website at
www.tio.com.au/about-us/terms-of-reference-and-company-constitution. As the TIO is an
independent dispute resolution service, the Government does not intervene in the TIO’s
operations or decisions.
Your email to the Minister also refers to the Government’s current review of the existing
telecommunications consumer safeguards, including the TIO Scheme. Announced in April 2018,
the Consumer Safeguards Review is examining the protections needed so that consumers have
access to reliable telecommunications services, are able to exercise informed choice in selecting
their preferred services, are treated fairly by their service provider, and have access to an effective
complaints handling and redress scheme should things go wrong.
On 15 November 2018, the Government announced the first tranche of recommendations from
the review (Part A - Complaints Handling and Redress). These include reforms to strengthen the
TIO Scheme’s governance, operations and relationship with the ACMA. The recommendations also
look to improve the handling of customer complaints and enhance the transparency of complaints
data publication to drive improved customer service in the telecommunications industry.
The discussion paper for Part B of the review (Service Reliability) was also released on
15 November 2018 and the Department is now considering the submissions received. Part B of the
review is based on the fundamental principle that all Australians should be able to connect to, and
stay connected to, a reliable fixed service. The next part of the review (Choice and Fairness) will
look at choice and fairness in the retail relationship between the customer and their provider and
work is underway to progress this. Further information about the review, including the full report
and recommendations from Part A and also Part B discussion paper, is available on the
Department’s website at www.communications.gov.au/consumer-safeguards-review.
Thank you for bringing your concern to the Minister’s attention.
Yours sincerely
Kath Silleri
Assistant Secretary
Consumer Safeguards Branch