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TCP CODE 2024 REVIEW


Stage 2: Iterative drafting

Note: Note: Stage 2 Part 1 is now complete. Stage 2 Part 2 is now underway and can be located here. 

Once the initial information-gathering is complete, Code drafting will begin. A small industry working group (‘Drafting Committee’, or DC) will use information gathered through the first stages of the review to inform a first draft of the revised Code.

The Code will then be further developed and refined through an iterative drafting process with stakeholders regularly engaged to ensure that their individual issues and concerns are understood. Engagement will take place via a number of mechanisms, including:

  • regular Review Committee meetings,
  • deep engagement and liaison with an Independent Adviser (IA),
  • direct, one-on-one engagement between the Drafting Committee and individual stakeholders on issues of direct interest to that stakeholder,
  • report summaries made available online, and
  • opportunities for direct engagement with the IA.

Stage 2 Summary Reports

Update September 2023

Stage 1 of the TCP Code Review concluded in late August. Stage 2 has now commenced.

Review Committee Meeting 1, 5 September: Summary Report 

The first Review Committee (RC) meeting was held on Tuesday 5 September 2023. It was attended by senior representatives from ACCC, ACCAN, ACMA, Aussie Broadband, Department of Transport, Regional Development, Communications and the Arts, Optus, Telstra, the TIO, TPG Telecom, Twilio and Vocus. (see committee list)

Key issues discussed at the meeting included:

  • the role of the RC (primarily working constructively together to address ‘trickier’ issues that need to be resolved in order to create a practicable revised Code that delivers meaningful consumer outcomes)
  • issues of process and transparency. It was noted that:
    - a ‘key issue summary’ would be provided as an attachment to each meeting (and subsequently posted on the CA website) to provide an overview of all comments received on specific topics, with an initial indication of how the DC proposed managing each.
    Three topics were covered in the initial summary table: scope, definitions, accessibility. A link to the first summary report is available below.
    - the DC had considered numerous inputs to the review, including responses the discussion paper, public reports and statements from various stakeholders over the last 1-2 years.
  • a brief discussion about three issues:
    - scope and intent of the Code,
    - duplications of obligations set out in other legislation/regulation, and
    - payment methods.

There was also a brief discussion about the divergent views of stakeholders on privacy and record keeping issues.

These key issues were put to the Review Committee in a table as an addendum to the agenda (please refer below for access and details about this table).

RC meeting #1 Key Issues Table (3 Topics)

The table comprises:

  • the issue raised by stakeholders,
  • the suggested remedy proposed, and then
  • the drafting committee’s response and
  • what action item arose from it. 

Please see attached spreadsheet here: Key Issues Summary Table

Direct, one-on-one Engagement with Individual Stakeholders 

Communications Alliance has initiated meetings with individual stakeholders to discuss matters of direct interest to those stakeholders. The discussion log summarises key points of discussion: Stakeholder meeting, comment and discussion log.

Review Committee Meeting 2, 10 October: Summary Report

The second Review Committee meeting was held on Tuesday 10 of October 2023.

Seven key issues were discussed, with papers provided on six. These identified and analysed each issue and proposed how they might be addressed, for RC discussion. Issues discussed were:

  1. Provisions to provide protections for victims of domestic and family violence;
  2. The best way to balance privacy and record retention requirements;
  3. A new concept around “essential information”;
  4. Strengthened selling policies;
  5. Changes to credit assessment requirements;
  6. The Code’s scope and application; and
  7. Translation and languages requirements.

These issues were derived from the key issues table as addendum to the agenda and supporting papers (please refer below for access and detail).

RC meeting #2 Key Issues Table (4 topics)
The table includes the 4 topics:

  1. financial hardship;
  2. training/policies/vulnerable customers;
  3. privacy/Information retention/records; and
  4. advertising/Sales/CIS.

Please see attached spreadsheet here: Key Issues Summary Table #2

Review Committee Meeting 3, 1 November: Summary Report
The third Review Committee meeting was held on Wednesday 1st of November 2023.

Seven issue papers were provided; six for discussion and one (credit assessment) that was discussed without a paper at RC#2. These analysed each issue and proposed how they might be addressed, with updated, new or extended requirements proposed in relation to:
  1. vulnerable consumers (overarching);
  2. accessibility;
  3. customer contact & support;
  4. network coverage;
  5. disconnection issues; and
  6. code readability and measures of success.
The meeting was also provided the final key issues table summarising the last key issues raised in the initial information-gathering stage of the review.

RC meeting #3 Key Issues Table (5 topics)
The table includes the 5 topics:
  1. post sales support/customer service;
  2. billing & payment methods;
  3. credit/debt management/disconnection;
  4. complaint handling; and
  5. compliance monitoring.
Please see attached spreadsheet here: Key Issues Summary Table #3

RC Meeting #4
There was a meeting held on the 28th of November 2023 where the final draft package was presented to the RC.

Written input was received from RC and industry members. The DC collated and analysed the feedback in a stakeholder feedback comment log – available HERE.  Changes were made to the draft papers to reflect written and verbal feedback to accommodate comments where reasonable and achievable in the timeframe.

A comprehensive package comprising CA and it’s member’s definitive and agreed views on the TCP Code was submitted to ACMA on the 14th of December - available HERE.

RETURN TO MAIN PAGE: TCP CODE REVIEW 2024