Telco regulator cannot register out of touch industry code say consumer advocates
The Fair Call Coalition* of consumer advocates has written to the Australian Communications and Media Authority (ACMA) urging the Regulator to refuse to register the Telecommunications Consumer Protections (TCP) Code and instead support direct regulation of Australia’s telco industry.
“The Fair Call Coalition has been pushed to make this urgent call because the telco industry’s self-regulating Code has manifestly failed to protect consumers, especially those who are in vulnerable situations. It is out of step with community expectations and other essential services sectors like energy,” said Consumer Action Law Centre CEO, Stephanie Tonkin.
Ms Tonkin said Communications Minister, Michelle Rowland had taken some welcome steps in strengthening the ACMA’s enforcement ability to punish poor conduct by telcos towards their customers and introducing enforceable standards covering protections for people experiencing financial hardship, and domestic and family violence, but the time has come to turn the page on the Code.
“We continue to hear from callers to our frontlines of egregious examples of telco mis-selling and harm due to poor sales practices and credit assessment requirements. The low standard of consumer protections in many areas of the Code has not changed and its time this Code was thrown in the bin and direct regulation implemented,” she said.
“Without fundamentally changing the Code to introduce appropriate community safeguards and overriding the influence that the telco industry has under the Telecommunications Act’s co-regulatory model, the Code will never meet the standard expected for the ACMA to register it. Telecommunications are an essential service and need to be regulated as such. The community expects telcos to put customers -particularly those in vulnerable situations- first.”
Quote attributable to Peter Gartlan, Co-CEO of Financial Counselling Australia (FCA)
“Everyone needs access to telecommunications services – they are an essential part of everyday life. Financial counsellors support clients who don’t have access to appropriate hardship when things get rough or have unaffordable debt due the bad sales practices of telcos. They deserve adequate protection, and a self-regulating code just doesn’t cut it.”
Quote attributable to Patricia Sparrow, CEO of Council of the Aging (COTA) Australia,
“Telecommunications are an essential service, yet too many Australians – including many older people – have been forced to deal with poor protection, unfair costs and inadequate support when things go wrong. We need strong enforceable protections to ensure everyone is protected.”
Quote attributable to Bush Money Mob Managing Director, Alan Gray,
“Our remote financial counselling agency is seeing mistreatment by major telcos in 2025 that’s just as bad as before Telstra were fined $50million in 2021. And the ‘new’ TCP Code fudges the difference between credit assessments and affordability assessments. This allows telcos to keep ripping off remote Aboriginal people, then calling it financial hardship instead of unconscionable conduct.”
Quote attributable to Peter McNamara, CEO of South East Community Links,
“Phones are an essential service and necessity. At South East Community Links, we see thousands of people falling into hardship due to poor sales practices and the profiteering off vulnerable individuals. The current code is useless! “
ENDS
*The Fair Call Coalition is made up of 22 consumer advocacy organisations from throughout Australia
Media contact: Mark Pearce mark@consumeraction.org.au Tel: 0413 299 567
