This instrument is the Telecommunications (Carrier Licence Conditions - Telstra Corporation Limited) Amendment (Regional Service Information) Instrument 2021.

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	The day after this instrument is registered.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

This instrument is made under subsection 63(5) of the Telecommunications Act 1997.

4 Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Telecommunications (Carrier Licence Conditions - Telstra Corporation Limited) Declaration 2019

1 Section 4

Insert:

CSG service has the same meaning as in the CSG Standard when provided to a customer of the licensee but does not include a service the supply of which by the licensee is exempt from compliance with performance standards under section 18 of the CSG Standard.

CSG Standard means the Telecommunications (Customer Service Guarantee) Standard 2011.

fault or service difficulty, when used in relation to a CSG service, has the same meaning as in the CSG Standard.

quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.

Secretary means the Secretary of the Department.

2 After section 11

Insert:

11A Preliminary provisions for the purposes of sections 11B to 11F

Definitions

(1) In this section and in sections 11B, 11C, 11D, 11E and 11F:

another network means any telecommunications network other than a licensee network or the national broadband network.

appointment, when used in relation to a reportable service, means:

(a) an appointment for the connection of the service; or

(b) an appointment for the rectification of a fault or service difficulty in relation to the service.

authorised officer means a person covered by a notice given for the purposes of subsection (2).

complaint, when used in relation to a reportable service, means an expression of dissatisfaction made to the licensee in relation to the service or the complaints handling process itself where a response or resolution is expected by the customer (whether express or implied), but does not include:

(a) an initial call to request information or support or to report a fault or service difficulty in relation to the service, unless the customer advises the licensee that the customer wants the call to be treated as a complaint; or

(b) an issue that is the subject of legal action.

complaint category means any of the following kinds of complaints made in relation to a reportable service (including before it is connected):

(a) a complaint about delay in connecting a service;

(b) a complaint about a disconnection of a service not being processed;

(d) a complaint about a technician appointment;

(e) a complaint about unclear information provided at point of sale;

(f) any other complaint about sales or orders;

(g) a complaint about a fault (including no service, intermittent service or drop outs);

(h) a complaint about refund or credit owed;

(i) a complaint about credit management action;

(j) a complaint about billing or payment;

(k) a complaint about privacy or fraud issues;

(l) any other complaint about billing and accounts;

(m) a complaint about the licensee being uncontactable or difficult to contact.

contact means:

(a) a call by a person to a call centre; or

(b) an online chat session initiated by a person to an online chat support system; or

(c) an email or other message, or a series of emails or other messages in a chain of correspondence between a person and the licensee (including where one or more of those emails or other messages are generated by a form on the licensee’s website or other electronic system);

in relation to a reportable service (including before it is connected), in each case:

(d) where the call centre, chat system, message system or licensee’s email address is operated by or on behalf of the licensee as a formal channel to provide support or sales assistance in relation to reportable services (however described); and

(e) whether or not the call centre, chat system, message system or licensee’s email address is used for any other purpose of the licensee.

CSG geographic category means:

(a) urban areas; or

(b) major rural areas; or

(d) remote areas.

An expression used in this definition that is also used in the Telecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument (No. 1) 2011 has the same meaning as in that instrument.

exemption event means a set of circumstances beyond the control of the licensee that is covered by subsection 21(1) of the CSG Standard and to which the licensee is exempt (including provisionally exempt) under section 21 of that standard.

fixed‑line footprint means the areas of Australia where fixed‑line carriage services are supplied, available to be supplied, or proposed to be supplied or to be available to be supplied, to premises.

fixed wireless technology platform has the meaning generally accepted within the telecommunications industry.

initial reporting period means the period:

(a) beginning on 1 January 2019; and

(b) ending on 31 December 2021.

in‑place connection has the meaning given by item 101 of Schedule 1 to the CSG Standard.

kept, when used in relation to an appointment, means kept for the purposes of section 17 of the CSG Standard.

licensee network means a telecommunications network owned by the licensee, or a telecommunications network over which the licensee is in a position to exercise control. The question of whether the licensee is in a position to exercise control over a telecommunications network is to be determined in the same way as under section 577Q of the Act.

local access technology means any of the following:

(a) a licensee network, with the use of an optical‑fibre line to premises;

(b) a licensee network, with the use of a line to premises (other than an optical‑fibre line), but not with the use of high capacity radio concentrators;

(d) a licensee network, with the use of a fixed wireless technology platform, but not with the use of high capacity radio concentrators;

(e) a licensee network, with the use of a satellite;

(f) the national broadband network, with the use of a fixed wireless technology platform;

(g) the national broadband network, with the use of a satellite;

(h) another network, with the use of an optical‑fibre line to premises;

(i) another network, with the use of a line to premises (other than an optical‑fibre line);

(j) another network, with the use of a fixed wireless technology platform; or

(k) another network, with the use of a satellite.

mass outage event means an exemption event covered by paragraph 21(2)(b) or (c) of the CSG Standard.

missed, when used in relation to an appointment, means missed for the purposes of section 17 of the CSG Standard.

national broadband network has the same meaning as in the National Broadband Network Companies Act 2011.

relevant ESA means an ESA other than an ESA where all of the premises served by the ESA are within the fixed‑line footprint of the national broadband network.

relevant exemption means a provision of Part 3 of the CSG Standard (other than section 18 of that standard) under which the licensee is exempt (including provisionally exempt) from compliance with a performance standard in Part 2 of that standard.

reportable service means a CSG service (other than a fixed‑line carriage service supplied using the national broadband network) that is supplied, or has been requested to be supplied, within a relevant ESA.

required information: see subsections 11D(2) and 11E(2).

substantively engaged with: a contact in relation to a reportable service is substantively engaged with by the licensee when an individual operator first engages with the customer or proposed customer in relation to the substantive issue raised as part of the contact.

Note: A contact is not substantively engaged with by an operator merely because the operator has acknowledged the contact, such as by a reply email acknowledging receipt of the contact indicating an expected response timeframe, or by telling a caller that they will be placed on hold.

unique exemption event identifier, when used in relation to an exemption event, means:

(a) if the event is a mass outage event—the unique numeric or alphanumeric identifier displayed, for the purposes of subsection 25(3) of the CSG Standard, in the notice published in relation to the event under subsection 25(1) of that standard; or

(b) in any other case—a unique numeric or alphanumeric identifier for the event used by the licensee.

unique service identifier, when used in relation to a reportable service, means:

(a) if there is a telephone number for the service (including before it is connected)—the number; or

(b) if there is not a telephone number for the service—another unique numeric or alphanumeric identifier for the service that is not the same as any telephone number; or

(c) in any case—any other unique identifier for the service agreed by an authorised officer; or if there is no authorised officer—the Secretary.

Authorised officers

(2) The Secretary may, by written notice given to the licensee, designate an SES employee or acting SES employee in the Department as an authorised officer.

Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

11B Public information on names of relevant ESAs

(1) The licensee must make available on a public part of its website a system that enables a user of the website to readily identify the relevant ESA for a premises in Australia.

(2) Unless otherwise notified in writing by an authorised officer; or if there is no authorised officer—the Secretary, the system must be an automatic system that provides a user of the website that enters an address in Australia with:

(a) the name of the relevant ESA for the premises located at the address; or

(b) if there is not a relevant ESA for the premises—a statement to that effect and the reason(s) why there is no relevant ESA for the premises.

(3) The system must be first made available no later than the time at which the first report must be published for the purposes of subsection 11C(1).

(4) The system must not require the user to do any of the following things in relation to the provision of the information:

(a) pay a fee or charge;

(b) register with the system;

(5) The licensee must take all reasonable steps to ensure that:

(a) members of the public may access the system at any time of the day or night; and

(b) the system provides an immediate, or near‑immediate, response to a request for information.

11C Public reporting on certain CSG services in relevant ESAs

(1) The licensee must, within 28 days of the end of each quarter that begins immediately after the end of the initial reporting period, or a longer period after the quarter, approved, in writing by an authorised officer; or if there is no authorised officer—the Secretary, publish a report on its website for each relevant ESA containing the following information:

(a) the name of the relevant ESA;

(b) the number of reportable services supplied in the relevant ESA during the quarter;

(d) the average percentage of time during the quarter for which services mentioned in paragraph (b) were not affected by a fault or service difficulty;

(e) the number of reportable services supplied in the relevant ESA where:

(i) the service was connected during the quarter; and

(ii) there was an in‑place connection at the premises before the service was connected;

(f) the percentage of services mentioned in paragraph (e) that were connected within the timeframe (if any) required by the CSG Standard;

(g) the number of reportable services supplied in the relevant ESA where:

(i) the service was connected during the quarter; and

(ii) there was not an in‑place connection at the premises before the service was connected;

(h) the percentage of services mentioned in paragraph (g) that were connected within the timeframe (if any) required by the CSG Standard;

(i) the number of faults and service difficulties that affected, at any time during the quarter, any reportable services supplied in the relevant ESA;

(j) the number of faults or service difficulties mentioned in paragraph (i) divided by the number of reportable services supplied in the relevant ESA during the quarter;

(k) the number of faults and service difficulties mentioned in paragraph (i) that were rectified during the quarter;

(l) the percentage of faults and service difficulties mentioned in paragraph (i) that were rectified within the timeframe (if any) required by the CSG Standard;

(m) the number of appointments in relation to reportable services supplied, or proposed to be supplied, in the relevant ESA during the quarter, where the appointment:

(i) was scheduled to take place during the quarter; and

(ii) was not cancelled or rescheduled in accordance with Division 4 of Part 2 of the CSG Standard;

(n) the percentage of appointments mentioned in paragraph (m) that were kept by the licensee;

(o) the number of complaints made in relation to reportable services supplied, or proposed to be supplied, in the relevant ESA during the quarter.

Note: See the definition of kept in subsection 11A(1).

(2) The licensee must, within 28 days of the end of each quarter that begins immediately after the end of the initial reporting period, or a longer period after the quarter, approved, in writing by an authorised officer; or if there is no authorised officer—the Secretary, publish a report on its website containing the following information:

(a) the aggregate number of contacts received by the licensee in relation to all reportable services supplied, or proposed to be supplied, where:

(i) for a call made to a contact centre—the call was made during the quarter; or

(ii) for a chat session—the session was initiated during the quarter; or

(iii) for an email or other message or a series of emails or other messages in a chain of correspondence—the email or other message was an initial email or other message received during the quarter, or the chain of correspondence was not closed at the end of the quarter;

(b) the proportion of contacts mentioned in paragraph (a) that were substantively engaged with:

(i) for a call to a call centre or an online chat session—within 3 minutes of the start of the contact; or

(ii) for an email or other message or a series of emails or other messages in a chain of correspondence—within 2 working days of the start of the first email or message being received by or on behalf of the licensee.

(3) The licensee must take reasonable steps to ensure each report published in accordance with subsections (1) and (2) remains available on the licensee’s website for at least 5 years after it is first published.

11D Reporting to the ACMA and the Secretary on certain CSG services in relevant ESAs for the initial reporting period

Licensee to give reports to the ACMA and the Secretary (or an authorised officer)

(1) The licensee must, within 3 months of the end of the initial reporting period, give a report to the ACMA, and an authorised officer; or if there is no authorised officer—the Secretary, containing the required information in relation to each month within this period.

Information required to be included in reports

(2) The required information in relation to a month for a report under this section is the information in subsections (3) to (7).

(3) In relation to the month beginning on 1 January 2019, the first table must contain, for each relevant ESA:

(a) the name of the relevant ESA; and

(b) geographic coordinates identifying the boundaries of the relevant ESA as at the end of the month, in compliance with a standard or format (if any) notified to the licensee in writing by an authorised officer; or if there is no authorised officer—the Secretary.

(4) In relation to a month beginning on or after 1 February 2019, the first table must contain, for each relevant ESA:

(a) the name of the relevant ESA; and

(b) either:

(i) if the boundaries of the relevant ESA were established or changed during the month—geographic coordinates identifying the new or revised boundaries of the relevant ESA as at the end of the month; or

(ii) otherwise—a statement to the effect that the boundaries of the relevant ESA remained unchanged during the month.

(5) The second table must contain, for each relevant ESA, the total number of reportable services supplied during the month.

(6) The third table must contain, for each relevant ESA, the percentage of reportable services supplied during the month without any fault or service difficulty.

(7) The fourth table must contain, for each relevant ESA, the average availability of reportable services during the month, as a percentage of total possible available time in the applicable month.

11E Reporting to the ACMA and the Secretary on certain CSG services in relevant ESAs for the subsequent reporting period

Licensee to give reports to the ACMA and the Secretary (or an authorised officer)

(1) The licensee must, within 28 days of the end of each quarter that begins immediately after the end of the initial reporting period, give a report to the ACMA, and an authorised officer; or if there is no authorised officer—the Secretary, containing the required information in relation to each calendar month within the quarter.

Information required to be included in reports

(2) The required information in relation to a month for a report under this section is the information in subsections (3) to (12).

(3) In relation to a month beginning on or after 1 January 2022, the first table must contain, for each relevant ESA:

(a) the name of the relevant ESA; and

(b) either:

(ii) otherwise—a statement to the effect that the boundaries of the relevant ESA remained unchanged during the month.

(4) The second table must contain, for each reportable service supplied during the month:

(a) the unique service identifier of the service; and

(b) the name of the relevant ESA for the service; and

(d) the CSG geographic category for the area in which the service is supplied.

(5) The third table must contain, for each relevant ESA:

(a) the name of the relevant ESA; and

(b) for each CSG geographic category:

(i) the number of reportable services supplied to an area within the relevant ESA for the category during the month; and

(ii) the number of addresses of premises to which those services were supplied during the month.

(6) The fourth table must contain, for each relevant ESA:

(a) the name of the relevant ESA; and

(b) for each kind of local access technology:

(i) the number of reportable services supplied using the technology during the month; and

(ii) the number of addresses of premises to which these reportable services were supplied during the month.

(7) The fifth table must contain, for each request for the connection of a reportable service where the connection of the service was:

(a) completed during the month; or

(b) incomplete at the end of the month; or

the following information:

(d) the unique service identifier of the service;

(e) a statement of whether there was an in‑place connection at the premises or a new connection was required for a service to be provided;

(f) the CSG geographical category which applies to premises as relevant to the connection requirements under Division 2 of Part 2 of the CSG Standard;

(g) the date on which the connection of the service was first requested;

(h) the date by which connection of the service:

(i) is or was required under Division 2 of Part 2 of the CSG Standard; or

(ii) would have been required, disregarding any relevant exemption that applies to the timeframe for connection of the service;

(i) either:

(i) if paragraph (a) applies—the date on which connection of the service was completed, the number of working days (if any) taken to complete the connection, and the number of working days (if any) the connection exceeded the date by which connection of the service was required under Division 2 of Part 2 of the CSG Standard; or

(ii) if paragraph (b) or (c) applies—a statement to that effect;

(j) a statement as to whether the licensee complied with the connection requirements under Division 2 of Part 2 of the CSG Standard, and in the case of non-compliance, the reason(s) for this;

(k) what relevant exemption (if any) applies to the timeframe for connection of the service;

(l) if a relevant exemption applies because of an exemption event—the unique exemption event identifier for the event;

(m) if paragraph (c) applies—the reason(s) for the cancellation.

(8) The sixth table must contain, for each fault or service difficulty relating to a reportable service where the fault or service difficulty was:

(a) rectified during the month; or

(b) not rectified at the end of the month; or

the following information:

(d) the unique service identifier of the service;

(e) the CSG geographical category which applies to the premises as relevant to the connection requirements under Division 3 of Part 2 of the CSG Standard;

(f) the date on which the fault or service difficulty was first reported;

(g) the nature and cause of the fault;

(h) the date by which rectification of the fault or service difficulty:

(i) is or was required under Division 3 of Part 2 of the CSG Standard; or

(ii) would have been required, disregarding any relevant exemption that applies to the timeframe for rectification of the fault or service difficulty;

(i) either;

(i) if paragraph (a) applies—the date on which the fault or service difficulty was rectified, the number of working days (if any) taken to rectify the fault or service difficulty, and the number of working days (if any) the rectification exceeded the date by which rectification of the fault or service difficulty was required under Division 3 of Part 2 of the CSG Standard; or

(ii) if paragraph (b) or (c) applies—a statement to that effect;

(j) a statement as to whether the licensee complied with the rectification requirements under Division 3 of Part 2 of the CSG Standard, and in the case of non-compliance, the reason(s) for this;

(k) what relevant exemption (if any) applies to the timeframe for rectification of the fault or service difficulty;

(l) if a relevant exemption applies because of an exemption event—the unique exemption event identifier for the event;

(m) if paragraph (c) applies—the reason(s) why the fault or service difficulty was closed.

(9) The seventh table must contain, for each appointment in relation to a reportable service where the appointment:

(a) was scheduled to take place during the month; and

(b) was not cancelled, or rescheduled to take place after the end of the month, in accordance with Division 4 of Part 2 of the CSG Standard;

the following information:

(d) the CSG geographical category which applies to the premises as relevant to the appointment requirements under Division 4 of Part 2 of the CSG Standard;

(e) the appointment date;

(f) a statement as to whether the appointment was for:

(i) connection of the service; or

(ii) rectification of a fault or service difficulty in relation to the service;

(g) either:

(i) the time of the appointment; or

(ii) the start and end of the period of time in which the appointment is scheduled to occur;

(h) a statement as to whether the appointment was rescheduled and, if so, how many times, and the reason(s) for this;

(i) a statement as to whether the licensee kept or missed the appointment;

(j) a statement as to whether the licensee complied with the appointment requirements under Division 4 of Part 2 of the CSG Standard, and in the case of non-compliance, the reason(s) for this;

(k) either:

(i) the time the licensee attended the appointment; or

(ii) if the licensee did not attend the appointment—a statement to that effect.

Note: See the definitions of kept and missed in subsection 11A(1).

(10) The eighth table must contain, for each exemption event which affected some or all reportable services during the month:

(a) a statement as to whether the event is a mass outage event; and

(b) the unique exemption event identifier for the event; and

(d) the date on which the event first affected a reportable service; and

(e) if the event has ended—the date on which the event ended; and

(f) geographic coordinates identifying the boundaries of the geographic area of the event, in compliance with a standard or format (if any) notified to the licensee in writing by an authorised officer; or if there is no authorised officer—the Secretary; and

(g) the number of reportable services affected by the event; and

(h) the number of faults and service difficulties affecting services mentioned in paragraph (g) during the month; and

(i) the number of faults and service difficulties mentioned in paragraph (h) that were rectified during the month; and

(j) the percentage of faults and service difficulties mentioned in paragraph (i) that were rectified within the timeframe that would have been required by the CSG Standard, disregarding the relevant exemption that applied to the timeframe for rectification of the fault or service difficulty; and

(k) the number of requests for the connection of a reportable service within the area affected by the event at any time during the month; and

(l) the number of requests mentioned in paragraph (k) for which the service was connected during the month; and

(m) the number of requests mentioned in paragraph (k) for which the service was not connected during the month; and

(n) the percentage of services mentioned in paragraph (l) that were connected within the timeframe that would have been required by the CSG Standard, disregarding the relevant exemption that applied to the timeframe for connection of the service.

(11) The ninth table must contain, in relation to each of the following kinds of contacts received from customers or proposed customers in relation to reportable services:

(a) calls made during the month to a contact centre;

(b) chat sessions initiated during the month;

(c) emails or other messages received during the month, including initial emails or other messages and a series of emails or other messages in a chain of correspondence;

the following information:

(d) the number of contacts received;

(e) the number of contacts substantively engaged with by the licensee:

(i) for a call to a call centre or an online chat session—within 3 minutes of the start of the contact;

(ii) for an email or other message or a series of emails or other messages in a chain of correspondence—within 2 working days of the start of the first email or other message (as applicable) being received by or on behalf of the licensee;

(f) the number of contacts where the licensee did not substantively engage with the contact:

(i) for calls to a call centre or an online chat sessions—before the contact was disconnected or closed;

(ii) for an email or other message or a series of emails or other messages in a chain of correspondence—within 2 working days of the start of the first email or other message being received by or on behalf of the licensee;

(iii) for an email or other message or a series of emails or other messages in a chain of correspondence—where the licensee did not substantively engage in any way with the first email or other message;

(g) in relation to contacts mentioned in paragraphs (a), (b) and (c), the average time between when the contacts are first received by the licensee and when those contacts are first substantively engaged with by the licensee;

(h) in relation to contacts mentioned in subparagraph (f)(i), the average time between when the contacts are first received by the licensee and when those contacts are disconnected or closed;

(i) in relation to contacts mentioned in paragraph (a), (b) and (c), the average duration of those contacts measured from the time they are substantively engaged with until the contact is concluded;

(j) in relation to contacts mentioned in paragraph (a), (b) and (c), the percentage of those contacts for which the query or issue raised during the initial contact was resolved:

(i) for calls to a call centre or an online chat sessions—during that call or chat session;

(ii) for an email or message or a series of emails or messages in a chain of correspondence—by the first substantive reply by or on behalf of the licensee in relation to the query or issue;

(k) in relation to contacts mentioned in paragraphs (a), (b) and (c), the number of contacts with which the licensee had not substantively engaged at any time during the month, that are to be carried over into the following month.

(12) The tenth table must contain, for each complaint made by a customer or proposed customer of a reportable service in relation to the service where the complaint was:

(a) resolved during the month; or

(b) unresolved at the end of the month; or

the following information:

(d) the unique service identifier of the service;

(e) the date the complaint was made;

(f) either:

(i) if paragraph (a) applies—the date on which the complaint was resolved; or

(ii) if paragraph (b) or (c) applies—a statement to that effect;

(g) the complaint category for the complaint;

(h) if paragraph (c) applies—the reason(s) why the complaint was closed.

11F Form and manner of reports to be provided under sections 11D and 11E

(1) A report under sections 11D and 11E must be provided by the licensee:

(a) in .xlsx format, or another electronic format approved, in writing, by an authorised officer; or if there is no authorised officer—the Secretary; and

(b) in a single electronic file to the extent reasonably practicable to do so; and

(c) using a separate table (whether in a separate worksheet, file or equivalent) for each set of required information in relation to:

(i) a month covered by the report; and

(ii) if the report is provided under section 11D—one of subsections (3) to (7) of that section; or

(iii) if the report is provided under section 11E—one of subsections (3) to (12) of that section; and

(d) with the required information being in a form that is commonly understood and is readily machine readable; and

(e) using clearly labelled headings; and

(f) including a glossary of any abbreviations and acronyms used (if applicable); and

(g) using electronic communication; and

(h) if a particular form of electronic communication, and a particular address to which that communication must be addressed, is notified in writing to the licensee by any of the ACMA, an authorised officer; or if there is no authorised officer—the Secretary (a report recipient)—by being sent to the report recipient using that form of communication sent to that address.

3 Subsection 14(1) (definitions of CSG service, fault or service difficulty and quarter)

Repeal the definitions.

4 Item (1A) of Schedule 1

Repeal the item.