Matt Thistlethwaite (Kingsford Smith, Australian Labor Party, Shadow Parliamentary Secretary for Foreign Affairs) Share this | Hansard source

I support the passage of this bill, the Telecommunications Legislation Amendment (Consumer Protection) Bill 2013. For any of those members of the public who have received a telemarketing call while they are making dinner at home or trying to put the kids to bed, these reforms are a welcome improvement to our consumer protection provisions relating to telecommunications in Australia.

Of course, the reforms contained in this bill were introduced by the former Labor government, and we support them in opposition. The amendments will enhance the operational efficiency of the Do Not Call Register, simplify the process for updating industry codes of practice, increase the transparency of processes to develop those industry codes and also provide greater clarity around the role of the Telecommunications Industry Ombudsman, its standards of operation and processes for regular review. Basically, these reforms strengthen the consumer protections available in the telecommunications industry, but they are not over the top. They do not go too far. They strike the right balance in ensuring that the privacy of Australian citizens is respected and protected whilst they are at home.

The objective of the Telecommunications Act is to promote an industry that is efficient, competitive and responsive to the needs of the Australian community. The act also aims to provide appropriate community safeguards and to regulate participants in this important industry. The amendments to the Do Not Call Register were prepared in response to feedback received by the department from the Australian Communications and Media Authority. These amendments enhance the operational efficiency of the register by clarifying the meaning of 'cause' in relation to the party responsible for making telemarketing calls and sending marketing faxes where third parties are carrying out the marketing activities. Under the current act, a person or a company cannot make a telemarketing call to an Australian phone number of a person who is registered on the Do Not Call Register. These provisions extend that.

There have been incidences reported of individuals contracting out that responsibility to companies who do not have a contractual obligation to abide by the provisions that restrain the person contracting out from calling people on the Do Not Call Register. Section 12 of this bill will prohibit persons or companies from entering into a contract with another party to make telemarketing calls where there is no provision in that contract for a party not to abide by the Do Not Call Register. Consumer protection in the telecommunications industry is of the utmost importance. With that in mind, the amendments contained in this bill are designed to enhance the capabilities of the ACMA to ensure that the Do Not Call Register is operating as intended.

This government has made it pretty clear that they have an agenda of pursuing a reduction in red tape, and on this particular industry they have often spoken of pursuing the Victorian model. The problem with this approach, however, is that it focuses solely on the cost while ignoring the social impacts of regulations. I and members on this side are hopeful that reasonable consumer protections that protect the privacy of Australian citizens, particularly in relation to telemarketing activities, are not whittled away by this reform and this process of reducing red tape.

The other two amendments in this bill relate to consumer protection. Telecommunications service providers have deficiencies. We have all heard of bill shock, roaming fees and poor consumer service and assistance. These are issues that the industry is aware of and, thankfully, the industry is committed to rectifying. The amendments in relation to consumer codes followed an extensive review of the processes of making those consumer codes. The amendments in this bill enable codes to be varied rather than needing to be remade holus-bolus, and that is supported by all the stakeholders. The revised amendment requiring submissions received to public consultation on code development are also supported by all the stakeholders. These changes will allow new issues and problems to be addressed quickly and efficiently through code management and amendment.

The role of the Telecommunications Industry Ombudsman is of course essential in providing an avenue for adequate recourse to consumers experiencing issues with their provider. However, the scheme has been sluggish in adapting to new issues and governance concerns. Many MPs receive complaints about the time it takes for the telecommunications ombudsman to deal with complaints and get responses to complaints to consumers. The greater clarity instilled by this bill around the role of the ombudsman will ensure that this organisation continues to operate effectively into the future and, importantly, provides more efficiency around responses to consumers.

The removal of red tape is a goal that we share, but it is important that this objective is not pursued at the expense of consumer protection. We implore those opposite to ensure that the balance that is struck with this bill and with these reforms introduced by Labor is not whittled away in any process being undertaken looking at red tape in Australia. I commend the bill to the House.

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