{"id":"F2019L01303","name":"Telecommunications (Consumer Protection and Service Standards) (National Relay Service Rules) Determination 2019","slug":"telecommunications-consumer-protection-and-service-standards-national-relay-service-rules-determinat","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440266,"registerId":"F2019L01303-fast-fetch-1775955958293","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Telecommunications (Consumer Protection and Service Standards) (National Relay Service Rules) Determination 2019","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\ntitle: Attachment A1 TCPSS Determination.docx\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nTelecommunications (Consumer Protection and Service Standards) (National Relay Service Rules) Determination 2019\n\nI, Paul Fletcher, Minister for Communications, Cyber Safety and the Arts, make the following Determination.\n\nDated 1 October 2019   \n\nPaul Fletcher\n\nMinister for Communications, Cyber Safety and the Arts\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Rules\n\n \n\n1  Name\n\n  This instrument is the Telecommunications (Consumer Protection and Service Standards) (National Relay Service Rules) Determination 2019.\n\n2  Commencement\n\n  This instrument commences the day after registration.\n\n3  Authority\n\n  This instrument is made under paragraph 16(2)(a) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in section 5 of the Act, including the National Relay Service.\n\n  In this instrument:\n\nAct means the Telecommunications (Consumer Protection and Service Standards) Act 1999.\n\nContractor means Australian Communications Exchange Limited ACN 003 044 899 who have contracted with the Commonwealth to provide Relay Services for the NRS.\n\nNRS means the National Relay Service.\n\npersonal information has the same meaning as in the Privacy Act 1988.\n\nRelay Services means the component of the NRS that the Contractor is required to provide under a contract with the Commonwealth.\n\nRepresentative means the Assistant Secretary of the Consumer Safeguards Branch of the Department, or any employee acting in that position from time to time.\n\nsensitive information has the same meaning as in the Privacy Act 1988.\n\nusers of the NRS includes specific categories of users or users of a particular service option of the NRS.  \n\n5  Rules\n\n(1)    Upon written request by the Representative, the Contractor must provide information, documents or copies of documents which relate to:\n\n(a)    users of the NRS and their contact details which could include, but is not limited to, name, telephone number, address and email address; and\n\n(b)    any agreement or arrangements with third parties that are providing goods or services used by users of the NRS to access the NRS;\n\nwithin the period and in the manner and form specified in the request.\n\n(2)    Without limiting subsection (1), a written request for information, documents and copies of documents may include a request for information, documents or copies of documents that contain personal information or sensitive information.\n\n(3)    Where the Contractor does not have in its possession the information or documents requested under subsection (1), the Contractor must take all reasonable steps to obtain the information or documents and provide these to the Representative within the period and in the manner and form specified in the request.\n\n(4)    Where information or documents requested by the Representative are subject to confidentiality restrictions, and there is no exception for disclosure required by law, the Contractor must take all reasonable steps to obtain a waiver of confidentiality. \n\n(5)    Upon written request by the Representative, the Contractor must clearly communicate, or arrange for a third party to clearly communicate, messages determined by the Representative about the NRS to users of the NRS.\n\n(6)    Without limiting subsection (5), the Representative may require messages to be delivered via SMS, email, letter or other format such as an announcement immediately following a connection to the NRS by a user of the NRS.\n\n(7)    The Contractor must take all reasonable steps to comply with any written direction or instruction issued by the Representative as that direction relates to the NRS.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument appears tightly focused on its original purpose: establishing specific operational rules for the NRS contractor to ensure government oversight and user communication capabilities. It has not expanded beyond this narrow administrative function."},"complexity_factors":["Very short instrument (only 7 sections, approximately 1.5 pages)","Minimal defined terms (only 7 definitions in section 4, most referencing external legislation)","No cross-references to other sections within the instrument itself","Simple conditional structure (basic 'if requested, then provide' logic)","No exceptions to exceptions or nested provisions","Straightforward command-and-control regulatory style","Single operational entity (one contractor) and single regulatory contact point (one Representative position)"],"plain_english_summary":"This instrument requires the company running Australia’s National Relay Service to comply with government directions, share user information (including personal and sensitive data) and seek missing or consented information when needed. It also lets the government mandate messages to NRS users by SMS, email, letter or call announcements. \n\nIt affects NRS users, the contracted operator (Australian Communications Exchange Ltd.) and the Department of Communications—boosting oversight of an essential accessibility service but raising privacy concerns for vulnerable users."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"False — the instrument exercises the power under paragraph 16(2)(a) of the Act (s3) to set procedural rules requiring the Contractor to provide documents, obtain waivers, communicate messages and follow directions (s5). It prescribes compliance and information‑provision obligations but does not amend Act definitions or expand the statutory scope of the National Relay Service as defined in the Act (see s4 references to the Act)."},"complexity_factors":["Named single contractor (ACEX) as the obliged party increases clarity but concentrates compliance obligations (Definitions, s4).","Wide information scope including personal and sensitive information creates privacy and compliance risk (s5(1)–(2)).","Obligation to take \"all reasonable steps\" and to obtain confidentiality waivers introduces factual, case‑by‑case judgement calls for the Contractor (s5(3)–(4)).","Broad discretion granted to the Representative to specify timing, manner, form and delivery of requests and messages (s5(1), s5(5)–(7)).","No detailed procedural limits, penalties or timelines in the Determination itself; reliance on external contract and Act for enforcement (s3, s4).","Multiple delivery formats (SMS, email, letter, announcement) increase operational choices and potential technical burden (s5(6))."],"plain_english_summary":"This Determination authorises the Department’s Representative to require the contracted National Relay Service provider (Australian Communications Exchange Ltd) to produce user contact data, agreements with third parties, and other documents, to obtain confidentiality waivers where needed, to send messages to NRS users, and to issue written directions about the NRS (ss3–5). The Contractor must take “all reasonable steps” to comply and therefore bears the compliance and information‑provision burden; the Representative controls timing, form and delivery (s5(1)–(7))."}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-consumer-protection-and-service-standards-national-relay-service-rules-determinat","history":"/api/acts/telecommunications-consumer-protection-and-service-standards-national-relay-service-rules-determinat/history","analysis":"/api/acts/telecommunications-consumer-protection-and-service-standards-national-relay-service-rules-determinat/analysis","conflicts":"/api/acts/telecommunications-consumer-protection-and-service-standards-national-relay-service-rules-determinat/conflicts","importantCases":"/api/acts/telecommunications-consumer-protection-and-service-standards-national-relay-service-rules-determinat/important-cases","documents":"/api/acts/telecommunications-consumer-protection-and-service-standards-national-relay-service-rules-determinat/documents"}}