{"id":"F2023L01189","name":"Telecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument 2023","slug":"telecommunications-customer-service-guarantee-retail-performance-benchmarks-instrument-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442072,"registerId":"F2023L01189-fast-fetch-1775957184859","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Telecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\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 (Customer Service Guarantee – Retail Performance Benchmarks) Instrument 2023\n\nI, Michelle Rowland, Minister for Communications, make the following instrument.\n\nDated 31 August 2023    \n\nMichelle Rowland\n\nMinister for Communications\n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Schedules\n\n6  Location-specific thresholds\n\n7  Repeal\n\nPart 2—Retail Performance Benchmarks\n\nDivision 1 Performance benchmarks\n\n8  Performance benchmarks for connection period performance standard\n\n9  Performance benchmarks for rectification period performance standard\n\n10  Performance benchmark for appointment‑keeping performance standard\n\nDivision 2 Compliance with performance benchmarks\n\n11  Contravention of a performance benchmark\n\nSchedule 1— Repeals 7\n\nPart 1—Preliminary\n\n1  Name\n\n  This instrument is the Telecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument 2023.\n\n2  Commencement\n\n  This instrument commences on the day after this instrument is registered.\n\n3  Authority\n\n  This instrument is made under subsection 117B(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.\n\n4  Definitions\n\n (1) In this instrument:\n\nAct means the Telecommunications (Consumer Protection and Service Standards) Act 1999.\n\nACMA means the Australian Communications and Media Authority.\n\nappointment‑keeping performance standard means the standard specified in the CSG standard that requires a carriage service provider to keep an appointment to which the provider is a party.\n\ncarriage service provider has the same meaning as section 87 of the Telecommunications Act 1997.\n\nconnection period performance standard means in respect of an in-place connection request or a new connection request (as applicable):\n\n(a)  the standard specified in the CSG Standard for connection in the relevant guaranteed maximum connection period; or\n\n(b)  if an arrangement in the CSG Standard providing for a connection period that is either shorter or longer than the guaranteed maximum connection period is in place – the standard provided by that arrangement.\n\nCSG service has the same meaning as in the CSG Standard.\n\nCSG Standard means the instrument made under sections 115, 117 and 120 of the Act, as in force from time to time.\n\nin-place connection means an “in-place connection” as described in the CSG Standard.\n\nin-place connection request means a request made by a customer to a carriage service provider for connection of a CSG service at a site that has an in-place connection.\n\nmajor rural area means an urban centre or other recognised community grouping with a population greater than 2,500 but less than 10,000 people. \n\nminor rural area means an urban centre, locality or other recognised community grouping with a population of greater than 200 but not more than 2,500 people.\n\nnew connection request means a request made by a customer to a carriage service provider for connection of a CSG service at a site that does not have an in-place connection and that site is in close proximity to external plant and facilities that have sufficient capacity to supply the service.\n\nnew CSG standard means the legislative instrument made by ACMA subject to the direction in section 6 of the Telecommunications (Customer Service Guarantee) Direction 2023.\n\nqualifying carriage service provider means in respect of a benchmark period, a carriage service provider that on the last day of the financial year preceding that benchmark period, supplied 100,000 CSG services or more where the carriage service provider was obliged to comply with any one or more of the performance standards in respect of the carriage service provider’s supply of those CSG services.\n\nrectification period performance standard means in respect of a fault or service difficulty reported to a carriage service provider by a customer (as applicable):\n\n(a)  the standard specified in the CSG Standard for rectification in the relevant guaranteed maximum rectification period; or\n\n(b)  if an arrangement in the CSG Standard providing for a rectification period that is either shorter or longer than the guaranteed maximum rectification period is in place – the standard provided by that arrangement.\n\nremote area means a geographic area which is not an urban area, major rural area or minor rural area. \n\nrural area means an area that is either a major rural area or a minor rural area.\n\nurban area means an urban centre with a population equal to or greater than 10,000 people.\n\n (2) Unless the contrary intention appears, expressions used in this instrument and in the CSG Standard have the same meaning in this instrument as in the CSG Standard.\n\n (3) For the purposes of this instrument, each of the following is taken to be a benchmark period:\n\n (a) the financial year in which this instrument commences; and\n\n (b) each financial year following.\n\n5  Schedules\n\nEach 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.\n\n6  Location-specific thresholds\n\nFor the purposes of this instrument, a qualifying carriage service provider for a benchmark period meets the relevant threshold as specified in paragraphs (a) – (e) below where the following circumstances (as applicable) are satisfied: \n\n(a)    the urban area services threshold for that benchmark period if, on the last day of the financial year preceding that benchmark period, the carriage service provider supplied 10,000 CSG services or more in urban areas where the carriage service provider was obliged to comply with any one or more of the performance standards in respect of the carriage service provider’s supply of those CSG services;\n\n(b)    the major rural area services threshold for a benchmark period if, on the last day of the financial year preceding that benchmark period, the carriage service provider supplied 1000 CSG services or more in major rural areas where the carriage service provider was obliged to comply with any one or more of the performance standards in respect of the carriage service provider’s supply of those CSG services;\n\n(c)    the minor rural area services threshold for that benchmark period if, on the last day of the financial year preceding that benchmark period, the carriage service provider supplied 1000 CSG services or more in minor rural areas where the carriage service provider was obliged to comply with any one or more of the performance standards in respect of the carriage service provider’s supply of those CSG services;\n\n(d)    the rural area services threshold for that benchmark period if, on the last day of the financial year preceding that benchmark period, the carriage service provider supplied 1000 CSG services or more in rural areas where the carriage service provider was obliged to comply with any one or more of the performance standards in respect of the carriage service provider’s supply of those CSG services; or\n\n(e)    the remote area services threshold for that benchmark period if, on the last day of the financial year preceding that benchmark period, the carriage service provider supplied 500 CSG services or more in remote areas where the carriage service provider was obliged to comply with any one or more of the performance standards in respect of the carriage service provider’s supply of those CSG services.\n\n7 Repeal  \n\nThis instrument is repealed the day after the end of the period of 36 months beginning on the day the new CSG standard ACMA made in accordance with the Telecommunications (Customer Service Guarantee) Direction 2023 commences.\n\n \n\n \n\nPart 2—Retail Performance Benchmarks\n\nDivision 1 Performance benchmarks\n\n8  Performance benchmarks for connection period performance standard\n\n (1) Each of the benchmarks at subsections (2) and (3) are minimum benchmarks for the purposes of section 117B of the Act in relation to compliance by carriage service providers with the connection period performance standard.\n\n (2) A qualifying carriage service provider must comply with the connection period performance standard in respect of at least 90 percent of the total number of in‑place connection requests that:\n\n (a) are subject to the connection period performance standard; and\n\n (b) are required to be complied with by the carriage service provider during a benchmark period.\n\n (3) A qualifying carriage service provider must comply with the connection period performance standard in respect of at least 90 percent of:\n\n (a) if the carriage service provider meets the urban area services threshold for a benchmark period—the total number of new connection requests from customers in urban areas that:\n\n (i) are subject to the connection period performance standard; and\n\n (ii) are required to be complied with by the carriage service provider during the benchmark period; and\n\n (b) if the carriage service provider meets the major rural area services threshold for a benchmark period—the total number of new connection requests from customers in major rural areas that:\n\n (i) are subject to the connection period performance standard; and\n\n (ii) are required to be complied with by the carriage service provider during the benchmark period; and\n\n (c) if the carriage service provider meets the minor rural area services threshold for a benchmark period—the total number of new connection requests from customers in minor rural areas that:\n\n (i) are subject to the connection period performance standard; and\n\n (ii) are required to be complied with by the carriage service provider during the benchmark period; and\n\n (d)  if the carriage service provider meets the remote area services threshold for a benchmark period—the total number of new connection requests from customers in remote areas that:\n\n (i) are subject to the connection period performance standard; and\n\n (ii) are required to be complied with by the carriage service provider during the benchmark period.\n\n9  Performance benchmarks for rectification period performance standard\n\n(1) Each of the benchmarks at subsection (2) are minimum benchmarks for the purposes of section 117B of the Act in relation to compliance by carriage service providers with the rectification period performance standard.\n\n(2) Subject to subsection (3), a qualifying carriage service provider must comply with the rectification period performance standard in respect of at least 90 percent of:\n\n (a) if the carriage service provider meets the urban area services threshold for a benchmark period—the total number of faults or service difficulties reported by customers located in an urban area that:\n\n (i) are subject to the rectification period performance standard; and\n\n (ii) are required to be rectified by the carriage service provider in the benchmark period; and\n\n (b) if the carriage service provider meets the rural area services threshold for a benchmark period—the total number of faults or service difficulties reported by customers located in a rural area that:\n\n (i) are subject to the rectification period performance standard; and\n\n (ii) are required to be rectified by the carriage service provider in the benchmark period; and\n\n (c) if the carriage service provider meets the remote area services threshold for a benchmark period—the total number of faults or service difficulties reported by customers located in a remote area that:\n\n (i) are subject to the rectification period performance standard; and\n\n (ii) are required to be rectified by the carriage service provider in the benchmark period.\n\n(3)    In assessing compliance with the rectification period performance standard at paragraphs (2)(a) to (c), faults or service difficulties relating to an inoperative enhanced call handling feature on services that include an enhanced call handling feature are to be excluded from calculations required to be undertaken of the total number of faults or service difficulties reported by customers in either an urban, rural or remote area. \n\n10  Performance benchmark for appointment‑keeping performance standard\n\n (1) The benchmark at subsection (2) is a minimum benchmark for the purposes of section 117B of the Act in relation to compliance by carriage service providers with the appointment‑keeping performance standard.\n\n (2) A qualifying carriage service provider must comply with the appointment‑keeping performance standard in respect of at least 90 percent of the total number of appointments to which the carriage service provider is a party that:\n\n  (a) are subject to the appointment‑keeping performance standard; and\n\n  (b) are required to be kept by the carriage service provider during a benchmark period.\n\n \n\n \n\nDivision 2 Compliance with performance benchmarks\n\n11  Contravention of a performance benchmark\n\nEach instance of a carriage service provider failing to meet or exceed any one of the performance benchmarks in sections 8, 9 or 10 constitutes a separate contravention of the relevant performance benchmark.\n\nSchedule 1— Repeals  \n\nTelecommunications (Customer Service Guarantee – Retail Performance Benchmarks) Instrument (No. 1) 2011\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n\n \n\n \n","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument maintains the same scope as its predecessor (the 2011 instrument it repeals) — setting retail performance benchmarks for large telcos under the Customer Service Guarantee framework. It is explicitly temporary (36-month sunset) and designed to bridge to a new permanent standard, rather than expanding into new regulatory territory."},"complexity_factors":["18 defined terms in section 4, many cross-referencing the separate 'CSG Standard' instrument","Nested conditional logic: benchmarks only apply to 'qualifying carriage service providers' (100,000+ services), which then triggers location-specific thresholds (500-10,000 services depending on area type)","Geographic categorisation system with five distinct area types (urban, major rural, minor rural, rural composite, remote) requiring separate calculations","Sunset clause with conditional trigger (repeal 36 months after commencement of separate 'new CSG standard' yet to be made)","Single explicit exception in section 9(3) excluding 'inoperative enhanced call handling features' from fault calculations","Cross-references to three separate legislative instruments: the parent Act (1999), the CSG Standard, and the Telecommunications (Customer Service Guarantee) Direction 2023"],"plain_english_summary":"This law imposes temporary minimum customer-service targets on large phone and internet providers (those with 100,000+ services), requiring them to meet 90% on-time rates for new connections, fault repairs, and scheduled appointments across urban, rural, and remote areas. It preserves service quality during transition to a new ACMA Customer Service Guarantee, repeals the 2011 benchmarks, and automatically ends about three years after a permanent standard takes effect."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The instrument expressly repeals the 2011 Retail Performance Benchmarks instrument (Schedule 1) and replaces it with a new, numerically specified regime: 90% minimum benchmarks for connection, rectification and appointment‑keeping (ss8–10); new definitions of qualifying carriage service provider based on prior year volumes and location‑specific thresholds (s4, s6); an exclusion for enhanced call‑handling faults in rectification calculations (s9(3)); and a time‑limited repeal tied to commencement of ACMA’s new CSG standard (s7). These changes narrow compliance to identified qualifying providers and add area‑specific measurement rules."},"complexity_factors":["Cross‑references to the CSG Standard and ACMA instruments, requiring alignment with external legislative instruments (see ss4, 5).","Qualification rules based on historical service volumes and location‑specific service thresholds (definition of qualifying carriage service provider; s6).","Multiple, parallel benchmarks (connection, rectification, appointment‑keeping) each with a 90% minimum but differing population/area calculations (ss8–10).","Distinct counting rules by area categories (urban, major/minor rural, remote) and separate obligations where area thresholds are met (ss4 definitions, 6, 8(3), 9(2)).","An exclusion for faults tied to inoperative enhanced call handling that changes rectification metrics (s9(3)).","Temporal benchmark periods measured by financial year and an automatic repeal trigger linked to ACMA’s new CSG standard (s4(3), s7).","Each instance of non‑compliance treated as a separate contravention, increasing enforcement granularity and potential administrative burden (s11).","Repeal of the 2011 instrument and replacement structure may require operational and reporting changes for providers formerly governed by the prior instrument (Schedule 1)."],"plain_english_summary":"This instrument replaces the prior retail benchmarks and sets minimum performance targets for carriage service providers that supply Customer Service Guarantee (CSG) services. Qualifying providers must meet at least 90% compliance each financial year for connection times, fault rectification and appointment‑keeping; separate location‑based thresholds apply for urban, rural and remote measures. The rules cross‑reference the CSG Standard, exclude certain enhanced call‑handling faults from rectification counts, treat each failure as a separate contravention, and expires after the ACMA’s new CSG standard begins (see s7)."}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-customer-service-guarantee-retail-performance-benchmarks-instrument-2023","history":"/api/acts/telecommunications-customer-service-guarantee-retail-performance-benchmarks-instrument-2023/history","analysis":"/api/acts/telecommunications-customer-service-guarantee-retail-performance-benchmarks-instrument-2023/analysis","conflicts":"/api/acts/telecommunications-customer-service-guarantee-retail-performance-benchmarks-instrument-2023/conflicts","importantCases":"/api/acts/telecommunications-customer-service-guarantee-retail-performance-benchmarks-instrument-2023/important-cases","documents":"/api/acts/telecommunications-customer-service-guarantee-retail-performance-benchmarks-instrument-2023/documents"}}