{"id":"F2023L01188","name":"Telecommunications (Financial Hardship Industry Standard) Direction 2023","slug":"telecommunications-financial-hardship-industry-standard-direction-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442073,"registerId":"F2023L01188-fast-fetch-1775957184866","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Telecommunications (Financial Hardship Industry Standard) Direction 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 (Financial Hardship Industry Standard) Direction 2023\n\nI, Michelle Rowland, Minister for Communications, make the following direction.\n\nDated 31 August 2023\n\nMichelle Rowland\n\nMinister for Communications\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Direction to the ACMA on financial hardship matters\n\n6  Application of the standard\n\n7  Objectives and content of the standard\n\n \n\n1  Name\n\n  This instrument is the Telecommunications (Financial Hardship Industry Standard) Direction 2023.\n\n2  Commencement\n\n  This instrument commences the day after this instrument is registered.\n\n3  Authority\n\n  This instrument is made under subsection 125AA(4) of the Telecommunications Act 1997.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in section 7 of the Act, including the following:\n\n(a)     ACMA;\n\n(b)     carriage service;\n\n(c)     carriage service provider;\n\n(d)     Telecommunications Industry Ombudsman.\n\n  In this instrument:\n\nAct means the Telecommunications Act 1997.\n\n5  Direction to the ACMA on financial hardship matters\n\n(1)    I direct the ACMA to determine a standard under subsection 125AA(1) of the Act that deals with:\n\n(a)    information to be provided by carriage service providers to customers, and made available to customers and potential customers, relating to financial hardship matters; and \n\n(b)    support to be provided by carriage service providers to customers who are, or may be, experiencing financial hardship.\n\n(2)    The standard is to be:\n\n(a)    determined by 15 February 2024; and\n\n(b)    commence in full at the earliest practical opportunity and no later than 29 March 2024.\n\n(3)    I direct that the ACMA may vary the standard as it considers necessary from time to time, provided that the standard as varied complies with this instrument.\n\n6  Application of the standard\n\n(1)    Subject to this section, the standard is to apply to carriage service providers in their dealings with residential, small business and not-for-profit customers.\n\n(2)    The standard may:\n\n(a)    deal with matters differently for different classes of carriage service providers; or\n\n(b)    exempt certain classes of carriage service providers from particular provisions of the standard.\n\n7  Objectives and content of the standard\n\n  Objectives of the standard\n\n(1)    The standard is to be drafted to give effect to the following objectives, as they relate to the telecommunications activities of carriage service providers:\n\n(a)    that carriage service providers promote their financial hardship policies and information about assistance for customers who are, or may be, experiencing financial hardship, and that the policies and information can be easily found and accessed by customers and potential customers;\n\n(b)    that carriage service providers identify customers who may be experiencing financial hardship early and assist those customers;\n\n(c)    that carriage service providers’ eligibility criteria and assessment processes related to financial hardship assistance have appropriate regard to the essential nature of carriage services;\n\n(d)    that customers who are experiencing financial hardship receive adequate, appropriate and tailored assistance to manage their payment obligations, and associated debts, to their carriage service providers; and\n\n(e)    that any credit management action taken by carriage service providers in relation to customers who are experiencing financial hardship prioritise keeping those customers connected to appropriate services and only use disconnection as a measure of last resort.\n\n    Content of the standard\n\n(2)    The standard may include rules on the following matters as they relate to the telecommunications activities of carriage service providers:\n\n(a)    requirements to establish written financial hardship policies which include processes for assisting customers who are, or may be, experiencing financial hardship and other requirements relating to financial hardship policies considered appropriate by the ACMA;\n\n(b)    requirements for carriage service providers to promote their financial hardship policies and to give, and make available, information and advice to customers and potential customers about financial hardship policies and assistance;\n\n(c)    requirements for the early identification of customers who may be experiencing financial hardship and ongoing evaluation of their circumstances;\n\n(d)    requirements for appropriate customer service for customers who are, or may be, experiencing financial hardship;\n\n(e)    requirements and processes for assessment and provision of financial hardship assistance to customers;\n\n(f)     requirements for training and conduct of staff in identifying and supporting customers who are, or may be, experiencing financial hardship;\n\n(g)    requirements for credit management action undertaken by, or on behalf of, the carriage service provider in relation to customers experiencing financial hardship, including requirements related to restriction, suspension or disconnection of those customers’ services; and\n\n(h)    other matters that the ACMA considers necessary to meet the objectives set out at section 7(1).\n\n(3)    The standard may deal with arrangements for handling customer complaints relating to financial hardship matters and may confer functions and powers on the Telecommunications Industry Ombudsman.\n\nNote: The consent of the Telecommunications Industry Ombudsman is required to confer functions and powers on the Ombudsman: see section 114 of the Act.\n\n(4)    In determining the standard, the ACMA may define any terms that it considers appropriate or necessary, including terms used in this direction but not defined in section 4.\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"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The instrument itself does not amend substantive statutory scope; it directs the ACMA under existing authority (subsection 125AA(4) of the Act) to make a standard applying to carriage service providers in dealings with residential, small business and not‑for‑profit customers (s5(1); s6(1)). The detail and definitions are left to ACMA (s7(4)), so no clear expansion of the Act’s scope appears within this direction."},"complexity_factors":["Mandatory timetable and commencement deadlines create implementation pressure: ACMA must determine the standard by 15 February 2024 and ensure full commencement by no later than 29 March 2024 (s5(2)).","Ministerial direction sets objectives but leaves substantive rule‑making to ACMA, concentrating decision power in the regulator (s5(1), s7(1)); ACMA may vary the standard later provided it complies with the direction (s5(3)).","Broad permitted content gives ACMA wide discretion over obligations (policies, promotion, early identification, assessments, staff training, credit management, complaint handling, and more), increasing regulatory detail to be supplied after the direction (s7(2)(a)–(h), s7(3)).","Application scope is defined by customer class but allows differential treatment or exemptions for classes of providers, adding complexity to compliance design and enforcement (applies to residential, small business and not‑for‑profit customers (s6(1)); may treat or exempt provider classes differently (s6(2))).","Operational compliance burdens on providers are potentially multi‑dimensional: writing policies, training staff, changing billing/credit practices, early‑identification systems and complaint processes (s7(2)(a)–(f), s7(2)(g)).","Credit‑management constraints (priority on keeping customers connected and disconnection as last resort) may alter providers’ revenue‑recovery options and risk assessments (objectives s7(1)(d)–(e); content s7(2)(g)).","Possible conferral of functions and powers on the Telecommunications Industry Ombudsman adds governance complexity and requires the Ombudsman’s consent before those powers attach (s7(3); note re section 114 of the Act).","ACMA may define any necessary terms for the standard (including terms in this direction but not defined here), which affects legal interpretation and compliance scope (s7(4))."],"plain_english_summary":"This direction instructs the ACMA to make an industry standard that requires carriage service providers to publish and promote financial‑hardship policies, identify and assist customers in financial hardship, and prioritise keeping customers connected (with disconnection a last resort). It applies to providers’ dealings with residential, small business and not‑for‑profit customers and matters because it creates enforceable duties on providers (policies, training, credit‑management and complaint handling) that they must implement and operate in day‑to‑day customer interactions."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument represents the original intent — a targeted ministerial direction to establish financial hardship protections in telecommunications. It has not grown beyond this purpose; rather, it deliberately leaves detailed implementation to the ACMA's subsequent standard-making process."},"complexity_factors":["Short instrument: only 7 sections spanning approximately 2 pages","Minimal defined terms: only 1 explicit definition ('Act'), with others incorporated by reference from the parent Telecommunications Act 1997","No nested conditional logic or exceptions-within-exceptions","Simple structure: linear flow from authority → direction → application → objectives → content","Cross-references limited to the enabling provision (s 125AA of the Telecommunications Act 1997) and standard definitions","Delegatory nature: most substantive detail left to the ACMA to determine in the subsequent standard, making this a 'framework instrument' rather than detailed regulation"],"plain_english_summary":"This ministerial direction requires the ACMA to make a mandatory industry standard by 15 February 2024 (in force 29 March 2024) obliging carriage service providers to support customers in financial hardship — residential households, small businesses and not‑for‑profits — so they can keep phone and internet access.\n\nIt converts patchy voluntary protections into legally enforceable obligations, requiring telcos to identify and assist struggling customers, promote hardship policies, train staff and treat connectivity as essential so disconnection is a last resort."}},"importantCases":[],"_links":{"self":"/api/acts/telecommunications-financial-hardship-industry-standard-direction-2023","history":"/api/acts/telecommunications-financial-hardship-industry-standard-direction-2023/history","analysis":"/api/acts/telecommunications-financial-hardship-industry-standard-direction-2023/analysis","conflicts":"/api/acts/telecommunications-financial-hardship-industry-standard-direction-2023/conflicts","importantCases":"/api/acts/telecommunications-financial-hardship-industry-standard-direction-2023/important-cases","documents":"/api/acts/telecommunications-financial-hardship-industry-standard-direction-2023/documents"}}