11APreliminary provisions for the purposes of sections 11B to 11F
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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;
(c) a complaint about changing provider (including issues with number porting or churn);
(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
(c) minor 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;
(c) a licensee network, 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.