Federal Register of Legislation - Australian Government

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Determinations/Communications as made
This instrument prescribes rules that must be complied with by Australian Communications Exchange Limited (ACE) as the current contracted National Relay Service (NRS) provider. It requires that ACE assist the Department of Communications and the Arts in providing information to users of the CapTel captioned telephone handset during the transition to the new NRS provider.
Administered by: Communications and the Arts
Registered 03 Oct 2019
Tabling HistoryDate
Tabled HR14-Oct-2019
Tabled Senate14-Oct-2019
Table of contents.

Commonwealth Coat of Arms of Australia

 

Telecommunications (Consumer Protection and Service Standards) (National Relay Service Rules) Determination 2019

I, Paul Fletcher, Minister for Communications, Cyber Safety and the Arts, make the following Determination.

Dated   1 October 2019                                   

Paul Fletcher

Minister for Communications, Cyber Safety and the Arts

 

 

 


Contents

1  Name........................................................................................................................................ 1

2  Commencement........................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Definitions................................................................................................................................ 1

5  Rules........................................................................................................................................ 1

 

 


1  Name

                   This instrument is the Telecommunications (Consumer Protection and Service Standards) (National Relay Service Rules) Determination 2019.

2  Commencement

                   This instrument commences the day after registration.

3  Authority

                   This instrument is made under paragraph 16(2)(a) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

4  Definitions

Note:          A number of expressions used in this instrument are defined in section 5 of the Act, including the National Relay Service.

                   In this instrument:

Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.

Contractor means Australian Communications Exchange Limited ACN 003 044 899 who have contracted with the Commonwealth to provide Relay Services for the NRS.

NRS means the National Relay Service.

personal information has the same meaning as in the Privacy Act 1988.

Relay Services means the component of the NRS that the Contractor is required to provide under a contract with the Commonwealth.

Representative means the Assistant Secretary of the Consumer Safeguards Branch of the Department, or any employee acting in that position from time to time.

sensitive information has the same meaning as in the Privacy Act 1988.

users of the NRS includes specific categories of users or users of a particular service option of the NRS.  

5  Rules

(1)   Upon written request by the Representative, the Contractor must provide information, documents or copies of documents which relate to:

(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

(b)   any agreement or arrangements with third parties that are providing goods or services used by users of the NRS to access the NRS;

within the period and in the manner and form specified in the request.

(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.

(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.

(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. 

(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.

(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.

(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.