CA DC-CC Joint statement

Underpinning Philosophy

The members of the Communications Alliance Disability Council (DC) and Consumer Council (CC) take guidance from the philosophy encapsulated in the opening words of the Telecommunication Act 1992 (see Appendix A) which outlines ‘provision of a regulatory framework that promotes the long-term interests of end-users', in the context of services of social importance.

The work of consumer representatives and consumer organisations in communications is directed with one voice to achieving these outcomes for all consumers.

The representatives of the Consumer Council and Disability Council of the Communications Alliance also draw on the theme of the 2003 and 2005 World Summits on the Info rmation Society at which governments and world leaders made a strong commitment towards building a people-centred, inclusive and development-oriented Info rmation Society for all, where everyone can access, utilise and share information and knowledge.

Developments in communication technologies offer all Australians more equitable opportunities to experience and participate in society in new and exciting ways.

It is noted that many consumer representatives have been involved in communication advocacy for a large number of years and are strongly committed to furthering the interests of consumers.

United Representative Consumer Voices

Several member organisations of the DC/CC have submitted position papers to the Department for consideration. These papers are viewed by DC/CC members as bringing forward ideas for consideration by all stakeholders, and to inform the discussion about building a new model of consumer representation. Consumer representatives are committed to a collaborative and cooperative approach to the process. Moreover they are committed to ensuring the voices of consumers and consumer groups which are currently not included as DC/CC members, such as Communication Rights Australia, the National Aboriginal and Torres Strait Islander Indigenous Network, Young Consumers and Low Income Consumers are consulted and included in the process. Notably the scope of our representation extends to consumers not affiliated with any organisation or group.

Consumer groups have demonstrated despite all the difficulties of working in the existing model that we can self-organise and work proactively towards constructive outcomes for all parties and we need to ensure we build on and strengthen this ability in any future models. It must also be highlighted that this has been done while still acknowledging and respecting the diversity of the interests and needs of all consumer voices.

Strength of Representative Consumer Voices

There are several consumer groups, some represented at the May 1 st Consumer Forum, that already act as the user path of supply and demand in the communications space. These consumer groups are willing to self organise into a type of body that will meet the needs of the next generation of participatory and collaborative government .

It is the view of the DC/CC members that any new structure developed as a result of the stakeholder/department discussion, must have an enhanced view of the importance of consumer representation. We envisage an independent Consumer Body, working in tandem with Industry, government and regulators where its input has similar worth and where self regulatory instruments (such as Standards, Codes and Guidelines) are developed with a much stronger and better resourced consumer voice. Part of the consumer input should also include advice given directly at Ministerial level through a regular dialogue or Ministerial Advisory Committee.

Moving Forward

Consumer representatives want the new model to result in marked improvements in currently unresolved problematic areas such as: the imbalance of Working Committees in the development of consumer Codes and Guidelines, informed consent, compliance with existing codes and guidelines especially C625:2005 (Info rmation on Accessibility Features for Telephone Equipment).

Outcomes desired for all consumers

In communications, consumer representatives aspire to achieving the best outcomes for constituents, and any model developed should reflect this. The UN Convention on the Rights of Persons with Disabilities outlines specific rights in the areas of information and communication technologies, which should be a beacon for the Australian situation. Consumers regard the Disability Discrimination Act 1992 as an inadequate touchstone for development of forward-looking consumer directed and oriented communications outcomes.

Any new consumer representation model developed:

• Should include an on-going dialogue between the Minister and consumers representatives (e.g a MAC) so that outcomes are driven from policy perspective
• should be a Communications focussed group or organisation, not embedded within a more generalist grouping;
• function so as to make self regulation serve the interests and needs of consumers and engage with all industry groups including Communications Alliance, AMTA, IIA as well as telecommunications and VoIP Service providers.
• give the voice of consumers equal weighting with that of industry;
• must be adequately funded, with long-term funding cycles to enable robust representation and research; and
• must echo the forward vision of the Australian 2020 summit, and have the flexibility to serve consumers in future communications scenarios.

Process Post May 1 st

We would like to request a process after May 1 st which is properly resourced and independently facilitated by DBCDE so that we can reach agreement on future models. We ask that groups not previously represented in this process be included especially representatives from indigenous consumers, young consumers and low income groups.

We look forward to further discussion on this joint statement with DBCDE and the Minister.

This position is agreed to by the undersigned representatives and their nominating organisations:

• Holly Raiche, ISOC-au
• Su Robertson, Communications Law Centre
• Sue Salthouse, WWDA
• Louise Bannister, WWDA
• Teresa Corbin, CTN
• Marion Lau, FECCA
• Rob Garrett, ARATA
• Harold Hartfield, PDCA
• Cheryl Langdon-Orr, ISOC-au
• Gunela Astbrink, TEDICORE
• Nan Bosler, ASCCA

APPENDIX A – Extract from Telecommunications Act 1997^[1]

1. The main object of this Act, when read together with Parts XIB and XIC of the Trade Practices Act 1974 , is to provide a regulatory framework that promotes:

1. the long‑term interests of end‑users of carriage services or of services provided by means of carriage services; and
2. the efficiency and international competitiveness of the Australian telecommunications industry.

2. The other objects of this Act, when read together with Parts XIB and XIC of the Trade Practices Act 1974 , are as follows:
   to ensure that standard telephone services, payphones and other carriage services of social importance are:

1. reasonably accessible to all people in Australia on an equitable basis, wherever they reside or carry on business; and
2. are supplied as efficiently and economically as practicable; and
3. are supplied at performance standards that reasonably meet the social, industrial and commercial needs of the Australian community;

Endnote 1: http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s3.html

• Document ID: 83505 |
• Last modified: 6 May 2008, 8:59pm