The Code mandates that the following documents be lodged with Communications Compliance on an annual basis by CSPs who supply telecommunications services to consumers:
- For all CSPs, a Compliance Attestation that must be endorsed by the Chief Executive Officer or a senior manager. This attestation includes a confirmation of compliance with the Code and other assertions.
- For CSPs with 100,000 services (not customers) or more in operation, a Statement of Independent Assessment (once off requirement to accompany the CSP’s initial lodgement).
Where a CSP is unable to provide the required statements, the CSP is required to lodge with Communications Compliance a Compliance Achievement Plan detailing which Code clauses are not being complied with, the actions that are being taking to achieve compliance and the timeframe for those actions. Communications Compliance will strive to assist the CSP to fulfil the compliance obligations as quickly as possible to minimise potential consumer detriment and the need for investigation and/or enforcement action by the Australian Communications and Media Authority (ACMA).
Introduced in 2016 is the option for a CSP to attest to partial compliance with the Code, where certain elements of their business are not fully compliant with the Code’s requirements. An attestation of partial compliance must be accompanied by a Compliance Achievement Plan.
CSPs must also respond to Compliance Monitoring Requests if approached by Communications Compliance with such a request. As a result of such a request, a CSP may be required to submit an Action Plan that outlines the measures taken to address the compliance failure and the timeframe involved.
Further information and templates that may assists CSPs with the lodgement of the required documents can be found here: CSP Area