ACCAN Informed Consent Project (21 August 2009)

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2.1. Telecommunications Consumer Protections (TCP) Code

Section 8 of the Telecommunications Consumer Protections Code[3] includes a detailed section on consent requirements before a consumer can be transferred from one supplier to another.

8.1.3 Before a Transfer: A Gaining Supplier must:

(e) take all reasonable steps to ensure that the consent obtained is informed consent. Informed consent will occur when, before seeking agreement to the Transfer, the Gaining Supplier informs the Authorised Customer or their Authorised Representative of the following and the Authorised Customer or their Authorised Representative clearly conveys agreement to the Transfer:

(i) that the Authorised Customer is entering into a new contract by agreeing to the Transfer;

(ii) which Telecommunications Service is being transferred;

(iii) the terms and conditions of the Transfer;

(iv) the identity of the Gaining Supplier;

(v) whether equipment they have for their existing service will be compatible with the Gaining Supplier's service;

(vi) the relevant terms and conditions relating to any Telecommunications Goods purchased from the Gaining Supplier for use with the Telecommunications Service being Transferred; and

(vii) that there may be consequences arising from their existing Telecommunications Services contract, which the Customer must check.

Section 8.1.5 also requires the organisation to:

(d) keep a record of the Authorised Customer or Authorised Representative's consent to the Transfer

This Code is complemented by industry guidelines that provide examples of how to record consent for customer transfers.[4]

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[3] Communications Alliance, Telecommunications consumer protections code, industry code C628:2007, Sydney, September 2007, <http://www.commsalliance.com.au/__data/page/21676/C628_2007.pdf>.

[4] Communications Alliance, Telecommunications consumer protections guideline, industry guideline G631:2007, Sydney, September 2007, <http://www.commsalliance.com.au/__data/page/21678/G631_2007.pdf>.

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