Dissenting Senators Report

Dissenting Senators Report

1.1             Senator Cameron, Senator Bilyk and Senator Ludlam do not agree with Recommendation 1 in the Coalition’s Senators’ report.

1.2        Dissenting Senators find that the charging for a fee for an unlisted (silent) number should be prohibited.

1.3        The genesis for this References inquiry was recommendation no. 72-17 of report no. 108 of the Australian Law Reform Commission on Australian privacy law and practice which recommended that:

The Telecommunications Act 1997 should be amended to prohibit the charging of a fee for an unlisted (silent) number.

1.4        The Coalition Senators’ report found that the ALRC’s recommendation has widespread support from consumer and privacy advocacy groups as well as sections of the telecommunications industry. The Coalition Senators have chosen to ignore the evidence received and seek to protect the corporate interest of Telstra.

1.5        Of the 19 submissions, the only submission that advocated the continuation of unlisted (silent) line fees was made by Telstra. Their submission was focused on ensuring the continued profitability of Telstra, through the charging of unlisted (silent) line fees, and of Sensis, the subsidiary that is responsible for the production of the White Pages directory.

1.6        This was opposed by groups like the St Vincent de Paul Society, the Australian Communications Consumer Action Network, the Privacy Commissioner and Legal Centres from around Australia - all built on the work of the Australian Law Reform Commission. Their submissions were focused on concerns about privacy and safety. They also focused on ensuring that all telecommunications users are able to enjoy those two rights, regardless of their ability to pay, or meet complex eligibility requirements.

1.7        The claim by Coalition Senators that the prohibition of charging a fee for an unlisted number would undermine the purpose and usefulness of the national telephone directory does not withstand even basic scrutiny.

1.8        As it stands, 16% of fixed line users are currently paying a monthly fee to have their details removed from telephone directories. This has not had a deleterious effect on the use of telecommunications directories, which is still used by 88% of Australians in the past year.

1.9        Dissenting Senators have taken the view that citizens' right to privacy and personal safety are more important than a theoretical decrease in the usefulness of Telstra’s White Pages directory.

1.10      Dissenting Senators agree with the Australian Law Reform Commission view that a fee can act as an impediment to accessing a service that will help protect privacy, particularly for individuals on fixed or low incomes.

1.11      Dissenting Senators call on the government to undertake consultation in order to set out a clear timetable that would see the abolition of the charging of fees for unlisted (silent) lines.

Recommendation 1

That the Telecommunications Act 1997 be amended to prohibit the charging of a fee for an unlisted (silent) number on a public number directory.

 

Senator Doug Cameron
Deputy Chair

Senator Catryna Bilyk 
Senator for Tasmania 

 

 

Senator Scott Ludlam
Senator for Western Australia

 

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