Document ID: chunk:federal_register_of_legislation:F2020C01083:reg:14:p2
Version: federal_register_of_legislation:F2020C01083
Segment Type: reg
Provision Reference: reg 14 (pt 2/5)
Character Range: 26036–29033

service.

   16  Requirements where there is unreasonable delay in the supply of an operational NBN service

       (1)          This section applies where section 8 applies.

       (2)          If, at 23 working days after the NBN CSP becomes aware that:

           (a) the migration at the consumer's premises has been unsuccessful; or

           (b) the migration at the consumer's premises has been successful, but the consumer's NBN service is not operational,

       (the relevant day) and the consumer's NBN service is still not operational, the NBN CSP must within 2 working days, prepare a plan directed at ensuring that the consumer is provided with an operational NBN service as soon as possible.

       (3)          Subsection (2) does not apply where:

           (a)          the NBN CSP has provided the consumer with all of the information referred to in subsection (5) during the period of 23 working days from the occurrence of the events described in either paragraphs (2)(a) or (2)(b), whichever is applicable; and

           (b)          the information referred to in paragraph (a) continues to be accurate at the end of the relevant day.

       (4)          Where a plan is prepared by an NBN CSP in accordance with the requirement in subsection (2), the NBN CSP must send a copy of the plan to the consumer within 2 working days of its being prepared.

       (5)          A plan mentioned in subsection (2) must contain the following minimum requirements:

           (a)          if a consumer requests information about the cause of the problem with the NBN service – a diagnosis of the issue that has caused the NBN service to be not operational;

           (b)          if a consumer requests information about how the issue will be remediated – the steps required to remediate the issue and establish an operational NBN service;

           (c)          the timeframe for completing the required remedial work;

           (d)          any compensation that will be offered to the consumer; and

           (e)          contact details that the consumer can use to gain updates on the completion of the remedial work.

       (6)          If, at a further 20 working days (the further period) after the expiration of the 23 working day timeframe mentioned in subsection (2), the NBN service is not operational, the NBN CSP must arrange for a technical audit to be completed within 10 working days after the expiration of the further period.

       (7)          A technical audit under subsection (6) must identify:

           (a)          why the plan mentioned in subsection (2) did not result in the establishment of an operational NBN service;

           (b)          the steps that are required to remediate the issue and establish an operational NBN service as soon as possible; and

           (c)          the measures that can be instituted to avoid similar problems in other cases.

       (8)          An NBN CSP is not required to prepare a plan