Document ID: chunk:federal_register_of_legislation:F2024L00133:reg:24:p1
Version: federal_register_of_legislation:F2024L00133
Segment Type: reg
Provision Reference: reg 24 (pt 1/2)
Character Range: 33836–36907

24  Minimum requirements – taking credit management action

       When credit management action must not be taken

       (1) Subject to subsection (2), a provider must not take credit management action against a customer:

           (a) while the customer is discussing options, or has made an application, for financial hardship assistance with the provider; or

           (b) if the provider has an arrangement for financial hardship assistance on foot with the customer.

       When credit management action can be taken

       (2) Subsection (1) does not apply if:

           (a) the customer has not met their obligations under the arrangement for financial hardship assistance; and

           (b) the provider has taken steps to review the arrangement under section 22; and

           (c) either:

              (i) the provider has taken reasonable steps to contact the customer, or the customer has contacted the provider, to discuss options for payment before taking credit management action; or

              (ii) the provider has a genuine reason to believe that the customer is unable or unwilling to pay their debts, to prevent a further increase in the debt owed by the customer; or

              (iii) the customer agrees that the financial hardship arrangement is unable to be completed; or

              (iv)  the provider has been unable to contact the customer, despite taking reasonable steps to do so.

       (3) For the purpose of subparagraphs (2)(c)(i) and (iv), a provider is taken to have taken reasonable steps if it has made at least 3 separate attempts to contact the customer, with each attempt on a separate business day, over a total period of not more than 10 calendar days, using at least 2 separate methods of communication, with at least one of those methods being in writing.

       (4) A communication made by a provider in writing pursuant to subsection (3) must state that the provider is contacting the customer because it proposes to take credit management action, which may include restriction, suspension or disconnection.

       (5) Where it is open to a provider to take credit management action against a financial hardship customer under subsection (2), the provider must:

           (a) only use suspension or disconnection as a measure of last resort;

           (b) give the customer a written notice:

               (i) stating what credit management action is being taken;

               (ii) stating when the credit management action is due to occur;

               (iii) setting out the reasons for the provider's decision to take credit management action against a customer;

               (iv) explaining all charges that may apply;

               (v) identifying any impacts that the action may have on any other telecommunications products the provider supplies to the customer; and

               (vi) that includes the details of a contact point for the customer to make enquiries, including contact details for the TIO and financial counselling services,

          at least 10 business