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Privacy Reform Legislation – Exposure Draft

About the consultation:

The Attorney General’s Department consulted on the exposure draft of privacy reform legislation. The proposed amendments would (amongst other things) introduce new definitions of key terms and concepts central to the current privacy framework including the scope of ‘personal information’ and ‘collection’ and ‘consent’ processes, all of which is likely to greatly impact current operations for ISPs in relation to their handling of customer data.

Consultation closed: 18 September 2026

You can read the exposure draft on the Department’s website:

Attorney General's Department

IAA’s response:

Our response highlighted the insufficient consultation being undertaken in respect of the significant changes to the privacy framework which would introduce new definitions, and overhaul existing processes such as in obtaining consent. We also requested clarification and further consideration of the implications for telecommunications service providers.

You can read our submission below:

IAA's response

If you have any questions/comments about our position, please let us know at policy@internet.asn.au.

Digital Duty of Care Bill – Exposure Draft

About the consultation:

The Department of Infrastructure, Transport, Regional Development, Communications, Sports and the Arts consulted on the Online Safety Amendment (Digital Duty of Care) Bill 2026 – Exposure Draft, which proposes to introduce a new legislative duty of care on online service providers, including Internet service providers. 

Consultation closed: 22 September 2026

You can read the exposure draft on the Department’s website.

Department of Communications

IAA’s response:

IAA expressed our disappointment with the Department’s lack of engagement on this significant reform which would introduce a landmark legislative duty of care. Our response particularly emphasised that ISPs should be exempt from the framework and the need to clearly distinguish between infrastructure providers versus those responsible for the content layer.

You can read our response below:

IAA's response

If you have any questions/comments about our position, please let us know at policy@internet.asn.au.

Scam Prevention Framework External Dispute Resolution Rules

The Australian Financial Complaints Authority (AFCA) consulted on draft rules to govern the external dispute resolution (EDR) scheme in relation to the Scam Prevention Framework (SPF).

Under the recently introduced SPF, telecommunications entities who provide voice or messaging services must be members of the AFCA.

IAA’s response highlighted potential issues with the cost funding, compensation and internal dispute resolution referral rules that the AFCA should consider. We also emphasised the need for more stringent dismissal of vexatious and spurious complaints especially given the rise of AI-generated or assisted complaints, and the overall need for the rules to be applied reasonably, with due regard to the impact on small telecommunications providers.

You can read our complete response below.


IAA’s response

Review of Non-Financial Loss

About the consultation:

The Telecommunications Industry Ombudsman (TIO) is conducting a targeted review of non-financial loss limits. Currently, the TIO can recommend or require compensation of up to $1,500 for non-financial loss where compensation is needed to restore fairness. This may include situations where the consumer has experienced significant or unusually high levels of:

  • stress
  • loss of peace of mind
  • time spent
  • injury to feeling

in relation to an issue involving a telecommunications service.

Consultation closed: Wednesday, 30 September 2026

You can read further on the review on the TIO’s website.

TIO

IAA Response:

In our response, IAA opposed any increase to the non-financial loss compensation limit, highlighting the lack of the evidence to support the need for an increase and the potential impacts this would have, especially as to how this may drive consumer behaviour and settlement outcomes due to the structural flaw in the TIO’s cost model. We pushed for more transparency and publication of data concerning the award of non-financial loss compensation to better assess any issues in its framework.

You can read our response below:

IAA's response

If you have any questions/comments about our position, please let us know at policy@internet.asn.au.

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