Carol Berry
Whitlam · Australian Labor Party · Australia
“I am proud of the steps that Labor has taken to try and make universities and further study more accessible and affordable for students from all walks of life. We've taken a range of measures which have been outlined in the accord. For example, Labor has cut 20 per cent of HECS debts.”
“Previously, this was only available for Indigenous students living in regional and remote Australia. The Department of Education estimates that over the next decade, this initiative could double the number of Indigenous students at university.”
“The new system will address existing issues in the higher education funding system and will better align Commonwealth funding with enrolments. Importantly, higher education providers will be supported to transition to the new funding system.”
“My father, aunty, sister and husband are all public school teachers, and I'm proud to have been educated in public schools. I'm very passionate about public education because, without it, I wouldn't be where I am today. My mother was raised in housing commission in Dundas Valley near Parramatta in Sydney's western suburbs.”
“It also recommended increasing the number of higher education students from underrepresented backgrounds, matched by a focus on success for these students. The universities accord found that 69 per cent of young Australians from wealthy families had a university degree, compared with only 19 per cent from less wealthy families.”
“I spoke about this person in the Federation Chamber earlier this week: Dr Jodi Edwards, a Yuin Dharawal woman who has dedicated her life to community, culture and language across New South Wales, including in the southern Illawarra region of my electorate of Whitlam.”
The complete record
Every one of 368 lines we hold for Carol Berry, in date order, each linked to its source. Free to read, in full, without an account. Page 2 of 8.
“From 1 July 2027, losses related to existing residential investment properties purchased after 7:30 pm on 12 May 2026 will only be deductible against other income from residential properties, including capital gains. Excess losses can be carried forward to offset residential property income in future years so investors can continue to claim a deduction in the future for costs such as maintenance. Residential properties held on the date we announced these changes will be allowed to be negatively geared in future years until they are sold. This ensures that arrangements for taxpayers who have already made investment decisions based on the existing rules for negative gearing will not change.”
“In line with our goal of supporting new housing supply, investors who buy new builds will be able to choose either the 50 per cent CGT discount or indexation and the minimum tax when they sell their property. The existing CGT discount of up to 60 per cent that applies to qualifying affordable housing will also be fully retained to preserve incentives to invest in those assets. I want to stress that the four existing small business CGT concessions will remain in place, allowing eligible small businesses to reduce or remove tax on any gains when they sell. These reforms limit negative gearing for residential property investments to new builds and key government housing priorities.”
“The effective tax rate on capital gains will vary depending on an individual's marginal rate, their nominal returns and the inflation rate over the period the asset has been held. This means that not everyone will pay more tax under these changes. Some will pay less. It will depend on their circumstances. A key change is that the introduction of the minimum tax reduces the benefit for taxpayers who defer capital gains realisation to years in which their marginal tax rates are low. It ensures their gains are subject to a tax rate closer to the rate that applied to them during their working life. Importantly, recipients of certain government payments, including the aged pension and JobSeeker, will be exempted from the minimum tax if they receive any of these payments in the financial year in which they realise the capital gain.”
“From 1 July 2027, the 50 per cent capital gains discount will be replaced by cost based indexation for assets held for more than 12 months, with a 30 per cent minimum tax on net capital gains. These changes will apply to all CGT assets, including pre-1995 CGT assets held by individuals, trusts and partnerships. The changes will apply prospectively, with the 50 per cent discount applying to gains accruing up until 1 July 2027 and the indexation and the minimum tax used to calculate the CGT on gains accruing from 1 July 2027. Under the changes that take effect from 1 July in 2027, investors will index the cost base of their assets in line with inflation, so they pay tax only on their real gains above inflation.”
“One of the issues raised most often with me by people in my electorate since I became the member for Whitlam just over a year ago is the affordability of housing. This issue is not raised just by young people but also by parents and grandparents who are concerned for the future of their grandchildren and their children. There is widespread acceptance that Australia's housing market is not working. Young people on lower incomes are half as likely to own their own home than they were in the year I was born. Many young Australians are putting off having children because of housing insecurity. We cannot accept this unfair status quo. That is why we are taking action to fix it. Our reforms to capital gains tax and negative gearing will help 75,000 more homeowners to enter the housing market over the next decade.”
“This funding will establish a new local infrastructure fund as part of the Housing Support Program to unlock the enabling infrastructure needed to finish housing projects that otherwise wouldn't go ahead due to a lack of enabling infrastructure that includes roads, water, power and sewerage. This funding will be provided to local governments and state utility providers, with $500 million reserved for regional Australia. As I mentioned, the Local Infrastructure Fund will support up to 65,000 additional homes over 10 years. However, supply cannot be our only focus, because our distorted tax system has resulted in property prices far outstripping wages growth, and the dream of homeownership has become increasingly out of reach, particularly for young people.”
“We're extending the ban on foreign investors—investors buying existing homes—until mid 2029, helping more Australians into homes. And we're delivering the biggest back-to-back increase in Commonwealth Rent Assistance in more than 30 years, which benefits more than 9,000 people in my electorate who currently receive Commonwealth Rent Assistance. Labor's primary focus, as we work hard to tackle the challenges associated with housing, continues to be on supply. That is why we are investing a further $2 billion in housing-enabling infrastructure to address one of the key barriers holding back more housing supply.”
“To suggest that it does, I think, is an offensive statement. The Albanese government's $47 billion investment in housing includes expanding the five per cent deposit scheme to all first homebuyers and introducing it earlier than originally scheduled. I'm delighted to say that more than 1,800 people in my electorate of Whitlam have been able to buy their first home thanks to Labor's expansion of this scheme in October last year. We launched the Help to Buy scheme for low- and middle-income earners, with 10,000 places available each year for the next four years. We're delivering 55,000 new social and affordable homes by mid 2029 through the $10 billion Housing Australia Future Fund, our HAAF program, and the Social Housing Accelerator Program.”
“It's important to note that taxpayers will still be able to claim more than $1,000 in work related deductions if they are entitled to, and they will still be able to claim non-work-related deductions on top of the instant $1,000 deduction. This includes charitable donations, superannuation contributions, union and professional association membership fees, and income protection, sickness and accident insurance premiums. The second key objective of this legislation is to make it easier for people to buy their own home, because, for too long, too many Australians have been locked out of the housing market. I note that the previous speaker referred to 'the politics of envy' in relation to these measures and, can I say, the desire to own your own home has nothing to do with the politics of envy.”
“It is a permanent structural improvement to the tax system that will help Australian workers keep more of what they earn, delivering targeted cost-of-living relief. Our instant tax deduction, which delivers on a commitment we made before last year's election, will make life simpler for millions of time-poor workers and put cash into their pockets as well. Eligible individuals will be able to claim an instant tax deduction of up to $1,000 instead of claiming individual work-related expenses, saving time and money. The Australian Tax Office estimates this measure will save Australians $380 million in compliance costs each year. Over six million people will benefit—more than half of them women—with the average worker receiving an extra $205 at tax time.”
“Together, the Albanese government's five tax cuts mean the average Australian worker will receive a combined benefit of almost $3,000 in 2028. The coalition voted against our tax cuts last year, which perplexed millions of Australian taxpayers across the country. We urge them not to make the same mistake again, because what we are proposing is responsible tax relief targeted to working people. It will benefit teachers, nurses, tradies and other Australians who earn salaries and wages. The $250 working Australians tax offset will be available for every working Australian taxpayer for income years starting on or after 1 July 2027. It will provide a benefit for over 13 million Australian workers, including over six million women. Importantly, this is not a temporary measure.”
“The reforms contained in these two bills will build a better, fairer, simpler tax system by reducing the tax burden for over 13 million workers, supporting 75,000 more homeowners into the housing market and delivering $3.5 billion in new measures that lower taxes for businesses and startups. It's important to remind the House that the Albanese government has already delivered tax cuts for every Australian taxpayer by bringing rates down and pushing thresholds up from 1 July 2024. Another tax cut will come into effect from 1 July this year, which is only four weeks away, and a third tax cut will be introduced from 1 July next year. This bill introduces two more tax-relief initiatives: the $250 working Australians tax offset and the $1,000 instant tax deduction for workers.”
“1) Bill 2026, amends taxation legislation to replace the 50 per cent capital gains tax discount for individuals, trusts and partnerships with cost based indexation and a 30 per cent minimum tax rate on capital gains accruing from 1 July 2027; limit negative gearing for residential property investments to new builds from 1 July 2027; introduce the working Australians tax offset, a non-refundable tax offset for Australian residents who earn labour income; and introduce a $1,000 standard deduction for work related expenses for Australian taxpayers. The second bill, the Income Tax Rates Amendment (Tax Reform No. 1) Bill 2026, amends the Income Tax Rates Act 1986 to impose a minimum 30 per cent tax on capital gains that are realised on or after 1 July 2027.”
“I rise today to speak in support of these two important bills, which mark the first stage of the most significant transformation of the tax system in over a quarter of a century. These bills deliver on three key objectives: cutting taxes for every Australian worker, making it easier for people to buy their first home and better aligning the tax treatment of income associated with labour and income associated with assets. The first bill, the Treasury Laws Amendment (Tax Reform No.”
“But the Lakers do not measure success by adding up these competition victories, or the number of finals series they have qualified for or matches they have won. They measure success by the community they have created—not just the people who play cricket for the club but the volunteers who coach the juniors, prepare the ground, work behind the canteen and sit on the committee—and the lasting friendships that are built between these volunteers. By this important measure Lake Illawarra Cricket Club is an outstandingly successful cricket club and community organisation. I congratulate the Illawarra Cricket Club on 80 years of success both on and off the pitch, and I wish them all the very best for the future.”
“I rise today to recognise Lake Illawarra Cricket Club, known affectionately as the Lakers, which has its home ground at Howard Fowles Oval in my electorate of Whitlam. I had the great pleasure of attending the club's 80th-year presentation night at Warilla Bowls and Recreation Club this month, which included the induction of three new life members: Tim Hore, Kylie Hore and Ryan Smith. Life membership is the club's highest honour, recognising exceptional service, unwavering commitment and lasting impact over many years. Since it was formed in 1945. Lake Illawarra Cricket Club has won an extraordinary 24 club championships, 45 first-grade premierships of various kinds and 37 premierships across lower grades.”
“Alan's dedication to surf lifesaving beyond his own club has resulted in his appointment as a life member of both the South Coast branch of Surf Life Saving Australia and Surf Life Saving New South Wales, and he has received the National Service Award from Surf Life Saving Australia. Alan was named Shellharbour Citizen of the Year in 2022 in recognition of his tireless dedication to the local community and surf lifesaving, and the following year he was awarded a Medal of the Order of Australia for his services to lifesaving. On behalf of the people of Whitlam, I thank Alan Beveridge for his extraordinary dedication to the vital service of lifesaving and for everything he has given back so generously to our community.”
“I rise today to recognise Alan Beveridge OAM, who is an icon of Surf Life Saving in my electorate of Whitlam. It is no surprise that Alan has been honoured with life membership of the Warilla Barrack Point Surf Life Saving Club. He has been a patrolling member of the club for over 50 years. He has served as patrol captain, club captain, treasurer, vice president, and was president for almost 30 years. Over many decades, Alan has also coached both junior and senior members of the club and officiated at local branch, state and national carnivals. He is renowned for his readiness to provide guidance, encouragement and leadership.”
“I am proud that Labor built the NDIS, and I'm also proud that we are taking responsibility for securing its future. I'm deeply committed to this work, and I will continue to be a passionate advocate for people with disability in this place. This bill is needed to restore the NDIS to its original intent of supporting people with permanent and significant disability, to stabilise the growth of the scheme and make the NDIS available and secure for those who need it most for generations to come. That is why I commend this bill to the House.”
“It also inserts a range of new civil penalty provisions to deter providers and individuals from engaging in unlawful non-compliant conduct by imposing significant financial penalties. The bill will require providers, nominees and participants to retain records relating to the provision of supports and/or claiming of NDIS amounts for specified periods of time, and a civil penalty will apply to providers who fail to comply with this requirement. The NDIS review identified a range of issues with the agency's approach, and this change will establish a clearer and more transparent mechanism to set and enforce prices under the scheme. We're making it possible for the minister to be the core decision-maker in relation to pricing, and I'm strongly supportive of that change as well.”
“This builds on existing mandatory registration requirements and also on our decision to introduce mandatory registration for supported independent living as well as platform providers from 1 July 2026, and I'm strongly in support of these reforms. Registration requires providers to meet defined quality and safeguarding standards, undergo independent audits and suitability assessments, comply with worker screening and reporting obligations, and maintain ongoing adherence to governance and safety requirements. This bill also extends the NDIA's monitoring and investigative powers so that it can investigate serious fraud and noncompliance in relation to claims and payments in the scheme.”
“The Fraud Fusion Taskforce has also identified seven fundamental building blocks for high-integrity programs, and it noted that the NDIS has none of these. These structural flaws mean that measures we've introduced to control spending are simply not working as we intended. It's important to note as well that governments of both persuasions have been responsible for these issues. A key area of focus is provider registration. Only one in 16 providers is currently registered, and this needs to change. Not every provider needs to be fully registered, but the bill will expand categories of mandatory registration to include higher risk activities, personal care, daily living supports and supports provided in closed settings.”
“Importantly, the government will establish a $200 million fund, the Inclusive Communities Fund, to rebuild capability among community organisations so that NDIS participants have new options to genuinely participate in their local community. Schedule 2 of the bill will strengthen the ability of the National Disability Insurance Agency to effectively manage the integrity of the NDIS. The Albanese government has made significant investments to tackle fraud and noncompliance under the NDIS. Labor established the Fraud Fusion Taskforce shortly after coming into government, and it identified eight recurring design failures in longstanding government programs that make them susceptible to fraud. It found the NDIS has all eight.”
“However, while many support workers provide valuable supports—I've seen that firsthand—there is evidence that some providers are not delivering genuine and quality community participation. Not only is this aspect of the scheme not working as it was intended but it is becoming increasingly expensive. Spending on these support streams has tripled from $4 billion per year to $12 billion per year over the past five years, which means it now costs about the same as what we would spend in net terms on the entire Pharmaceutical Benefits Scheme, and it could reach $20 billion by the end of the decade if nothing is done.”
“This bill clarifies the meaning of the term 'functional capacity' and provides for the assessment of thresholds of functional capacity, an amendment that is consistent with recommendation 3 of the NDIS review. Further work is needed to identify the appropriate threshold of functional capacity, and it's important to note that the government will establish a technical advisory group to provide expert advice on an appropriate threshold and assessments for substantially reduced functional capacity. Another amendment in schedule 1 enables the minister to make determinations to reset funding for supports like social, community and civic participation and capacity-building. These supports were intended to act as a framework that opens society up for people with disability and allows genuine community participation.”
“It's important to recognise the amount of work that was done by people with disability and their supporters through all of those processes. Schedule 1 of this bill sets out the key measures that will help put the NDIS back on a sustainable footing both now and into the future. The Independent Review of the NDIS, known as the NDIS review, found that the current approach to accessing the scheme is inconsistent and inequitable and not always targeted to those people with disability who require the most support. This has contributed to participant numbers becoming far greater than was envisaged when the scheme was created to support people with permanent and significant disability.”
“The second major issue addressed by the bill is fraud. Unbelievably, given who it's designed for, the NDIS has become the target for fraudulent activity, including through organised crime, and this is having a devastating impact on too many participants and their families and the integrity of the NDIS itself. Importantly, the reforms contained in this bill draw on the Independent Review into the National Disability Insurance Scheme conducted in 2023; the NDIS Provider and Worker Registration Taskforce completed in 2024; the Australian National Audit Office's 2019 report on the scheme's fraud control program; and the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, which ran from 2019 to 2023.”
“However, the NDIS needs to return to its intended purpose, and, unless we take action to make it sustainable, I fear that it will lose its social licence and will not be here in the future for those Australians who need it the most. The NDIS was originally intended to support around 410,000 people with a disability. Today there are 760,000 people on the scheme. We can't afford for the NDIS to continue to grow at its present rate, but, more importantly, we can't afford for the NDIS to fail. The National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026 addresses two key issues. The first is sustainability. The NDIS is growing at a rate that was unforeseen when it was established in 2013 and, if left unchecked, will put the scheme's future at risk.”
“I have watched as the NDIS has come under intense scrutiny, and for good reason, as it has design flaws which need urgent correction. But this is a scheme born of a movement, and the movement wants it protected. It should be. It's important also to note that Labor created the NDIS, and Labor will defend it. As an elected member of parliament, I will continue to focus on how we can improve the lives of people with disability, and that includes through my membership of the Joint Standing Committee on the NDIS. As I mentioned, the NDIS is a great Labor reform, but it was driven by people with disability themselves. It also reflects the fair mindedness and decency of the Australian people. It has changed many lives and our country for the better, and it's a world-leading scheme.”
“I want people to remember what happened to us, how we were shut away and forgotten, and I want people never to forget this … And I want to make sure that what happened to me will never happen to anyone again. Back then, people with disability were shut away and forgotten. Out of the movement to change all this came the green shoots of the NDIS, hard fought for and won by people with disability and their supporters. The motto of the movement for the rights of people with disability is 'nothing about us without us'. It's also in this context that the NDIS and all that it's come to represent has been fiercely defended, and for good reason. I understand people's profound concern that the NDIS will be watered down, cut or lost altogether.”
“She wanted them to hear her story and heartache and make sure that what happened to her never happened to other people with disability. … … … Kim led an extraordinary and harrowing life. Countless of us have benefited from her friendship. Society is that bit better for her example and relentless advocacy. As Kim herself said: When I was less than three years old, I was sent to live in an institution for children with an intellectual disability. This was a time, in the 1950s, when lots of children with a disability were sent away from their families … I grew up without knowing my parents or my brother and sister. I was forgotten. I am writing this story about my life now because I want everyone to know what life has been like for people like me.”
“It was a great privilege for me to meet and work alongside incredible self-advocates like Kim Walker and Robert Strike—people with disability who grew up in institutions and then fought relentlessly for them to be closed. Meeting these incredibly strong and determined advocates quite simply changed the course of my life. Kim Walker's book, Forgotten and Found , is a powerful read and is available on the website of the New South Wales Council for Intellectual Disability. The foreword to this book is written by Jim Simpson, a formidable advocate for people with intellectual disability, who I had the great privilege to work alongside at the New South Wales Council for Intellectual Disability. Jim states: Kim wrote this book because she wanted it be read by politicians, senior bureaucrats and parents of people with disability.”
“There was a time in the not-too-distant past where, if you were born with a disability, you would likely be institutionalised. Part of my role at the New South Wales Ombudsman was to provide oversight in relation to the closure of these large residential centres like Stockton, near Newcastle, which, at one time, at its peak, housed over 1,200 people. I met people with disability who had been raised in these institutions. Their emotional suffering was immense, and some had also been physically and psychologically abused. It was in this context of profound suffering, exclusion and trauma that the movement around the rights of people with disability emerged and flourished.”
“I saw firsthand how difficult it was to get any attention on the issues affecting people with disability and their families. Funding was inadequate and people did not receive the services they needed. There were waiting lists for critical services like accommodation supports, and people were placed in living arrangements by a panel of decision-makers rather than being able to make their own choices. After working at the New South Wales Council for Intellectual Disability, I worked for the Community and Disability Services Commissioner at the New South Wales Ombudsman, where we were responsible for the oversight of the closure of large residential centres in New South Wales. These were the centres where people with disability had been housed in previous generations.”
“The job I had immediately before I became a parliamentarian was CEO of the Disability Trust, one of the largest providers of disability services in Australia, where I worked hard to ensure we provided quality services in order to support people to fulfil their aspirations and live their best lives. Early in my career, I worked as a human rights lawyer for the Public Interest Advocacy Centre, where I supported people with disability to have their rights upheld. I later became the CEO of the New South Wales Council for Intellectual Disability, where I advocated for people with intellectual disability and their families to get access to better supports and services. This was back in the mid-2000s, before the NDIS was introduced. At that stage, the idea of individualised funding was largely an untested concept.”
“I need to start by outlining my sense of disbelief in relation to the sudden concern on the part of the coalition for the future of the NDIS. I have worked alongside people with disability for about 17 years, and I have to say that, for that entire time, I have not felt a deep sense of concern about the NDIS from the opposition—so I found all those words somewhat disingenuous, I have to say. I rise today to speak in support of this important bill, the National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Bill 2026. As I just mentioned, I worked alongside people with disability and their families for many years in various roles before I became a member of parliament. I am therefore particularly passionate about protecting and promoting the rights and interests of people with disability.”
“Bob was successfully re-elected as the member for Kiama in 1988, 1991 and 1995 before he decided to retire in 1999 to spend more time with his family and pursue his many hobbies, including breeding and exhibiting poultry and target pistol shooting. Bob was a life member of the Maritime Union of Australia, a life member of the South Coast Labour Council and a life member of the Australian Labor Party. In 2005, he was awarded the Order of Australia for his service to local and state government. Bob Harrison is a local Labor Party legend who has left an extraordinary legacy. I am proud to have this opportunity to recognise his contribution to our community. Thank you.”
“I rise today to recognise Bob Harrison OAM, who passed away in April at the age of 91. Bob was born in Goulburn and moved to Port Kembla in 1953 to work for Australian Iron & Steel, which later became part of BlueScope. He became a waterside worker two years later and was an active member of the Maritime Union of Australia. In 1971, Bob was elected to Shellharbour Council and continued as a councillor until 1991, serving as mayor twice during those two decades. Bob became the state member for Kiama following a by-election in 1986. This meant that he was both the mayor of Shellharbour and the member for Kiama for five years.”
“It is essential that all Australians, regardless of their individual circumstances, are able to access and use telecommunications services. Contemporary consumer safeguards and industry obligations should reflect the role of telecommunications as an essential service, especially as businesses, governments and other organisations increasingly shift to online interaction platforms. This bill strengthens the safeguards that protect consumers and cracks down on telecommunications providers who mistreat customers. It ensures telecommunications providers meet community expectations by acting in good faith, providing reliable services and supporting customers. If they don't do these things, they will be accountable to the regulator. These are important reforms, and I commend this bill to the House.”
“Round 3 of the Regional Connectivity Program awarded over $115 million towards 74 projects that respond to local priorities, with the objective of maximising economic opportunities and social benefits for regional, rural and remote communities. This includes $7.4 million towards seven projects targeting improved connectivity for First Nations communities in central Australia from a dedicated central Australia stream. Two successful rounds of the On Farm Connectivity Program have provided over $30 million in rebates, delivering thousands of connectivity solutions for primary producers, and $20 million has been committed to round 3 of this program. In addition, the $55 million round 8 of the Mobile Black Spot Program is under assessment.”
“These reforms will ensure ACMA is an empowered and effective regulator and that appropriate structures are in place to drive better behaviour by telecommunications companies. In supporting this bill, I believe that it is important to note that the Albanese government is delivering on a more connected Australia by investing in regional connectivity. This includes $50 million for Regional Roads Australia Mobile Program pilot programs, with $10 million invested in my home state of New South Wales. These pilot programs test new and innovative solutions to increase mobile communications coverage on regional highways and major roads.”
“This will incentivise industry compliance and enable the regulator to take swift action to address consumer harm. ACMA currently cannot take direct enforcement action for breaches of the industry codes it has registered under the act. Compliance is, initially, technically voluntary. If a breach is found, ACMA can direct a provider to comply with the code or issue a formal warning. ACMA can only take stronger enforcement action if the provider continues its noncompliance—that is, it fails to observe ACMA's direction to comply. The bill introduces amendments to part 6 of the Telecommunications Act 1997 to make compliance with industry codes mandatory and remove the need for ACMA to direct a particular participant to comply with the code in the first instance.”
“It will also give ACMA and other government agencies the ability to educate providers, streamline complaints and compliance process, and create better overall market accountability. In the energy sector, the Australian Energy Regulator has the power to exclude energy retailers from the market, and it has used this power to quickly prevent and stop consumer harm. ACMA's power to exclude CSPs from the market is expected to be used as a measure of last resort, with suitable arrangements for a review of decisions, avenues for reregistration and maintaining connectivity for impacted consumers. Importantly, this reform means CSPs that are doing the wrong thing will face consequences, and consumers will be better protected. Another amendment in this bill will make telecommunications industry codes directly enforceable by ACMA.”
“The discussion paper noted that both Canada and Singapore operate telecommunications service provider registers or licence systems, and it outlined arguments in favour of a CSP registration/licensing scheme that included 'increasing visibility of CSPs operating in the market', which would assist regulatory agencies such as ACMA to provide education on CSP obligations, and 'facilitating an effective mechanism' for ACMA to stop CSPs that 'pose unacceptable risk to consumers, or cause significant consumer harm' operating in the market. Establishing a CSP registration scheme will increase visibility of the market and stop the operation of dodgy CSPs who pose an unacceptable risk to consumers or cause significant consumer harm.”
“However, some stakeholders have argued it has also allowed some providers to operate in a manner that causes significant consumer detriment … The market is open and competitive, with a significant number of CSPs—with estimates there may be approximately 1,500 'eligible CSPs' and a much larger number of general CSPs. Telecommunications have become firmly entrenched as an essential service in general life and commerce. Against this backdrop, it is appropriate to revisit fundamental aspects of the framework, including whether CSPs should be covered by a registration or licensing scheme.”
“This omission hampers ACMA's efforts to proactively educate carriage service providers about their obligations and target compliance and enforcement activity. In September 2023, the Department of Infrastructure, Transport, Regional Development, Communications and the Arts released a discussion paper concerning whether a CSP registration or licensing scheme should be developed for the telecommunications industry. The paper noted: … there has traditionally been a low barrier to enter the telecommunications market as a CSP. This low barrier has enabled a large and diverse market for the supply of telecommunications services.”
“The bill also expands and clarifies the Minister for Communications' authority to increase infringement notice penalties that ACMA can issue for breaches of industry codes, industry standards and service provider determinations. This bill establishes a carriage service provider registration scheme. Under the Telecommunications Act, there is a distinction between carriers, which operate telecommunication networks and infrastructure, and carriage service providers, or CSPs, which provide a range of telecommunications services such as phone or internet access. Currently, only carriers are required to be licensed and registered with ACMA, and there is no comprehensive list of carriage service providers operating in the market.”
“The Federal Court will now have the option to issue fines for regulatory breaches, which can include $10 million fines, three times the benefit gained from the regulatory breach, or 30 per cent of turnover. This penalty framework better aligns with those in other relevant sectors like energy and banking, and, under Australian Consumer Law, it more adequately reflects the telecommunications market and the varying size of the entities engaged in the market, ranging from small to medium businesses to very large companies, allowing the Federal Court to determine the appropriate penalty imposed on an entity for a breach.”
“Currently, civil penalties for breaches of industry codes and industry standards are not in line with the harm that can be caused or high enough to deter noncompliance. The bill amends the Telecommunications Act 1997 to increase the maximum general civil penalty for breaches of industry codes and industry standards from $250,000 to 30,300 penalty units—which is currently equivalent to just under $10 million—to align with penalties currently available for breaches of service provider determinations. The amendments also modernise the penalty framework for industry codes, industry standards and service provider determinations to allow for penalties based on the value of the benefit obtained from the conduct or the turnover of the relevant provider, allowing for penalties greater than $10 million.”
“The Albanese government's implementation of the legislative amendments and new standards that I've outlined confirm that we understand the critical role telecommunications plays in today's world and that consumers must be protected. The bill currently before the House, the Telecommunications Amendment (Enhancing Consumer Safeguards) Bill, continues this positive work by equipping ACMA with the tools and powers it needs to protect Australian consumers from poor and harmful telecommunications practices. This bill will result in several important changes. First, it increases the civil penalties the Federal Court can issue for breaches of industry codes and industry standards by 40 times.”