ACCAN's chief executive commented that
Our research has found that inconsistent and unsatisfactory consent requirements are scattered throughout a mix of telecommunication laws and industry codes of conduct. In many key cases consent requirements are absent entirely. The collection of informed consent from consumers is a key requirement in the communications sector. Consent is essential for contract formation, subscription services and the use of customer informationThe report noted that
information provided to consumers regarding communications products – such as mobile phone and Internet subscriptions – ranged from zero information right through to 57 pages of detailed legal jargon ... few consent requirements that exist in laws and codes are inconsistent and do not include coverage of key issues such as the capacity of the individual to provide consent (such as young people or people with an intellectual disability).The report also considers questions regarding obtaining informed consent from specific consumer categories, including indigenous consumers, people with disabilities and young people. The young and indigenous consumers faced significant challenges in dealing with the communications industry, reflected in over-representation in consent complaints statistics.
Another concern is that there is no requirement to record consent in the communications sector, and this has led to a lot of problems for consumers involved in disputes. Caseworkers interviewed in this project reported numerous cases where the consumer denies all knowledge of a service that appears on their bill
