Who can use the ITA Process?

The ITA Process is only available to parties who have entered into an ITA Deed and paid the relevant fees owing under the deed. By signing the ITA Deed, the parties agree to:

  • Pay the Referral Fee (if it is the party referring the dispute to the ITA);
  • Ensure they have paid the annual administration fee to the Adjudicator before utilising the ITA Process in the financial year to which that fee relates. (Refer the section ‘What are the costs and fees for hearing disputes?‘ in The ITA Process for current information on this fee level).
  • Comply with the ITA Process set out in Schedule 5 of the SSU;
  • Co-operate in good faith and provide reasonable assistance to the Adjudicator;
  • Keep their participation in the ITA process confidential (including all information connected with the ITA Process);
  • Pay any costs they are directed to pay by the Adjudicator; and
  • Be bound by, and comply with, the final determination of the ITA Adjudicator.

In addition, the ITA Deed provides for other matters, including the limitation of the ITA Co and ITA Adjudicator’s liability and the ability of a party to commence arbitration or court proceedings in relation to an outstanding dispute. If a Wholesale Customer has a dispute that it wishes to refer to the ITA Process, it should request that Telstra and the ITA Co enter into an ITA Deed. As soon as reasonably practicable after the request has been made, Telstra will enter into, and procure the ITA Co to enter into, the ITA Deed.

Once the ITA Deed has been executed and the relevant fees have been paid under the ITA Deed, a party can then refer a dispute to the Adjudicator. While the party referring the dispute to the ITA Adjudicator pays the Referral Fee, the Adjudicator can order Telstra to repay the Referral Fee to a Wholesale Customer in the event that the relevant ITA Dispute is upheld.

What types of disputes can be referred to the Adjudicator?

A dispute can be referred to the Adjudicator where:

  • Either:
    • It has been referred to Telstra under clause 19 of the SSU as an “Equivalence Complaint” for investigation under the Accelerated Investigations Process (AIP) and:
      • It was not accepted under the AIP by Telstra;
      • The Wholesale Customer has rejected Telstra’s Rectification Plan or amended Rectification Plan for that complaint within 5 business days; or
      • There has been a material failure by Telstra to comply with an accepted Rectification Plan for that complaint; or
    • It is a complaint or dispute under the Migration Plan referred to the Adjudicator in accordance with the Migration Plan;

Before accepting a dispute, the Adjudicator must also be satisfied that the Wholesale Customer has entered into an ITA Deed with Telstra and that all relevant fees have been paid.

What disputes should not be referred to the Adjudicator?

Disputes about the provision of retail services cannot be referred to the Adjudicator.