What is the ITA Process?

The ITA Process is intended to operate as a “fast track” dispute resolution process under which an ITA Adjudicator, or the ACCC acting as the Adjudicator, will investigate and resolve a non-price equivalence complaint under the Structural Separation Undertaking given by Telstra to the ACCC (SSU) or a dispute arising under the Migration Plan between a Wholesale Customer (or Wholesale Customers) and Telstra. 

The process is intended to be independent, fast, flexible, pragmatic, efficient and cost-effective for all the parties. Where possible, the objective of the process is to obtain an agreed or mediated outcome to a dispute. The process is also directed at undertaking a root cause analysis of disputes and achieving a permanent resolution to the dispute.

Generally, disputes referred to the ITA should be resolved in five weeks. However, for more complex disputes, disputes where the ACCC acts as the ITA Adjudicator or where there are multiple parties, a longer period may be needed.

This site offers a high level overview of the process. For a more detailed description of the process, and the structure of the ITA company, you should refer to the clause 20 and Schedule 5 of the SSU, together with the Migration Plan. This does not supplement or vary the provisions of the SSU and must not be relied on to interpret the meaning of the provisions of the SSU, or as a complete and accurate representation of those provisions.

Each of Telstra's SSU and Telstra's Migration Plan is available on the ACCC website. Note that the ITA Deed that is included in Schedule 6 of the SSU and referenced in other sections of this website has since been amended – Refer to Commencing Process for information on how to obtain a current version of the ITA Deed.

Who is the ITA Adjudicator?

The ITA Adjudicator is an independent expert, whose appointment is approved by the ACCC, with extensive relevant practical and technical experience in telecommunications services, systems and processes.  The ITA Adjudicator acts as an expert (who answers a question based on their professional skill and knowledge), not as an arbitrator (who acts like a judge resolving a dispute on the evidence before him or her). The current ITA Adjudicator is Dr Rob Nicholls.

At a referring party’s election, the ACCC can act as the Adjudicator.  Whether the Adjudicator is the ITA Adjudicator or the ACCC, the role and functions of the Adjudicator are the same. For example, the Adjudicator cannot exceed its investigatory or direction making power, regardless of whether it is the ACCC or the ITA Adjudicator.  However, the ACCC can develop its own practice and procedure for hearing disputes and can determine its own fees for acting as the Adjudicator.

For further information on the ACCC’s role as Adjudicator please visit the relevant ACCC webpage.

What aspects of the ITA Process are confidential?

The participation of parties in the ITA Process and all information in connection with the ITA Process is confidential. This includes the contents of determinations or directions by the Adjudicator. This confidential information must not be disclosed without the written consent of the other party unless disclosure is required by law or the rules of any exchange on which the disclosing party’s securities are listed or quoted.

Annual Reports