The ACCC released the current guide to the resolution of telecommunications access disputes in March 2004.
The guide was initially developed after the ACCC commissioned Phillips Fox and Resolve Advisors to conduct an independent review of its dispute resolution processes. The guide was revised in May 2003 to reflect the December 2002 amendments to the telecommunications specific provisions of the Trade Practices Act. The ACCC sought comments from interested parties regarding specific aspects of the May 2003 version of the guide. After considering submissions the ACCC published a new version of the guide in March 2004.
The Commission's Dispute Resolution Guidelines (the Guidelines) are currently under review to take account of evolved arbitration practices and legislative changes that have occurred since the Guidelines were last modified in March 2004. Two areas potentially most affected in this regard are in relation to the making of interim determinations without the requirement to observe procedural fairness and the provision for the making of Procedural Rules. While much of the Guidelines will remain relevant to current and future arbitration processes, there are some aspects of the Guidelines that may no longer be relevant or applied by the Commission. Further information as to the Commission's timetable and progress in updating the Guidelines will be posted on this site in due course.
The ACCC is a member of the management committee which established the telecommunications industry dispute resolution scheme, resolution@span. SPAN and its members launched resolution@span on 29 March 2004. ACCC chairman, Graeme Samuel, delivered the keynote speech at its launch, noting the ACCC's support for the scheme.