Do Not Call Register – Information for the public

• Background
• Exemptions
• Consent
• Industry standard
• Making a complaint
• Media releases and announcements
  • Information sheets
  • Media releases 
  • Register statistics

Background

The Do Not Call Register has opened and individuals can register their home phone and mobile numbers. Registration is free.

The register was established in response to community concern about the growth in unsolicited telemarketing calls.  It enables Australians to list their fixed line and mobile telephone numbers, used primarily for private or domestic purposes to opt out of receiving certain telemarketing calls.

To register:

• Visit: www.donotcall.gov.au
• Telephone: 1300 792 958
• or download: Do Not Call Register postal registration form (144kb)

Registration may take up to 30 days to take effect.

Generally it is against the law to make unsolicited calls to a telephone number listed on the Do Not Call Register. This is subject to some limited exemptions which are outlined below.

Any business that calls a number on the register, or arranges for a call to be made to a number on the register, may be in breach of the legislation and could face penalties.

ACMA has also determined a national industry standard for telemarketing and research calls. Together, the register and industry standard are designed to regulate unsolicited calls in Australia.

Exemptions

While it is generally unlawful for telemarketing calls to be made to numbers listed on the register, there are some exemptions. Certain public interest entities are allowed to make specific types of calls to numbers on the register. These include:

• charities
• educational or religious organisations
• registered political parties and independent members of parliament
• electoral candidates
• government bodies.

Market and social researchers conducting opinion polling and standard questionnaire-based research calls are also permitted to call. However, these calls will be subject to the industry standard for telemarketing and research calls. Further information about exemptions is available.

Consent

In some circumstances it is legal for a business with which you have a relationship to continue to call you, even if your telephone number is on the Do Not Call Register. This can occur when you have consented to receive calls from the organisation.

Consent can either be given expressly, for example, by ticking a box on a form agreeing to receive calls, or it may be inferred. Inferred consent is where a business has reason to believe, on the basis of its relationship with you, that you are willing to receive calls. For example, if you hold an account with a bank, the bank could infer that you are willing to receive calls about its products and services.

Even if you have previously consented to receive calls from a business, you are able to withdraw your consent at any time by asking the business not to contact you again.

An information sheet about consent is available.

Industry standard

In addition to the register, ACMA has made the Telecommunications (Do Not Call Register) (Telemarketing and Research Calls) Industry Standard 2007. The standard directs when and how telemarketers can contact individuals.

Specifically, it governs:

• the times at which telemarketing and research calls cannot be made
• information that must be provided by the caller including their name and business the termination of telemarketing and research calls and
• the use of calling line identification.

Under the industry standard, a caller must not make or attempt to make a call on:

There is an exception to the rules where consent has been given by the call recipient in advance to receive the call during the prohibited calling hours.

The standard commenced on 31 May 2007.

More information about the industry standard is available.

Making a complaint

Individuals who have listed their telephone numbers on the Do Not Call Register and receive a call from a telemarketer they believe is covered by the register can lodge a complaint by calling 1300 792 958 or by visiting the website at www.donotcall.gov.au.

In the first instance, all complaints will be assessed by the Do Not Call Register operator. Where a complaint can be resolved quickly, the register operator will respond to you directly.

More complex complaints will be referred by the register operator to ACMA for further consideration.

More information about ACMA's complaint handling and investigation arrangements is available.

Media releases and announcements

Information sheets

ACMA has produced a number of information sheets to help consumers understand specific parts of the Do Not Call legislation.

• Overview of the Do Not Call Register legislation
• Overview of the types of calls that are considered telemarketing calls
• Overview of calls that you could still receive, even after registering on the Do Not Call Register
• Overview of whether a telephone number is eligible to be registered on the Do Not Call Register
• Overview of the consent provisions that apply under the Do Not Call Register Act

• Overview of the complaints and investigation arrangements

Media releases

Media releases about the Do Not Call Register and telemarketing industry standard are available as follows:

• ACMA launches first Do Not Call Register investigation (22 Aug)
• ACMA removes prohibition on Sunday research calls (30 May)
• Do Not Call registrations reach 200,000 (4 May)
• Massive public response to national Do Not Call Register (3 May)
• Do Not Call Register launched (3 May)
• ACMA invites comment on Sunday calling times for research calls (20 April)
• ACMA calls for comment on Do Not Call Register access fee options (26 Mar)
• ACMA makes industry standard for telemarketing and research calls (26 Mar)
• ACMA awards contract for Do Not Call Register (1 Feb)
• ACMA releases draft telemarketing and research calls standard (21 Dec 2006)
• ACMA warns about people claiming to sell access to Do Not Call Register (30 Nov 2006)
• ACMA releases tender for Do Not Call Register (5 Oct 2006)
• Do Not Call Register - ACMA seeks comments on request for tender (1 Sept 2006)
• ACMA moves to curb unsolicited telemarketing calls (11 Aug 2006)
• Do Not Call legislation introduced (25 May 2006 - DCITA media release)

Register statistics

ACMA has produced statistics on the use of the Do Not Call Register. 

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