Community Consultation Protocol

1 Prior to the conference

1.1 Format

The consultation process will take the form of a public forum, at which:
(a) participants will be able to make oral submissions to the Tribunal; and
(b) the parties will not actively participate.

1.2 Venue

The public forum will take place at the conference facilities of the Federal Court of Australia, Level 20, 184 Phillip Street, Queens Square, Sydney.

1.3 Registration

(a) Any person, association or organisation may register their interest by emailing the Executive Officer of the Tribunal, Anne Gorgula at competitiontribunalregistry@fedcourt.gov.au.

(b) The Tribunal will accept registrations received before 5.00pm on 30 July 2015.

(c) The registration process will require participants to provide their contact details, the details of any group, association or organisation that they represent and the topics they wish to address in their submission. Groups should also identify one speaker and the names and roles of those who propose to attend. Participants will also be required to identify if they fall into one or more of the following categories:

(i) current and prospective network service users of the relevant services;
(ii) user or consumer associations;
(iii) user or consumer interest groups; or
(iv) other reason for attendance

(d) The registering participants will also acknowledge:

(i) that the personal details they have provided are true and correct;
(ii) that they will comply with the Tribunal's directions for the efficient, fair and transparent conduct of the forum; and
(iii) that the Tribunal cannot guarantee that litigation privilege will apply to statements made to the forum.

(e) The Tribunal will send a confirmation email to those who have registered.

1.4 Agenda

After the closing date for registrations, the Tribunal will then determine the agenda for the public forum, which it will email to parties and registered participants. The agenda will include:

(a) the names of persons and organisations that have registered to speak at the forum;
(b) the names of persons and organisations that have registered to attend the forum, but not speak; and
(c) details of the categories into which those persons and organisations fall under paragraph 1.3(c) above.

2 During the conference

2.1 Late Registration

(a) Individuals who have not registered and wish to attend may register in person immediately prior to the commencement of the public forum.
(b) Late registrants will be permitted to attend the forum, but will not be permitted to speak.

2.2 Sign in and identification

Attendees must sign in on arrival and wear name tags which identify their name, role and organisation represented (if any) whilst at the forum.

2.3 The role of the Tribunal

The President will chair the public forum, control proceedings and invite participants to give submissions. At the commencement of the public forum, the President will:

(a) open the public forum;
(b) set out the purpose of the forum and the Agenda; and
(c) ensure participants are aware of the presence of the media (if in attendance) and that a transcript is being taken.

2.4 Making submissions

(a) Depending on interest and time:

(i) consumer organisations will be allotted up to 15 minutes to provide their oral submissions; and
(ii) individual users 5 or 10 minutes to provide their submissions.

(b) All submissions will be directed to the Tribunal rather than to the parties.
(c) The President might, at his discretion, direct a question to the representatives of a party (who could choose whether or not to answer). However:

(i) participants will not be permitted to directly question the parties; and
(ii) the parties will not be permitted to question the participants.

(d) The President will retain the discretion to bring a particular submission to an end or exclude persons who disrupt the conduct of the public forum. The President may also direct questions to the participant making submissions to assist in the efficient delivery of the substance of a submission.

2.5 Organisations, Associations or Groups

Organisations or associations will nominate a single spokesperson to give submissions at the public forum. Only that single spokesperson may make submissions on behalf of the organisation or association.

2.6 The role of the parties

Parties to and interveners in the proceedings will not be permitted to speak at the public forum, unless the President directs a question to them. This includes legal or other professional advisors.

2.7 Legal and professional advisors

Registered participants, parties and interveners may have the assistance of legal or other professional advisers, but those advisors will not speak at the public forum, save for when the President may direct a question to the adviser's client pursuant to paragraph 2.6 above.

2.8 The role of the media

(a) Representatives of the media will be permitted to attend the public forum, but will not participate in it.
(b) Representatives of the media will not be permitted to make an audio or video recording of the public forum, without the approval in writing of the Tribunal.

2.9 Transcript

The Tribunal will arrange transcription of the hearing. This transcript will be published on the Tribunal website following the public forum.

2.10 Concluding the forum

The public forum will conclude when either:

(a) all persons wishing to make submissions have done so; or
(b) when the time period for submissions has expired.

The Tribunal might permit additional submissions by persons if time permits.

3 After the conference

3.1 Short written submissions

(a) Registered participants may submit a short written submission (not exceeding three pages in length) for the Tribunal to consider, to be sent to the Tribunal within two weeks of the public forum.
(b) If practicable, the Tribunal will publish submissions on its website.
(c) If the Tribunal does not publish the submissions on its website, the Tribunal will email the submissions to the parties.

3.2 Materials referred to at the forum

(a) After the conference, the Tribunal will publish on its website a copy of all of the materials referred to and/or provided to the Tribunal by persons making submissions at the public forum.