What are my rights if my internet service is constantly dropping out?

In Plain English

If your internet service is constantly dropping out, here's what you should know based on Australian regulations:

1. Report the issue: Start by reporting each instance of the dropout to your internet provider. They should treat it as a "service outage report" and investigate if it's due to a network problem.
2. Network Outage Complaint: If the issue is due to a network outage, your provider must acknowledge your complaint, give you a reference number, and handle it according to their network outage handling process. The goal is to restore your service.
3. Default Resolution: The provider should try to fix the outage as quickly as possible. If it's an urgent issue, they should try to help you stay connected using alternative options if available.
4. Updates: If the dropout is due to a major or significant local outage, your provider should keep you informed about the situation, including the scale of the outage, the cause (if known), affected areas, and estimated restoration time. These updates should be provided regularly, especially if there are any significant changes.
5. NBN Issues: If you're on the NBN, and the service isn't working correctly, your provider must assess the line's capability. If the maximum speed is lower than expected, they should offer you a cheaper plan that matches the speed or let you cancel your contract without penalty. If your NBN service is not operational after a certain period (23 working days), the provider must create a plan to fix it and potentially conduct a technical audit.
6. Complaints: If you're not happy with how your provider handles the issue, you can make a formal complaint. The provider must have a clear complaints handling process and inform you of your right to take the issue to the Telecommunications Industry Ombudsman (TIO) if you're not satisfied.
7. Transparency: Mobile carriers must publish a register of outages on their website, including the date, duration, location, and number of affected services. Other providers must link to this register if the mobile carrier provides the underlying network.

Detailed Explanation

Your rights regarding constant internet dropouts are covered by several pieces of Australian telecommunications legislation, primarily focusing on complaint handling, service reliability, and consumer protection.

1. Telecommunications (Consumer Complaints Handling) Industry Standard 2018](https://www.legislation.gov.au/F2018L00727/latest/text): This standard outlines how carriage service providers must handle consumer complaints, including those related to network outages.
   • Network Outage Complaints Handling Process: Carriage service providers must establish and implement a network outage complaints handling process that meets minimum accessibility requirements (sections 10A and 10B).
   • Acknowledgement and Default Resolution: When you report a service outage, the provider must determine if it's a network outage complaint (section 17B). If so, they must acknowledge the complaint (section 17C), provide a unique reference number, and explain that it's being handled under their network outage complaints handling process. The default resolution is to restore access to the affected carriage services (section 17C).
   • Urgent Network Outage Complaints: The provider must make reasonable efforts to assist consumers with urgent network outage complaints to stay connected (section 17D(2)).
   • Resolution and Notification: A network outage complaint is considered resolved when services are restored, and the provider has notified you (section 17D(3)). The notification must include information on how to make a further complaint if you're not satisfied and how to seek further assistance if the service hasn't been restored.
   • Complaints Monitoring and Analysis: The provider must ensure that a consumer’s telecommunications service cannot be cancelled solely because the consumer was unable to resolve the complaint directly with the carriage service provider and pursued options for external dispute resolution [Chunk 7].
2. Telecommunications (Customer Communications for Outages) Industry Standard 2024](https://www.legislation.gov.au/F2024L01447/latest/text): This standard focuses on how carriers and carriage service providers communicate with consumers during major or significant local outages.
   • Notifications and Communications: If the dropouts are due to a major outage or significant local outage, the provider must attempt to notify affected end-users (section 12(1)(a) and 12A(1)(a)).
   • Content of Notifications: Notifications must include information about the scale of the outage, the cause (if known), affected geographic areas, impacted services, and estimated timeframes for updates and restoration (section 13(1)).
   • Regular Updates: The provider must provide regular updates about the outage until services are fully restored (section 14(2)). These updates must be provided as soon as practicable after a material change occurs, or at least once every six hours for the first 24 hours, and once during each subsequent 24-hour period (section 14(3)).
   • Restoration Notification: Once services are restored, the provider must notify affected end-users (section 15(2)).
3. Telecommunications Service Provider (NBN Service Migration) Determination 2018](https://www.legislation.gov.au/F2018L01052/latest/text): This determination provides specific protections for consumers migrating to the NBN.
   • Line Capability Assessment: For next-generation NBN broadband services, the provider must assess the line's capability (section 14(2)). If the maximum attainable speed is lower than expected, they must advise you and offer options such as moving to a lower speed tier plan or exiting the contract without cost (section 14(3)).
   • Service Not Operational: An NBN CSP must not charge a consumer for an NBN service unless the service is operational [section 15(1)].
   • Unreasonable Delay: If the NBN service is not operational after 23 working days, the provider must prepare a plan to ensure the service is operational as soon as possible (section 16(2)). If it's still not operational after a further 20 working days, a technical audit must be completed (section 16(6)).
4. Telecommunications (NBN Continuity of Service) Industry Standard 2018](https://www.legislation.gov.au/F2018L00815/latest/text): This standard aims to ensure continuity of service during the NBN migration process.
   • Unreasonable Delay: If the NBN service is not operational after 23 working days, the provider must prepare a plan to ensure the service is operational as soon as possible (section 23(1)). If it's still not operational after a further 20 working days, a technical audit must be completed (section 23(5)).
5. Telecommunications Service Provider (Network Outages Register) Determination 2025](https://www.legislation.gov.au/F2025L01399/latest/text): This determination requires mobile carriers to publish a register of outages on their website.
   • Outage Register: Mobile carriers must establish and publish a register of outages affecting their public mobile telecommunications services (section 5(1)). The register must include the date, duration, geographical location, and number of affected services (section 5(4)). Other providers who supply a public mobile telecommunications service must link to the mobile carrier's outage register (section 5(7)).
6. Telecommunications (Consumer Complaints) Record-Keeping Rules 2018](https://www.legislation.gov.au/F2018L00721/latest/text): These rules ensure that retail carriage service providers keep adequate records of consumer complaints.
   • Complaint Type: One category of complaint type must be a network outage complaint [Chunk 1].

If your internet service is constantly dropping out, document each instance, report it to your provider, and escalate the issue through their complaints handling process if necessary. If you remain unsatisfied, you have the right to take your complaint to the Telecommunications Industry Ombudsman (TIO).