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If the speeds are faster during daytime and drop at the peek hours (evenings) then it is congestion at your ISP. Realistically you can solve the problem only by changing to a different ISP, the chances of convincing Telstra to buy more bandwidth is slim.
Now finding a "better" ISP is a gamble again, you should look at whirlpool forums for recommendations for your particular suburb. There is not much point reading comments how ISP A works well somewhere else and also not much point reading how 4G mobile broadband works well somewhere else. Neither of those is representative of what is happening in your suburb. For example, you may have more people around you watching Netflix at dinner time and sucking up the available bandwidth (which is different elsewhere anyway). Or you may live in a 4G dead spot.
You should do your research, whirlpool forums are a great starting point. Having said that, I heard only good things about Aussie Broadband. It already got mentioned a few posts up.
Which plan are you on? Do you have a contract?
Several ISPs were recently fined by ACCC for advertising speeds and letting customers pay for speeds that were not even theoretically achievable. Furthermore, now the providers must advertise realistic speeds and also show the expected speeds during the evening congestion periods.
So, while you may or may not be able to get the compensation, you may be able to use your crappy download/upload speeds to break the contract (if you have one).
Good luck...
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