Federal Register of Legislation - Australian Government

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Determinations/Communications as made
This determination repeals the Telecommunications (Emergency Call Service) Determination 2009 which was due to sunset on 1 April 2020 and imposes requirements on carriers, carriage service providers and the emergency call persons.
Administered by: Communications and the Arts
Registered 27 Nov 2019
Tabling HistoryDate
Tabled HR28-Nov-2019
Tabled Senate02-Dec-2019

Commonwealth Coat of Arms of Australia

 

Telecommunications (Emergency Call Service) Determination 2019

The Australian Communications and Media Authority makes the following determination under subsection 147(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999

Dated   26 November 2019

 

Nerida O’Loughlin

[signed]

Member

 

Fiona Cameron

[signed]

Member/General Manager

 

Australian Communications and Media Authority

 

 

 


Contents

Part 1—Preliminary                                                                           1

1  Name........................................................................................................................................ 1

2  Commencement........................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Repeal....................................................................................................................................... 1

5  Purpose and objects.................................................................................................................. 1

6  Definitions................................................................................................................................ 2

7  References................................................................................................................................ 7

Part 2—Requirements for carriers and carriage service providers  8

Division 2.1 General requirements                                                                         8

8  General requirements - carriers................................................................................................. 8

9  General requirements - carriage service providers.................................................................... 8

10  Requirement for carriers and carriage service providers — access for carriage service provider       8

11  Networks................................................................................................................................ 8

Division 2.2 Access to emergency call services and carriage of emergency calls 9

Subdivision A    Giving end-users access to the emergency call service                                9

12  Application of subdivision..................................................................................................... 9

13  Requirements when supplying an exempt satellite service.................................................... 10

14  Carriage service provider must ensure controlled networks and controlled facilities give access to end-users  10

15  Requirement if end-user uses emergency service number 000 or 112 – emergency telephone service              10

16  Requirement if end‑user uses emergency service number 112 — satellite service................ 10

17  Requirement if end‑user uses emergency service number 106 — standard telephone service 10

18  Requirement if end‑user uses emergency service number 106 — satellite service................ 11

Subdivision B    Carriage of emergency calls                                                                            11

19  Carriage service provider must ensure an emergency call is carried to relevant termination point     11

20  Carriage service provider must ensure an emergency call is carried to an emergency service organisation       11

21  Speed, efficiency and reliability for numbers 000 and 112................................................... 12

Division 2.3 Call and other information requirements                                        12

22  Application of Division........................................................................................................ 12

Subdivision A    Giving call information                                                                                     12

23  Information provided automatically with emergency call – carriers and carriage service providers   12

24  Additional information after emergency calls are transferred – carriage service provider..... 13

25  Additional information after emergency calls are transferred - carrier.................................. 13

Subdivision B    Other information                                                                                               14

26  Information identifying carriage service providers............................................................... 14

Division 2.4 Notification, cooperation and welfare checks                                  14

27  Notification requirements  – significant network outages..................................................... 14

28  Welfare checks  – significant network outages..................................................................... 15

29  Cooperation in event of disruption to emergency call service............................................... 15

Division 2.5             Minimisation of calls that are not emergency calls                 15

30  Certain calls with additional digits........................................................................................ 15

31  Minimisation requirement — carriers and carriage service providers................................... 15

Division 2.6   Charging                                                                                          17

32  Application of Division........................................................................................................ 17

33  Free access by end‑users...................................................................................................... 17

34  Charging emergency service organisations........................................................................... 17

35  Charging emergency call persons......................................................................................... 17

Part 3—Requirements for emergency call person                           19

Division 3.1 General requirements                                                                       19

36  General requirements............................................................................................................ 19

37  Notice requirements for emergency call persons.................................................................. 19

38  Requirement to use common system.................................................................................... 19

39  Change to common system................................................................................................... 19

Division 3.2 Handling of calls                                                                               20

40  Receiving and handling calls................................................................................................ 20

41  Emergency call person must ensure emergency call carried to relevant answering point...... 20

42  Transfer to emergency service organisation.......................................................................... 20

43  Transfer to announcement for State and Territory emergency services................................. 21

44  Transfer to announcement for non‑emergency contacts........................................................ 21

45  Transfer of Caller No Response Call.................................................................................... 21

46  Inability to use Caller No Response Call announcement...................................................... 22

47  Appearance of emergency call services................................................................................ 22

48  Speed, efficiency and reliability for numbers 000 and 112................................................... 22

49  Speed, efficiency and reliability for number 106.................................................................. 22

Division 3.3 Minimisation of calls that are not emergency calls                         23

50  Minimisation requirement — emergency call person for 000 and 112................................. 23

Division 3.4 Call and other information requirements                                        24

Subdivision A    Giving call information                                                                                     24

51  Information about emergency calls....................................................................................... 24

52  Additional information after emergency calls are transferred................................................ 24

Subdivision B    Other information                                                                                               25

53  Access to IPND by emergency call person for 000 and 112................................................ 25

54  Information identifying carriage service providers............................................................... 25

Division 3.5 Information agreement and communications protocol                   25

55  Agreement between emergency call persons........................................................................ 25

56  Compliance with information agreement.............................................................................. 26

57  Communications protocol..................................................................................................... 26

Division 3.6 Charging                                                                                           27

58  Charging emergency service organisations........................................................................... 27

59  Charging for using common system..................................................................................... 27

Division 3.7 Records                                                                                             27

60  Record keeping requirements............................................................................................... 27

Schedule 1—Repeals                                                                                                   29

Telecommunications (Emergency Call Service) Determination 2009 [FRL No. F2009L04720]     29

 

 


Part 1—Preliminary

1  Name

                   This Determination is the Telecommunications (Emergency Call Service) Determination 2019.

Commencement

                   Each provision of this Determination specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table.  Any other statement in column 2 has effect according to its terms.

Column 1

Column 2

Provisions

Commencement

1. Sections 27 and 28

1 June 2020.

2. The remaining provisions of this Determination

The day after this Determination is registered on the Federal Register of Legislation.

 

Note:       The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.

3  Authority

                   This Determination is made under subsection 147(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.

Repeal

                   The instrument that is specified in Schedule 1 to this Determination is repealed.

5  Purpose and objects

             (1)  For subsection 147(1) of the Act, this Determination imposes requirements on:

                     (a)  carriers;

                     (b)  carriage service providers;

                     (c)  emergency call persons;

                   in relation to emergency call services.

             (2)  The objects of this Determination are to:

                     (a)  ensure that the highest levels of access, integrity and service continuity of the emergency call service are maintained;

                     (b)  ensure that controlled networks and controlled facilities are able to successfully carry emergency calls to the emergency call service; and

                     (c)  ensure that a carriage service provider, as far as practicable, carries emergency calls in a way that would give an end user of an emergency telephone service the appearance of a single national emergency call system.

                   Note:   To achieve these objects, this Determination includes provisions which require carriers, carriage service providers and emergency call persons to have mechanisms in place to:

(a)        detect and prevent high volumes of non-genuine calls to the emergency call service (see Divisions 2.5 and 3.3);

(b)       supply the most precise location information available for emergency calls to the emergency call service (see Divisions 2.3 and 3.4); and  

(c)        coordinate communications where there is a disruption to the emergency call service (see Divisions 2.4 and 3.5).

Definitions

                   In this Determination, unless the contrary intention appears:

Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.

Alternate Address Flag means the field in the IPND that provides information about whether the physical location of an end‑user may reliably be taken to be at the service address provided to the IPND Manager for the service.

announcement for Caller No Response Calls means a pre‑recorded voice announcement that:

                     (a)  asks the end‑user to dial or press ‘55’ if the end‑user requires emergency assistance; and

                     (b)  if played in full, repeats the request described in paragraph (a) three times.

announcement for emergency calls means a pre‑recorded voice announcement that advises the end‑user that they have made a call to an emergency call service.

announcement for non‑emergency contacts means a pre‑recorded voice announcement that explains how to find any person’s or organisation’s telephone number.

announcement for number check means a pre‑recorded voice announcement that advises the end‑user to check the number.

announcement for State and Territory emergency services means a pre‑recorded voice announcement that includes:

                     (a)  an explanation that a State or Territory emergency service cannot be contacted through the emergency call service; and

                     (b)  information on how to contact a State or Territory emergency service.

                business day means a day other than a Saturday, a Sunday or a public holiday in the place concerned.

Caller No Response Call means a call made to an emergency service number by an end‑user who, when asked at least twice by the call‑taker if police, fire or ambulance is required, has not responded, or has not indicated in another way, that police, fire or ambulance is required.

call‑taker means an individual who responds to a call made to an emergency service number on behalf of:

                     (a)  the emergency call person for 000 and 112; or  

                     (b)  the emergency call person for 106.

Note:          The emergency service numbers are defined by section 466 of the Telecommunications Act 1997. At the commencement of this Determination, the emergency service numbers were 000, 106 and 112.

common system means the processing system used by the emergency call person for 000 and 112 and the emergency call person for 106 to identify the relevant emergency service organisation to which an emergency call should be transferred and to transfer an emergency call to that emergency service organisation with the required information about the caller.

default CLI means the default calling line identification (CLI) for a call that is provided by the telecommunications network from which the call originated, where:

(a)    there is no CLI associated with the call; or

(b)   the CLI associated with the call has been replaced with another CLI in accordance with the Industry Guideline.

denial of service attack means an attack or attempted attack on a telecommunications network involving the use of Internet traffic (or packets) to deny end-users access to the emergency call service.

disruption to the emergency call service means the situation where due to an incident or series of incidents, an emergency call person is unable to answer, handle or transfer an emergency call.

Note:          An ECS disablement event is an example of an incident that can lead to a disruption to the emergency call service.

diversity means ensuring that a telecommunications network has two or more independent connections that:

                     (a)  route between any two points over more than one geographic or physical path; and

                     (b)  have no common points of connection along the way, with the exception of the end points.

ECS disablement event means an incident (whether deliberate or not) that results in a disruption to the emergency call service and may include:

                     (a)  unauthorised impairment of communications;

                     (b)  equipment programming errors which result in a high volume of non-genuine calls being made to the emergency call service; or

                     (c)  a denial of service attack.

emergency call means a call made to an emergency service number, during which a response is sought from an emergency service organisation to deal with a time‑critical event:

                     (a)  that is perceived to threaten life; or   

                     (b)  that the organisation is established to respond to.

emergency call person for 000 and 112 means the emergency call person who is the recognised person who operates an emergency call service for the emergency service numbers 000 and 112.

Note:          At the commencement of this Determination, the emergency call person for 000 and 112 was Telstra.

emergency call person for 106 means the emergency call person who is the recognised person who operates an emergency call service for the emergency service number 106.

Note:          At the commencement of this Determination, the emergency call person for 106 was Concentrix Services Pty Ltd (ACN 166 171 991).

emergency service organisation has the meaning given by subsection 147(11) of the Act.

emergency telephone service means any of the following:

                     (a)  a standard telephone service;

                     (b)  a public mobile telecommunications service:

                              (i)  that is not a standard telephone service;

                             (ii)  that enables the carriage of an emergency call; and

                            (iii)  for which the customer equipment used to make the call does not provide a unique customer identifying number to the carriage service provider.

end‑user’s State or Territory means the State or Territory from which the call is being made, according to the information available to the call‑taker.

exempt satellite service means a satellite service that:

                     (a)  is supplied to a non-handheld satellite device;

                     (b)  is a satellite service supplied by means of a satellite owned, controlled or operated by Inmarsat Global Limited (incorporated in the United Kingdom); and

                     (c)  is not supplied in fulfilment of the universal service obligation.

Note:          The expression universal service obligation has the meaning given by section 9 of the Act.

fixed local service means a carriage service that:

                     (a)  is supplied by a carriage service provider;

                     (b)  is capable of voice telephony; 

                     (c)  is supplied for receiving incoming calls wholly, or principally, at one fixed location which can be identified, from the number called, by the provider of the carriage service used to make the call; and

                     (d)  is located at either:

                              (i)  a switching facility; or

                             (ii)  the premises occupied or used by a customer.

Industry Guideline means:

                     (a)  the guideline titled Location Information for Emergency Calls (G557:2014), published by Communications Alliance Ltd; or

                     (b)  a guideline published by Communications Alliance Ltd that replaces the guideline specified in paragraph (a).

Note:          The Industry Guideline consists of five Parts, under the general title Location Information for Emergency Calls.  A copy of the guideline could, at the time of making this Determination, be obtained from Communication Alliance Ltd’s website www.commsalliance.com.au free of charge.

information agreement: see subsection 55(1).

IPND means:

                     (a)  the Integrated Public Number Database established and maintained by Telstra under the Telecommunications (Carrier Licence Conditions - Telstra Corporation Limited) Declaration 2019; or

                     (b)  if the Minister has determined, under subsection 472(1) of the Telecommunications Act 1997, that a specified person other than Telstra is to provide and maintain an integrated public number database — that database.

Note:          The Telecommunications (Carrier Licence Conditions - Telstra Corporation Limited) Declaration 2019 is a legislative instrument. See the Federal Register of Legislation at www.legislation.gov.au.

                   IPND Manager means:

                     (a)  Telstra; or

                     (b)  if the Minister has determined, under subsection 472(1) of the Telecommunications Act 1997, that a specified person other than Telstra is to provide and maintain an integrated public number database — that person.

most precise location information available means the most precise location information that a carriage service provider, carrier or emergency call person has available, about the geographic or physical location of the customer equipment from which an emergency call originated, which includes, at a minimum, the location information specified in the Industry Guideline.

Note:          The Industry Guideline provides information about the types of most precise location information that may be available.  

                            new information agreement: see subsection 55(1).

non-genuine call means a call made to an emergency service number that:

                     (a)  is not an emergency call; and

                     (b)  includes but is not limited to:

                              (i)  calls that are vexatious, menacing, harassing, or offensive;

                             (ii)  accidental calls or misdials;

                            (iii)  a call intended by the person making the call to induce a false belief that an emergency exists; or

                            (iv)  calls resulting from an ECS disablement event.

non-handheld satellite device means customer equipment that is:

                     (a)  designed for use in connection with the supply of a satellite service; and

                     (b)  capable of operating only when connected to other customer equipment, other than a SIM.

public payphone means a public telephone that is managed by a carrier or a carriage service provider and is located in a public place, but does not include a public telephone that is located in a public place and is leased to a person by a carrier or a carriage service provider.

public place means a place to which the public usually has access including a place where access is restricted during certain hours or certain days of the week, but does not include:

                     (a)  a place to which a person (other than the Commonwealth, a State or a Territory) is entitled to deny the public entry; or

                     (b)  a vehicle, vessel, aircraft or other means of transport.

quarter means a period of 3 months starting on 1 January, 1 April, 1 July or 1 October in a year.

redundancy means ensuring that a telecommunications network has an alternative path or paths for network communication, to ensure the continuity of network services.

relevant answering point means:

                     (a)  for a call to the emergency service number 000 or 112, the point in the network of the emergency call person for 000 and 112, after the point at which the announcement for emergency calls is played, at which a call‑taker is able to respond to the call; and

                     (b)  for a call to the emergency service number 106, the point in the network of the emergency call person for 106, after the point at which the announcement for emergency calls is played, at which a call‑taker is able to respond to the call.

 

 

relevant termination point means:

                     (a)  for a call to the emergency service number 000 or 112, the point in the network of the emergency call person for 000 and 112 reasonably specified by that person as the point to which a call using a particular type of carriage service must be carried; and

                     (b)  for a call to the emergency service number 106, the point in the network of the emergency call person for 106 reasonably specified by that person as the point to which a call using a particular type of carriage service must be carried.

satellite service means a carriage service where customer equipment used in connection with the supply of the service communicates directly with a satellite‑based facility.

Note:          A satellite service may be used to provide a fixed or public mobile telecommunications service to an end‑user.

service address means the address supplied by a customer to their carriage service provider and required to be given to the IPND Manager by the carriage service provider in compliance with Part 4 of Schedule 2 to the Telecommunications Act 1997.

significant network outage means an unscheduled network failure that adversely affects the carriage of emergency calls over that network in a significant way, having regard to:

                     (a)  the number of customers impacted by the outage;

                     (b)  the likely amount of time it will take to restore carriage services disrupted by the outage; and

                     (c)  the availability of other carriage services that can be used by affected customers to make and receive calls.

SIM means a subscriber identity module.

SMS means short message service.

State or Territory emergency service means any of the following services established under a law of a State or Territory:

                     (a)  the State Emergency Service of New South Wales;

                     (b)  the Victoria State Emergency Service;

                     (c)  the State Emergency Service of Queensland;          

                     (d)  the Department of Fire and Emergency Services Western Australia;

                     (e)  the South Australian State Emergency Service;

                      (f)  the State Emergency Service of Tasmania;

                     (g)  the ACT State Emergency Service; or

                     (h)  the part of the Northern Territory Fire and Rescue Service that is not an emergency service organisation.

unsuccessful emergency call means an emergency call made by an end-user where the call was not carried to the relevant termination point or the relevant answering point, as the case may be.

welfare check means the process of checking on the safety and well-being of an end-user including, at a minimum:

(a)    if the end-user made an unsuccessful emergency call using an emergency telephone service:

(i)                 attempting to contact the end-user by phone; and

(ii)               if the phone call is unsuccessful, referring the matter to the police force or service in the State or Territory in which the end-user is located; or

(b)   if the end-user made an unsuccessful emergency call using a public mobile telecommunications service:

(i)                 sending an SMS (first SMS) to the end-user requesting that the end-user respond in the manner prescribed in the message;

(ii)               if no response is received to the first SMS within a reasonable time after the message is sent, sending another SMS (second SMS) containing the same information as the first SMS; and

(iii)             if no response is received to the second SMS within a reasonable time after the message is sent, referring the matter to a police force or service in the State or Territory in which the end-user is located.

Note:          A number of expressions used in this Determination are defined in section 7 of the Telecommunications Act 1997, and are incorporated into the Act by subsection 5(1) of the Act, including:

(a)    access (in relation to an emergency call service);

(b)    ACMA;

(c)    carriage service;

(d)    carriage service provider;

(e)    carrier;

(f)    controlled carriage service;

(g)    controlled facility;

(h)    controlled network;

(i)     customer equipment;

(j)     emergency call person;

(k)    emergency call service;

(l)     emergency service number;

(m)   Home Affairs Department

(n)    public mobile telecommunications service;

(o)    public number;

(p)    recognised person who operates an emergency call service;

(q)    standard telephone service;

(r)    telecommunications network;

(s)    Telstra.

References

                   In this Determination, unless the contrary intention appears:

                     (a)  a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and

                     (b)  a reference to any other kind of instrument is a reference to that other instrument as in force from time to time.

Note 1:       For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2:       All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

Note 3:       For paragraph (b), see subsection 147(8) of the Act and section 589 of the Telecommunications Act 1997.

 



Part 2—Requirements for carriers and carriage service providers

 

Division 2.1                        General requirements

8  General requirements - carriers

                   A carrier must ensure that it has written arrangements in place for:

                     (a)  dealing with emergency calls that the carrier may be required to carry; and

                     (b)  doing everything reasonably necessary to ensure that carriage service providers using the carrier’s controlled networks or controlled facilities are able to comply with their obligations under this Determination.

General requirements - carriage service providers

                   A carriage service provider who supplies an emergency telephone service must have written arrangements in place that enable the provider to comply with the requirements imposed by this Determination in relation to emergency calls made using the service.

Examples:

(a)    Procedures that enable calls made to an emergency service number to be delivered to an emergency call service in accordance with this Determination.

(b)    Arrangements ensuring that calls made using a telecommunications device for the deaf to the emergency service number 106 are delivered to the relevant emergency call person.

(c)    Agreements with any other carrier or carriage service provider whose carriage service, controlled network or controlled facility is required for the delivery of emergency calls in accordance with this Determination.

(d)    Arrangements to ensure that calls made using a satellite service, other than an exempt satellite service, are delivered to the relevant emergency call person.

10  Requirement for carriers and carriage service providers — access for carriage service provider

             (1)  In this section, provider 1 is a carriage service provider who supplies an emergency telephone service.

             (2)  A carrier must provide provider 1 with access to controlled carriage services, controlled networks and controlled facilities:

                     (a)  to the extent necessary to enable provider 1 to comply with this Determination; and

                     (b)  to the extent that the carrier controls them, or has reasonable access to them.

             (3)  A carriage service provider (provider 2) must provide provider 1 with access to controlled carriage services, controlled networks and controlled facilities:

                     (a)  to the extent necessary to enable provider 1 to comply with this Determination; and

                     (b)  to the extent that provider 2 controls them, or has reasonable access to them.

11  Networks

             (1)  Carriers and carriage service providers must maintain, as far as practicable, the proper and effective functioning of their controlled networks and their controlled facilities that are used for the carriage of emergency calls to the emergency call service.

             (2)  Carriers and carriage service providers must:

                     (a)  ensure that their controlled networks which are used for the carriage of emergency calls to the emergency call service have diversity and redundancy; or

                     (b)  have written arrangements in place with other carriers or carriage service providers to carry emergency calls made using their controlled networks or controlled facilities in circumstances where the first mentioned carrier or carriage service providers’ controlled network or controlled facility is unable to carry the calls.

             (3)  Nothing in subsection (2) is intended to limit subsection (1).  

 

Division 2.2         Access to emergency call services and carriage of emergency calls

Subdivision A                       Giving end-users access to the emergency call service

12  Application of subdivision

             (1)  This subdivision does not apply to a carriage service provider if the provider is prohibited or prevented from giving an end‑user access to an emergency call service because of something required by, or authorised under, a Commonwealth, State or Territory law.

Example:    Things required by, or authorised under, a Commonwealth, State or Territory law include:

(a)    A carrier or carriage service provider has acted, in good faith, under subsection 313(1) of the Telecommunications Act 1997 to prevent its networks or facilities from being used in, or in relation to, the commission of offences against the laws of the Commonwealth or a State or Territory.

(b)    A carriage service provider has received a request from a police force or service under section 315 of the Telecommunications Act 1997 to suspend the service.

(c)    A carrier or carriage service provider that manages a telecommunications network or facility has disconnected customer equipment or customer cabling from that network or facility under subsection 447(1) of the Telecommunications Act 1997 because of its honest belief that the equipment or cabling was, or was likely to be, a threat to the integrity of the network or facility.

             (2)  This subdivision does not apply if:

                     (a)  a matter beyond the control of the carriage service provider materially and adversely affects the provider’s technical ability to give an end-user access to the emergency call service; or

                     (b)  the emergency telephone service used to make the emergency call is an exempt satellite service.

Note:          Matters beyond the control of a carriage service provider which may materially and adversely affect a provider’s technical ability to give an end‑user access to an emergency call service include:

(a)    Failure of customer equipment or network equipment at the premises of the customer for that service because of a mains power outage, interference with or misuse of customer equipment or network equipment by end‑users, or wear and tear.

(b)    Failure of in‑building wiring because of physical damage at the customer’s premises.

(c)    Failure of an access line because of damage or interference caused by a third party or by environmental factors.

(d)    Failure due to access to an emergency call service being barred on the customer equipment by the customer.

(e)    Failure of a controlled network or controlled facility because of a denial of service attack where reasonable measures have been taken to minimise the impact of such an attack.

13  Requirements when supplying an exempt satellite service

                   Before a carriage service provider first supplies an exempt satellite service to a customer, the provider must notify the customer in writing that the service cannot be used to make an emergency call.

14  Carriage service provider must ensure controlled networks and controlled facilities give access to end-users

                   A carriage service provider must ensure that its controlled networks and controlled facilities give an end‑user access to emergency call services whether or not a number is currently issued to the end‑user in relation to a service.

Note:          The provider is subject to the requirement even if a relevant controlled network or controlled facility is owned or operated by a carrier. A carrier must be prepared to assist a provider to comply with this requirement — see section 8.

15  Requirement if end-user uses emergency service number 000 or 112 – emergency telephone service

             (1)  If:

                     (a)  a carriage service provider supplies an emergency telephone service; and

                     (b)  an end user makes an emergency call on the service using the emergency service number 000,

the carriage service provider must give the end user access to the emergency call service operated by the emergency call person for 000 and 112.

             (2)  If an end-user uses the emergency service number 112 on a public mobile telecommunications service, the carriage service provider who supplies the service must give the end-user access to the emergency call service operated by the emergency call person for 000 and 112. 

16  Requirement if end‑user uses emergency service number 112 — satellite service

             (1)  This section applies if:

                     (a)  an end‑user uses the emergency service number 112 on a satellite service; and

                     (b)  the customer equipment used to supply the satellite service is capable of being used to access a public mobile telecommunications service.

             (2)  The carriage service provider supplying the satellite service must give the end‑user access to the emergency call service operated by the emergency call person for 000 and 112.

17  Requirement if end‑user uses emergency service number 106 — standard telephone service

                   If an end‑user uses the emergency service number 106 on a carriage service that is a standard telephone service as described in subparagraph 6(1)(b)(ii) of the Act, the carriage service provider must give the end‑user access to the emergency call service operated by the emergency call person for 106.

Note 1:       Calls can be made to the emergency call service operated by the emergency call person for 106 in a way that includes a text component. Technology currently available for making calls with a text component includes:

(a)    teletypewriters (TTY); and

(b)    a telecommunications device for the deaf.

Note 2:       Other technology may, in time, become available as a form of standard telephone service within the meaning of the Act and this Determination. This Determination will apply to that technology.

18  Requirement if end‑user uses emergency service number 106 — satellite service

             (1)  This section applies if an end-user uses the emergency service number 106 on a satellite service that is technically capable of carrying a call using that emergency service number.

             (2)  The carriage service provider supplying the service must give the end‑user access to the emergency call service operated by the emergency call person for 106.

Subdivision B                       Carriage of emergency calls

19  Carriage service provider must ensure an emergency call is carried to the relevant termination point

             (1)  Subject to subsection (2), a carriage service provider who supplies an emergency telephone service other than an exempt satellite service must ensure that an emergency call made using the service is carried to the relevant termination point for the call:

                     (a)  on the provider’s telecommunications network; or

                     (b)  if the provider’s telecommunications network does not allow direct delivery to the relevant termination point for the call— by another telecommunications network.

             (2)  Subsection (1) does not apply if a matter beyond the control of the carriage service provider materially and adversely affects the provider’s technical ability to carry the emergency call to the relevant termination point.

Note:          Examples of matters that may be beyond the provider’s control are described in the note to subsection 12(2).

20  Carriage service provider must ensure an emergency call is carried to an emergency service organisation

             (1)  Subject to subsection (2), a carriage service provider who supplies a carriage service to an emergency service organisation (ESO service provider) must ensure that an emergency call transferred to the organisation by a call taker is carried from the relevant transfer point to the ESO answering point:

                     (a)  on the ESO service provider’s telecommunications network; or

                     (b)  if the ESO service provider’s telecommunications network does not allow direct delivery to the emergency service organisation— by another telecommunications network.

             (2)  Subsection (1) does not apply if a matter beyond the control of the ESO service provider materially and adversely affects the provider’s technical ability to carry the emergency call to the ESO answering point.

Note:          Examples of matters that may be beyond the provider’s control are described in the note to subsection 12(2).

             (3)  In this section:

ESO answering point means the point in the network of the ESO service provider at which an emergency service organisation is able to answer an emergency call transferred to the organisation.

relevant transfer point means:

(a)    for a call to the emergency service number 000 or 112, the point in the network of the emergency call person for 000 and 112 reasonably specified by that person as the point from which a call transferred to an emergency service organisation by a call-taker must be carried by the ESO service provider; and

(b)    for a call to the emergency service number 106, the point in the network of the emergency call person for 106 reasonably specified by that person as the point from which a call transferred to an emergency service organisation by a call-taker must be carried by the ESO service provider.

21  Requirement to transfer calls with the highest priority

             (1)  This section applies if an end‑user makes an emergency call using the emergency service number 000 or 112.

             (2)  The carriage service provider who carries the call must, if the call is carried within its network, ensure that the call is transferred to the relevant termination point with the highest priority.

                           

Division 2.3                   Call and other information requirements

22  Application of Division

                   This Division applies to:

                     (a)  a carrier who owns or operates a controlled network or a controlled facility used to carry an emergency call; and

                     (b)  a carriage service provider who supplies an emergency telephone service.

Subdivision A                       Giving call information

23  Information provided automatically with an emergency call – carriers and carriage service providers

(1)   This section applies where an emergency call is made to the emergency service number 000, 112 or 106.  

(2)   Subject to subsection (3):

                     (a)  a carrier must, as far as practicable, ensure that the controlled network or controlled facility used to carry the call will, at the time the call is made, automatically carry information about the public number from which the call is made to the relevant termination point; and   

                     (b)  a carriage service provider must, as far as practicable, ensure that the emergency telephone service used to make the call will, at the time the call is made, automatically transfer information about the public number from which the call is made to the relevant termination point.

             (3)  Subsection (2) does not apply if:

                     (a)  the end‑user has made the call using the emergency service number 000 or 112 on a public mobile telecommunications service; and

                     (b)  the carrier or carriage service provider is unable to identify the public number from which the call is made.

             (4)  The carrier or carriage service provider must also ensure that the controlled network or controlled facility, or the emergency telephone service, automatically carries the most precise location information available at the time the call is made, to the relevant termination point.

24  Additional information after emergency calls are transferred – carriage service provider

             (1)  This section applies if an emergency service organisation asks a carriage service provider to give it information about an emergency call that has been transferred to the organisation.

             (2)  The carriage service provider must give the organisation as much of the requested information as possible, as soon as practicable after the request is received.

Note:          Part 13 of the Telecommunications Act 1997 imposes requirements on carriage service providers, carriers and emergency call persons to protect the confidentiality of certain information.  Those requirements are subject to a number of exceptions on the use or disclosure of specified information or documents, including section 286 of that Act which relates to calls to an emergency service number.          

25  Additional information after emergency calls are transferred - carrier

             (1)  If an emergency service organisation asks a carrier to provide information about the location of an emergency call:

                     (a)  that originated from customer equipment connected to the carrier’s controlled network or controlled facility at the time the emergency call was made;

                     (b)  that has been transferred to the emergency service organisation; and

                     (c)  where the emergency service organisation is unable to identify the location of the caller,

                   the carrier must give the emergency service organisation the most precise location information available about the location of the customer equipment from which the emergency call originated, as soon as practicable after the request is received.

Note:          Circumstances in which the most precise location information may not be available to a carrier include instances where the customer equipment used to make the call does not provide a unique customer identifying number.

             (2)  If:

                     (a)  an emergency service organisation asks a carrier to give it information about an emergency call that has been transferred to the organisation; and

                     (b)  the emergency call did not originate from customer equipment connected to the carrier’s controlled network or controlled facility,

                   the carrier must notify the emergency service organisation immediately and take all reasonable steps to assist the emergency service organisation in identifying the owner or operator of the controlled network or controlled facility to which the customer equipment, from which the emergency call originated, was connected.

             (3)  A carrier must ensure that:

                     (a)  emergency service organisations are able to request information from the carrier about emergency calls transferred to the organisation, at all times;

                     (b)  emergency service organisations are provided with a designated contact and telephone number to which requests for information can be made, or a specified process to be followed when such requests are made; and

                     (c)  all requests received are processed without delay.

Subdivision B                       Other information 

26  Information identifying carriage service providers

             (1)  A carriage service provider must ensure that:

                     (a)  the emergency call person for 000 and 112 is informed of the provider’s correct contact details including business address, contact telephone numbers and email address;

                     (b)  a person is always available to answer at least one telephone number provided under paragraph (a); and

                     (c)  a person is available to respond to email requests sent to the address provided under paragraph (a) at all times.

             (2)  If a carriage service provider’s contact details provided in accordance with subsection (1) change, the provider must:

                     (a)  provide updated contact details to the emergency call person for 000 and 112 by the end of the next business day after the change occurs; and

                     (b)  ensure that the previous contact details of the carriage service provider remain active at least until the updated contact details have been provided to the emergency call person.

             (3)  If the emergency call person for 000 and 112 or the emergency call person for 106 contacts a carriage service provider on the contact details provided under this section on a matter relating to the emergency call service, the provider must respond immediately to the contact made by the emergency call person.

                              Note:         Section 54 requires the emergency call person for 000 and 112 to share information that is provided to it under this section with the emergency call person for 106.

 

Division 2.4                   Notification, cooperation and welfare checks

27  Notification requirements  – significant network outages

             (1)  This section applies if a significant network outage adversely affects a controlled network or controlled facility that a carrier or carriage service provider:

                     (a)  owns or operates; and

                     (b)  uses to carry emergency calls or supply emergency telephone services.

             (2)  The carrier or carriage service provider must, as soon as possible after becoming aware of the outage, notify, or arrange to notify:

                     (a)  the emergency call person for 000 and 112 and the emergency call person for 106; and

                     (b)  each carriage service provider in relation to whom the carrier or carriage service provider has an obligation to provide access under section 10,

                            of the outage.

28  Welfare checks  – significant network outages

             (1)  A carriage service provider must, as soon as practicable after:

                     (a)  becoming aware of a significant network outage that adversely affects a controlled network or controlled facility that the provider owns or operates; or

                     (b)  being notified of a significant network outage under paragraph 27(2)(b),

                   undertake, or arrange to be undertaken, a welfare check on an end-user who made an unsuccessful emergency call during the outage using an emergency telephone service supplied by the carriage service provider.

             (2)  Subsection (1) does not apply where:

                     (a)  the carriage service provider cannot identify that the end-user has made the unsuccessful emergency call;

                     (b)  the carriage service provider is satisfied that the end-user subsequently made a successful emergency call; or

                     (c)  the end-user made the unsuccessful emergency call using a public mobile telecommunications service, and the location of the customer equipment from which the call was made has changed since the call was made.

29  Cooperation in event of disruption to emergency call service

                   If there is a disruption to the emergency call service, carriers and carriage service providers must cooperate as far as practicable with the emergency call person for 000 and 112 and the emergency call person for 106 to:

                     (a)  enable end-users to access the emergency call service; and

                     (b)  enable an emergency call person to answer and handle an emergency call.

 

Division 2.5         Minimisation of calls that are not emergency calls

30  Certain calls with additional digits

             (1)  This section applies if an end‑user:

                     (a)  uses an emergency telephone service;

                     (b)  dials or presses the digits of an emergency service number, in order; and

                     (c)  then dials or presses at least 1 more digit.

             (2)  A carriage service provider supplying the emergency telephone service may transfer the call to the announcement for number check.             

31  Minimisation requirement — carriers and carriage service providers

             (1)  A carrier who owns or operates a controlled network or controlled facility used to carry emergency calls, must:

                     (a)  as far as practicable, take the steps specified in subsection (3) to stop or minimise the number of non-genuine calls carried using its networks or facilities which are received by the emergency call person for 000 and 112; and

                     (b)  take any additional steps that the ACMA directs in writing should be taken for this section.

             (2)  A carriage service provider who supplies an emergency telephone service must:

                     (a)  as far as practicable, take the steps specified in subsection (3) to stop or minimise the number of non-genuine calls made using the service which are received by the emergency call person for 000 and 112; and

                     (b)  take any additional steps that the ACMA directs in writing should be taken for this section.  

             (3)  The steps are to:

                     (a)  monitor the number of calls made to the emergency service numbers 000 and 112, 24 hours per day, 7 days per week to identify high volumes of non-genuine calls to the emergency call service that are likely to cause a disruption to the emergency call service;

                     (b)  document and implement a process between the emergency call person, carriers and carriage service providers to stop non-genuine calls of the type referred to in paragraph (a);

                     (c)  cooperate with the emergency call person and emergency service organisations to identify the source of non-genuine calls that are not likely to cause a disruption to the emergency call service; and

                     (d)  document and implement a process between the emergency call person, carriers and carriage service providers to minimise non-genuine calls of the type referred to in paragraph (c).

             (4)  Before giving a direction under paragraph 1(b) or 2(b), the ACMA must:

                     (a)  consult with the carrier or carriage service provider concerned; and

                     (b)  have regard to any submissions made by the carrier or carriage service provider.

             (5)  A carrier or carriage service provider who is given a direction under this section may ask the ACMA to reconsider the decision (reconsideration request).

             (6)  A reconsideration request must:

                     (a)  be in writing;

                     (b)  be given to the ACMA within 14 days of the day on which the carrier or carriage service provider received the direction; and

                     (c)  include reasons for the request.

             (7)  Upon receiving a reconsideration request the ACMA must, within 28 days:

                     (a)  reconsider the decision; and

                     (b)  affirm, vary or revoke the direction. 

             (8)  The ACMA must give written notice of its decision under subsection (7) and if the decision is to affirm or vary the primary decision, the notice must include:

                     (a)  the reasons for its decision;

                     (b)  a statement to the effect that if the carrier or carriage service provider affected by the decision is dissatisfied with the decision so affirmed or varied, the carrier or carriage service provider may, subject to the Administrative Appeals Tribunal Act 1975, apply to the Administrative Appeals Tribunal for review of the decision; and

                     (c)  a statement to the effect that the carrier or carriage service provider may request a statement under section 28 of that Act in relation to the decision so affirmed or varied.

             (9)  A failure to comply with subsection (8) does not affect the validity of a decision made under subsection (7).

           (10)  The carrier or carriage service provider concerned may apply to the Administrative Appeals Tribunal to review a decision of a kind referred to in subsection (5) if the ACMA has affirmed or varied the decision under subsection (7).

Division 2.6                  Charging

32  Application of Division

                   This Division applies to a carriage service provider who supplies an emergency telephone service. 

33  Free access by end‑users

                   A carriage service provider must give each end‑user of the service access to emergency call services free of charge.

34  Charging emergency service organisations 

             (1)  Subject to subsection (2), a carriage service provider must not charge an emergency service organisation, or arrange for an emergency service organisation to be charged, directly or indirectly, for any of the following services:

                     (a)  a carriage service used to connect calls using an emergency service number;

                     (b)  a carriage service used to transfer such calls to an emergency service organisation; or

                     (c)  a carriage service used to give information in relation to such calls to an emergency service organisation.

             (2)  However, the provider may charge an emergency service organisation, or arrange for it to be charged, for a service mentioned in subsection (1) if:

                     (a)  the emergency service organisation agrees with the provider for the service to be supplied at a level significantly higher than the level of service provided to most emergency service organisations; and

                     (b)  the provider’s charge for the service relates only to the higher level of service.

Examples:  Methods used to provide significantly higher levels of service include:

(a)    network based queueing facilities;

(b)    capabilities for multiple site call splaying and overflow; and

(c)    redundancy lines.

35  Charging emergency call persons 

                   A carriage service provider must not charge, or arrange to charge, the emergency call person for 000 and 112 or the emergency call person for 106, directly or indirectly, for any of the following services:

                     (a)  a carriage service used to connect calls using an emergency service number;

                     (b)  a carriage service used to transfer such calls to an emergency service organisation; or

                     (c)  a carriage service used to give information in relation to such calls to an emergency service organisation.

                           


Part 3—Requirements for emergency call person

 

Division 3.1                        General requirements

36  General requirements

             (1)  This section applies to the emergency call person for 000 and 112 and the emergency call person for 106.

             (2)  The emergency call persons must give each other any assistance reasonably necessary for the purpose of providing access to emergency call services, including assistance with the following:

                     (a)  receiving and handling emergency calls made by end‑users to a relevant emergency service number;

                     (b)  transferring emergency calls to an appropriate emergency service organisation; and

                     (c)  giving information in relation to emergency calls to an appropriate emergency service organisation.

37  Notice requirements for emergency call persons

             (1)  The emergency call person for 000 and 112, and the emergency call person for 106, must give the ACMA written notice of a decision to introduce a significant change to the way it operates its emergency call service, including a change in the physical location where the emergency call person receives and handles emergency calls.

             (2)  The notice must be given:

                     (a)  if it is practicable to give the notice before the change occurs — at the earliest practicable opportunity before the change occurs; or

                     (b)  if it is not practicable to give the notice before the change occurs — at the earliest practicable opportunity after the change occurs.

38  Requirement to use common system

                   The emergency call person for 000 and 112, and the emergency call person for 106, must, as far as practicable, use the common system for transferring emergency calls to an emergency service organisation.

39  Change to common system

             (1)  Before making any significant changes to the common system, the emergency call person for 000 and 112 and the emergency call person for 106 must:

                     (a)  agree to the proposed changes;

                     (b)  agree on a change management process that requires any changes or proposed changes to the common system to be recorded in writing;

                     (c)  consult the emergency service organisations to which their emergency calls are transferred about the proposed changes; and

                     (d)  make any changes to the common system in accordance with the change management process agreed to under paragraph (b).

(2)   The emergency call person for 000 and 112 must give the ACMA written notice of any changes made to the common system as soon as practicable after the change has been made.

 

Division 3.2                   Handling of calls

40  Receiving and handling calls

                   The emergency call person for 000 and 112, and the emergency call person for 106, must ensure that each call received by the person on an emergency service number is handled in accordance with this Division.

Note:          Sections 51 and 52 also contain obligations for the provision of certain information by emergency call persons to emergency service organisations in relation to emergency calls.

41  Emergency call person must ensure an emergency call is carried to the relevant answering point

                   The emergency call person for 000 and 112 and the emergency call person for 106 must ensure that an emergency call delivered to the relevant termination point for access to the emergency call person is carried to the relevant answering point for the emergency call person, unless a matter beyond the control of the emergency call person materially and adversely affects their technical ability to do so. 

Examples:      Matters that may be beyond the emergency call person’s control may include:

(a)    Poor mobile phone coverage which results in a network failure so the call cannot be carried by the emergency call person.

(b)    Faulty customer equipment which results in a network failure; or

(c)    Misdials or other situations where an end-user terminates a call after hearing the announcement for emergency calls which is played after the call reaches the relevant termination point for the call.

42  Transfer to an emergency service organisation

             (1)  This section applies if:

                     (a)  a call‑taker for the emergency call person for 000 and 112 or the emergency call person for 106 receives a call from an end‑user; and

                     (b)  the end‑user:

                              (i)  asks the call‑taker to transfer the call to an emergency service organisation;

                             (ii)  indicates in another way that the end‑user wishes the call to be transferred to an emergency service organisation; or

                            (iii)  gives information to the call‑taker that the call‑taker may reasonably rely on as indicating that the end‑user should contact an emergency service organisation.

             (2)  The emergency call person for 000 and 112 or the emergency call person for 106 must transfer the call to the emergency service organisation.

Note:          The role of an emergency call person is to transfer a call to an emergency service organisation — see the definition of emergency call service in section 7 of the Telecommunications Act 1997 and the definition of emergency service organisation in subsection 147(11) of the Act. The definition of emergency service organisation includes a police force or service, a fire service or an ambulance service.

43  Transfer to announcement for State and Territory emergency services

             (1)  This section applies if:

                     (a)  a call‑taker for the emergency call person for 000 and 112 receives a call from an end‑user; and

                     (b)  the end‑user:

                              (i)  asks the call‑taker to transfer the call to a State or Territory emergency service;

                             (ii)  indicates in another way that the end‑user wishes the call to be transferred to a State or Territory emergency service; or

                            (iii)  gives information to the call‑taker that the call‑taker may reasonably rely on as indicating that the end‑user should contact a State or Territory emergency service.

             (2)  The emergency call person for 000 and 112 must transfer the call to the announcement for State and Territory emergency services.

Note:          An announcement for State and Territory emergency services explains that a State or Territory emergency service cannot be contacted through the emergency call service and tells the end‑user how to contact a State or Territory emergency service.

44  Transfer to announcement for non‑emergency contacts

             (1)  This section applies if:

                     (a)  a call‑taker for the emergency call person for 000 and 112 receives a call from an end‑user; and

                     (b)  the end‑user:

                              (i)  asks the call‑taker to transfer the call to a person or organisation that cannot be contacted through the service (other than a State or Territory emergency service); or

                             (ii)  indicates in another way that the end‑user wishes the call to be transferred to a person or organisation that cannot be contacted through the service (other than a State or Territory emergency service); or

                            (iii)  gives information to the call‑taker that the call‑taker may reasonably rely on as indicating that the end‑user should contact a person or organisation that cannot be contacted through the service (other than a State or Territory emergency service).

             (2)  The emergency call person for 000 and 112 must transfer the call to the announcement for non‑emergency contacts.

45  Transfer of Caller No Response Call

             (1)  This section applies if a call‑taker for the emergency call person for 000 and 112 receives a Caller No Response Call.

             (2)  The emergency call person for 000 and 112 must:

                     (a)  transfer the call to the announcement for Caller No Response Calls; and

                     (b)  either:

                              (i)  if the end‑user dials or presses ‘55’ — ask the end‑user if the end‑user requires police, fire or ambulance and, if the end‑user does not respond, or does not indicate in another way, that police, fire or ambulance is required, transfer the call to the police force or service in the capital city of the end‑user’s State or Territory; or

                             (ii)  if the end‑user does not dial or press ‘55’ — disconnect the call.

46  Inability to use Caller No Response Call announcement

                   For section 45, if a call cannot be transferred to the announcement for Caller No Response Calls for any reason, the call‑taker must transfer the call to the police force or service in the capital city of the end‑user’s State or Territory.

47  Appearance of emergency call services 

                   The emergency call person for 000 and 112, and the emergency call person for 106, must, as far as practicable, operate their emergency call services in a way that would give an end‑user of an emergency telephone service the appearance of a single national emergency call system.

48  Speed, efficiency and reliability for numbers 000 and 112 

             (1)  Subject to subsection (2), the emergency call person for 000 and 112 must ensure that, for each day that the person receives calls to the emergency service number 000 or 112:

                     (a)  85% of the calls are answered by a call‑taker within 5 seconds of reaching the relevant answering point for the call; and

                     (b)  95% of the calls are answered by a call‑taker within 10 seconds of reaching the relevant answering point for the call.

             (2)  The emergency call person for 000 and 112 will not be in breach of subsection (1) if a failure by it to reach a daily target set out in that subsection is due to a matter beyond the control of the person and which could not have been reasonably foreseen by the person.

Example 1:     Delay in answering emergency calls due to unexpectedly high calling volumes caused by unforeseen natural disasters.

Example 2:     Delay in answering emergency calls because of action taken to prevent or manage an ECS disablement event.

Example 3:     Delay in answering emergency calls due to operational issues experienced by an emergency service organisation.  

49  Speed, efficiency and reliability for number 106 

             (1)  Subject to subsection (2), the emergency call person for 106 must ensure that, for each day that the person receives calls to the emergency service number 106:

                     (a)  85% of the calls are answered by a call‑taker within 5 seconds of reaching the relevant answering point for the call; and

                     (b)  95% of the calls are answered by a call‑taker within 10 seconds of reaching the relevant answering point for the call.

             (2)  The emergency call person for 106 will not be in breach of subsection (1) if a failure by it to reach a daily target set out in that subsection is due to a matter beyond the control of the person and which could not have been reasonably foreseen by the person.

Example 1:     Delay in answering emergency calls due to unexpectedly high calling volumes caused by unforeseen natural disasters.

Example 2:     Delay in answering emergency calls because of action taken to prevent or manage an ECS disablement event.

 Example 3:    Delay in answering emergency calls due to operational issues experienced by an emergency service organisation.

Division 3.3                   Minimisation of calls that are not emergency calls

50  Minimisation requirement — emergency call person for 000 and 112

             (1)  The emergency call person for 000 and 112 must take the steps mentioned in subsection (2) to minimise the number of non-genuine calls received by the emergency call person on the emergency service numbers 000 and 112.

             (2)  The steps are:

                     (a)  the emergency call person for 000 and 112 must, when a call is delivered to the relevant termination point for the call, play the announcement for emergency calls before the call is delivered to the relevant answering point; and

                     (b)  any other step that the ACMA directs in writing should be taken for this section.

             (3)  If the emergency call person for 000 and 112 reasonably suspects that the call or calls are part of an ECS disablement event, the emergency call person may take steps to disconnect or block the call.

Note:              Examples of the steps the emergency call person may take include temporarily blocking calls from a particular carrier or carriage service provider or temporarily blocking calls from specified telephone numbers.    

             (4)  Before giving a direction under paragraph (2)(b), the ACMA must:

                     (a)  consult with the emergency call person for 000 and 112; and

                     (b)  have regard to any submissions made by the emergency call person.

             (5)  If the emergency call person for 000 and 112 receives a direction under paragraph (2)(b), the emergency call person may ask the ACMA to reconsider the decision (reconsideration request).

             (6)  A reconsideration request must:

                     (a)  be in writing;

                     (b)  be given to the ACMA within 14 days of the day on which the emergency call person for 000 and 112 received the direction; and

                     (c)  include reasons for the request.

             (7)  Upon receiving a reconsideration request the ACMA must, within 28 days:

                     (a)  reconsider the decision; and

                     (b)  affirm, vary or revoke the direction. 

             (8)  The ACMA must give written notice of its decision under subsection (7) and if the decision is to affirm or vary the primary decision, the notice must include:

                     (a)  the reasons for its decision;

                     (b)  a statement to the effect that if the emergency call person for 000 and 112 (being the person affected by the decision) is dissatisfied with the decision so affirmed or varied, the emergency call person may, subject to the Administrative Appeals Tribunal Act 1975, apply to the Administrative Appeals Tribunal for review of the decision; and

                     (c)  a statement to the effect that the emergency call person may request a statement under section 28 of that Act in relation to the decision so affirmed or varied.

             (9)  A failure to comply with subsection (8) does not affect the validity of a decision made under subsection (7).

           (10)  The emergency call person for 000 and 112 may apply to the Administrative Appeals Tribunal to review a decision of a kind referred to in subsection (5) if the ACMA has affirmed or varied the decision under subsection (7).

Division 3.4                   Call and other information requirements

Subdivision A                       Giving call information

51  Information about emergency calls

                   If the emergency call person for 000 and 112 or the emergency call person for 106 transfers an emergency call to an emergency service organisation, the emergency call person must make available to the organisation as much of the following information as the emergency call person has:

                     (a)  the most precise location information available at the time the call is transferred;

                     (b)  the name of the customer; and

                     (c)  the public number from which the call is made.

Note:          Division 3.2 specifies obligations for the handling of emergency calls by emergency call persons.

52  Additional information after emergency calls are transferred

             (1)  This section applies if an emergency service organisation asks the emergency call person for 000 and 112 or the emergency call person for 106 to give it information about an emergency call that has been transferred to the organisation.

             (2)  The emergency call person must give the organisation as much of the requested information as possible, as soon as practicable after the request is received.

Note:          Part 13 of the Telecommunications Act 1997 imposes requirements on carriage service providers, carriers and emergency call persons to protect the confidentiality of certain information.  Those requirements are subject to a number of exceptions on the use or disclosure of specified information or documents, including section 286 of that Act which relates to calls to an emergency service number.          

Subdivision B                       Other information

53  Access to IPND by emergency call person for 000 and 112

                   The emergency call person for 000 and 112 must make written arrangements with the IPND Manager to ensure that all information in the IPND is available to the emergency call person as soon as practicable, including the following:

                     (a)  arrangements for the way in which the information is to be made available;

                     (b)  arrangements to ensure that the emergency call person will be informed of a revision or correction to the customer location information in the IPND within 24 hours of the IPND Manager being notified.

Example:    The written arrangements between the emergency call person for 000 and 112 and the IPND Manager may provide for an arrangement for a daily download of the content of the IPND.

54  Information identifying carriage service providers

             (1)  This section applies if a carriage service provider gives the emergency call person for 000 and 112 information under section 26.

             (2)  The emergency call person for 000 and 112 must share the information provided to it under section 26 with the emergency call person for 106.

Note:          Under section 26, a carriage service provider must ensure that the emergency call person for 000 and 112 is informed of the provider’s correct contact details.

 

Division 3.5                   Information agreement and communications protocol

55  Agreement between emergency call persons

             (1)  The emergency call person for 000 and 112, and the emergency call person for 106, must:

                     (a)  remain parties to, and remain bound by, the written agreement (the information agreement) dated 13 November 2019, to provide their emergency call services using a common system; or

                     (b)  enter into a new information agreement (the new information agreement) made in accordance with this section.

             (2)  The new information agreement, if any, must require the following objectives to be achieved:  

                     (a)  for an emergency call to the emergency service number 000, 112 or 106, the call must be handled in accordance with the common system;

                     (b)  for an emergency call to the emergency service number 106:

                              (i)  the emergency call person for 106 must have access to the most precise location information available when a call‑taker receives the call;

                             (ii)  the call‑taker must be able to give the information to the appropriate emergency service organisation in the course of relaying the call to the organisation;

                            (iii)  if, after the emergency service organisation has dealt with the call, the emergency service organisation asks the emergency call person for 106 to give it information about the call (including the name of the carriage service provider who supplied the emergency telephone service on which the call was made), the emergency call person for 106 must be able to give the information to the organisation; and

                            (iv)  the emergency call person for 000 and 112 shares access to the common system with the emergency call person for 106.

56  Compliance with information agreement

                   The emergency call person for 000 and 112, and the emergency call person for 106, must comply with:

                     (a)  the information agreement; or

                     (b)  if applicable — the new information agreement.

57  Communications protocol

             (1)  The emergency call person for 000 and 112 must:

                     (a)  have in place a communications protocol in accordance with this section; and

                     (b)  comply with the requirements of the communications protocol in the event of a disruption to the emergency call service. 

             (2)  The communications protocol must include:

                     (a)  requirements which set out the arrangements and timeframes for the emergency call person for 000 and 112 to conduct welfare checks on an end-user who has made a call to the emergency service number 000 or 112 which has been carried to the relevant termination point, but has not been carried to the relevant answering point, for emergency service number 000 or 112, unless the call:

                              (i)  has been made using a public payphone;

                             (ii)  is a Caller No Response Call; or

                            (iii)  has a default CLI;

                     (b)  requirements (including timeframes) for the emergency call person for 000 and 112 to communicate with carriers, carriage service providers, emergency service organisations and the public; and

                     (c)  a requirement to notify the ACMA, the Department and the Home Affairs Department that there has been a disruption to the emergency call service.

             (3)  The emergency call person for 000 and 112 must provide a copy of the communications protocol to the ACMA within 7 days of the protocol being finalised or amended. 

 

Division 3.6                   Charging

58  Charging emergency service organisations 

             (1)  The emergency call person for 000 and 112, and the emergency call person for 106, must not charge an emergency service organisation, directly or indirectly, for any of the following services:

                     (a)  receiving and handling calls to an emergency service number;

                     (b)  transferring such calls to an emergency service organisation; or

                     (c)  giving information in relation to such calls to an emergency service organisation.

             (2)  The emergency call person must not arrange for an emergency service organisation to be charged for a service mentioned in subsection (1).

59  Charging for using common system 

                   If the emergency call person for 000 and 112 (in the capacity of emergency call person) provides a service assisting the emergency call person for 106 to use the common system described in the information agreement or new information agreement, the emergency call person for 000 and 112 must provide the service on the basis that it must not profit but may recover the costs of providing the service.

 

Division 3.7                        Records

60  Record keeping requirements

             (1)  The emergency call person for 000 and 112, and the emergency call person for 106, must make and keep records for each month of the following:

                     (a)  the number of calls that were delivered to the relevant termination point for the call;

                     (b)  the number of calls that were delivered to the relevant answering point for the call but abandoned by the end‑user before a call‑taker responded;

                     (c)  the number of calls that were answered by a call‑taker but not transferred to an emergency service organisation;

                     (d)  the number of calls to the emergency service number 000 that were handled in accordance with section 45, and the number of such calls that were transferred to an emergency service organisation;

                     (e)  the number of calls that originated from public mobile telecommunications services, and the number of such calls that were transferred to an emergency service organisation;

                      (f)  the number of calls to the emergency service number 000 that originated from public payphones, and the number of such calls that were transferred to an emergency service organisation;

                     (g)  the number of calls to the emergency service number 000 that originated from fixed local services (other than public payphones), and the number of such calls that were transferred to an emergency service organisation;

                     (h)  the number of calls to the emergency service number 106 that originated from fixed local services and public payphones, and the number of such calls that were transferred to an emergency service organisation;

                      (i)  the number of calls to the emergency service numbers 000 and 112 that originated from satellite services, and the number of such calls that were transferred to an emergency service organisation;

                      (j)  the number of calls that were answered by a call‑taker and transferred to an emergency service organisation;

                     (k)  the number of calls to the emergency service numbers 000 and 112 that were transferred to an announcement in accordance with:

                              (i)  section 43; and

                             (ii)  section 44;

                      (l)  the number of calls to the emergency service numbers 000 and 112 that had an Alternate Address Flag set to ‘True’ in the IPND, and the number of such calls that were transferred to an emergency service organisation; and

                    (m)  any other matter that the emergency call person for 000 and 112 or the emergency call person for 106 has agreed with the ACMA, in writing, to record.

             (2)  The emergency call person for 000 and 112, and the emergency call person for 106, must make and keep records for each day of the following:

                     (a)  the number of calls that were answered by a call‑taker 5 seconds or less after delivery to the relevant answering point for the call;

                     (b)  the number of calls that were answered by a call‑taker 10 seconds or less after delivery to the relevant answering point for the call; and

                     (c)  the number of calls that were answered by a call‑taker more than 10 seconds after delivery to the relevant answering point for the call.

             (3)  The emergency call person for 000 and 112 and the emergency call person for 106 must give the ACMA a copy of the records required to be kept under this section on a quarterly basis:

                     (a)  as soon as practicable after the quarter ends; and

                     (b)  in any case — within 1 month after the quarter ends.

 


Schedule 1Repeals

Note:       See section 4.

Telecommunications (Emergency Call Service) Determination 2009 [FRL No. F2009L04720]

1  The whole of the instrument

Repeal the instrument.