Schedule 1—Amendments

(section 4)

Telecommunications (Emergency Call Service) Determination 2019 (F2019L01509)

1 Subsection 5(2) (including the Note)

Repeal the subsection, substitute:

(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;

(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; and

(d) ensure that customers who are supplied with an emergency telephone service can make an emergency call.

Note: To achieve these objects this Determination includes provisions which require:

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

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

(c) carriers, carriage service providers and emergency call persons to coordinate communications where there is a disruption to the emergency call service (see Divisions 2.4 and 3.5);

(d) carriers and carriage service providers to take measures to ensure mobile phones are able to access the emergency call service and calls are delivered to the emergency call person for 000 and 112 (see Part 4 and Division 5.1);

(e) carriers to provide and share information during an outage and prior to proposed changes to operations or networks that will impact the delivery of calls to the emergency call person for 000 and 112 (see Divisions 5.2 and 5.3); and

(f) carriers, carriage service providers and the emergency call person for 000 and 112 to follow protocols during and after a major outage (see Part 6 and Schedule 1).

2 Section 6

Insert:

ABS Remoteness Structure means the Remoteness Structure described as such in the Australian Statistical Geography Standard, Edition 3, July 2021-June 2026, published by the Australian Bureau of Statistics.

Note: The Australian Statistical Geography Standard (ASGS) divides Australia into five classes of remoteness. The ASGS is available, free of charge, on the website of the Australian Bureau of Statistics, and could, at the time of the making of this instrument, be accessed at the following website: www.abs.gov.au/statistics/standards/australian-statistical-geography-standard-asgs-edition-3/latest-release.

core network means the part of the telecommunications network that is not the customer access network.

customer access network means that part of the telecommunications network that allows end-users to connect to the local switch, base station, node or exchange.

Disruption Protocols means the protocols set out in Schedule 1.

emergency call camp on functionality means the mobile phone-initiated function that enables a mobile phone end-user, in cases where the end-user cannot access the emergency call service using the end-user’s usual carrier’s mobile network, to access another carrier’s mobile network that is available and within range to connect the end-user’s mobile phone to the emergency call service.

Note: Emergency call camp on functionality may occur when an end-user’s mobile phone is out of range from its usual carrier’s mobile network or the end-user’s usual carrier’s mobile network is unavailable for some other reason.

emergency registration means the process by which a mobile device attaches to a public mobile telecommunications network for the purpose of making an emergency call to the emergency service number 000 or 112.

internet of things data-only service means a carriage service that:

(a) is only accessible on a carriage service provider’s network;

(b) is used for consumer and enterprise connected internet of things devices and applications; and

internet of things devices means devices and objects with sensors, processing ability, software or other technologies that connect and exchange data with other devices and systems over the internet or other communication networks.

major outage means any unplanned adverse impact to a telecommunications network used to supply relevant carriage services to end-users that:

(a) results in an end-user being unable to establish and maintain a relevant carriage service; and

(b) affects, or is likely to affect:

(i) 100,000 or more services in operation; or

(ii) all relevant carriage services provided by a carrier or carriage service provider in a State or Territory; and

material change means a change to the scale, geographic area, number or type of relevant carriage services impacted or expected time of restoration of the relevant carriage services affected by a major outage or significant local outage, that is likely to result in a significant increase or decrease in the severity of the outage, or in the time taken to restore the relevant carriage services affected by the outage.

mobile base station means a base station in a mobile network in a fixed location, equipped with one or more antennae, that transmits and receives signals between mobile networks and mobile phones.

mobile phone includes a handheld mobile device that is capable of voice communications when connected to, or intended for use in connection with, a mobile network but does not include a device which is capable of using a mobile network that is not ordinarily considered to be a mobile phone such as:

(a) fixed broadband gateways;

(b) internet of things devices;

(d) smartwatches; or

(e) tablets.

National Emergency Management Agency means the body known as the National Emergency Management Agency established by the Order to Establish the National Emergency Management Agency as an Executive Agency.

Note: The Order to Establish the National Emergency Management Agency as an Executive Agency was an order made under section 65 of the Public Service Act 1999 and can be accessed, free of charge, at https://www.legislation.gov.au.

non-genuine emergency registration means an emergency registration or attempted emergency registration that is not for the purpose of making an emergency call to the emergency service number 000 or 112.

personal alert devices means wearable devices that can be activated to communicate wirelessly with an alarm monitoring company or other programmed phone numbers to summon help in the event of an emergency.

regional Australia means the area classified as Inner Regional Australia or Outer Regional Australia under the ABS Remoteness Structure.

relevant carriage service means a carriage service, excluding an internet of things data-only service.

remote Australia means the area classified as Remote or Very Remote Australia under the ABS Remoteness Structure.

services in operation means relevant carriage services that are:

(a) connected to a telecommunications network, or would, but for a major outage or a significant local outage, be connected to a telecommunications network; and

(b) provided to an end-user under an arrangement between a carriage service provider and the end-user.

significant local outage means any unplanned adverse impact to a telecommunications network used to supply a relevant carriage service to end-users, that: 

(a) results in an end-user being unable to establish and maintain a relevant carriage service; and

(b) affects, or is likely to affect:

(i) 1,000 or more services in operation in regional Australia; or

(ii) 250 or more services in operation in remote Australia; and

(i) if the affected services in operation are in regional Australia – 6 hours; or

(ii) if the affected services in operation are in remote Australia – 3 hours; and

(d) is not a major outage. 

wilt, in relation to a mobile base station, means to prevent the mobile base station providing any connectivity to a mobile phone via that base station.

3 Section 6 (definition of significant network outage)

Repeal the definition.

4 Section 19

Repeal the section, substitute:

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

(1) Subject to subsection (3), 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) Subject to subsections (3) and (4), a carrier must ensure that its controlled networks and controlled facilities are configured to carry an emergency call on its network to the relevant termination point for the call.

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

Note: An example of a matter that may be beyond the carrier’s control includes a failure of a controlled network or controlled facility because of non-genuine emergency registrations on a mobile network where reasonable measures have been taken to minimise the impact of such registrations. Other examples of matters that may be beyond the provider’s control are described in the note to subsection 12(2).

(4) Subsection (2) does not apply if the emergency call is made from a mobile phone that is not configured to be able to access the emergency call service.

5 Division 2.4 (heading)

Repeal the heading, substitute:

Division 2.4 Welfare checks and cooperation

6 Section 27

Repeal the section.

7 Section 28 (heading)

Omit ‘significant network outages’, substitute ‘major outages’.

8 Paragraphs 28(1)(a) and (b)

Omit ‘significant network outage’ (wherever occurring) and substitute ‘major outage’.

9 Paragraph 28(2)(c)

Repeal the paragraph, substitute:

(c) the end-user made the unsuccessful call using a public mobile telecommunications service, and the carriage service provider, as soon as practicable after becoming aware of the unsuccessful emergency call, identifies that the location of the customer equipment from which the call was made has changed since the call was made.

10 Subsections 31(8) and 31(10)

Repeal the subsections, substitute:

(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 Review Tribunal Act 2024, apply to the Administrative Review 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 268 of that Act in relation to the decision so affirmed or varied.

(9) The carrier or carriage service provider concerned may apply to the Administrative Review 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).

11 After section 31

Insert:

31A Emergency registrations — carriers and carriage service providers

(1) A carrier who owns or operates a controlled network or controlled facility used to carry emergency calls, must, as far as practicable, stop or minimise the number of non-genuine emergency registrations using its networks or facilities which are received by the emergency call person for 000 and 112.

12 Subsections 50(8) and 50(10)

Repeal the subsections, substitute:

(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 Review Tribunal Act 2024, apply to the Administrative Review Tribunal for review of the decision; and

(c) a statement to the effect that the emergency call person may request a statement under section 268 of that Act in relation to the decision so affirmed or varied.

(9) The emergency call person for 000 and 112 may apply to the Administrative Review 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).

13 After section 50

Insert:

50A Emergency registrations — emergency call person for 000 and 112

(1) If the emergency call person for 000 and 112 reasonably suspects that non-genuine emergency registrations are adversely impacting or are likely to adversely impact the operation of the emergency call service, the emergency call person for 000 and 112 may block or otherwise minimise the non-genuine emergency registrations.

14 Section 62 (definition of mobile phone, Internet of Things devices and medical alert devices)

Repeal the definitions.

15 At the end of Part 4

Insert:

Part 5—Other requirements for carriers in relation to emergency calls made on a mobile phone, information sharing requirements during specific types of outages and management plans prior to planned changes

Division 5.1 Carrier obligations in relation to calls made to the emergency call person for 000 and 112 on a mobile phone

72 Application of Division

This Division applies to a carrier whose networks are used to supply relevant carriage services that enable end-users to access the emergency call service using a mobile phone.

73 Carrier must wilt mobile base station

(1) This section applies if a mobile base station that is used to carry emergency calls on the carrier’s mobile network loses all connectivity to the carrier’s core network and the carrier’s controlled network and controlled facilities are unable to carry an emergency call to the relevant termination point.

(2) Subject to subsection (3) the carrier must wilt the mobile base station until the base station is able to establish and maintain connectivity to the carrier’s core network, and the carrier’s controlled network and controlled facilities are able to carry an emergency call to the relevant termination point.

(3) A carrier will not be in breach of subsection (2) if:

(a) the mobile base station is connected to more than one core network; and

(b) an emergency call initiated on the mobile base station is carried to the relevant termination point using a different carrier’s core network that is connected to the mobile base station.

74 Carrier must provide emergency call camp on functionality

(1) This section applies if there is a major outage or significant local outage in a mobile network operated or controlled by a carrier that affects an end-user’s ability to make an emergency call to the emergency call person for 000 or 112.

(2) The carrier whose mobile network is affected by the outage must take all reasonable steps to ensure that its controlled networks and controlled facilities do not impede emergency call camp on functionality.

(3) A carrier that is capable of carrying an emergency call on its mobile network must carry an emergency call initiated through emergency call camp on functionality to the relevant termination point.

75 Carrier must test emergency calls that originate on its network

Carriers must take reasonable steps to test the following:

(a) that emergency calls to the emergency call person for 000 or 112 made by an end-user on its network will be carried to the relevant termination point for the call; and

(b) if the emergency call is made by an end-user on a carrier’s mobile network and the carrier’s own mobile network is unavailable, that an emergency call can be carried on another available mobile network using emergency call camp on functionality to the relevant termination point for the call.

76 Exception

Sections 73 to 75 do not apply if a matter beyond the control of the carrier materially and adversely affects its technical ability to comply with those provisions.

Division 5.2 Information sharing requirements during outages

77 Application

(1) Section 78 applies to a carrier if there is a major outage or significant local outage that affects the carriage of emergency calls using its controlled networks or controlled facilities.

(2) Section 79 applies to a carrier if there is a major outage that affects the carriage of emergency calls using its controlled networks or controlled facilities.

78 Carriers to share real-time network information about a major outage or significant local outage

(1) Carriers must share with the entities specified in subsection (2) the real-time network information specified at subsection (3) at the times specified in subsection (4).

(2) The entities with whom a carrier must share information are:

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

(b) the emergency call person for 106;

(c) all emergency service organisations located in the State or Territory affected by the major outage or significant local outage;

(d) the ACMA;

(e) the Department; and

(f) the National Emergency Management Agency.

(3) The real-time network information that must be shared includes as much of the following information about the major outage or significant local outage that is available to the carrier at the time of sharing:

(a) the scale or suspected scale of the outage including the number of relevant carriage services impacted;

(b) subject to subsection (5), the cause or likely cause of the outage;

(d) the types of relevant carriage services impacted or likely to be impacted by the outage;

(e) the estimated timeframe for updates in relation to the outage;

(f) the estimated timeframe for restoration of relevant carriage services.

(4) The real-time network information must be shared:

(a) if there is a material change that relates to the outage – as soon as practicable after the carrier becomes aware of the material change; or

(b) otherwise, as frequently as the carrier considers an update is necessary, and at least:

(i) once every six hours for the first 24 hours of the outage; and

(ii) once during each subsequent 24-hour period.

(5) The carrier is not required to give information about the cause or likely cause of a major outage or a significant local outage if it has reasonable grounds to believe that disclosing this information could compromise its telecommunications network security or national security.

79 Carriers to report to the ACMA and the Department

(1) Carriers must, within 45 days of the restoration of a major outage or within an alternative timeframe agreed in writing with the ACMA, provide a written report to:

(a) the ACMA; and

(b) the Department.

(2) The written report under subsection (1) must include the following information:

(a) the cause of the major outage;

(b) the steps taken to resolve the major outage;

(c) the impact of the major outage on the delivery of emergency calls to the emergency call person for 000 and 112 and the emergency call person for 106;

(d) an estimate of the number of end-users affected by the outage;

(e) the number of unsuccessful emergency calls made during the outage that the carrier has been able to identify;

(f) the steps that were taken to resolve issues identified as contributing to the outage; and

(g) a clear and detailed plan (the Outcomes Plan), including timelines, outlining the steps that will be taken by the carrier to avoid similar outages occurring in the future.

(3) Carriers must provide further written updates to the ACMA and the Department that detail the carrier’s progress on the Outcomes Plan.

(4) The further written updates under subsection (3) must be provided:

(a) if the ACMA specifies in writing a timeframe that is not less than 30 days for those updates, within those specified timeframes; or

(b) if the ACMA has not specified a timeframe under paragraph (a), every 45 days from the date of providing the written report under subsection (1) until each of the steps taken by the carrier under the Outcomes Plan has been implemented in full.

Division 5.3 Management plans

80 Management plan required for proposed significant changes to operations or a telecommunications network that will impact the carriage of emergency calls

(1) This section applies to a carrier that proposes a significant change to its operations or underlying telecommunications network technology or architecture that will fundamentally and adversely change how its controlled network and controlled facilities carry emergency calls to the relevant termination point.

Note: Examples of a significant change to telecommunications network technology or architecture include the introduction of a new generation of mobile technology, the decommissioning of a legacy generation of mobile technology, or the introduction of a new transmission protocol for delivering emergency voice calls.

(2) Subject to subsection (3), before a carrier undertakes a proposed significant change to its operations or underlying telecommunications network technology or architecture, the carrier must, at least 6 months prior to the proposed change, submit a plan to the ACMA (the management plan).

(3) If a carrier reasonably believes that a management plan cannot be provided 6 months prior to the change, the carrier does not need to comply with the timeframe specified in subsection (2) if, within 14 days of forming its belief, the carrier:

(a) submits a management plan to the ACMA; and

(b) provides written reasons as to why a management plan in relation to the proposed change cannot be provided 6 months prior to the proposed change.

(4) The management plan referred to in subsection (2) and subsection (3) must detail the steps the carrier will take to minimise any detrimental impacts on end-users of the proposed change to the carriage of emergency calls to the relevant termination point.

(5) Carriers must:

(a) implement the steps set out in the management plan; and

(b) provide written updates to the ACMA that detail the carrier’s implementation of the steps set out in the management plan.

(6) The updates under subsection (5) must be provided:

(a) if the ACMA specifies in writing a timeframe that is not less than 30 days for those updates, within those specified timeframes; or

(b) if the ACMA has not specified a timeframe under paragraph (a), every 45 days from the date of providing the management plan under subsection (2) or subsection (3) until each of the steps taken by the carrier under the management plan has been implemented in full.