Telecommunications Amendment Regulations 2000 (No. 1) 2000 No. 197
EXPLANATORY STATEMENT
STATUTORY RULES 2000 No. 197
Issued by the Authority of the Minister for Communications, Information Technology and the Arts
Telecommunications Act 1997
Telecommunications Amendment Regulations 2000 (No. 1)
Section 594 of the Telecommunications Act 1997 (the Act) allows Governor-General to make regulations prescribing matters required or permitted by the Act to be prescribed.
The purpose of the accompanying Regulations is to amend the Telecommunications Regulations 1998 to allow for the disclosure and use of information for the purpose of research into the use of emergency service numbers.
Section 278 of the Act prohibits an "emergency call person" from disclosing any information or document that relates to the contents or substance of a communication, or the affairs or personal particulars of another person, that comes to the person's knowledge or into the person's possession in connection with the operation of an emergency call service. Subsection 292(3) of the Act provides that section 278 does not prohibit a disclosure or use of information or a document in circumstances specified in the regulations.
The accompanying Regulations will allow an emergency call person to disclose information to a researcher engaged by the Australian Communications Authority (ACA) to conduct research into the way in which emergency call numbers are used or dialled. To conduct the research the researcher needs to call back persons who mis-dial emergency call numbers. This requires emergency call persons to be able to disclose the numbers of persons who misdial emergency call numbers to enable the researcher to call back these persons. These accompanying Regulations provide for this disclosure of information by emergency call persons.
The accompanying Regulations will require that, prior to any disclosure of information by an emergency call person, the ACA and the researcher will agree that the research will be completed within 12 months of when it is started, and that the researcher will not disclose the information or document except for the purposes of the research.
The accompanying Regulations commence on gazettal.
Details of the accompanying Regulations are set out in the Attachment.
ATTACHMENT
Telecommunications Amendment Regulations 2000 (No. 1)
Regulation 1 - Name of Regulations
Regulation 1 provides that the Regulations are named the Telecommunications Amendment Regulations 2000 (No. 1).
Regulation 2 - Commencement
Regulation 2 provides that the Regulations commence on gazettal.
Regulation 3 - Amendment of Telecommunications Regulations 1998
Regulation 3 provides that Schedule 1 amends the Telecommunications Regulations 1998.
Schedule 1 - Amendments
Item 1 - Part 2, heading
Item 1 replaces the heading to Part 2 of the Telecommunications Regulations 1998.
Item 2 - After regulation 4
Item 2 inserts a new regulation 5 into the Telecommunications Regulations 1998
This new regulation provides the disclosure of information by emergency call persons for the purposes of research about emergency service numbers. Subregulation 5(1) provides that the disclosure of information:
* must be by an emergency call person to a researcher;
* must be made to a researcher who is engaged by the ACA to conduct research of a specific kind into the way in which emergency service numbers are dialled or used. The ACA will specify the nature of the research that the researcher will undertake;
* will only be for the purpose of allowing the researcher to conduct the research;
* will only occur following agreement between the ACA and the researcher that the research will be finished within 12 months after the research is begun; and that the researcher will not disclose or use any of the information disclosed under these Regulations except for the purpose of conducting the specific research.
Subregulation 5(2) provides that nothing in these Regulations authorises disclosure or use of information or documents more than 12 months after the researcher starts the research.
Overview
The Telecommunications Amendment Regulations 2000 (No. 1) were enacted to address a specific gap in the existing legislative framework regarding the use of emergency call information for research purposes. This regulatory change was introduced under the authority of the Minister for Communications, Information Technology and the Arts, and it amended the Telecommunications Regulations 1998. The primary policy objective of these regulations is to facilitate research into how emergency service numbers are used or dialled by allowing authorised researchers to obtain and use relevant information under strict conditions. The regulations ensure that any disclosure of sensitive information by emergency call persons is limited to researchers engaged by the Australian Communications Authority, subject to conditions such as a 12-month timeframe for the completion of the research and a prohibition on the researcher using the information for any other purpose. The regulations aim to balance the need for research with the protection of personal privacy and the integrity of emergency communication systems.
Scope and Application
The Telecommunications Amendment Regulations 2000 (No. 1) serve to amend the Telecommunications Regulations 1998, specifically allowing for the disclosure and use of information by emergency call persons for research purposes related to the use of emergency service numbers. These Regulations apply to emergency call persons, who are permitted to disclose information to researchers engaged by the Australian Communications Authority (ACA) to investigate how emergency call numbers are used or dialled. This includes the ability to disclose the numbers of persons who misdial emergency call numbers to enable researchers to call back these individuals. These Regulations ensure that such disclosures are strictly governed by agreements between the ACA and the researcher, mandating that the research must be completed within 12 months from its commencement and prohibiting the researcher from disclosing or using the information for any purpose other than the research. The Regulations come into effect upon gazettal and apply nationally across Australia.
Key Provisions
The main operative sections of the Telecommunications Amendment Regulations 2000 (No. 1) (the Regulations) are primarily concerned with amending the Telecommunications Regulations 1998 to allow for the disclosure of information by emergency call persons for research purposes. Specifically, Regulation 5 inserted into the Telecommunications Regulations 1998 permits such disclosure. This is detailed in Regulation 3 and Schedule 1, Item 2 of the Regulations. Regulation 5(1) stipulates that information may be disclosed by an emergency call person to a researcher engaged by the Australian Communications Authority (ACA) for research purposes, but only under certain conditions. These include the researcher calling back persons who misdial emergency call numbers, and the research being agreed upon by the ACA and the researcher as being completed within 12 months. Additionally, the researcher must agree not to disclose the information for any purpose other than the research.
The Regulations impose several obligations on the parties involved. Emergency call persons must ensure that any disclosure of information is made to a researcher engaged by the ACA for the specified research. The ACA, in turn, has the responsibility of ensuring that the researcher engaged for the research agrees to the conditions set out in Regulation 5, including the timeframe for completing the research and the restriction on the use of disclosed information. The researcher must also adhere to these conditions and not disclose the information for any purpose other than the research. These obligations are outlined in Regulation 5(1) and (2).
There are no explicit offences, penalties, or civil/criminal consequences mentioned in the Regulations for breaches of the provisions. However, the importance of adhering to the conditions stipulated in Regulation 5 is underscored by the requirement that the research must be completed within 12 months and that the information disclosed cannot be used for any purpose other than the specified research. Any failure to comply with these conditions could potentially lead to legal consequences, although the specific penalties for such breaches are not detailed within the Regulations themselves. The focus remains on ensuring that the information is used solely for the research purpose and within the specified timeframe.