EXPLANATORY STATEMENT
Telecommunications (Data for Emergency Warning Systems) Instrument 2009
Under subsections 275B (2) and 275 D (2) of the Telecommunications Act 1997
(the Act) the Minister administering the Administrative Decisions (Judicial Review) Act 1977 may, by legislative instrument specify:
- either offices or positions or both for the purposes of the definition of emergency management person, and
- a law of a State or Territory for the purposes of the definition of emergency law.
The Act allows otherwise restricted information contained in the Integrated Public Number Database (IPND) to be disclosed to emergency management persons and used in connection with the provision of telephony-based emergency warnings.
The IPND is an industry-wide database of all residential and business phone numbers (both listed and unlisted) and associated subscriber information, including name and address information. The IPND was established and is maintained by Telstra in accordance with clause 10 of the Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997. All carriage service providers who supply carriage services to subscribers who have public numbers, are obliged to provide Telstra with such information as it reasonably requires in connection with the fulfilment of its obligation to maintain the IPND.
The States and Territories have primary responsibility for the protection of life and property, and thus the issuing of emergency warnings to the public. The Act provides the Attorney‑General (the Minister administering the Administrative Decisions (Judicial Review) Act 1977), as the Minister with portfolio responsibility for emergency management issues, with powers to specify, by legislative instrument, which Commonwealth, State and Territory emergency management offices or positions can access and disclose IPND information and in what circumstances.
The purpose of the Instrument is to specify offices or positions to define emergency management persons and define emergency law to enable disclosure of information or a document contained in an integrated public number database to an emergency management person for:
- a purpose connected with persons being alerted to a likely or actual emergency, or
- for the purpose of reasonable testing of whether, in the event of an emergency occurring, persons would be able to be alerted to that emergency.
The Instrument lists senior offices or positions within the Commonwealth and each of the States and Territories as emergency management persons who can use or disclose the IPND data and are therefore responsible for reporting on its access.
The Instrument references existing State and Territory laws to define “emergency law.”
Consultation
Relevant Commonwealth and State and Territory agencies with emergency management responsibilities have been consulted in the drafting of the Instrument.
As required under section 275B (5) of the Act, the Minister administering the Administrative Decisions (Judicial Review) Act 1977 has consulted with the Minister administering the Telecommunications Act 1997 before making this instrument.
Commencement Date
The Instrument commences on the day after it is registered.