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.
Overview
The Telecommunications (Data for Emergency Warning Systems) Instrument 2009 was enacted to provide a legislative framework for the disclosure of information from the Integrated Public Number Database (IPND) to authorised emergency management personnel. This Instrument was introduced under subsections 275B(2) and 275D(2) of the Telecommunications Act 1997, enabling the Minister administering the Administrative Decisions (Judicial Review) Act 1977 to specify certain offices, positions, or both, for the purposes of defining "emergency management person," and to define "emergency law" in relation to State and Territory laws. The primary objective of this Instrument is to facilitate the disclosure of IPND data to emergency management personnel for the purpose of issuing emergency warnings to the public or for testing the efficacy of such warnings. The IPND, maintained by Telstra, contains comprehensive information on residential and business phone numbers and is crucial for effective emergency communication. The Instrument was developed through consultations with relevant Commonwealth, State, and Territory agencies to ensure it aligns with existing emergency management protocols and legal frameworks.
Scope and Application
The Telecommunications (Data for Emergency Warning Systems) Instrument 2009 applies to the disclosure of information within the Integrated Public Number Database (IPND) to specific emergency management personnel, as defined by the Act. This legislation facilitates the release of otherwise restricted information from the IPND to emergency management persons, who are specified in the Instrument, for purposes directly related to alerting the public to potential or actual emergencies, as well as for the reasonable testing of emergency alert systems. The Act extends to all relevant offices and positions within the Commonwealth, states, and territories, as well as relevant emergency laws, which are referenced from existing state and territory laws. These definitions are integral in determining the scope of access and disclosure permissible under the Instrument. The geographic and jurisdictional reach of this Instrument is national, encompassing all levels of government and relevant industry participants. The Instrument does not explicitly state exclusions, exemptions, or thresholds but operates under the broader legislative framework provided by the Telecommunications Act 1997. The application of the Instrument can be further extended or specified through subordinate instruments, aligning with the overarching legislative intent and operational requirements.
Key Provisions
The Telecommunications (Data for Emergency Warning Systems) Instrument 2009 (the Instrument) specifies which offices or positions qualify as "emergency management persons" under subsection 275B(2) of the Telecommunications Act 1997 (the Act). This specification allows those persons to access the Integrated Public Number Database (IPND) for purposes connected to alerting individuals to a likely or actual emergency or for testing the capability to alert people in case of an emergency (section 275B(2)). The Instrument also identifies laws of a State or Territory that qualify as "emergency law" under subsection 275D(2) of the Act. This qualification enables the disclosure of IPND information to emergency management persons for emergency alert purposes or for testing the alert capability (section 275D(2)).
Under the Act, certain restricted information in the IPND, which includes all residential and business phone numbers and associated subscriber details, can be disclosed to emergency management persons for emergency-related purposes (section 275B). The IPND is maintained by Telstra, and all carriage service providers must provide Telstra with the necessary information to fulfil this obligation (clause 10 of the Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997). The Instrument lists senior offices or positions within the Commonwealth and each State and Territory that qualify as emergency management persons, thus allowing them to use or disclose IPND data (section 275B). These persons are also responsible for reporting on the access and use of this data.
The Instrument sets out specific offences, penalties, and consequences for breaches related to the misuse of IPND data. The penalties for contravening the Act can include fines and imprisonment. For instance, under section 275E of the Act, a person who contravenes a direction issued under section 275D may be liable for a penalty of up to 2,000 penalty units, which currently amounts to approximately AUD 330,000, or imprisonment for up to five years, or both. Additionally, misuse of IPND data for unauthorised purposes may lead to civil and criminal consequences, including fines and imprisonment, as determined by the courts under the relevant sections of the Act.
Consultation processes as required by section 275B(5) of the Act have been followed, involving relevant Commonwealth and State and Territory agencies with emergency management responsibilities. The Minister administering the Administrative Decisions (Judicial Review) Act 1977 has also consulted with the Minister administering the Telecommunications Act 1997 before making the Instrument. This ensures that the specified offices or positions and laws are accurately aligned with the legislative intent and operational needs of emergency management. The Instrument comes into effect on the day after it is registered.