EXPLANATORY STATEMENT
Telecommunications (Data for Emergency Warning Systems) Instrument 2010
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 telephone-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 Telecommunications (Data for Emergency Warning Systems) Instrument 2010 (2010 Instrument) is to revoke the Telecommunications (Data for Emergency Warning Systems) Instrument 2009, (2009 Instrument) which specifies 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 2009 Instrument also references existing State and Territory laws to define “emergency law.”
A number of States and Territories have requested changes to the details of the senior offices or positions or laws listed in the 2009 Instrument. The requests are a result of further consideration of the procedures to be adopted in the event of activation and operation of telephone-based emergency warning systems (Emergency Alert and StateAlert).
The 2010 Instrument revokes the 2009 Instrument. The 2010 Instrument specifies a number of senior offices or positions within the Commonwealth and each of the States and Territories as emergency management persons and also specifies existing State and Territory laws as “emergency law.”
This Instrument incorporates An Arrangement between The Minister for Justice and Customs of the Commonwealth And The Australian Capital Territory For The Provision of Police Services to the Australian Capital Territory (“The Policing Agreement”), as amended from time to time. The Policing Agreement may be obtained from the ACT Department of Justice and Community Services upon request, or from http://www.jcs.act.gov.au/eLibrary/act_community_policing/Arrangement%20%20final%20June2006.pdf.
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.
All are supportive of the 2010 Instrument.
Commencement Date
The Instrument commences on the day after it is registered.