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.
Overview
The Telecommunications (Data for Emergency Warning Systems) Instrument 2010 was enacted to address the need for flexibility and adaptation in the allocation of roles and responsibilities concerning access to the Integrated Public Number Database (IPND) for emergency management purposes. This legislative instrument, made under subsections 275B(2) and 275D(2) of the Telecommunications Act 1997, was introduced to respond to requests from various States and Territories for revisions to the details of senior offices or positions and laws previously specified in the 2009 Instrument. The Instrument revokes the 2009 version and updates the list of emergency management persons and emergency laws, thereby ensuring that the IPND can be effectively utilised in the activation and operation of telephone-based emergency warning systems such as Emergency Alert and StateAlert. The policy objective is to enhance the preparedness and response capabilities of emergency management agencies across different jurisdictions, thereby facilitating timely and effective dissemination of critical information to the public.
Scope and Application
The Telecommunications (Data for Emergency Warning Systems) Instrument 2010 applies to offices or positions within the Commonwealth, states, and territories that are designated as emergency management persons. These persons are authorised to access and disclose information contained in the Integrated Public Number Database (IPND), which includes all residential and business phone numbers and related subscriber information. This Act allows for the disclosure of restricted information from the IPND to these specified individuals or offices for the purpose of issuing telephone-based emergency warnings. The instrument specifies which Commonwealth, state, and territory offices or positions qualify as emergency management persons and which state and territory laws are considered "emergency law," thereby providing a clear framework for the use of IPND data in emergency situations. The instrument revokes the 2009 version to update and align the details of emergency management persons and laws in response to requests from various states and territories, reflecting changes in emergency warning system procedures. The instrument’s application is national, covering all jurisdictions within Australia, and it incorporates an arrangement between the Minister for Justice and Customs of the Commonwealth and the Australian Capital Territory for the provision of police services.
Key Provisions
The Telecommunications (Data for Emergency Warning Systems) Instrument 2010 (2010 Instrument) primarily focuses on specifying certain offices or positions within the Commonwealth and the states and territories as "emergency management persons" under section 275B (2) of the Telecommunications Act 1997. These persons are then authorised to access and use the Integrated Public Number Database (IPND) in connection with the provision of telephone-based emergency warnings. Additionally, the 2010 Instrument specifies certain State and Territory laws as "emergency law" under section 275D (2) of the Act. This means that these laws are recognised as the legal frameworks that govern emergency management within their respective jurisdictions.
Under the 2010 Instrument, certain senior offices or positions within the Commonwealth and the states and territories are designated as "emergency management persons" (sections 2 and 3). These persons are granted the authority to access and disclose IPND data, which includes all residential and business phone numbers and associated subscriber information. This access is crucial for the efficient and effective dissemination of emergency warnings. The IPND is an extensive database maintained by Telstra, and all carriage service providers are obligated to provide Telstra with necessary information to fulfil its maintenance responsibilities (section 4).
The obligations imposed by the 2010 Instrument on the designated "emergency management persons" are primarily centred around the lawful and responsible use of IPND data for emergency purposes. These persons must ensure that the data is used solely for issuing emergency warnings and that its disclosure is limited to authorised circumstances (section 5). Furthermore, they are responsible for reporting on the access and use of the IPND data as required under the Act (section 6). All relevant Commonwealth and state and territory agencies have been consulted in the drafting process, and all are supportive of the 2010 Instrument (section 8).
The 2010 Instrument also outlines the potential consequences for breaches of its provisions. While specific offences and penalties are not detailed within the text, breaches of the Telecommunications Act 1997 can result in both civil and criminal penalties. For instance, unauthorised access to telecommunications data can lead to substantial fines and imprisonment (section 275F). The maximum penalties can vary depending on the severity of the breach, but they are intended to ensure compliance with the Act's provisions and to protect the integrity of the IPND and the emergency warning systems it supports. The Instrument comes into effect on the day after it is registered (section 10).