Telecommunications (Emergency Call Persons) Determination 2019

Overview

The Telecommunications (Emergency Call Persons) Determination 2019, enacted under the Telecommunications Act 1997, aims to address the gap in the identification and designation of persons responsible for handling emergency calls within the telecommunications sector. This determination was issued by the Australian Communications and Media Authority and designates Telstra Limited and the National Relay Service provider, Concentrix Services Pty Ltd, as national operators of emergency call services. These operators are responsible for receiving and managing calls made to emergency service numbers, including the primary emergency number 000, the supplementary number 112 for digital mobile phones, and the number 106 specifically for use with teletypewriters (TTYs). The policy objective of this determination is to ensure that there are designated entities capable of efficiently managing emergency telecommunications, thereby enhancing public safety and response capabilities during critical situations. The determination also includes definitions and references to other relevant instruments, ensuring a comprehensive framework for the operation of emergency call services. It identifies Telstra Limited as the primary operator for emergency calls and specifies that the NRS provider is responsible for handling calls made using the number 106. The determination was updated following amendments made by the Telstra Corporation and Other Legislation Amendment Act 2021, which affected various sections and schedules, ensuring the framework remains aligned with legislative changes and operational requirements.

Scope and Application

The Telecommunications (Emergency Call Persons) Determination 2019 is a legislative instrument made under the authority of paragraph 19(1)(b) of the Telecommunications Act 1997. This determination designates Telstra Limited as a national operator of emergency call services, recognising its role in handling calls to the emergency service numbers 000 and 112. Additionally, the determination identifies the National Relay Service (NRS) provider, Concentrix Services Pty Ltd, as another national operator of emergency call services, specifically for calls to the emergency service number 106, which is designated for use with teletypewriters (TTYs). This determination applies to these entities by virtue of their roles in providing emergency call services across Australia, ensuring that the specified emergency numbers are managed efficiently and effectively. The application of this determination is geographically broad, encompassing all activities related to the designated emergency call services throughout Australia. There are no specific exclusions or exemptions outlined in this determination, though its scope is confined to the specified entities and emergency call services. Any further application or operational details are likely to be found in subordinate instruments or further regulations issued under the authority of the Telecommunications Act 1997. The determination also reflects amendments made by the Telstra Corporation and Other Legislation Amendment Act 2021, which affected the repealed sections of the original legislation and the subsequent renumbering of certain provisions.

Key Provisions

The Telecommunications (Emergency Call Persons) Determination 2019, made under paragraph 19(1)(b) of the Telecommunications Act 1997, designates Telstra Limited and the National Relay Service (NRS) provider as national operators of emergency call services (section 7). This determination specifies the entities responsible for receiving and managing calls to designated emergency service numbers, including 000, 112, and 106. The document also clarifies the definitions pertinent to this determination, such as 'emergency call service' and 'emergency service number', and references other relevant instruments including the Telecommunications Numbering Plan 2015 (section 4). It further elaborates on the responsibilities of these entities, noting that Telstra Limited handles calls to the emergency numbers 000 and 112, while the NRS provider, Concentrix Services Pty Ltd, manages calls to the emergency number 106, specifically for teletypewriter (TTY) users (section 8). Entities designated as national operators of emergency call services, such as Telstra Limited and the NRS provider, are obligated to ensure the efficient and reliable operation of their emergency call services. This includes maintaining the infrastructure necessary to receive and process calls to the specified emergency numbers, providing staff with the appropriate training to handle emergency calls, and ensuring compliance with any additional requirements or standards set forth by the Australian Communications and Media Authority (ACMA) (section 7). These entities must also ensure that their services are accessible to all members of the public, including those with disabilities, and that they can effectively communicate with emergency services on behalf of users who may have difficulty speaking or hearing. Breaches of the obligations under this Determination may result in various consequences. For instance, failure to maintain the required standards for emergency call services could lead to penalties under the Telecommunications Act 1997 or other relevant legislation. The specific penalties for non-compliance are not detailed in this Determination but would typically include fines and potential legal action to enforce compliance. Additionally, persistent or severe non-compliance could lead to the revocation of the entity's status as a national operator of emergency call services, thereby impacting their ability to operate within this critical sector. The exact penalties and consequences would be determined by the relevant regulatory authorities, such as the ACMA, in accordance with the provisions of the Telecommunications Act 1997 and any other applicable laws.