Telecommunications (Emergency Call Service) Amendment Determination 2004 (No. 1)
The AUSTRALIAN COMMUNICATIONS AUTHORITY makes this Determination under subsection 147 (1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999.
Dated 10 March 2004
R HORTON
Chair
A HORSLEY
Deputy Chair
Australian Communications Authority
1 Name of Determination
This Determination is the Telecommunications (Emergency Call Service) Amendment Determination 2004 (No. 1).
2 Commencement
This Determination commences on the date of its notification in the Gazette.
3 Amendment of Telecommunications (Emergency Call Service) Determination 2002
Schedule 1 amends the Telecommunications (Emergency Call Service) Determination 2002.
Schedule 1 Amendments
(section 3)
[1] After subsection 12 (2)
insert
(2A) If an end-user of an emergency call service who makes an emergency call using the emergency service number 000 or 112:
(a) asks the person receiving the call to connect the end-user to a state or territory emergency service; or
(b) indicates in another way that the end-user wishes to be connected to a state or territory emergency service; or
(c) gives information to the person receiving the call, and on the basis of that information the person receiving the call reasonably believes that the end-user should be connected to a state or territory emergency service;
the person receiving the call is taken to have complied with this section if the person connects the end-user to a pre-recorded voice announcement that tells the end-user how to contact a state or territory emergency service.
Note 1 An emergency call person can only connect an end-user to an emergency service organisation — see the definition of emergency call service in section 7 of the Telecommunications Act 1997 and the definition of emergency service organisation in subsection 147 (11) of the Act. The definition of emergency service organisation includes a police force or service, a fire service or an ambulance service but does not include a state or territory emergency service.
Note 2 A pre-recorded voice announcement for subsection (2A) should explain that a state or territory emergency service cannot be contacted through the emergency call service, and should tell the end-user how to contact a state or territory emergency service. If the State or Territory from which the call is made has adopted a single telephone number for that State or Territory’s state or territory emergency service, the announcement should include that number.
[2] Dictionary, after definition of standard emergency telephone service
insert
state or territory emergency service means any of the following services:
(a) the ACT Emergency Service established under the Emergency Management Act 1999 of the Australian Capital Territory;
(b) the State Emergency Service of New South Wales established under the State Emergency Service Act 1989 of New South Wales;
(c) the part of the Northern Territory Fire and Rescue Service, established by the Fire and Emergency Act 1996 of the Northern Territory, that is not an emergency service organisation;
(d) if the State Counter-Disaster Organisation Act 1975 of Queensland is in force — the Queensland State Emergency Service continued in existence and established as the State Emergency Service under that Act;
(e) if Part 6 of the Disaster Management Act 2003 of Queensland is in force — the State Emergency Service established under that Part;
(f) the State Emergency Service continued in existence as State Emergency Service South Australia under the State Emergency Service Act 1987 of South Australia;
(g) the State Emergency Service established under the Emergency Services Act 1976 of Tasmania;
(h) the Victoria State Emergency Service established under the Victoria State Emergency Service Act 1987 of Victoria;
(i) the part of the Fire and Emergency Services Authority of Western Australia, established by the Fire and Emergency Services Authority of Western Australia Act 1998 of Western Australia, that is not an emergency service organisation.
Overview
The Telecommunications (Emergency Call Service) Amendment Determination 2004 (No. 1) was enacted by the Australian Communications Authority under subsection 147(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999. This Determination addresses the gap in the existing emergency call service provisions by clarifying the circumstances under which an operator of an emergency call service must connect a caller to an appropriate emergency service, or provide them with instructions on how to contact state or territory emergency services. This is achieved through amendments to the Telecommunications (Emergency Call Service) Determination 2002, as outlined in Schedule 1 of the Determination. The policy objective is to ensure that end-users of emergency call services receive clear and appropriate guidance, even when they seek assistance from state or territory emergency services that are not directly accessible through the emergency call service.
Scope and Application
The Telecommunications (Emergency Call Service) Amendment Determination 2004 (No. 1), made under the Telecommunications (Consumer Protection and Service Standards) Act 1999, applies to the provision of telecommunications services in Australia, specifically concerning the routing of emergency calls. This Determination is pertinent to telecommunications service providers who operate emergency call services, ensuring they comply with the legislative requirements when handling emergency calls. It applies to any person or entity providing emergency call services, particularly those who connect emergency calls to emergency service organisations. The jurisdictional reach of this Act is national, given its foundation under the Commonwealth Act. The Determination does not explicitly exclude any particular entities or circumstances but operates within the framework of the overarching Act, which includes provisions for exemptions and thresholds through subordinate instruments. The Determination amends the Telecommunications (Emergency Call Service) Determination 2002, clarifying the conditions under which an end-user can be connected to a state or territory emergency service via a pre-recorded voice announcement.
Key Provisions
The Telecommunications (Emergency Call Service) Amendment Determination 2004 (No. 1) amends the Telecommunications (Emergency Call Service) Determination 2002, specifically under subsection 12(2) and by adding a new subsection 12(2A) (Schedule 1, section 3). The amendment introduces a provision whereby if an end-user of an emergency call service makes an emergency call using 000 or 112 and asks to be connected to a state or territory emergency service, the person receiving the call must connect the end-user to a pre-recorded voice announcement that explains how to contact the relevant state or territory emergency service. The determination also clarifies that a pre-recorded announcement should include details on how to contact state or territory emergency services, and if applicable, the single telephone number for that state or territory's emergency service (Schedule 1, section 3, Note 2). Additionally, the definition of "state or territory emergency service" is expanded in the Dictionary to include specific services in each Australian state and territory (Schedule 1, section 2).
The Amendment Determination imposes several obligations on parties involved with emergency call services. Service providers must ensure that if an end-user requests connection to a state or territory emergency service, they connect the end-user to a pre-recorded voice announcement instead. This announcement should provide clear instructions on contacting the relevant state or territory emergency service. Furthermore, the determination underscores the necessity for the content of the pre-recorded announcement to be specific and informative, ensuring end-users understand how to reach the appropriate emergency services (subsection 12(2A)). These obligations are essential for maintaining the integrity and effectiveness of emergency communications.
Failure to comply with the requirements of the Amendment Determination may result in significant consequences. Although the Determination does not explicitly state specific offences or penalties, non-compliance with the Telecommunications (Consumer Protection and Service Standards) Act 1999, under which this Determination is made, could lead to enforcement actions by the Australian Communications Authority. These actions may include fines or other penalties as stipulated by the primary Act. The potential penalties could vary depending on the severity and frequency of non-compliance, but the overarching goal is to ensure that emergency communication services operate effectively and efficiently to safeguard public safety.