Telecommunications (Emergency Call Service) Amendment Determination 2025 (No. 1)

EXPLANATORY STATEMENT

Prepared by the Australian Communications and Media Authority

Telecommunications (Consumer Protection and Service Standards) Act 1999

TELECOMMUNICATIONS (EMERGENCY CALL SERVICE) AMENDMENT DETERMINATION 2025 (No.1)

Outline

The Australian Communications and Media Authority (the ACMA) has made the Telecommunications (Emergency Call Service) Amendment Determination 2025 (No.1) (the Amendment Determination) under subsection 147(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (the Act) and subsection 33(3) of the Acts Interpretation Act 1901 (the AIA). The Amendment Determination has also been made in accordance with subsection 6(1) of the Australian Communications and Media Authority (Emergency Call Service Determination) Direction 2024 (the Direction).

Subsection 147(1) of the Act provides that the ACMA must make a written determination imposing requirements on carriers, carriage service providers (CSPs) and/or emergency call persons in relation to emergency call services (ECS). In accordance with subsection 147(1), the ACMA made the Telecommunications (Emergency Call Service) Determination 2019 (the ECS Determination).

Subsection 33(3) of the AIA provides that where an Act confers a power to make an instrument, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

The Minister for Communications (the Minister) has the power under subsection 14(1) of the Australian Communications and Media Authority Act 2005 (ACMA Act) to give written directions to the ACMA in relation to the performance of the ACMA’s functions and the exercise of its powers. The Direction was given to the ACMA by the Minister under subsection 14(1) of the ACMA Act and commenced on 5 September 2024.

Subsection 6(1) of the Direction requires the ACMA to amend the ECS Determination to impose requirements on providers to:

• wilt controlled facilities in the event they lose connectivity to a core network, to ensure emergency calls can be carried by other networks;
• take all reasonable steps to ensure that, during an outage, the provider’s network or controlled facilities do not impede emergency call camp on functionality;
• test that emergency calls originating on their network can be delivered to the emergency call person for 000 and 112, including when using the emergency call camp on functionality; and
• configure networks to carry emergency calls originating on their network to the emergency call person for 000 and 112 regardless of the mobile phone used to initiate the call;
• share real time network information relating to outages with relevant emergency services organisations, the emergency call person for 000 and 112 and other appropriate entities;
• report specified information to the ACMA and the Department within a specified timeframe after a major outage that affected the delivery of emergency calls to the emergency call person for 000 and 112;
• comply with requirements set out in a comprehensive disruption protocol during and after a major outage that affects the delivery of emergency calls to the emergency call person for 000 and 112;
• submit a management plan to the ACMA and other appropriate entities, in advance of any proposed changes to their operations or their networks that will impact the delivery of calls to the emergency call person for 000 and 112 and detail the steps the provider will take to minimise any detrimental impacts of those changes on end-users.

Subsection 5(2) of the Direction provides that the amendments provided for in subsection 6(1) of the Direction are to be determined by 30 April 2025 and must commence in full by 1 November 2025. The Amendment Determination will commence on 1 November 2025.

Background

The Optus outage of 8 November 2023 had a significant impact on a wide range of Australians, affecting emergency services, government services, businesses and vulnerable people. In response to the outage, the Australian Government commissioned a post-incident review which made recommendations aimed at strengthening the emergency call service regulatory framework.

As mentioned above, the Minister directed the ACMA to amend the ECS Determination in response to concerns about access to the emergency call service during network outages.

Purpose and operation of the Amendment Determination

The Amendment Determination has been made to fulfil the requirements of the Direction.

The purpose of the Amendment Determination is to impose new obligations on providers including CSPs and carriers to improve the overall reliability of access to the ECS during network outages. The new rules:

        articulate what is expected of providers in regard to ensuring calls are delivered to the emergency call service

        require providers to share real time network information detailing outages with relevant emergency service organisations and other listed entities

        require providers to report to the ACMA and the Department after a major outage, identifying in the report the outage’s causes, steps taken to resolve the outage, the impact on the emergency call service, and a plan to avoid similar outages in future

        set out disruption protocols

        require providers to give the ACMA a management plan that details the steps the provider will take to minimise detrimental impacts on end-users of proposed significant changes to operations or networks that will adversely affect the carriage of emergency calls.

The Amendment Determination is a disallowable legislative instrument under the Legislation Act 2003 (the LA).

A provision-by-provision description of the instrument is set out in the notes at Attachment A.

Documents incorporated by reference

The Amendment Determination incorporates or refers to the following Acts and legislative instruments (including by the adoption of definitions), which are available free of charge on the Federal Register of Legislation (http://www.legislation.gov.au):

The Acts and instruments are incorporated as in force from time to time, in accordance with section 10 of the AIA, subsection 13(1) of the LA and section 589 of the Telecommunications Act 1997.

The Amendment Determination also incorporates the following instruments:

Information about how to access the above instruments are set out in Notes in the Amendment Determination where those instruments are referred. The instruments are incorporated as in force from time to time, in accordance with section 589 of the Telecommunications Act 1997. 

Statement of Compatibility with Human Rights

Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule-maker in relation to a legislative instrument to which section 42 (disallowance) of the  LA applies to cause a statement of compatibility with human rights to be prepared in respect of that legislative instrument.

The statement of compatibility with human rights at Attachment B has been prepared to meet that requirement.

Public consultation

Before the Amendment Determination was made, the ACMA was satisfied that consultation was undertaken to the extent appropriate and reasonably practicable, in accordance with section 17 of the LA and subsections 147(9) and (9A) of the Act

In accordance with subsection 147(9A) of the Act, the ACMA consulted with the Secretary of the Department of Infrastructure, Transport, Regional Development, Communications and the Arts (the Department) before making the Determination. The Secretary was provided with a draft copy of the Determination on 12 February 2025.

A targeted consultation process was undertaken with industry representatives and the Department from 13 December 2024 to 13 January 2025 seeking feedback on early draft amendments. Additional targeted consultation also took place following the public consultation process on proposed additional amendments. 

In accordance with subsection 147(9) of the Act and section 17 of the LA, the ACMA commenced a public consultation process on 12 February 2025 releasing a consultation paper with a draft version of the Telecommunications (Emergency Call Service) Amendment Determination 2025 (No.1) for public comment. The consultation closed on 14 March 2025.

The consultation paper sought submissions and information about the proposed new rules and the ACMA facilitated follow-up discussions with carriers to understand certain aspects of their submissions.

During the consultation process, the ACMA received 18 submissions from the public, participants in the telecommunications sector, consumer groups, representatives of emergency service organisations (ESOs) and government. Based on the feedback received, there was broad support for the proposed changes to achieve the objective of improving the reliability of access to the emergency call service.

Submissions opposing aspects of the new requirements centred largely on a preference to revise the definition of ‘significant local outage’. Providers suggested the proposed threshold of 1000 services impacted by an outage was too low and would result in an administrative burden that was not effectively balanced by public benefit. Submissions from consumer representatives also raised this issue suggesting that the threshold was too high, arguing that smaller communities in remote locations would fail to realise the benefit of increased protections because they were not captured under the definition.

Providers also raised concerns about the scope of carriage services captured under the definition of ‘significant local outage’ arguing that not all carriage services supplied to end-users should be included.

The Australian Communications Consumer Action Network raised concerns about the need for greater transparency and accountability noting that the exception from the requirement to disclose the cause of an outage for network security or national security reasons could result in providers being less transparent and accountable.

Police services representatives from Western Australia and NSW raised concerns about the potential for increased referrals to police that may arise from increased requirements for police to follow up on welfare checks where a carriage service provider has been unable to get a response from an end-user that made an unsuccessful emergency call during a significant local outage. WA Police noted that this could result in significant operational challenges and negatively impact service delivery especially in regional and remote areas.

The issues raised in submissions,  together with the requirements of the Direction, have all been considered in making the final Amendment Determination.

Attachment A

Notes to the Telecommunications (Emergency Call Service) Amendment Determination 2025 (No.1)

Section 1 Name

This section provides for the instrument to be cited as the Telecommunications (Emergency Call Service) Amendment Determination 2025 (No. 1).

Section 2  Commencement

This section provides for the instrument to commence on 1 November 2025.

Section 3 Authority

This section identifies the provision that authorises the making of the instrument, namely subsection 147(1) of the Act.

Section 4 Amendments

This section provides that the Telecommunications (Emergency Call Service) Determination 2019 (ECS Determination) is amended as set out in Schedule 1

Schedule 1 Amendments

Item 1

Item 1 repeals subsection 5(2) (including the note) of the ECS Determination and substitutes a new subsection and note. The new subsection 5(2) will insert a new objective at paragraph 5(2)(d). Two additional paragraphs (e) and (f) have also been added to the Note under subsection 5(2). The new objective and notes reflect changes made to the ECS Determination.

Item 2

Item 2 amends section 6 of the ECS Determination to insert definitions for a number of new terms that will be used throughout the instrument. Subsection 6(3) of the Direction provides that, in amending the ECS Determination, the ACMA may define any terms that it considers appropriate or necessary.

Item 3

Item 3 repeals the definition of ‘significant network outage’ in section 6. The term ‘significant network outage’ was used in sections 27 and 28 of the ECS Determination.  Item 6 of the instrument repeals section 27 and Items 7 and 8 will replace the term ‘significant network outage’ with the term ‘major outage’. The term ‘significant network outage’ is therefore no longer required.

Item 4

Item 4 repeals and substitutes section 19. A new subsection 19(2) has been inserted to require carriers to ensure that their controlled networks and facilities are configured to carry emergency calls to the relevant termination point. Subsection 19(3) provides an exception so that subsection 19(1) and subsection 19(2) do not apply if a matter beyond the control of the carriage service provider or carrier materially and adversely affects the provider’s or carrier’s technical ability to carry the emergency call to the relevant termination point. A note has been added to explain that a matter beyond the control of a carrier may include where non-genuine emergency registrations cause failures in carrier networks or facilities where a carrier has taken measures to minimise the impact of such registrations and that other examples of matters that may be beyond the control of a carriage service provider are in the note to subsection 12(2).

Subsection 19(4) provides that subsection 19(2) does not apply where an end-user’s mobile phone is not configured to be able to access the emergency call service.

Item 5

Item 5 repeals the heading of Division 2.4 and substitutes ‘Welfare checks and cooperation’. The requirement for notifications under section 27 is being repealed (see Item 6) so the heading of Division 2.4 has been amended to remove the reference to notifications.

Item 6

Item 6 repeals section 27. Section 27 imposed a notification requirement on carriers and CSPs where they became aware that their controlled network or controlled facilities were unable to carry emergency calls as a result of a significant network outage. Those carriers and CSPs were required to notify or arrange to notify the ECPs for 000 and 112 and 106 and each other CSP that they had an obligation to provide access to under section 10, of the outage. Item 13 of this instrument will insert a new Division 5.2 in Part 5 of the ECS Determination which will impose similar notification requirements on carriers and CSPs. Section 27 was therefore duplicative of that obligation and has been repealed.

Item 7

Item 7 changes the term ‘significant network outages’ in the heading to section 28 to ‘major outages’.

Item 8

Item 8 substitutes the term ‘significant network outage’ wherever it occurs in paragraphs 28(1)(a) and (b) with ‘major outage’.

Item 9

Item 9 inserts a new paragraph 28(2)(c). The paragraph provides an exception to the requirement imposed on a carriage service provider to undertake a welfare check on an unsuccessful emergency call where an end-user makes an unsuccessful call using a public mobile telecommunications service, and the carriage service provider, as soon as practicable after becoming aware of the unsuccessful emergency call, identifies that the location of the customer equipment from which the call was made has changed since the call was made. The repealed paragraph did not specify that the paragraph applied once a CSP itself had identified that the location of customer equipment had changed, and the substituted paragraph now clarifies that requirement. The change has been made to address a gap in the provision by specifying that a CSP must make an assessment as soon as practicable after becoming aware of the unsuccessful emergency call as to whether the location of the customer equipment from which the call was made has changed.

Item 10

Item 10 amends section 31 so that references to the Administrative Appeals Tribunal at subsection 31(8) and subsection 31(10) are updated to Administrative Review Tribunal.  The reference to the Administrative Appeals Tribunal Act 1975 has also been updated to refer to the Administrative Review Tribunal Act 2024.

Item 11

Item 10 inserts a new section 31A which requires that a carrier who owns or operates a controlled network or controlled facility used to carry emergency calls, must, as far as practicable, stop or minimise the number of non-genuine emergency registrations using its networks or facilities which are received by the emergency call person for 000 and 112. The terms ‘emergency registration’ and ‘non-genuine emergency registration’ are defined at section 6 (see Item 2).

Item 12

Item 12 amends section 50 so that references to the Administrative Appeals Tribunal at subsection 50(8) and subsection 50(10) are updated to Administrative Review Tribunal.  The reference to the Administrative Appeals Tribunal Act 1975 has also been updated to refer to the Administrative Review Tribunal Act 2024.

Item 13

Item 13 inserts a new section 50A which enables the emergency call person for 000 and 112 to block or otherwise minimise non-genuine emergency registrations if they reasonably suspect that those registrations are adversely impacting or are likely to adversely impact the operation of the emergency call service.

Item 14

Item 14 repeals the definitions of ‘mobile phone’, ‘Internet of Things devices’ and ‘medical alert devices’ from section 62 as those definitions are now included in section 6 (see Item 2).

Item 15

Item 15 inserts a new Part 5 into the ECS Determination. This Part sets out requirements

for carriers in relation to emergency calls made on a mobile phone, information sharing requirements during specific types of outages and management plans prior to planned changes.

The new Part consists of 3 Divisions. The Divisions and each of the provisions under those Divisions are described below.

Division 5.1

Division 5.1 sets out carrier obligations in relation to calls made to the emergency call person for 000 and 112 on a mobile phone.

Section 72

This section outlines that the Part applies to a carrier whose networks are used to supply relevant carriage services that enable end-users to access the emergency call service using a mobile phone. ‘Relevant carriage service’ is defined at section 6 (see Item 2) as a carriage service but excluding an internet of things data-only service. An ‘internet of things data-only service’ is defined in section 6 (see Item 2). The term ‘carriage service’ is defined in section 7 of the Telecommunications Act 1997 as a service for carrying communications by means of guided and/or unguided electromagnetic energy.

Section 73

This section requires carriers to wilt mobile base stations that are used to carry emergency calls on the carrier’s mobile network if the carrier’s mobile network loses all connectivity to the carrier’s core network and the carrier is unable to carry emergency calls until such time as the base station is able to establish and maintain connectivity to the carrier’s core network and the carrier can carry the emergency call to the relevant termination point.

Subsection 73 is intended to only require a mobile carrier to wilt a mobile base station that has lost connectivity to the core network. A carrier should not wilt a mobile base station that is successfully connected to the core network and that is able to carry an emergency call.

A carrier is not required to wilt a mobile base station in any circumstance where the mobile base station and core network are capable of successfully carrying an emergency call to the relevant termination point. For example, if voice services were working, but data services were not, the mobile base station should not be wilted. Similarly, if SMS was not working but voice services were, the mobile base station should not be wilted.

As noted  above, section 72 only applies to a ‘relevant carriage service’ and does not apply to internet of things data-only services. The effect of this is that carriers should not wilt a mobile base station if there is an outage only affecting internet of things devices.

Subsection 73(3) provides an exception to the requirement in subsection 73(2) if the mobile base station is connected to more than one core network and an emergency call initiated on the mobile base station is carried to the relevant termination point using a different carrier’s core network that is connected to the mobile base station. This provision enables a carrier that is in a multi-operator carrier network arrangement with another carrier to not wilt the base station if it loses connectivity to its core network and has technology in place within its network to send emergency calls initiated on the base station to another carrier network for carriage to the relevant termination point.

Section 74

This section requires carriers to provide emergency call camp on functionality if there is a major outage or significant local outage in a mobile network operated or controlled by a carrier that affects an end-user’s ability to make an emergency call.

Subsection 74(2) requires carriers to take all reasonable steps to ensure that their controlled networks and facilities do not impede emergency call camp on functionality.

Subsection 74(3) requires carriers that are capable of carrying an emergency call to carry emergency calls that are initiated through emergency call camp on functionality to the relevant termination point.

Section 75

This section requires carriers to take reasonable steps to test that emergency calls on their networks will be carried to the relevant termination point and that an emergency call on their mobile network can be carried on another available mobile network using emergency call camp on functionality if the carrier’s mobile network is unavailable.

Section 76

Section 76 provides an exception to sections 73 to 75 if a matter beyond the control of the carrier materially and adversely affects its technical ability to comply with those provisions.

Division 5.2

Division 5.2 outlines the requirements on carriers to share information during outages. 

Section 77

Subsection 77(1) outlines that section 78 applies to a carrier if there is a major outage or a significant local outage affecting the carriage of emergency calls using its networks or facilities. Subsection 77(2) outlines that section 79 applies to a carrier if there is a major outage affecting the carriage of emergency calls using its networks or facilities.

Section 78

Section 78 requires a carrier to share real time network information with the entities specified in subsection 78(2). The real time network information is specified in subsection 78(3) and a carrier is required to share as much of the information specified in that subsection that is available to the carrier at the time of sharing.

Subsection 78(4) outlines when the information is to be shared. This is as soon as practicable after the carrier becomes aware of a material change if there is one, and otherwise as often as necessary and at least once every six hours for the first 24 hours of the outage and thereafter once every 24 hours.

Subsection 78(5) provides that a carrier is not required to give information about the cause or likely cause of an outage if it has reasonable grounds to believe that disclosing this information could compromise its telecommunications network security or national security.

Section 79

Section 79 requires carriers to give a report to the ACMA and the Department within 45 days of restoration of a major outage. It allows a carrier to give the report in an alternative timeframe if the ACMA agrees in writing to the alternative timeframe.

Subsection 79(2) sets out the information about the major outage that must be included in the report. Subsection (2) also requires the report to include a clear and detailed plan (the Outcomes Plan), including timelines, outlining the steps that will be taken by the carrier to avoid similar outages occurring in the future.

Subsection 79(3) requires carriers to provide written updates to the ACMA and the Department about progress on the Outcomes Plan.

Subsection 79(4) requires the updates under subsection 79(3) to be provided every 45 days from the date of the providing the first report or until each step in the Outcomes Plan has been implemented in full unless the ACMA specifies a different timeframe in writing for the updates in which case within those specified timeframes. The ACMA cannot specify a timeframe that is less than 30 days.

Division 5.3

Division 5.3 sets out requirements for management plans.

Section 80

Section 80 requires a carrier that proposes a significant change to its operations or underlying telecommunications network technology or architecture that will fundamentally and adversely change how it carries emergency calls to the relevant termination point to give the ACMA a management plan. The note to subsection 80(1) sets out examples of changes to telecommunications network technology or architecture that a carrier might consider would fundamentally and adversely change how it carries emergency calls. This might include for example, a change that adversely affects an end-user’s capability to make an emergency call from customer equipment that is typically used to make such calls. This could occur if a mobile carrier shuts down a generation of mobile technology and an end-user can no longer make an emergency call on the network using the mobile phone they had previously used.

Subsection 80(2) requires that the management plan be given to the ACMA at least 6 months before the proposed change unless subsection 80(3) applies.

Subsection 80(3) provides an exception to the 6 month timeframe if a carrier reasonably believes that a management plan cannot be provided 6 months prior to the change, and within 14 days of forming that belief, gives the ACMA a management plan and written reasons explaining why 6 months’ notice could not be given. This allows carriers some flexibility to give the ACMA a management plan less than 6 months before a change in order to address urgent matters such as network security issues. For example, a carrier might become aware of a network security issue that requires urgent rectification that would require compliance with section 80. In such a case it would not be reasonable to require a carrier to leave the network security issue unresolved for a period of six months because of the risk this would pose to network security and the potential impact on end-users of the services.

Subsection 80(4) requires that the management plan set out the steps the carrier will take to minimise any detrimental impacts on end-users of the proposed change to the carriage of emergency calls.

Subsection 80(5) requires carriers to implement the steps set out in the management plan and provide written updates to the ACMA about implementation of the plan.

Subsection 80(6) requires the updates to be provided to the ACMA every 45 days from the date the first management plan was given until the plan has been implemented in full or within a different timeframe if the ACMA specifies in writing a different time for updates to be given. The ACMA cannot specify a timeframe for updates that is less than 30 days.

Part 6

A new Part 6 has been inserted into the instrument. This Part sets out that there are disruption protocols to be followed during and after a major outage or a disruption to the emergency call service.

Section 81

Section 81 provides that the disruption protocols apply to:

1.    a carrier that detects a major outage affecting the delivery of emergency calls to the emergency call person for 000 and 112 or to the emergency call person for 106;
2.    a carriage service provider that becomes aware that there is a major outage affecting its ability to deliver emergency calls to the emergency call person for 000 and 112 or to the emergency call person for 106; and
3.    the emergency call person for 000 and 112 if there is a disruption to the emergency call service.

Subsection 81(2) requires a carrier and a carriage service provider to comply with the requirements set out in the Disruption Protocols that apply to them during and after a major outage that affects the delivery of emergency calls to the emergency call person for 000 and 112 or to the emergency call person for 106.

Subsection 81(3) requires the emergency call person for 000 and 112 to comply with the requirements set out in the Disruption Protocols that apply to them if there is a disruption to the emergency call service.

Schedule 1

The Disruption Protocols are set out or referred to in Schedule 1.

Part 1 of Schedule 1 contains the Protocols for carriers. Part 2 contains the protocols for carriage service providers and Part 3 contains the protocols for the emergency call person for 000 and 112.  

Attachment B

Statement of compatibility with human rights

Prepared by the Australian Communications and Media Authority (ACMA) under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011

Telecommunications (Emergency Call Service) Amendment Determination 2025 (No.1)

Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule-maker in relation to a legislative instrument to which section 42 (disallowance) of the Legislation Act 2003 applies to cause a statement of compatibility with human rights to be prepared in respect of that legislative instrument.

The statement of compatibility set out below has been prepared to meet that requirement.

Overview of the Amendment Determination

The Telecommunications (Emergency Call Service) Amendment Determination 2025 (No.1) (the Amendment Determination) has been made in accordance with subsection 147(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (the Act) and the Australian Communications and Media Authority (Emergency Call Service Determination) Direction 2024 (the Direction). The Direction was given to the ACMA by the Minister to improve the reliability of access to the emergency call service during network outages.  

The Amendment Determination amends the Telecommunications (Emergency Call Service) Determination 2019 (the ECS Determination) to impose new requirements on providers including carriers and carriage service providers (CSPs). The requirements articulate what is expected of providers in regard to ensuring emergency calls are delivered to the emergency call service by requiring providers to:

        wilt controlled facilities if they lose connectivity to core networks so that emergency calls can be carried by other available networks

        ensure that, during an outage, the provider’s network or controlled facilities do not impede emergency call camp on functionality

        test that emergency calls originating on their network can be delivered to the emergency call person for 000 and 112, including when using the emergency call camp on functionality

        configure networks to carry emergency calls originating on their network to the emergency call person for 000 and 112 regardless of the mobile phone used to initiate the call.

Additional obligations have been imposed on providers to:

        share real time network information about outages with relevant emergency service organisations and other appropriate entities

        report to the ACMA and the Department after a major outage, identifying in the report the outage’s causes, steps taken to resolve the outage, the impact on emergency calls, and a plan to avoid similar outages in future

        give the ACMA and other appropriate entities, a management plan that details the steps the provider will take to minimise detrimental impacts of proposed significant changes to their operations or networks that will impact the carriage of emergency calls

        comply with disruption protocols in the event of a major outage.

Human rights implications

The ACMA has assessed whether the Amendment Determination is compatible with human rights, being the rights and freedoms recognised or declared by the international instruments listed in subsection 3(1) of Human Rights (Parliamentary Scrutiny) Act 2011 as they apply to Australia.

Having considered the likely impact of the Amendment Determination and the nature of the applicable rights and freedoms, the ACMA has formed the view that the Amendment Determination may engage the following rights:

• The right to freedom of expression in Article 19(2) of the International Covenant on Civil and Political Rights (ICCPR), which states:

1.        Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

• The right to life under Article 6 of the ICCPR which includes obligations to promote life, including taking appropriate steps to protect the right to life of those within its jurisdiction. Article 6(1) of the ICCPR provides:

Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

• The right to accessibility for people with disabilities in Article 9 of the Convention on the Rights of Persons with Disabilities (CRPD).

1.        To enable persons with disabilities to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas. These measures, which shall include the identification and elimination of obstacles and barriers to accessibility, shall apply to, inter alia:

…

(b) Information, communications and other services, including electronic services and emergency services.

Right to freedom of expression

The ACMA considers the Amendment Determination is unlikely to be considered to limit the right to freedom of expression as it does not cause any undue or unreasonable limitation or interference with the right to freedom of expression.

Right to life

The United Nations Human Rights Committee notes the right to life should not be interpreted narrowly, and that it concerns the entitlement of individuals to be free from acts and omissions that are intended or may be expected to cause their unnatural or premature death, as well as to enjoy a life with dignity.

The Amendment Determination and the ECS Determination positively engage the right to life under Article 6 of the ICCPR as they aim to ensure that those persons can access appropriate and timely assistance in emergency situations. Emergency services are critical to all persons in Australia. In this regard, the Amendment Determination and the ECS Determination promote the right to life under Article 6 of the ICCPR.

Rights for persons with disabilities

The ECS Determination promotes the right to accessibility for people with a disability by providing equal access to the emergency call service. This is facilitated through giving people who are deaf, speech or hearing-impaired access to the emergency call service through a dedicated emergency number, 106.

The ECS Determination contains a number of provisions which ensure that emergency calls to the number 106 are handled in the same manner as emergency calls to the number 000 or 112. These measures ensure deaf and speech or hearing-impaired end-users can equally access the ECS. The Amendment Determination does not affect any of these provisions. Consequently, the existing measures to ensure deaf and speech or hearing-impaired end-users can equally access the emergency call service and emergency service organisations (police, fire, ambulance) remain in place.

Conclusion

The instrument is compatible with human rights. To the extent (if any) that it may limit any human rights, those impacts are reasonable, necessary and proportionate to meet the objectives of the Direction and the Act.