Explanatory Statement
Issued by the authority of the Minister for Communications
Telecommunications Act 1997
Telecommunications Service Provider (Network Outages Register) Determination 2025
Authority
The Telecommunications Service Provider (Network Outages Register) Determination 2025 (SPD) is made by the Minister for Communications (the Minister) under subsection 99(1A) of the Telecommunications Act 1997 (the Act).
Subsection 99(1A) of the Act enables the Minister to, by legislative instrument, make a determination, setting out rules that apply to carriage service providers in relation to the supply of specified carriage services.
Purpose and operation
The instrument introduces new obligations on carriage service providers, who are mobile carriers, to establish and publish a register of outages on their publicly available websites. The register must be maintained to ensure the information is accurate and up-to-date and information must be kept for a period of two years.
The instrument also introduces new obligations on carriage service providers, who are not mobile carriers, to include a link on their websites to the register of outages that is published by the mobile carrier that supplies the underlying network for their service.
This instrument is intended to be a practical, efficient initial step to improve transparency while longer term options are considered for publication of outage information.
This instrument is a legislative instrument for the purpose of the Legislation Act 2003 (the LA).
Details of the SPD are set out in Attachment A.
Background
Telecommunications has increasingly become a critical service, as Australians rely heavily on telecommunications services for many aspects of their daily life. Australia's telecommunications infrastructure enables health and safety, economic activity, education, and social connectivity. As access to services, including government services, become increasingly provided online, ensuring that all Australians have access to a reliable service has never been more important.
Of most importance is ensuring that Triple Zero is readily available for all people in Australia when they need it. As such, there is a need for greater transparency regarding network outages, noting in particular, the impact on Triple Zero.
Mobile networks face significant resilience challenges as communities, industry and governments rely on them as the dominant form of communication.
The obligations in this instrument are intended to ensure more information about mobile outages is made publicly available to provide consumers with transparency regarding network reliability.
The obligations in this instrument build on existing obligations under the Telecommunications (Customer Communications for Outages) Industry Standard 2024 (CCO Standard) including requirements for telecommunications providers to communicate certain information about relevant outages on their website.
Consultation
On behalf of the Minister, the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts consulted on the proposed instrument with the Australian Communications and Media Authority, the Australian Telecommunications Alliance and representatives of the telecommunications industry, the Australian Mobile Telecommunications Association, the Telecommunications Industry Ombudsman, the Australian Communications Consumer Action Network, the Australian Competition and Consumer Commission, and the NSW Telco Authority.
Impact Analysis
The Office of Impact Analysis has advised that an Impact Analysis is not required under the Australian Government's Policy Impact Analysis Framework (OIA25-10472).
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 to be prepared in respect of that legislative instrument. The statement of compatibility set out in Attachment B has been prepared to meet that requirement.
Attachment A
Details of the Telecommunications Service Provider (Network Outages Register) Determination
Section 1 – Name
This section provides that the name of the Determination is the Telecommunications Service Provider (Network Outages Register) Determination 2025.
Section 2 – Commencement
This section states that the instrument commences the day after it is registered on the Federal Register of Legislation.
Section 3 – Authority
This section states that the instrument is made under subsection 99(1A) of the Telecommunications Act 1997 (the Act).
Section 4 – Definitions
This section sets out definitions for key terms used in the instrument, including the Act, mobile carrier and outage.
Note 1 accompanying this section informs the reader that a number of expressions used in the instrument are defined in section 7 of the Act. The expressions are listed.
Note 2 accompanying this section informs the reader that a number of expressions used in the instrument are defined in section 5 of the CCO Standard. The expressions are listed.
Section 5 – Requirement to publish an outage register
Subsection 5(1) provides that a carriage service provider, who is a mobile carrier, must establish and publish on its publicly available website, a register, or registers, that contains information about outages that have affected the supply of a public mobile telecommunications services. This is known as the outage register throughout the remainder of the instrument.
Subsection 5(2) specifies the date that the outage register must be displayed from is 15 December 2025.
Subsection 5(3) specifies that information on the outage register must be kept for a period of two years from the date the outage was resolved.
Subsection 5(4) provides the information that the outage register must contain regarding each outage, insofar as it is known by the carriage service provider.
Paragraphs 5(4)(a)-(d) specifies the information as: the date the outage commenced; the duration of the outage; the geographical location of the outage; and the number of carriage services impacted by the outage. The criteria listed is the same type of information required to be published on carrier or carriage service provider’s websites under the CCO Standard.
Note 1 accompanying this section informs the reader that a determination may be made under section 99 of the Act setting out the rules relating to the format of the outage register.
Note 2 accompanying this section informs the reader that the instrument does not prohibit the publishing of additional information beyond what is required by the instrument or about other outages not specifically required to be published by this instrument.
Subsection 5(5) provides that the carriage service provider must maintain the outage register to ensure it contains accurate and up-to-date information about outages.
Paragraphs 5(5)(a)-(c) specify that carriage service providers must ensure that information included on the outage register is done as soon as practicable after the relevant outage was resolved; is as accurate as possible; and updated as soon as practicable after a material change occurs or further information becomes known. This is intended to ensure that the outage register includes the final information about the outage. It is not intended to be a dynamic register that is updated in real time during an outage like the obligations under the CCO Standard.
Subsection 5(6) provides that the outage register must be accessible in accordance with Web Content Accessibility Guidelines (WCAG) 2.2 Level AA or any replacement guidelines.
Subsection 5(7) provides that a carriage service provider, who is not a mobile carrier, but supplies a public mobile telecommunications service must ensure that it displays a link on its publicly available website to the outage register that is published by the mobile carrier that provides the underlying network for its service.
The note accompanying this section informs the reader that the requirement to establish, publish and maintain the outage register is in addition to, and not in substitution of the requirements that relate to outages under the CCO Standard.
Attachment B
Statement of Compatibility with Human Rights
Prepared in accordance with subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011
Telecommunications Service Provider (Network Outages Register) Determination 2025
Overview of the Legislative Instrument
The instrument introduces new obligations on carriage service providers, who are mobile carriers, to establish and publish a register of outages on their publicly available websites. The register must be maintained to ensure the information is accurate and up-to-date and information must be kept for a period of two years.
The instrument also introduces new obligations on carriage service providers, who are not mobile carriers, to include a link on their websites to the register of outages that is published by the mobile carrier that supplies the underlying network for their service.
The obligations in this instrument are intended to ensure more information about mobile outages is made publicly available to provide consumers with transparency regarding network reliability.
Human rights implications
The instrument does not directly engage any of the applicable rights or freedoms.
Conclusion
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.