Part 2—Requirements for carriers and carriage service providers
Division 2.1 General requirements
8 General requirements - carriers
A carrier must ensure that it has written arrangements in place for:
(a) dealing with emergency calls that the carrier may be required to carry; and
(b) doing everything reasonably necessary to ensure that carriage service providers using the carrier’s controlled networks or controlled facilities are able to comply with their obligations under this Determination.
9 General requirements - carriage service providers
A carriage service provider who supplies an emergency telephone service must have written arrangements in place that enable the provider to comply with the requirements imposed by this Determination in relation to emergency calls made using the service.
Examples:
(a) Procedures that enable calls made to an emergency service number to be delivered to an emergency call service in accordance with this Determination.
(b) Arrangements ensuring that calls made using a telecommunications device for the deaf to the emergency service number 106 are delivered to the relevant emergency call person.
(c) Agreements with any other carrier or carriage service provider whose carriage service, controlled network or controlled facility is required for the delivery of emergency calls in accordance with this Determination.
(d) Arrangements to ensure that calls made using a satellite service, other than an exempt satellite service, are delivered to the relevant emergency call person.
10 Requirement for carriers and carriage service providers — access for carriage service provider
(1) In this section, provider 1 is a carriage service provider who supplies an emergency telephone service.
(2) A carrier must provide provider 1 with access to controlled carriage services, controlled networks and controlled facilities:
(a) to the extent necessary to enable provider 1 to comply with this Determination; and
(b) to the extent that the carrier controls them, or has reasonable access to them.
(3) A carriage service provider (provider 2) must provide provider 1 with access to controlled carriage services, controlled networks and controlled facilities:
(a) to the extent necessary to enable provider 1 to comply with this Determination; and
(b) to the extent that provider 2 controls them, or has reasonable access to them.
11 Networks
(1) Carriers and carriage service providers must maintain, as far as practicable, the proper and effective functioning of their controlled networks and their controlled facilities that are used for the carriage of emergency calls to the emergency call service.
(2) Carriers and carriage service providers must:
(a) ensure that their controlled networks which are used for the carriage of emergency calls to the emergency call service have diversity and redundancy; or
(b) have written arrangements in place with other carriers or carriage service providers to carry emergency calls made using their controlled networks or controlled facilities in circumstances where the first mentioned carrier or carriage service providers’ controlled network or controlled facility is unable to carry the calls.
(3) Nothing in subsection (2) is intended to limit subsection (1).
Division Division 2.2 - Telecommunications (Emergency Call Service) Determination 2019 - Access to emergency call services and carriage of emergency calls | Zoe
Division 2.2 Access to emergency call services and carriage of emergency calls
Subdivision A Giving end-users access to the emergency call service
12 Application of subdivision
(1) This subdivision does not apply to a carriage service provider if the provider is prohibited or prevented from giving an end‑user access to an emergency call service because of something required by, or authorised under, a Commonwealth, State or Territory law.
Note: Example: Things required by, or authorised under, a Commonwealth, State or Territory law include:
(a) A carrier or carriage service provider has acted, in good faith, under subsection 313(1) of the Telecommunications Act 1997 to prevent its networks or facilities from being used in, or in relation to, the commission of offences against the laws of the Commonwealth or a State or Territory.
(b) A carriage service provider has received a request from a police force or service under section 315 of the Telecommunications Act 1997 to suspend the service.
(c) A carrier or carriage service provider that manages a telecommunications network or facility has disconnected customer equipment or customer cabling from that network or facility under subsection 447(1) of the Telecommunications Act 1997 because of its honest belief that the equipment or cabling was, or was likely to be, a threat to the integrity of the network or facility.
(2) This subdivision does not apply if:
(a) a matter beyond the control of the carriage service provider materially and adversely affects the provider’s technical ability to give an end-user access to the emergency call service; or
(b) the emergency telephone service used to make the emergency call is an exempt satellite service.
Note: Matters beyond the control of a carriage service provider which may materially and adversely affect a provider’s technical ability to give an end‑user access to an emergency call service include:
(a) Failure of customer equipment or network equipment at the premises of the customer for that service because of a mains power outage, interference with or misuse of customer equipment or network equipment by end‑users, or wear and tear.
(b) Failure of in‑building wiring because of physical damage at the customer’s premises.
(c) Failure of an access line because of damage or interference caused by a third party or by environmental factors.
(d) Failure due to access to an emergency call service being barred on the customer equipment by the customer.
(e) Failure of a controlled network or controlled facility because of a denial of service attack where reasonable measures have been taken to minimise the impact of such an attack.
13 Requirements when supplying an exempt satellite service
Before a carriage service provider first supplies an exempt satellite service to a customer, the provider must notify the customer in writing that the service cannot be used to make an emergency call.
14 Carriage service provider must ensure controlled networks and controlled facilities give access to end-users
A carriage service provider must ensure that its controlled networks and controlled facilities give an end‑user access to emergency call services whether or not a number is currently issued to the end‑user in relation to a service.
Note: The provider is subject to the requirement even if a relevant controlled network or controlled facility is owned or operated by a carrier. A carrier must be prepared to assist a provider to comply with this requirement — see section 8.
15 Requirement if end-user uses emergency service number 000 or 112 – emergency telephone service
(1) If:
(a) a carriage service provider supplies an emergency telephone service; and
(b) an end user makes an emergency call on the service using the emergency service number 000,
the carriage service provider must give the end user access to the emergency call service operated by the emergency call person for 000 and 112.
(2) If an end-user uses the emergency service number 112 on a public mobile telecommunications service, the carriage service provider who supplies the service must give the end-user access to the emergency call service operated by the emergency call person for 000 and 112.
16 Requirement if end‑user uses emergency service number 112 — satellite service
(1) This section applies if:
(a) an end‑user uses the emergency service number 112 on a satellite service; and
(b) the customer equipment used to supply the satellite service is capable of being used to access a public mobile telecommunications service.
(2) The carriage service provider supplying the satellite service must give the end‑user access to the emergency call service operated by the emergency call person for 000 and 112.
17 Requirement if end‑user uses emergency service number 106 — standard telephone service
If an end‑user uses the emergency service number 106 on a carriage service that is a standard telephone service as described in subparagraph 6(1)(b)(ii) of the Act, the carriage service provider must give the end‑user access to the emergency call service operated by the emergency call person for 106.
Note 1: Calls can be made to the emergency call service operated by the emergency call person for 106 in a way that includes a text component. Technology currently available for making calls with a text component includes:
(a) teletypewriters (TTY); and
(b) a telecommunications device for the deaf.
Note 2: Other technology may, in time, become available as a form of standard telephone service within the meaning of the Act and this Determination. This Determination will apply to that technology.
18 Requirement if end‑user uses emergency service number 106 — satellite service
(1) This section applies if an end-user uses the emergency service number 106 on a satellite service that is technically capable of carrying a call using that emergency service number.
(2) The carriage service provider supplying the service must give the end‑user access to the emergency call service operated by the emergency call person for 106.
Subdivision B Carriage of emergency calls
19 Carriage service provider and carrier must ensure an emergency call is carried to the relevant termination point
(1) Subject to subsection (3), a carriage service provider who supplies an emergency telephone service other than an exempt satellite service must ensure that an emergency call made using the service is carried to the relevant termination point for the call:
(a) on the provider’s telecommunications network; or
(b) if the provider’s telecommunications network does not allow direct delivery to the relevant termination point for the call— by another telecommunications network.
(2) Subject to subsections (3) and (4), a carrier must ensure that its controlled networks and controlled facilities are configured to carry an emergency call on its network to the relevant termination point for the call.
(3) Subsections (1) and (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.
Note: An example of a matter that may be beyond the carrier’s control includes a failure of a controlled network or controlled facility because of non-genuine emergency registrations on a mobile network where reasonable measures have been taken to minimise the impact of such registrations. Other examples of matters that may be beyond the provider’s control are described in the note to subsection 12(2).
(4) Subsection (2) does not apply if the emergency call is made from a mobile phone that is not configured to be able to access the emergency call service.
20 Carriage service provider must ensure an emergency call is carried to an emergency service organisation
(1) Subject to subsection (2), a carriage service provider who supplies a carriage service to an emergency service organisation (ESO service provider) must ensure that an emergency call transferred to the organisation by a call taker is carried from the relevant transfer point to the ESO answering point:
(a) on the ESO service provider’s telecommunications network; or
(b) if the ESO service provider’s telecommunications network does not allow direct delivery to the emergency service organisation— by another telecommunications network.
(2) Subsection (1) does not apply if a matter beyond the control of the ESO service provider materially and adversely affects the provider’s technical ability to carry the emergency call to the ESO answering point.
Note: Examples of matters that may be beyond the provider’s control are described in the note to subsection 12(2).
(3) In this section:
ESO answering point means the point in the network of the ESO service provider at which an emergency service organisation is able to answer an emergency call transferred to the organisation.
relevant transfer point means:
for a call to the emergency service number 000 or 112, the point in the network of the emergency call person for 000 and 112 reasonably specified by that person as the point from which a call transferred to an emergency service organisation by a call-taker must be carried by the ESO service provider; and
for a call to the emergency service number 106, the point in the network of the emergency call person for 106 reasonably specified by that person as the point from which a call transferred to an emergency service organisation by a call-taker must be carried by the ESO service provider.
21 Requirement to transfer calls with the highest priority
(1) This section applies if an end‑user makes an emergency call using the emergency service number 000 or 112.
(2) The carriage service provider who carries the call must, if the call is carried within its network, ensure that the call is transferred to the relevant termination point with the highest priority.
Division 2.3 Call and other information requirements
22 Application of Division
This Division applies to:
(a) a carrier who owns or operates a controlled network or a controlled facility used to carry an emergency call; and
(b) a carriage service provider who supplies an emergency telephone service.
Subdivision A Giving call information
23 Information provided automatically with an emergency call – carriers and carriage service providers
This section applies where an emergency call is made to the emergency service number 000, 112 or 106.
Subject to subsection (3):
(a) a carrier must, as far as practicable, ensure that the controlled network or controlled facility used to carry the call will, at the time the call is made, automatically carry information about the public number from which the call is made to the relevant termination point; and
(b) a carriage service provider must, as far as practicable, ensure that the emergency telephone service used to make the call will, at the time the call is made, automatically transfer information about the public number from which the call is made to the relevant termination point.
(3) Subsection (2) does not apply if:
(a) the end‑user has made the call using the emergency service number 000 or 112 on a public mobile telecommunications service; and
(b) the carrier or carriage service provider is unable to identify the public number from which the call is made.
(4) The carrier or carriage service provider must also ensure that the controlled network or controlled facility, or the emergency telephone service, automatically carries the most precise location information available at the time the call is made, to the relevant termination point.
24 Additional information after emergency calls are transferred – carriage service provider
(1) This section applies if an emergency service organisation asks a carriage service provider to give it information about an emergency call that has been transferred to the organisation.
(2) The carriage service provider must give the organisation as much of the requested information as possible, as soon as practicable after the request is received.
Note: Part 13 of the Telecommunications Act 1997 imposes requirements on carriage service providers, carriers and emergency call persons to protect the confidentiality of certain information. Those requirements are subject to a number of exceptions on the use or disclosure of specified information or documents, including section 286 of that Act which relates to calls to an emergency service number.
25 Additional information after emergency calls are transferred - carrier
(1) If an emergency service organisation asks a carrier to provide information about the location of an emergency call:
(a) that originated from customer equipment connected to the carrier’s controlled network or controlled facility at the time the emergency call was made;
(b) that has been transferred to the emergency service organisation; and
(c) where the emergency service organisation is unable to identify the location of the caller,
the carrier must give the emergency service organisation the most precise location information available about the location of the customer equipment from which the emergency call originated, as soon as practicable after the request is received.
Note: Circumstances in which the most precise location information may not be available to a carrier include instances where the customer equipment used to make the call does not provide a unique customer identifying number.
(2) If:
(a) an emergency service organisation asks a carrier to give it information about an emergency call that has been transferred to the organisation; and
(b) the emergency call did not originate from customer equipment connected to the carrier’s controlled network or controlled facility,
the carrier must notify the emergency service organisation immediately and take all reasonable steps to assist the emergency service organisation in identifying the owner or operator of the controlled network or controlled facility to which the customer equipment, from which the emergency call originated, was connected.
(3) A carrier must ensure that:
(a) emergency service organisations are able to request information from the carrier about emergency calls transferred to the organisation, at all times;
(b) emergency service organisations are provided with a designated contact and telephone number to which requests for information can be made, or a specified process to be followed when such requests are made; and
(c) all requests received are processed without delay.
Subdivision B Other information
26 Information identifying carriage service providers
(1) A carriage service provider must ensure that:
(a) the emergency call person for 000 and 112 is informed of the provider’s correct contact details including business address, contact telephone numbers and email address;
(b) a person is always available to answer at least one telephone number provided under paragraph (a); and
(c) a person is available to respond to email requests sent to the address provided under paragraph (a) at all times.
(2) If a carriage service provider’s contact details provided in accordance with subsection (1) change, the provider must:
(a) provide updated contact details to the emergency call person for 000 and 112 by the end of the next business day after the change occurs; and
(b) ensure that the previous contact details of the carriage service provider remain active at least until the updated contact details have been provided to the emergency call person.
(3) If the emergency call person for 000 and 112 or the emergency call person for 106 contacts a carriage service provider on the contact details provided under this section on a matter relating to the emergency call service, the provider must respond immediately to the contact made by the emergency call person.
Note: Section 54 requires the emergency call person for 000 and 112 to share information that is provided to it under this section with the emergency call person for 106.
Division 2.4 Welfare checks and cooperation
28 Welfare checks – major outages
(1) A carriage service provider must, as soon as practicable after:
(a) becoming aware of a major outage that adversely affects a controlled network or controlled facility that the provider owns or operates; or
(b) being notified of a major outage under section 8 of the Telecommunications (Customer Communications for Outages) Industry Standard 2024,
undertake, or arrange to be undertaken, a welfare check on an end-user who made an unsuccessful emergency call during the outage using an emergency telephone service supplied by the carriage service provider.
Note: The Telecommunications (Customer Communications for Outages) Industry Standard 2024 may be accessed free of charge from the Federal Register of Legislation.
(2) Subsection (1) does not apply where:
(a) the carriage service provider cannot identify that the end-user has made the unsuccessful emergency call;
(b) the carriage service provider is satisfied that the end-user subsequently made a successful emergency call; or
(c) the end-user made the 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.
29 Cooperation in event of disruption to emergency call service
If there is a disruption to the emergency call service, carriers and carriage service providers must cooperate as far as practicable with the emergency call person for 000 and 112 and the emergency call person for 106 to:
(a) enable end-users to access the emergency call service; and
(b) enable an emergency call person to answer and handle an emergency call.
Division 2.5 Minimisation of calls that are not emergency calls
30 Certain calls with additional digits
(1) This section applies if an end‑user:
(a) uses an emergency telephone service;
(b) dials or presses the digits of an emergency service number, in order; and
(c) then dials or presses at least 1 more digit.
(2) A carriage service provider supplying the emergency telephone service may transfer the call to the announcement for number check.
31 Minimisation requirement — carriers and carriage service providers
(1) A carrier who owns or operates a controlled network or controlled facility used to carry emergency calls, must:
(a) as far as practicable, take the steps specified in subsection (3) to stop or minimise the number of non-genuine calls carried using its networks or facilities which are received by the emergency call person for 000 and 112; and
(b) take any additional steps that the ACMA directs in writing should be taken for this section.
(2) A carriage service provider who supplies an emergency telephone service must:
(a) as far as practicable, take the steps specified in subsection (3) to stop or minimise the number of non-genuine calls made using the service which are received by the emergency call person for 000 and 112; and
(b) take any additional steps that the ACMA directs in writing should be taken for this section.
(3) The steps are to:
(a) monitor the number of calls made to the emergency service numbers 000 and 112, 24 hours per day, 7 days per week to identify high volumes of non-genuine calls to the emergency call service that are likely to cause a disruption to the emergency call service;
(b) document and implement a process between the emergency call person, carriers and carriage service providers to stop non-genuine calls of the type referred to in paragraph (a);
(c) cooperate with the emergency call person and emergency service organisations to identify the source of non-genuine calls that are not likely to cause a disruption to the emergency call service; and
(d) document and implement a process between the emergency call person, carriers and carriage service providers to minimise non-genuine calls of the type referred to in paragraph (c).
(4) Before giving a direction under paragraph 1(b) or 2(b), the ACMA must:
(a) consult with the carrier or carriage service provider concerned; and
(b) have regard to any submissions made by the carrier or carriage service provider.
(5) A carrier or carriage service provider who is given a direction under this section may ask the ACMA to reconsider the decision (reconsideration request).
(6) A reconsideration request must:
(a) be in writing;
(b) be given to the ACMA within 14 days of the day on which the carrier or carriage service provider received the direction; and
(c) include reasons for the request.
(7) Upon receiving a reconsideration request the ACMA must, within 28 days:
(a) reconsider the decision; and
(b) affirm, vary or revoke the direction.
(8) The ACMA must give written notice of its decision under subsection (7) and if the decision is to affirm or vary the primary decision, the notice must include:
(a) the reasons for its decision;
(b) a statement to the effect that if the carrier or carriage service provider affected by the decision is dissatisfied with the decision so affirmed or varied, the carrier or carriage service provider may, subject to the Administrative Review Tribunal Act 2024, apply to the Administrative Review Tribunal for review of the decision; and
(c) a statement to the effect that the carrier or carriage service provider may request a statement under section 268 of that Act in relation to the decision so affirmed or varied.
(9) The carrier or carriage service provider concerned may apply to the Administrative Review Tribunal to review a decision of a kind referred to in subsection (5) if the ACMA has affirmed or varied the decision under subsection (7).
31A Emergency registrations — carriers and carriage service providers
(1) 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.
Division 2.6 Charging
32 Application of Division
This Division applies to a carriage service provider who supplies an emergency telephone service.
33 Free access by end‑users
A carriage service provider must give each end‑user of the service access to emergency call services free of charge.
34 Charging emergency service organisations
(1) Subject to subsection (2), a carriage service provider must not charge an emergency service organisation, or arrange for an emergency service organisation to be charged, directly or indirectly, for any of the following services:
(a) a carriage service used to connect calls using an emergency service number;
(b) a carriage service used to transfer such calls to an emergency service organisation; or
(c) a carriage service used to give information in relation to such calls to an emergency service organisation.
(2) However, the provider may charge an emergency service organisation, or arrange for it to be charged, for a service mentioned in subsection (1) if:
(a) the emergency service organisation agrees with the provider for the service to be supplied at a level significantly higher than the level of service provided to most emergency service organisations; and
(b) the provider’s charge for the service relates only to the higher level of service.
Note: Examples: Methods used to provide significantly higher levels of service include:
(a) network based queueing facilities;
(b) capabilities for multiple site call splaying and overflow; and
(c) redundancy lines.
35 Charging emergency call persons
A carriage service provider must not charge, or arrange to charge, the emergency call person for 000 and 112 or the emergency call person for 106, directly or indirectly, for any of the following services:
(a) a carriage service used to connect calls using an emergency service number;
(b) a carriage service used to transfer such calls to an emergency service organisation; or
(c) a carriage service used to give information in relation to such calls to an emergency service organisation.