Telecommunications (Emergency Call Service) Determination 2002

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Telecommunications (Emergency Call Service) Determination 2002

as amended

made under subsection 147 (1) of the

Telecommunications (Consumer Protection and Service Standards) Act 1999

This compilation was prepared on 17 March 2004
taking into account amendments up to Telecommunications (Emergency Call Service) Amendment Determination 2004 (No. 1)

Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra

Contents

Chapter 1       Introductory

       1 Name of Determination [see Note 1] 5

       2 Commencement [see Note 1] 5

       3 Revocation of Telecommunications (Emergency Call Service) Determination 1999 5

       4 Definitions -- the dictionary etc 5

       5 Notes 5

       6 Purpose of Determination 5

Chapter 2       General obligations for emergency call services

       7 Obligations of carriers 8

       8 Obligations of carriage service providers 8

       9 Obligations of emergency call persons 9

Chapter 3       Arrangements for emergency calls

Part 1       Structure of emergency call services

       10 Access to emergency call services 10

       11 Barred access 11

       12 Receiving emergency calls 11

       13 Appearance of emergency call services 12

       14 Common system 12

Part 2       Carriers and carriage service providers

       15 Carriage service providers to have access to carriers and other providers 14

Chapter 4       Handling emergency calls

       16 General obligations for handling emergency calls 15

       17 Carrying emergency calls to answering points: fixed local service 15

       18 Carrying emergency calls to answering points: public mobile telecommunications services 16

       19 Carriage service providers' speed, efficiency and reliability for numbers 000 and 112 16

       20 Emergency call person's speed, efficiency and reliability for numbers 000 and 112 17

       21 Emergency call person's speed, efficiency and reliability for number 106 17

Chapter 5       Call information

Part 1       Making information available for emergency call persons

       22 Purpose of Part 1 19

       23 Information identifying standard emergency telephone service: residential customer with single line service 19

       24 Information identifying standard emergency telephone service: fixed local service 20

       25 Access by the emergency call person for 000 and 112 to IPND 21

       26 Format for information identifying standard emergency telephone service 21

Part 2       Information agreement

       27 Agreement between emergency call persons 22

       28 Inability to make information agreement 23

       29 Compliance with information agreement 23

Part 3       Giving call information

       30 Information identifying calling numbers 24

       31 Speed, efficiency and reliability when giving call information 24

       32 Using common system 25

       33 Information identifying carriage service providers 25

       34 Information about emergency calls 25

       35 Additional information after transferring emergency calls 25

Chapter 6       Charging for emergency calls

       36 Free access by end-users 27

       37 Charging emergency service organisations (carriage service providers) 27

       38 Charging emergency call persons (carriage service providers) 27

       39 Charging emergency service organisations (emergency call persons) 28

       40 Charging for using common information systems (emergency call persons) 28

Chapter 7       Deficiencies in emergency call services

Part 1       Carriage service providers

       41 Requests for information 29

Part 2       Emergency call persons

       42 Requests for information 30

Chapter 8       Records

Part 1       Keeping records

       43 Emergency call persons 31

       44 Carriage service providers 32

Part 2       Carriage service providers unable to keep or produce records

       45 Inability to keep or produce records 33

Dictionary       34

Notes        38

Chapter 1       Introductory

1       Name of Determination [see Note 1]

        This Determination is the Telecommunications (Emergency Call Service) Determination 2002.

2       Commencement [see Note 1]

        This Determination commences on gazettal.

3       Revocation of Telecommunications (Emergency Call Service) Determination 1999

        Telecommunications (Emergency Call Service) Determination 1999 is revoked.

4       Definitions -- the dictionary etc

       (1) The dictionary at the end of this Determination defines certain words and expressions, and includes references to certain words and expressions that are defined elsewhere in this Determination (signpost definitions).

Example of signpost definition

The signpost definition `information agreement see subsection 27 (1)' means that the expression information agreement is defined in subsection 27 (1).

Note   The dictionary includes a signpost definition for a word or expression only if the word or expression is used in more than 1 section.

       (2) The dictionary is part of this Determination.

       (3) A definition in this Determination applies to each use of the word or expression in this Determination, unless the contrary intention appears.

5       Notes

        A note in this Determination is an explanatory note, and does not form part of this Determination.

6       Purpose of Determination

       (1) This Determination sets out arrangements affecting:

       (a) carriers; and

       (b) carriage service providers who supply standard emergency telephone services; and

       (c) emergency call persons.

Note 1   Some carriage service providers only offer services that are unlikely to be used for emergency calls, such as long-distance or international services. This Determination does not impose obligations on those carriage service providers.

Note 2   The arrangements set out in this Determination affect Telstra in the capacity of current manager of the Integrated Public Number Database, and also affect carriage service providers in relation to their obligations related to the Integrated Public Number Database.

       (2) This Determination also sets out arrangements requiring emergency call persons:

       (a) to answer and handle emergency calls in an appropriate way; and

       (b) to make an agreement about giving call information to other emergency call persons; and

       (c) to use any shared information system that may be developed to give call information to emergency call persons.

Note   Call information includes information about the location of a service from which an emergency call is made, and the number of the service.

       (3) This Determination also sets out arrangements requiring other persons to help carriage service providers and recognised persons who operate emergency call services to comply with this Determination.

Note:   Information about this Determination

Background

Subsection 147 (1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 states that the ACA must make a written determination imposing requirements on any or all of the following:

•       carriers

•       carriage service providers

•       emergency call persons

in relation to emergency call services.

In making the determination, the ACA must have regard to the objectives mentioned in subsection 147 (2). However, the specified objectives do not, by implication, limit the matters to which the ACA may have regard.

Under section 148 of the Act, a person on whom a requirement is imposed by the determination must comply with the determination.

Emergency call service arrangements

This Determination replaces the previous arrangements for emergency call services, made by the Telecommunications (Emergency Call Service) Determination 1999 (the 1999 Determination).

The Determination that preceded the 1999 Determination placed obligations on Telstra as a recognised person operating an emergency call service. It also placed obligations on carriage service providers for carrying calls made to Telstra's emergency call service, and for giving information to the emergency call service.

The 1999 Determination continued the previous arrangements, with some alterations, and included arrangements for emergency call services that could be provided through the National Relay Service. The National Relay Service is described in section 95 of the Act, and is designed to provide access to a standard telephone service for people who are deaf, or who have a hearing and/or speech impairment.

Recognised persons operate emergency call services (see section 19 of the Telecommunications Act 1997). They were recognised in the Telecommunications (Emergency Call Persons) Determination 1999 which commenced on 1 March 2000.

Telstra is currently the recognised person who operates an emergency call service for the emergency service numbers 000 and 112. The provider of the National Relay Service is currently the recognised person who operates an emergency call service for the emergency service number 106. The provider of the National Relay Service is Australian Communication Exchange Limited.

The Telecommunications Numbering Plan 1997 defines 000 as the primary emergency service number, and 106 and 112 as secondary emergency service numbers. There are no other emergency service numbers.

The Telecommunications (Emergency Call Service) Determination 2002 continues the arrangements made by the 1999 Determination, with some alterations. References to `Telstra' have been replaced by references to `the emergency call person for 000 and 112' and references to `the NRS Provider' have been replaced with references to `the emergency call person for 106' in the new Determination, even though `the emergency call person for 000 and 112' is still Telstra and `the emergency call person for 106' is still Australian Communication Exchange Limited.

Chapter 2       General obligations for emergency call services

7       Obligations of carriers

        A carrier must ensure that it has arrangements in place for:

       (a) dealing with emergency calls that the carrier may be required to carry; and

       (b) doing everything necessary to ensure that carriage service providers using the carrier's network units or controlled facilities are able to comply with their obligations under this Determination.

Examples

1   Ensuring that calls to all emergency service numbers are carried within the carrier's network and across any interconnection points with other networks.

2   Undertaking network conditioning and interconnection arrangements needed to facilitate calls using the emergency service number 106.

8       Obligations of carriage service providers

       (1) This section applies to a carriage service provider who supplies a standard emergency telephone service.

       (2) The provider must not supply the service if the provider has no arrangements, in writing, for dealing with emergency calls using the service.

Examples of arrangements

1   Procedures that enable calls made to any emergency call service to be delivered in accordance with this Determination.

2   Special procedures, to be followed where applicable, ensuring that emergency calls using public mobile telecommunications services are delivered to the relevant emergency call person.

3   Arrangements ensuring that calls with a text component made to the emergency service number 106 are delivered to the relevant emergency call person.

4   Agreements with any other carrier or carriage service provider whose carriage service, network unit or controlled facility is required for the delivery of emergency calls in accordance with this Determination.

       (3) The provider must not supply the service if:

       (a) the provider has arrangements, in writing, for dealing with emergency calls using the service; and

       (b) the arrangements do not comply with this Determination.

       (4) The provider must take reasonable steps to ensure that information about the lessees of the standard emergency telephone service is available to emergency call persons.

9       Obligations of emergency call persons

       (1) An emergency call person must give to other emergency call persons assistance that is reasonably necessary for the purpose of providing access to emergency call services, including:

       (a) receiving and handling emergency calls made by end-users to a relevant emergency service number; and

       (b) if appropriate -- transferring emergency calls to an appropriate emergency service organisation; and

       (c) if appropriate -- giving information in relation to emergency calls to an appropriate emergency service organisation.

       (2) An emergency call person must also tell the ACA, in writing, as soon as practicable, about any significant change to the way that the emergency call service operates.

Examples of significant changes

1   A change in the physical location of the emergency call centre.

2   An intention to change to a new system.

       (3) If it is practicable for the emergency call person to tell the ACA about a significant change before the change happens, the emergency call person must tell the ACA at the earliest practicable opportunity before it happens.

       (4) An emergency call person must receive, answer and process Caller No Response Calls in accordance with the Emergency Caller No Response Guidelines 2002 as in force from time to time.

Note   A Caller No Response Call is usually a call made by a person who does not speak to the person answering the call at all, either because the caller is unable to speak at the time or because the call is not a genuine emergency call.

Chapter 3       Arrangements for emergency calls

Part 1       Structure of emergency call services

10       Access to emergency call services

       (1) This section applies to a carriage service provider who supplies a standard emergency telephone service.

       (2) The provider must give an end-user of the service access to the emergency call service operated by the emergency call person for 000 and 112 if the end-user uses the primary emergency service number 000.

       (3) The provider must give the end-user access to the emergency call service operated by the emergency call person for 000 and 112 if the end-user uses the emergency service number 112 on a public mobile telecommunications service that uses GSM technology.

Note   GSM technology is based on the European Telecommunications Standards Institute Set of Global System for Mobile (GSM) standards. In Australia, GSM mobile station requirements are explained in ACA Technical Standard 018, Digital Cellular Mobile Telecommunications System -- GSM Mobile Station.

       (4) The provider may give the end-user access to the emergency call service operated by the emergency call person for 000 and 112 if the end-user uses the emergency service number 112 on a public mobile telecommunications service except a mobile carriage service using GSM technology.

Note   If the provider does not intend to give the end-user access, the ACA recommends that the provider supplies a recorded message to the effect that the appropriate emergency service number is 000.

       (5) The provider must give the end-user access to the emergency call service operated by the emergency call person for 106 if the end-user uses the emergency service number 106 on a carriage service that is a standard telephone service for subparagraph 6 (1) (b) (ii) of the Act.

Note   Calls can be made to the emergency service number 106 in a way that includes a text component. Technology currently available for making calls with a text component, includes:

•       teletypewriters (TTY)

•       equipment incorporating a modem

•       data transmission over a public mobile telecommunications service.

Other technology may, in time, become available as a form of standard telephone service within the meaning of the Act and this Determination. The Determination will apply to that technology.

       (6) The controlled network and controlled facilities of a carrier or a carriage service provider must, if technically feasible, make available access to emergency call services whether or not a number is currently issued to an end-user in relation to the service.

11       Barred access

       (1) This section applies if:

       (a) a bar has been applied to a standard emergency telephone service at the request of the lessee of the service, or the lessee's agent; and

       (b) an end-user is prevented from having access to the emergency call service because of the bar.

       (2) The carriage service provider who supplies the standard emergency telephone service is not required to carry an emergency call from the service.

       (3) However, the provider must:

       (a) tell the lessee or agent, in writing, that end-users of the service will not have access to an emergency call service; and

       (b) ask the lessee or agent to acknowledge, in writing, that end-users of the service will not have access.

Note   See section 44 for the provider's record-keeping obligations.

12       Receiving emergency calls

       (1) The emergency call person for 000 and 112, and the emergency call person for 106, must ensure that each emergency call received by the emergency call person is received and appropriately handled.

       (2) The emergency call person receiving the call must, when requested, transfer the call to the appropriate emergency service organisation.

       (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.

       (3) If the call is a Caller No Response Call, the person receiving the call is taken to have complied with this section if the person has followed the procedure set out in clause 2 of the Emergency Caller No Response Guidelines 2002, as in force from time to time.

Note 1   An emergency call person cannot transfer the call if the call terminates while the person is handling it, or the call has been made by misdialling.

Note 2   The definition of emergency call service in section 7 of the Telecommunications Act 1997 explains the meaning of transferring an emergency call, which includes giving information in relation to the emergency call for purposes connected with dealing with the matter or matters raised by the call. This would include a relay service in which the recognised person relays information between a text telephony user and an emergency service organisation.

13       Appearance of emergency call services

       (1) A carriage service provider to whom section 10 applies must carry emergency calls in a way that would give an end-user of a standard emergency telephone service the appearance of a national emergency call system.

       (2) The emergency call person for 000 and 112, and the emergency call person for 106, must, as far as practicable, operate their emergency call services in a way that would give an end-user of a standard emergency telephone service the appearance of a national emergency call system.

14       Common system

       (1) All carriage service providers, the emergency call person for 000 and 112, and the emergency call person for 106, must, as far as practicable, use a common system for transferring emergency calls to an emergency service organisation.

       (2) Before making any significant changes to a common system after the commencement of this Determination, the emergency call persons must:

       (a) agree to the proposed changes; and

       (b) agree on a change management process that requires any changes or proposed changes to the common system to be recorded in writing; and

       (c) consult the emergency service organisations to which their emergency calls are transferred about the proposed changes; and

       (d) make any changes to the common system in accordance with the change management process; and

       (e) give the ACA written notice of any changes made to the common system as soon as practicable.

Part 2       Carriers and carriage service providers

15       Carriage service providers to have access to carriers and other providers

       (1) In this section, provider 1 is a carriage service provider who supplies a standard emergency telephone service.

       (2) A carrier must provide provider 1 with access to the items mentioned in subsection (4):

       (a) to the extent necessary to allow provider 1 to comply with this Determination; and

       (b) to the extent that the carrier controls the items, or has reasonable access to the items.

       (3) A carriage service provider (provider 2) must provide provider 1 with access to the items mentioned in subsection (4):

       (a) to the extent necessary to allow provider 1 to comply with this Determination; and

       (b) to the extent that provider 2 controls the items, or has reasonable access to the items; and

       (c) whether or not provider 2 supplies a standard emergency telephone service mentioned in subsection (1).

       (4) The items are:

       (a) controlled carriage services; and

       (b) controlled networks; and

       (c) controlled facilities.

Note   Section 149 of the Act deals with aspects of giving access to carriage service providers. The section also sets out arbitration provisions for disputes about access to controlled carriage services, controlled networks and controlled facilities.

Chapter 4       Handling emergency calls

16       General obligations for handling emergency calls

       (1) This section applies to a standard emergency telephone service.

       (2) If the end-user of the service makes an emergency call that a carriage service provider is required to supply under this Determination:

       (a) the carriage service provider who supplies the service must ensure that the call is carried in accordance with section 17 or 18; and

       (b) for the emergency service numbers 000 and 112 -- the carriage service provider who supplies the service must ensure that the call is transferred to the emergency call person for 000 and 112 in accordance with section 19; and

       (c) for the emergency service numbers 000 and 112 -- the emergency call person for 000 and 112 must receive and handle it in accordance with section 20; and

       (d) for the emergency service number 106 -- the emergency call person receiving the call must receive and handle it in accordance with section 21.

Note   A carriage service provider is not required to give an end-user access to the emergency call service operated by the emergency call person for 000 and 112 if the end-user uses the emergency service number 112 on a mobile carriage service except a mobile carriage service using GSM technology: see subsection 10 (4).

17       Carrying emergency calls to answering points: fixed local service

       (1) A carriage service provider who supplies a fixed local service must ensure that an emergency call using the service is carried to a point, in the State or Territory in which the call originated, determined in accordance with subsection (2) or (3).

       (2) For an emergency call using the emergency service number 000, the point is a point reasonably specified by the emergency call person for 000 and 112.

       (3) For an emergency call using the emergency service number 106, the point is a point reasonably specified by the emergency call person for 106.

Note   At the commencement of this Determination, the emergency call person for 106 was Australian Communication Exchange Limited.

       (4) However, if the provider's network does not allow direct delivery of the call to the point, or to another point where it can be answered by the relevant emergency call person, the provider must ensure that the call is delivered to the point by another network.

Note   The arrangements made by the carriage service provider to ensure the call is delivered to the point by another network must be included in the arrangements mentioned in section 8.

18       Carrying emergency calls to answering points: public mobile telecommunications services

       (1) A carriage service provider who supplies a public mobile telecommunications service by means of a public land mobile network must ensure that an emergency call using that service is carried to a point determined in accordance with subsection (2) or (3).

       (2) For an emergency call using the emergency service number 000 or 112, the point is a point reasonably specified by the emergency call person for 000 and 112.

       (3) For an emergency call using the emergency service number 106, the point is a point reasonably specified by the emergency call person for 106.

Note   At the commencement of this Determination, the emergency call person for 106 was Australian Communication Exchange Limited.

       (4) A carriage service provider who supplies a public mobile telecommunications service by satellite using global mobile personal communications technology must ensure that an emergency call using the service is carried to the closest point of connection.

       (5) However, if the provider's network does not allow direct delivery of the call to the point, or to another point where it can be answered by the relevant emergency call person, the provider must ensure that the call is delivered to the point by another network.

Note   The arrangements made by the carriage service provider to ensure the call is delivered to the point by another network must be included in the arrangements mentioned in section 8.

19       Carriage service providers' speed, efficiency and reliability for numbers 000 and 112

       (1) This section applies if an end-user of an emergency call service makes an emergency call using the emergency service number 000 or 112.

       (2) The carriage service provider must ensure that the emergency call is transferred to the emergency call person for 000 and 112 with at least the same speed, efficiency and reliability as was practicable for the emergency service number 000 immediately before 1 January 2002.

Note   The document known as ACIF C536:2001, or Emergency Call Services Requirements, prepared by the Australian Communications Industry Forum contains practical information to assist carriage service providers to meet their obligations under this Determination.

The Australian Communications Industry Forum represents the telecommunications industry for the purposes of Part 6 of the Telecommunications Act 1997.

20       Emergency call person's speed, efficiency and reliability for numbers 000 and 112

       (1) If an end-user of an emergency call service makes an emergency call using the emergency service number 000 or 112, the emergency call person for 000 and 112 must receive and handle it with at least the same speed, efficiency and reliability as was practicable for the emergency service number 000 immediately before 1 January 2002.

       (2) The emergency call person must ensure that:

       (a) 85% of emergency calls using the emergency service number 000 or 112 are answered within 5 seconds; and

       (b) 95% of those calls are answered within 10 seconds.

21       Emergency call person's speed, efficiency and reliability for number 106

       (1) This section applies if an end-user of an emergency call service makes an emergency call using the emergency service number 106.

       (2) The emergency call person for 106 must receive, and handle the call with a speed, efficiency and reliability comparable to the speed, efficiency and reliability with which the emergency call person for 000 and 112 receives and handles calls using the emergency service numbers 000 and 112, subject to the different technological and administrative arrangements for the emergency service number 106.

       (3) However, the emergency call person for 106:

       (a) is not required to receive and handle the call in the same way as the emergency call person for 000 and 112 receives and handles calls using the emergency service numbers 000 and 112; but

       (b) must receive and handle calls using emergency service number 106 with a speed, efficiency and reliability appropriate to the nature of that service.

Chapter 5       Call information

Note:   Information about giving call information

A purpose of this Determination is to ensure that information about emergency calls is available to emergency call persons, and to emergency service organisations, when the call is made.

The information system is based on the Integrated Public Number Database (IPND), which is currently provided and maintained by Telstra under the Carrier Licence Conditions (Telstra Corporation Ltd) Declaration 1997. The IPND is a database that stores customer information from which information is drawn for emergency services purposes.

For Schedule 2 to the Telecommunications Act 1997, if Telstra is obliged by a condition of a carrier licence to provide and maintain an integrated public number database, a carriage service provider supplying a carriage service to an end-user that has a public number must give Telstra such information as Telstra reasonably requires in connection with Telstra's fulfilment of that obligation. Chapter 5 is part of this process, identifying specific information that is to be given to Telstra in the capacity of IPND Manager.

Chapter 5 of this Determination requires carriage service providers to give information to the IPND, through Telstra as the IPND Manager. Telstra will then ensure that the information it receives is made available to emergency call persons.

Chapter 5 also requires emergency call persons to share an information system that draws call information from data stored in the IPND, when it is needed.

Under the Telecommunications Act 1997, it is open to the Minister to determine that a specified person other than Telstra is to provide and maintain an integrated public number database.

Part 1       Making information available for emergency call persons

22       Purpose of Part 1

       (1) This Part applies to a carriage service provider who supplies a standard emergency telephone service.

       (2) This Part sets out information that the provider must give to the IPND Manager for purposes that include keeping a reliable public number database that contains information to be available if an emergency call is made from a service with a public number.

Note 1   Part 4 of Schedule 2 to the Telecommunications Act 1997 sets out obligations on the providers of public mobile telecommunications services to provide customer information to the IPND Manager.

Note 2   The document known as ACIF C555:2001, or Integrated Public Number Database (IPND) Date Provider, Data User and IPND Manager prepared by the Australian Communications Industry Forum places additional obligations on carriage service providers in relation to the IPND.

The Australian Communications Industry Forum represents the telecommunications industry for the purposes of Part 6 of the Telecommunications Act 1997.

23       Information identifying standard emergency telephone service: residential customer with single line service

       (1) This section sets out a carriage service provider's obligations in relation to each customer to which it supplies a standard emergency telephone service as a single line service.

       (2) The provider must ensure that the IPND Manager receives correct information about the customer's name and the location of the service.

       (3) If the provider first supplies the service after this section commences, the provider must comply with subsection (2) before the end of the next business day after starting to supply the service.

       (4) The provider must make arrangements to ensure that the information received by the IPND Manager (including the postcode of the location of a service) is as accurate as practicable at all times.

Note   Postcode information is important in helping an emergency call person to decide which emergency service organisation should receive an emergency call.

       (5) If a change to the service is made which affects the information the provider has given, the provider who supplies the service must ensure that the IPND Manager is informed about the change before the end of the next business day after the change is made.

Examples of changes

1   A different carriage service provider or intermediary starts to supply the service.

2   A new lessee replaces the previous lessee of the service.

       (6) If the provider ceases to supply the service, the provider must, before the end of the next business day after ceasing to supply the service, ensure that the IPND Manager is informed that it has ceased to supply the service.

       (7) The IPND Manager must inform the emergency call person for 000 and 112 about the changes mentioned in subsections (5) and (6) within 24 hours after the IPND Manager is informed about the changes.

24       Information identifying standard emergency telephone service: fixed local service

       (1) This section sets out a carriage service provider's obligations in relation to each customer:

       (a) to which it supplies a fixed local service; and

       (b) that is not described in subsection 23 (1).

       (2) If the provider is able to identify the location of the fixed local service at all times, the provider must ensure that the IPND Manager receives correct information about the customer's name and the current location of the service.

       (3) If the provider is unable to identify the location of the fixed local service at all times, the provider must ensure that the IPND Manager receives:

       (a) correct information about the current location of the service, to the extent that the provider knows the location; and

       (b) advice that the service may not be at that location, or that an emergency call using the service may be of uncertain origin; and

       (c) if the customer has multiple services -- the customer's contact number.

Note   A provider is unlikely to be certain about the location of a fixed local service that it supplies, and the origin of an emergency call, for a number of reasons, including circumstances in which the customer's actions may affect the location of the service without reference to the provider.

The ACA advises that providers are able to indicate that the location of a fixed local service is uncertain by setting the Alternate Address flag to `True' in the record provided to the IPND Manager for that service.

       (4) If the provider first supplies the service after this section commences, the provider must comply with subsections (2) and (3) before the end of the next business day after starting to supply the service.

       (5) The provider must make arrangements to ensure that the information received by the IPND Manager (including the postcode of the location of a service) is as accurate as practicable at all times.

Note   Postcode information is important in helping an emergency call person to decide which emergency service organisation should receive an emergency call.

       (6) If a change to the service is made which affects the information the provider has given, the provider who supplies the service must ensure that the IPND Manager is informed about the change before the end of the next business day after the change is made.

Examples of changes

1   A different carriage service provider or intermediary starts to supply the service.

2   A new lessee replaces the previous lessee of the service.

       (7) If the provider ceases to supply the service, the provider must, before the end of the next business day after ceasing to supply the service, ensure that the IPND Manager is informed that it has ceased to supply the service.

       (8) The IPND Manager must inform the emergency call person for 000 and 112, in the capacity of emergency call person, about the changes mentioned in subsections (6) and (7) within 24 hours after the IPND Manager is informed about the changes.

25       Access by the emergency call person for 000 and 112 to IPND

       (1) The IPND Manager must make all information in the IPND available to the emergency call person for 000 and 112.

       (2) The IPND Manager may make arrangements with the emergency call person for 000 and 112, consistent with this Determination, for the way in which the information is to be made available.

Example

The IPND Manager may arrange for a daily download of the content of the IPND. However, the arrangements must be consistent with the IPND Manager's obligation to advise Telstra, in its capacity as the current emergency call person for 000 and 112 of changes in information in accordance with subsections 23 (7) and 24 (8).

26       Format for information identifying standard emergency telephone service

       (1) If the rural addressing system is used in the local government area in which the provider supplies the standard emergency telephone service, the provider must give the information mentioned in section 23:

       (a) using the format of the system; or

       (b) in another format agreed with the IPND Manager.

(2)       If the rural addressing system is not used in the local government area, the provider must give the information mentioned in section 23 to the IPND Manager in a format reasonably required by the IPND Manager.

Part 2       Information agreement

27       Agreement between emergency call persons

       (1) The emergency call person for 000 and 112, and the emergency call person for 106, must:

       (a) retain the written agreement (the information agreement) to provide their emergency call services using a common system made under section 28 of the Telecommunications (Emergency Call Service) Determination 1999, as in force before the commencement of this Determination; or

       (b) revoke the agreement and replace it with another information agreement.

       (2) If the emergency call person for 000 and 112 and the emergency call person for 106 decide to replace an information agreement with another agreement, the new information agreement must require the following objectives for an emergency call using the emergency service number 106 to be achieved:

       (a) the emergency call person for 106 must have access to the information mentioned in sections 23 and 24 when the emergency call person receives the call;

       (b) the emergency call person for 106 must be able to give the information to the appropriate emergency service organisation in the course of establishing and relaying the call to the organisation;

       (c) if the emergency service organisation asks the emergency call person for 106 to give information to the organisation about the call (including the name of the carriage service provider who supplied the standard emergency telephone service on which the call was made) after the emergency service organisation has dealt with the call, the emergency call person for 106 must be able to give the information to the organisation.

       (3) The new information agreement must also require the following objectives to be achieved:

       (a) the emergency call person for 106 must be able to share the system that allows for automatic selection of the appropriate emergency service organisation;

       (b) emergency calls using the emergency service number 000, 112 or 106 must be operated in accordance with the common system.

28       Inability to make information agreement

       (1) This section applies if:

       (a) the emergency call person for 000 and 112 and the emergency call person for 106 tell the ACA, in writing, that they are unable to make an information agreement; or

       (b) either emergency call person, tells the ACA, in writing, that it is unlikely that an agreement can be made; or

       (c) the ACA reasonably believes that it is unlikely that an agreement can be made.

       (2) If the ACA gives the emergency call person for 000 and 112, or the emergency call person for 106, a written direction to do something that would help the emergency call persons to make the agreement, the recipient of the direction must comply with it.

       (3) The direction may deal with any of the following matters:

       (a) including, or not including, specified provisions;

       (b) agreeing to a specified form of agreement, or part of the form of agreement;

       (c) making an agreement by a specified date;

       (d) arranging for arbitration by the ACA or a third party (whether or not the party is specified in the direction);

       (e) arranging for arbitration under specified conditions;

       (f) any other matter that the ACA believes will help to complete the agreement.

29       Compliance with information agreement

        The emergency call person for 000 and 112, and the emergency call person for 106, must comply with an information agreement made in accordance with this Part.

Part 3       Giving call information

30       Information identifying calling numbers

       (1) A carriage service provider must ensure, as far as practicable, that, if the provider's carriage service is used to make an emergency call, the service:

       (a) will give the emergency call person to whom the call is transferred automatic information about the number from which the call is made; and

       (b) will give the information when the call is made.

       (2) However, the provider is not required to ensure that the service will give the emergency call person the number from which the call is made if the caller:

       (a) has made the call using the emergency service number 112; and

       (b) used a digital mobile telephone without a SIM card.

Note   Emergency calls to the 000 emergency service number are not available without a SIM card.

       (3) Also, the provider is not required to ensure that the service will give the emergency call person the number from which the call is made if:

       (a) the caller has made the call using the emergency service number 000 or 112 using a digital mobile telephone; and

       (b) the provider is unable to identify the number from which the call is made.

       (4) If an emergency call uses the emergency service number 000 or 112 and a public mobile telecommunications service, the carriage service provider must give the emergency call person for 000 or 112 relevant information that is available about the caller's location in accordance with the document:

       (a) known as ACIF G530:1999, or Mobile Location Indicator for Emergency Services -- Stage 1 Service Description Interim Mobile Location Indicator, as in force from time to time; and

       (b) prepared by the Australian Communications Industry Forum.

Note   The Australian Communications Industry Forum represents the telecommunications industry for the purposes of Part 6 of the Telecommunications Act 1997.

31       Speed, efficiency and reliability when giving call information

        A carriage service provider must give the calling number information mentioned in section 30 with at least the same speed, efficiency and reliability as was practicable immediately before 1 January 2002.

32       Using common system

       (1) This section applies to a carriage service provider who uses a common system with an emergency call person for transferring emergency calls to an emergency service organisation.

       (2) The carriage service provider must, as far as practicable, use the common system to give the calling number information mentioned in section 30.

33       Information identifying carriage service providers

       (1) The carriage service provider must ensure that the emergency call person for 000 or 112 and the emergency call person for 106 receive correct information about the provider's business address and contact telephone numbers.

       (2) The carriage service provider may comply with the obligation in subsection (1) by giving the information to the emergency call person for 000 and 112.

       (3) The carriage service provider must also ensure that each emergency call person receives correct information about how to contact the provider or its representative at any time.

34       Information about emergency calls

        If the emergency call person for 000 and 112, or the emergency call person for 106, transfers an emergency call to an emergency service organisation, the emergency call person must make available to the organisation as much of the following information as the emergency call person has:

       (a) the location of the caller;

       (b) the identity of the customer of the service being used to make the call;

       (c) the number of the service.

35       Additional information after transferring emergency calls

       (1) This section applies if an emergency service organisation asks a carrier, a carriage service provider, the emergency call person for 000 or 112, or the emergency call person for 106, to give it information about an emergency call that has been transferred to the organisation.

       (2) The carrier, carriage service provider or emergency call person must give the organisation the information, or as much information as practicable, as soon as practicable.

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.

Part 13 includes section 286, which authorises the disclosure of information or a document by a person if:

(a)       the information or document came to the person's knowledge, or into the person's possession, because of a call to an emergency service number; and

(b)       the information, or the contents of the document, consists of any or all of the following:

       (i) a name;

       (ii) a telephone number;

       (iii) an address;

       (iv) a location;

       (v) the matter or matters raised by the call; and

(c)       the disclosure is made to:

       (i) a member of a police force or service; or

       (ii) a member of a fire service; or

       (iii) a member of an ambulance service; or

       (iv) an emergency call person; or

       (v) a member of a service specified in the numbering plan for the purposes of this subparagraph; or

       (vi) a service for despatching a force or service referred to in subparagraph (i), (ii), (iii) or (v);

for purposes connected with dealing with the matter or matters raised by the call.

Chapter 6       Charging for emergency calls

36       Free access by end-users

       (1) This section applies to a carriage service provider who supplies a standard emergency telephone service.

       (2) The provider must give each end-user of the service access to the appropriate emergency call service free of charge.

37       Charging emergency service organisations (carriage service providers)

       (1) This section applies to a carriage service provider who supplies a standard emergency telephone service.

       (2) The provider must not charge an emergency service organisation, directly or indirectly, for any of the following services:

       (a) a carriage service used to connect calls made to an emergency service number;

       (b) a carriage service used to transfer such calls to an emergency service organisation;

       (c) a carriage service used to give information in relation to calls to an emergency service organisation.

       (3) The provider must not arrange for the organisation to be charged for the service.

       (4) However, the provider may charge for the service 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.

Examples of methods used to provide particularly high levels of service

1   Network based queuing facilities.

2   Capabilities for multiple site call splaying and overflow.

3   Redundancy lines.

38       Charging emergency call persons (carriage service providers)

       (1) This section applies to a carriage service provider who supplies a standard emergency telephone service.

       (2) The provider must not 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 made to an emergency service number;

       (b) a carriage service used to transfer such calls to an emergency service organisation;

       (c) a carriage service used to give information in relation to calls to an emergency service organisation.

       (3) The provider must not arrange for the emergency call person to be charged for the service.

       (4) However:

       (a) the provider may charge for the service if the emergency call person originates the emergency call in the capacity of emergency call person; and

       (b) the provider must charge on a basis that is comparable to similar carriage service charges.

39       Charging emergency service organisations (emergency call persons)

       (1) The emergency call person for 000 and 112, or the emergency call person for 106, must not charge an emergency service organisation, directly or indirectly, for any of the following services:

       (a) receiving and handling calls to an emergency service number;

       (b) transferring such calls to an emergency service organisation;

       (c) giving information in relation to such calls to an emergency service organisation.

       (2) The emergency call person must not arrange for the organisation to be charged for the service.

40       Charging for using common information systems (emergency call persons)

        If the emergency call person for 000 and 112 (in the capacity of emergency call person) provides a service to the emergency call person for 106 for using the common system described in an information agreement, the emergency call person for 000 and 112 must provide the service on the basis that it does not profit from, or bear the cost of, providing the service.

Chapter 7       Deficiencies in emergency call services

Part 1       Carriage service providers

41       Requests for information

       (1) This section applies if the ACA reasonably believes that a carriage service provider is unable to comply with the provider's obligations under this Determination.

Example

The provider is unable to ensure that emergency calls using a standard emergency telephone service it supplies will be handled in accordance with this Determination.

       (2) If the ACA asks the provider, in writing, for advice about whether the provider is able to comply with its obligations, the provider must respond to the request, in writing:

       (a) by the day (if any) stated by the ACA; or

       (b) if no day is stated by the ACA -- as soon as practicable.

       (3) If the provider is unable to comply with its obligations under this Determination, the provider must explain, when answering the request:

       (a) why it is unable to comply; and

       (b) what steps the provider will take to ensure that it complies; and

       (c) how long it will take the provider to comply.

Note 1   If it is important to remedy a deficiency in access to an emergency call service, or any other aspect of the emergency call service, the ACA will consider using its powers of direction under the Telecommunications Act 1997.

Note 2   The provider's inability to comply with its obligations may also make the provider liable to pay a civil penalty under Part 31 of the Telecommunications Act 1997.

Part 2       Emergency call persons

42       Requests for information

       (1) This section applies if the ACA reasonably believes that the emergency call person for 000 and 112, or the emergency call person for 106, is unable to comply with its obligations under this Determination.

Example

The person is unable to ensure that the emergency call service it provides complies with this Determination.

       (2) If the ACA asks the emergency call person, in writing, for advice about whether the person is able to comply with its obligations, the person must answer the request, in writing:

       (a) by the day (if any) stated by the ACA; or

       (b) if no day is stated by the ACA -- as soon as practicable.

       (3) If the emergency call person is unable to comply with the person's obligations under this Determination, the person must also explain, when answering the request:

       (a) why it is unable to comply; and

       (b) what steps the emergency call person will take to ensure that it complies; and

       (c) how long it will take the emergency call person to comply.

Note 1   If it is important to remedy a deficiency in access to an emergency call service, or any other aspect of the emergency call service, the ACA will consider using its powers of direction under the Telecommunications Act 1997.

Note 2   An emergency call person's failure to comply with a requirement of this Determination may also make the person liable to pay a civil penalty under Part 31 of the Telecommunications Act 1997.

Chapter 8       Records

Part 1       Keeping records

43       Emergency call persons

       (1) The emergency call person for 000 and 112, or the emergency call person for 106, must make and keep the records, for each month in a quarter, of:

       (a) the number of emergency calls that were received at an emergency call person's answering point; and

       (b) the percentage of emergency calls that were answered in 5 seconds or less; and

       (c) the percentage of emergency calls that were answered in 10 seconds or less; and

       (d) the percentage of emergency calls that were answered in more than 10 seconds; and

       (e) the number of emergency calls that were received by an emergency call person and transferred to an emergency service organisation; and

       (f) the number of emergency calls that were received by an emergency call person but not transferred to an emergency service organisation; and

       (g) any other matter that the emergency call person has agreed with the ACA, in writing, to record.

       (2) The emergency call person for 000 and 112 must also make and keep records, for each month in a quarter, of the number of emergency calls that were received by an emergency call service but abandoned by the caller in 5 seconds or less.

       (3) In addition, the emergency call person for 000 and 112 must make and keep records, for each month in a quarter, of:

       (a) the percentage of emergency calls that were generated by mobile phones; and

       (b) the percentage of emergency calls that were generated by public payphones.

       (4) The emergency call person for 000 and 112, or the emergency call person for 106, must give the ACA a copy of the records required to be kept:

       (a) as soon as practicable after the quarter ends; and

       (b) in any case -- within 1 month after the quarter ends.

Note:   Information about records of recognised persons who operate emergency call services

The obligations in section 43 are a minimum requirement for record keeping. Recognised persons who operate emergency call services may also make records about other aspects of the emergency call services that they consider important.

The emergency call person for 000 and 112 must ensure that 85% of emergency calls using the emergency service number 000 or 112 are answered within 5 seconds and 95% of those calls are answered within 10 seconds (see subsection 20 (2)).

44       Carriage service providers

       (1) A carriage service provider must make and keep a record of the arrangements it makes to comply with this Determination, including a record of any agreement it enters into with another person to help it to comply with this Determination.

Examples

1   The date of the arrangement.

2   The parties to the arrangement.

3   The duration of the arrangement.

       (2) The carriage service provider must also make and keep a record of its dealings under subsection 11 (3) with a lessee or an agent if a bar has been applied to a standard emergency telephone service at the request of the lessee or agent.

       (3) If the ACA wishes to inspect the provider's records:

       (a) the ACA must give the carriage service provider a written request to inspect the records specified in the request; and

       (b) the provider must, not later than 7 days after receiving the request, produce the specified records to the ACA in accordance with the request.

Part 2       Carriage service providers unable to keep or produce records

45       Inability to keep or produce records

       (1) This section applies if a carriage service provider is unable to keep or produce a record under section 44 because of a dispute involving the provider and another person.

Note   Disputes may involve an emergency call person, another carriage service provider or another person. The dispute may also require the involvement of the Australian Competition and Consumer Commission under section 149 of the Act.

       (2) The provider must tell the ACA, in writing, of the provider's inability as soon as the provider becomes aware that it may be unable to comply with the requirement.

       (3) The ACA must have regard to any steps the carriage service provider has taken to resolve the problem, and the speed with which the carriage service provider has tried to resolve it.

       (4) The ACA may, after having regard to the steps taken by the provider, consider taking action about the failure to comply with the requirement.

Dictionary

(section 4)

Act means the Telecommunications (Consumer Protection and Service Standards) Act 1999.

Caller No Response Call means a call made to an emergency number:

       (a) by a person who, when the call is answered, does not respond to the emergency call person; and

       (b) in circumstances that are not suspicious.

common system means:

       (a) the IPND; or

       (b) the Enhanced Calling Line Identification Processing Service.

emergency call means a call made to an emergency service number, seeking a response from an emergency service organisation to deal with a time-critical event:

       (a) that is perceived to threaten life; or

       (b) that the organisation is established to respond to.

emergency call person for 000 and 112 means the emergency call person who is the recognised person who operates an emergency call service for the emergency service numbers 000 and 112.

Note   On the commencement of this Determination, the emergency call person for 000 and 112 was Telstra.

emergency call person for 106 means the emergency call person who is the recognised person who operates an emergency call service for the emergency service number 106.

Note   On the commencement of this Determination, the emergency call person for 106 was Australian Communication Exchange Limited.

emergency service organisation has the meaning given by subsection 147 (11) of the Act.

fixed local service means a carriage service that:

       (a) is supplied by a carriage service provider; and

       (b) is capable of voice telephony; and

       (c) is supplied for receiving incoming calls wholly, or principally, at one fixed location which can be identified, from the number called, by the provider of the carriage service used to make the call; and

       (d) is either:

       (i) a switching facility; or

       (ii) the premises occupied or used by a customer.

information agreement see subsection 27 (1).

IPND means:

       (a) the Integrated Public Number Database established and maintained by Telstra under the Carrier Licence Conditions (Telstra Corporation Ltd) Declaration 1997 as in force on the commencement of this Determination; or

       (b) if the Minister has determined, under subsection 472 (1) of the Telecommunications Act 1997, that a specified person other than Telstra is to provide and maintain an integrated public number database -- that database.

IPND Manager means:

       (a) Telstra; or

       (b) if the Minister has determined, under subsection 472 (1) of the Telecommunications Act 1997, that a specified person other than Telstra is to provide and maintain an integrated public number database -- that person.

NRS provider means the provider of the National Relay Service described in section 95 of the Act.

Note 1   The National Relay Service is designed to provide access to a standard telephone service to people who are deaf, or who have a hearing and/or speech impairment.

Note 2   At the commencement of this Determination, the NRS provider was Australian Communication Exchange Limited.

public payphone means a public telephone that is managed by a carrier or a carriage service provider and is located in a public place, but does not include a public telephone that is located in a public place and is leased to a person by a carrier or a carriage service provider.

public place means a place to which the public usually has access except during certain hours or certain days of the week, but does not include:

       (a) a place to which a person (other than the Commonwealth, a State or Territory) is entitled to deny the public entry; or

       (b) a vehicle, vessel, aircraft or other means of transport.

quarter means a period of 3 months starting on 1 January, 1 April, 1 July or 1 October in a year.

rural addressing system means a system used to identify and locate rural properties by assigning an individual number to each property in accordance with the document known as AS/NZS 4724:2000 or Geographic Information -- Rural Addressing System.

standard emergency telephone service means a standard telephone service that an end-user would reasonably choose, as a first choice, to make an emergency call, except a short messaging service.

Examples of services that an end-user would reasonably expect to use, as a first choice, to make emergency calls

1   Local access services.

2   Public mobile telecommunications services.

3   Listed carriage services supplied by a carriage service intermediary.

4   Text telephony for a person who is unable to use voice telephony.

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.

Note:   Information about definitions

A number of expressions used in this Determination are defined in section 7 of the Telecommunications Act 1997, and are imported into the Telecommunications (Consumer Protection and Service Standards) 1999, including:

•       ACA (the Australian Communications Authority)

•       access (in relation to an emergency call service)

•       carriage service intermediary

•       carriage service provider

•       carrier

•       controlled carriage service

•       controlled facility

•       controlled network

•       emergency call person

•       emergency call service

•       emergency service number

•       public mobile telecommunications service

•       recognised person who operates an emergency call service

•       Telstra.

Notes to the Telecommunications (Emergency Call Service) Determination 2002

Note 1

The Telecommunications (Emergency Call Service) Determination 2002 (in force under subsection 147 (1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
Telecommunications (Emergency Call Service) Determination 2002	6 June 2002 (see Gazette 2002, No. S184)	6 June 2002
Telecommunications (Emergency Call Service) Amendment Determination 2003 (No. 1)	16 Apr 2003 (see Gazette 2003, No. GN15)	16 Apr 2003	--
Telecommunications (Emergency Call Service) Amendment Determination 2004 (No. 1)	17 Mar 2004 (see Gazette 2004, No. S79)	17 Mar 2004	--

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
S 10	am. 2003 No. 1
S. 11	am. 2003 No. 1
S. 12	am. 2004 No. 1
Dictionary	am. 2004 No. 1