Spotlight on Australia's outages and emergency call services regulation

On 18 September 2025, Optus (Australia’s second largest mobile network operator) suffered an outage involving the provision of emergency call services (ECS). This resulted in over 600 emergency calls allegedly failing. Optus faced a similar outage in 2023, for which it was fined AUD 12 million (2023 Outage). 

Up until now, the provision of emergency calling services has mainly been regulated by the Telecommunications (Emergency Call Service) Determination 2019 (ECS Determination), a determination made by the Australian Communications and Media Authority (ACMA) under Part 8 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 (TCPSS Act). However, the response to the recent outages has led to significant pressure on the federal government to consider broader reform of the emergency calling regime.

On 7 October 2025, the federal government introduced legislation to establish a Triple Zero custodian (Custodian). It is intended that the Custodian will have a more “proactive” role in overseeing Australia’s emergency calling services. This article will examine how the role of the Custodian and other key reforms will affect the legal obligations of telecommunications providers (telcos) when network outages occur.

Triple Zero Custodian 

The Telecommunications Legislation Amendment (Triple Zero Custodian and Emergency Calling Powers) Bill 2025 (Triple Zero Bill) amends the TCPSS Act and seeks to create an independent body, the Custodian, to take a proactive approach in overseeing Australia’s emergency call services. 

The functions of the Custodian are as follows: 

• Aiding preparation for, response to or recovery from an ‘ECS outage event’[1]; 

• Improving preparedness for ECS outage events; 

• Overseeing the effective functioning of ECS and the proper functioning of the ‘ECS matters’[2]; and 

• Any other function conferred by this Act in relation to emergency call services.

The Minister may, under legislative instrument, specify additional functions of the Custodian. 

The Triple Zero Bill purports to expand the ACMA’s power to regulate ECS. The Custodian will be able to make requests to the ACMA to exercise those powers. This may include requesting the ACMA to require information or direct action from carriers and carriage service providers (“C/CSPs”) and emergency call persons (ESPs) subject to an ‘ECS direction’[3]. The Custodian will also be empowered to refer matters to the ACMA for investigation.  

The ACMA is not limited from using these powers on its own accord. Notably, however, the ACMA already has information gathering and investigatory powers under the Telecommunications Act 1997 (the “Telco Act”). 

Unlike the ACMA, the Custodian does not have any enforcement powers. Where enforcement may be necessary, the Triple Zero Bill states that the Custodian can refer matters to the ACMA (e.g. referring matters for investigation). 

Other Reforms 

While the Triple Zero Bill is the most recent reform, there have been several others following the 2023 Outage. They are as follows: 

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

This determination will come into effect from 1 November 2025 and will introduce a new set of rules to the ECS Determination. These updated rules seek to preserve connectivity in multi-operator core network arrangements when an outage occurs. For example, carriers must wilt facilities (i.e. make them unavailable) if they lose connectivity to a core network. Carriers must also take reasonable steps to ensure that it does not impede other C/CSPs from accessing their network when they are unable to carry the call. Following an outage, C/CSPs must prepare a detailed written report to ACMA about the outage within 45 days. 

2. Telecommunications (Customer Communications for Outages) Industry Standard 2024 (Outage Standard) 

The Outage Standard came into effect on 31 December 2024 and requires C/CSPs to communicate effectively with customers and stakeholders during ‘major outages’ (that is, an outage that affects or is likely to affect 100,000 or more services in operation and are longer than 60 minutes). On 30 June 2025, these rules were expanded to include significant local outages, defined as an outage that affects 250 or more services in remote Australia for three or more hours, or 1,000 or more services in regional Australia for six or more hours.

Furthermore, these new rules impose cascading notification obligations on C/CSPs. For example, when an outage occurs, telcos are required provide end-users with information about significant local outages as well as other telcos. 

3. Telecommunications (Consumer Complaints Handling) Industry Standard Amendment 2025 (No.1) (Complaints Standard) 

The Complaints Standard came into effect on 30 June 2025 and operate alongside the Outage Standard. It introduces additional requirements for telcos when managing customer complaints during major or significant local outages. Companies are required to establish and implement network outage complaints processes that include accepting, investigating, and resolving complaints whilst ensuring disconnected services are restored promptly. Customers must be informed about methods for seeking assistance if their service remains unrestored. The intention is to help telecommunications companies identify and address critical outages faster.

Enforcement risks for non-compliance

Currently, the reforms do not impose any new penalties in relation to a breach of ECS obligations. Instead, non-compliance will generally be dealt with within the existing framework. 

Non-compliance with the requirements of the ECS Determination contravenes the TCPSS Act and may result in enforcement action by the ACMA. Failure to comply with the ECS Determination or Industry Standards made under the Telco Act can also lead to enforcement action by the ACMA, including civil penalties, enforceable undertakings and formal warnings. 

Looking ahead

While the Custodian lacks enforcement power independently, its function will likely enhance the ACMA’s ability to regulate ECS. Given the significant reform in this area and the substantial amount of media coverage, we expect to see further (and potentially more aggressive) enforcement action by the ACMA.

As such, C/CSPs should make sure that they have arrangements in place to comply with their emergency calling obligations, including in circumstances where networks are degraded or out of action altogether. They also need to ensure that their have adequate internal processes in place to deal with the substantive communications obligations to customers, stakeholders and regulators during outages. 

In addition, the Telecommunications Amendment (Enhancing Consumer Safeguards) Bill 2025 is currently before Parliament.  If passed, this will not only establish a register of all carriage service providers but will also introduce mandatory compliance with registered industry codes, including the Emergency Call Service Requirements Code C536:2020.  The ACMA will be able to directly enforce contraventions of industry codes through court proceedings or via the issuing of infringement notices (with significant penalties applying).   

If you require further information or would like to discuss, please contact Thomas Jones, Matthew Bovaird, or Dylan McGirr.

This article was written with the assistance of Cassandra Wong.