The Telecommunications Legislation Amendment (Triple Zero Custodian and Emergency Calling Powers) Bill 2025 formally establishes a Triple Zero Custodian in the Commonwealth Department and empowers the Australian Communications and Media Authority (ACMA) to direct carriers, carriage service providers and emergency call persons to ensure the reliable operation of Australia’s 000 emergency call service.
It implements key recommendations of the Bean Review into the November 2023 Optus outage by creating a single coordinating role and a clear legal framework for information-sharing and operational oversight of the end-to-end emergency call ecosystem.
The Bill amends the Telecommunications (Consumer Protection and Service Standards) Act 1999 (TCPSS Act) and the Telecommunications Act 1997 (Tel Act) to create Part 8, Divisions 3–6 in the TCPSS Act, establishing:
The Bill also harmonises definitions of "emergency service" across the TCPSS Act and the Tel Act, and adds incidental amendments to ensure consistency (e.g. signpost definitions in section 7 of the Tel Act, amendments to exempt network-user provisions and numbering plan references). No additional appropriation is required, and the Custodian’s functions will be carried out within existing departmental resources.
Centralised accountability for public safety: Emergency calls to Triple Zero are often life-critical. A dedicated Custodian with statutory powers to coordinate information flows and direct action across the entire ECS ecosystem reduces the risk of silos and miscommunication, improving outage response and system resilience.
Response to expert recommendation: The Bean Review into the 8 November 2023 Optus outage concluded that "vested overarching responsibility for, and visibility of, the end to end functioning of the Triple Zero service in one person or organisation would have significantly improved information flow and recovery efforts on the day" [[1]]. Formalising the Custodian in legislation implements this expert analysis and strengthens future outage management.
Democratic oversight and transparency: By embedding reporting obligations on the ACMA and a ministerial review, the Bill promotes accountability to parliament and the public, ensuring trust in a system that underpins the right to life and health.
Bean Review into the Optus Outage, Final Report (30 April 2024).
Unnecessary regulatory complexity: The telecommunications industry already operates under a detailed regulatory regime (ECS Determination 2019, Tel Act, TCPSS Act). Layering in a new Custodian role and binding ACMA direction powers risks duplicating existing oversight, creating administrative burden without clear evidence that it will materially improve outage outcomes.
Compliance costs and unintended delays: Requiring carriers and CSPs to respond to formal ECS directions, document policies and consult across stakeholders may slow routine network maintenance and upgrades, ultimately increasing costs that could be passed on to consumers [Judgment].
Centralisation risk: Granting the ACMA and a single federal Custodian extensive coordination powers could reduce the flexibility of State and Territory emergency service organisations to manage calls according to local conditions, potentially delaying critical responses during an incident.
2025-10-07
House of Representatives
Before House of Representatives
Unspecified
Infrastructure, Transport, Regional Development, Communications, Sport and the Arts
Infrastructure, Consumer Protection