Optus and Telstra's Triple Zero outages: enforcement action and additional regulations imposed on telcos
10 March 2025
Access to reliable mobile and internet services is essential in today’s digital age. It not only helps individuals stay connected with friends and family but also ensures the ability to call Triple Zero in case of an emergency.
On 8 November 2023, Optus experienced a nationwide outage (the Optus outage) that disconnected Australians and businesses from mobile and internet services for approximately 12 hours.
Similarly, on 1 March 2024, Telstra faced a network disruption for 90 minutes, which prevented their call centre from transferring calls to emergency service organisations.
The Minister for Communications, the Hon Michelle Rowland (the Minister), commented on the consequences of the Optus outage, stating that it 'had serious impacts on public safety, access to services and caused significant disruptions to the community and the economy.'[1]
The Australian Government’s response to the Optus outage
On 28 November 2023, the Australian Government commissioned Richard Bean, former Deputy Chair of the ACMA, to conduct a review into the Optus outage to identify lessons that the industry and government could learn from the incident (Bean Review). On 30 April 2024, the Bean Review produced a report that included 18 recommendations intended to 'address structural issues within the broader telecommunications ecosystem.'[2] The Australian Government accepted all recommendations from the Bean Review and the following changes are now being implemented.[3]
Amending and developing new Industry Standards
As part of the implementation of the Bean Review’s recommendations, the Minister directed the Australian Communications and Media Authority (ACMA) to deliver a series of changes to improve network resilience and management during a major outage. The three directives given to the ACMA were:
1. Create a new Industry Standard—Effective from 31 December 2024, the ACMA issued the Telecommunications (Customer Communications for Outages) Industry Standard 2024.
This Standard requires telecommunications providers to communicate proactively and clearly with customers, emergency services and the government during a major outage. Prior to the Optus outage, there was no obligation for telecommunication providers to inform customers in an event of an outage.
2. Amend the Telecommunications (Emergency Call Service) Amendment Determination 2024 (No.1) - Effective 28 October 2024 the ECS Amendment Determination applies.
With the upcoming shutdown of Australia’s 3G network, the ECS Determination was amended in 2024 to ensure that those affected by the shutdown receive support from their telecommunication providers. This amended addresses concerns that some 3G and 4G devices would be unable to call emergency services after the shutdown.
The ACMA has also taken enforcement action against Telstra and Optus for breaches of the previous ECS Determination, issuing a $12 million fine to Optus[4],and a $3 million penalty to Telstra.[5]
3. Amend the Telecommunications (Consumer Complaints Handling) Industry Standard 2024.
The ACMA have drafted new rules under Draft Amendments – Telecommunications (Consumer Complaints Handling) Industry Standard 2018, which is currently open for public consultation until 14 March 2025. The amendments introduce a new obligation for telecommunication providers to establish a network outage complaint handling process that recognises, accepts and prioritises customer complaints.
Further changes are expected this year, as the ACMA plans to release a second stage of rules on all the above three pieces of legislation. The proposed rules are also open for public consultation until 14 March 2025.[6]
Watch this space for a future article discussing the release of the second stage of industry rules for major outages and their implications for telecommunication providers.
Closing thoughts
The Optus outage revealed significant regulatory gaps in how telecommunication providers prepare for, mitigate, and respond to major outages. The new obligations introduced by the ACMA in 2024 aim to address these issues. It is important for telecommunication providers to review and update their procedures and policies to comply with the new rules and mitigate any potential breaches.
[1] Minister for Communications, The Hon Michelle Rowland, Media Releases, Significant changes made one year on from the nationwide Optus outage, 8 November 2024, Significant changes made one year on from the nationwide Optus outage | Ministers for the Department of Infrastructure
[2] Richard Bean, Final Report, Review into the Optus outage of 8 November 2023 – Final Report | Department of Infrastructure, Transport, Regional Development, Communications and the Arts
[3] Department of Infrastructure, Transport, Regional Development, Communications and the Arts, Australian Government Response to the Bean Review Final Report. Australian Government Response to the Bean Review Final Report - Review into the Optus outage of 8 November 2023 - April 2024 | Department of Infrastructure, Transport, Regional Development, Communications and the Arts
[4] ACMA, Investigation report and infringement notices – subsidiaries of Singtel Optus Pty Limited, Investigation report and infringement notices – subsidiaries of Singtel Optus Pty Limited | ACMA
[5] ACMA, Investigation report and infringement notice – Telstra Limited, 1 March 2024, Investigation report and infringement notice – Telstra Limited | ACMA
[6] ACMA, ACMA public consultation on proposed telco industry rules for outages, media release, ACMA seeks feedback on proposed telco industry rules for outages | ACMA
