The Australian Communications and Media Authority (ACMA) has launched Federal Court proceedings against Optus Mobile over alleged failures to provide access to the Triple Zero emergency call service during the company’s September 2025 network outage.
The ACMA alleges that during the outage, Optus Mobile breached its legal obligations on 1,005 occasions by failing to provide customers access to the emergency call service and failing to ensure those calls were carried to the appropriate termination point.
ACMA chair Nerida O’Loughlin said access to emergency services is the telecommunications industry’s most critical public safety obligation.
“Australians rightly expect that when they call Triple Zero, their call will connect,” O’Loughlin said in a 30 July statement.
“The circumstances of this outage meant that did not reliably occur, leaving people unable to connect to potentially life-saving services.”
She said providing access to emergency services was “not optional” and described it as “the most important public safety responsibility telecommunications providers have”.
The legal action follows enforcement measures taken after Optus’ major November 2023 outage, when Singtel Optus subsidiaries paid more than $12 million in infringement notice penalties for multiple breaches, including failures relating to emergency calls.
O’Loughlin said the recurrence of another significant outage affecting emergency services was a key factor in the regulator’s decision to pursue court action.
“The recurrence of a major network outage affecting emergency calls so soon after the November 2023 outage is a significant concern and one of the reasons the ACMA has decided to take this matter to court,” O’Loughlin said.
“The ACMA will not hesitate to take strong enforcement action where alleged telco failures have jeopardised public access to the critical emergency call service.”
The ACMA is seeking declarations that Optus Mobile contravened the Telecommunications (Consumer Protection and Service Standards) Act 1999 by breaching obligations under the Telecommunications (Emergency Call Service) Determination 2019, along with financial penalties.
Minister for Communications Anika Wells (who has had a busy morning) said "These are serious alleged failures by Optus".
"Australians rightly expect to reach triple zero when they need it most, and telcos are legally obligated to ensure that connection occurs."
Optus said it will not be commenting on the legal proceedings, but did acknowledge it needs to maintain its focus on "building a stronger and better Optus".
"We continue to invest in network resilience, strengthen our systems and processes, build and foster a culture of transparency and accountability, and improve the services our customers and communities rely on every day."
The maximum penalty available is $250,000 for each alleged contravention, although the court will determine any penalties if Optus is found to have breached its legal obligations.
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