Following the latest 2025 Optus outage, there has been much debate about the need for a Triple Zero Custodian to monitor emergency call services. The Telecommunications Legislation Amendment (Triple Zero Custodian and Emergency Calling Powers) Bill 2025 (the Bill) amends the Telecommunications (Consumer Protection and Service Standards) Act 1999 (TCPSS Act) to establish a Triple Zero Custodian in legislation. The Triple Zero Custodian will be the Secretary of the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts.

This paper sets out the purpose of the Bill, the background of Optus outages, the policy position of non-government parties/independents, and key issues and provisions. At the time of writing, the Bill had not been referred to or reported on by any parliamentary committees. The Bill passed the House on 8 October 2025. 

Key points

• Following an Optus network outage which impacted emergency call services in 2023, the Australian Government appointed a review into what happened. One of the recommendations was to establish a Triple Zero Custodian, which was accepted by the Government.
• A Triple Zero Custodian was established administratively in the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts (the Department) in March 2025.
• On 18 September 2025, a second major Optus outage occurred which impacted Triple Zero Calls across a number of jurisdictions. It was reported that in response to this outage, the Government would fast-track legislation to establish a Triple Zero Custodian in legislation, including providing it with compliance powers.
• The Bill will also amend the TCPSS Act to provide the Australian Communications and Media Authority (ACMA) with the power to direct carriers, carriage service providers and emergency call persons to provide information, and take certain action, regarding the effective functioning of emergency call services.
• Both the Opposition and the Australian Greens have criticised the Government for not acting sooner in establishing the Triple Zero Custodian in legislation.