Greater clarity and consistency across policies, processes, vegetation management and access to support resources would help with disaster management. It would enable state and territory emergency services, network operators and local governments to respond to disasters more effectively.
One reform that would help is a consistent approach across Australia to essential service classification.
Currently, essential services tend to be defined in Jurisdictional legislation-for example, Essential Services Act 1988 (New South Wales), Disaster Management Act 2003 (Queensland) and Essential Services Commission Act 2001 (Victoria). Across Australia, only Queensland specifies telecommunications as an essential service at state level.45
It is true that, during an emergency, telecommunications is generally treated in practice as an essential service. However, during normal conditions, telecommunications infrastructure does not receive the same protection or proactive management as other infrastructure types, such as dry vegetation management or emergency planning. As a result, some maintenance is not carried out to the same standard as it would be if telecommunications were an essential service.
For example, Schedule 3 of the Telecommunications Act 1997 (Cth) provides telecommunications carriers with the powers to access land and install and maintain certain facilities and provides some immunity from certain state and territory laws when doing so. The Act also permits vegetation removal. However, this right is not used by network operators as much as it could be outside bushfire season, so overgrown vegetation can become an issue. Telecommunications infrastructure is typically situated in geographically and topographically higher areas to maximise coverage, so gaining access to clear the vegetation from towers and lines is difficult, adding to the risk of fire damage.
If all states and territories classified telecommunications as an essential service, the sector could receive specific support and protection from state and territory emergency services to resolve these and other logistical challenges, both before and during an emergency. There could also be a clearer obligation for operators to restore services quickly.