Coalition Senators' Additional Comments

1.1The Optus Network Outage of 8 November 2023 was significant in that more than 2700 calls to Triple Zero from Optus phones were unable to connect. However, it is the obfuscating attitude from the Minister for Communications, the Hon Michelle Rowland MP, that is of most concern.Documents obtained under Freedom of Information (FOI) reveal that as the crisis was unfolding, the Minister was specifically warned on a 10.10am teleconference with the Department of Infrastructure, Transport, Regional Development, Communications and the Arts (the Department), the Minister, the Minister for Communications then Chief of Staff, and Telstra that there had been issues connecting with Triple Zero from Optus phones.[1]

1.2Despite being directly warned that some Triple Zero calls were not getting through, meeting notes obtained under FOI show that Minister Rowland stated '(I)want to be able to say that mobiles will still connect'.[2]

1.3Minister Rowland later held a press conference at 11.00 am where she stated that:

Calls to Triple Zero the emergency services cannot be made from Optus landline services.In relation to Optus mobiles and the ability to make Triple Zero calls, that is operating as per the protocol that is in place …[3]

1.4However, Minister Rowland and her then Chief of Staff had been on a teleconference at 10.10am where it was suggested by Sam Grunhald, First Assistant Secretary of Communications Services and Consumer Division from the Department in document 8 of FOI 24-166 that:

… this had been raised on a call with Telstra.Minister is calling CEO Optus to confirm.[4]

1.5In evidence provided to Senate Estimates on 13 February 2024, both Mr Richard Windeyer, then Deputy Secretary of Communications, and Mr Grunhald from the Department advised that they had in fact not raised this with the Minister prior to her 11.00am press conference.

1.6This was confirmed in a response to Question on Notice SQ24-000023 from the Department that they:

… did not provide the Minister or the Minister’s office with the referred to extra anecdotal information prior to 11.00am on 8 November 2023.[5]

1.7It is unclear whether the extra anecdotal information referred to was that three Departmental staff had attempted to contact Triple Zero from Optus devices, with two unable to connect—or whether Mr Grunhard had in fact raised the concern from ACMA in the email timestamped 10.18am advising:

had staff members here test and one got a dead call (that went nowhere) and another connected to the recorded message at the start of all Triple Zero calls … So the camp-on (roaming) capabilities may not be working for Optus customers which is a significant issue.[6]

1.8It is deeply concerning that Minister Rowland didn’t want to cause panic and wanted to be able to say that mobiles still connect.[7]

1.9It would appear Minister Rowland was so concerned with providing specific information to the public she exercised poor judgment by failing to disclose to the public there were concerns over their ability to access Triple Zero from Optus mobile devices.

1.10Less than an hour after the Minister was advised there were issues, she fronted the public and misled them regarding their ability to access Triple Zero services from Optus mobile devices.

1.11This raises serious questions about not only Minister Rowland’s ability to ensure telecommunications reliability and public safety, but also concerns that the Minister was so focused on stating '… that mobiles will still connect'.[8]

1.12She created a situation where the public servants from the Department did not feel comfortable providing frank and fearless advice to their Minister.

1.13This was either a critical failure in communications between the Department and Minister Rowland, or the Minister for Communications wilfully misled the Australian public regarding their access to Triple Zero services that could have jeopardised lives.

1.14Ensuring the reliability of Triple Zero services is paramount, yet the Optus Network outage exposed severe lapses in preparedness and response.

1.15Public confidence in the government’s ability to manage critical infrastructure is contingent on transparent and timely communication, especially during crises. The perception of disorganisation and the lack of a clear, authoritative response from the Minister's office added to public frustration and anxiety.

1.16The Department’s apparent awareness of the inability to access Triple Zero from Optus mobile devices, together with questions over whether Mr Grunhald did in fact advise the Minister prior to her 11.00 am press conference, raises concerns about both Minister Rowland and the Department’s accountability and transparency.

1.17Evidence suggests either the Department knew Optus mobile devices were unable to access emergency services during the outage and failed to advise their Minister in a timely manner, or the Minister had been advised on the 10.10am teleconference with Telstra and had misled the public in her 11.00am press conference.Either option is a damning indictment of Minister Rowland and a culture of fear or, ironically, a failure in communications within the department to provide frank and fearless advice.

1.18The Optus network outage and the failure to ensure access to emergency services during the outage, coupled with the Department’s apparent prior knowledge of the issue, paints a picture of a Ministry that is more concerned with damage control than with safeguarding the public interests.

1.19It is also worth recalling the evidence of Mr James Parker, whose submission to the Optus inquiry highlighted the fact that he had warned the Minister for Communications of the looming problems of 4G phones being unable to call the triple-zero service.This was many months before the Minister’s eventual announcement of the problem, in March 2024. In his submission, Mr Parker stated:

In early June [2023] I contacted the Communications Minister Hon Michelle Rowland via email regarding this issue and I did not initially receive a response. However, 4 months later after following up through my local member a few times I did end up receiving a response late in September. … Based on the letter I received and the recent events its clear there is lack of oversight from the Government regarding both the 3G Switch-off issue and the telecommunications sector more broadly.[9]

1.20We know from a response to Senate Estimates question on notice that the Government referred Mr Parker’s submission to an external consultancy, Nova Systems, for advice.[10] However, it would not be until 17 March 2024 that the Minister would finally reveal there was a problem with the 3G switch-off impacting calls to triple zero services on 4G devices.

1.21Together with her initial actions on the day of the Optus outage, as set out earlier, we see a pattern of a lack of transparency and failure of action to ensure Australians received the correct advice on critical communications matters.

Footnotes

[1]Department of Infrastructure, Transport, Regional Development, Communications and the Arts, FOI 24-166, 10 January 2024.

[2]Department of Infrastructure, Transport, Regional Development, Communications and the Arts, FOI 24-166, 10 January 2024, p. [14].

[3]Tom Williams, Two weeks since the Optus outage, documents show backroom scrambling and urgent meetings occurred as the emergency played out, ABC News, 22 November 2024 (accessed 27 September 2024).

[4]Department of Infrastructure, Transport, Regional Development, Communications and the Arts, FOI 24-166, 10 January 2024, p. [10].

[5]Department of Infrastructure, Transport, Regional Development, Communications and the Arts, Question on Notice SQ24-000023, Senate Environment and Communications Legislation Committee Additional Estimates 2023–24, 13 February 2024 (received 5 April 2024).

[6]Department of Infrastructure, Transport, Regional Development, Communications and the Arts, FOI 24-166, 10 January 2024, p. [10].

[7]Department of Infrastructure, Transport, Regional Development, Communications and the Arts, FOI 24-166, 10 January 2024, p. [14].

[8]Department of Infrastructure, Transport, Regional Development, Communications and the Arts, FOI 24-166, 10 January 2024, p. [14].

[9]Mr James Parker, Submission 34, p. 6.

[10]Department of Infrastructure, Transport, Regional Development, Communications and the Arts, Question on Notice SQ24-000858, Senate Environment and Communications Legislation Committee Budget Estimates 2024–25, 19 June 2024 (received 19 July 2024).