Improper Use of an Emergency Call Service in the Australian Capital Territory – is it a Crime?

Prank Calls to 000? Think again.

The Law of Improper Use of an Emergency Call Service in the Australian Capital Territory.

The improper use of an emergency call service, such as 000, is a criminal offence in the Australian Capital Territory. It is punishable by a maximum sentence of imprisonment for three years, as well as a hefty fine in many cases.

However, what exactly does improper use mean? The answer to this question, as well as several others you might have, will be clarified in the sections below.

What the Law States

Under Section 474.18 the Criminal Code 1995, a person can be found guilty of the improper use of an emergency call service if the person made a call to an emergency service number and any of these three conditions are met:

1. The person did so with the intention of inducing a false belief that an emergency exists; or
2. The person did so otherwise than for the purpose of reporting an emergency and the call is a vexatious one.

For a call to be considered vexatious, a court will look into the nature of the call and its contents, any past calls the person has made to emergency services for purposes other than to report an emergency, and any other factors that it considers relevant.

The maximum penalty for this crime is a maximum of imprisonment for three years.

What This Means For You

The law clearly indicates that this type of offence can carry very serious consequences. Rightfully so, in our opinion. The misuse of these types of emergency phone services can lead to disastrous results.

Nuisance and hoax calls can activate emergency response services for no good reason at all, reducing the first responders’ capacity to address genuine emergencies. These types of calls also occupy telephone lines that can prevent real emergency calls from being answered. Both of these situations can have serious repercussions.

Unfortunately, nuisance and hoax calls are still a prevalent problem in the ACT. In an interview with The Canberra Times, an emergency dispatcher claimed that nine out of ten calls he receives are not actual emergencies. It should be noted that dispatchers are usually not allowed to terminate any type of call, which indicates that a worryingly high number of the calls they receive are wasting resources and potentially jeopardising lives.

Additionally, you should be reminded that emergency call services, such as 000, are reserved for strictly emergency situations that need immediate attention. This means that reporting a crime that you allege already happened in the past or requesting help for a non-life-threatening situation should be diverted to the more appropriate telephone numbers.

Conclusion

Ultimately, it is up to your best judgment to determine whether or not a situation constitutes calling Triple Zero or other similar emergency phone services. Keep in mind, however, that any call you make can potentially be preventing someone else from doing the same and may constitute a criminal offence.

If you are looking for more legal information or for an experienced, dedicated criminal lawyer in the Australian Capital Territory or surrounds, reach out to us today. We are leading criminal lawyers serving Canberra, Queanbeyan, Wollongong, Goulburn and surrounding locations in Australia. If you’ve been charged, contact us and let us fight fearlessly for you. We know what to do next in your case to get you the best possible outcome.