Introduction

Prank calls to emergency services might look like a bit of cheeky fun, but in Australia, that’s a big no-no with some pretty serious consequences. According to section 474.18 of the Criminal Code 1995 (Cth), messing about with emergency call services is a Commonwealth offence and it doesn’t end on a good note. Penalties are hefty, so it’s best to steer clear and keep that kind of mischief for something less troublesome. Did you know that during one year, almost 70% of calls made to emergency lines were not legitimate emergencies? Imagine tying up the line when someone genuinely needed help—now, that’s something to think about! Think about how a simple action could block someone in a real bind from getting through. Knowing this might make you ponder about the little things that make a big difference and why understanding this law is pretty important.

This guide will explain the offence of improperly using emergency call services, including making hoax calls and false reports to emergency services. It will also detail the penalties for such misuse, which can range from substantial fines to imprisonment, highlighting why making hoax emergency calls is a serious matter under Australian criminal law.

What is an Emergency Service Number?

An emergency service number is designated for public use during emergencies to request immediate assistance from Police, Fire, or Ambulance services. In Australia, the primary emergency call service number is Triple Zero (000). Secondary emergency call service numbers include 112 and 106. It is important to note that numbers for local service stations are not considered emergency service numbers.

Defining a ‘Hoax Call’ and False Reporting

A ‘hoax call’ in the context of emergency services refers to intentionally reporting a non-existent emergency. This includes situations where someone makes a call to an emergency number, such as Triple Zero, and deliberately reports an emergency that is not actually happening. Making false reports to emergency services or police can range from reporting a minor, non-existent incident to fabricating major incidents. These false reports can result in significant responses from emergency teams.

What Constitutes a ‘Vexatious Call’?

A ‘vexatious call’ to emergency services is defined as a call made without proper justification that is intended to harass, annoy, or frustrate the recipients. It is a misuse of the emergency call system, even if an emergency is not falsely reported. To determine if a call is vexatious, courts may consider various factors, particularly the content of the call itself. They may also review the frequency of previous calls made by the alleged offender to emergency services and the nature of those calls.

Penalties for Improper Use of Emergency Call Services in Australia

Criminal Penalties: Imprisonment and Fines

Making hoax or improper calls to emergency services in Australia is a criminal offence under Commonwealth law. This offence is not treated as a minor matter, and those found guilty can face significant penalties. The maximum penalty for the improper use of an emergency call service is imprisonment for up to three years. In addition to imprisonment, offenders may also be subject to substantial fines. For instance, fines can reach up to $75,600. These penalties reflect the seriousness with which the legal system views the misuse of emergency services.

Summary Jurisdiction and Reduced Penalties

Cases involving improper use of emergency call services can sometimes be dealt with in a summary jurisdiction, such as a local court. This occurs if all parties involved agree to have the matter resolved in this manner. When a case is handled in summary jurisdiction, the maximum penalties are reduced compared to those in higher courts. In such cases, the maximum term of imprisonment is reduced to 12 months. The fine amount is also lowered to a maximum of $12,600. This option for summary jurisdiction provides a less severe avenue for dealing with these offences, under certain conditions.

Types of Penalties Under Commonwealth Law

As improper use of emergency call services is a Commonwealth offence, sentencing falls under Commonwealth sentencing laws. A range of penalties can be applied by the courts. These penalties include various options beyond just imprisonment and fines. The types of penalties available are:

• Dismissal without conviction: In some cases, a court may choose to dismiss the charges without recording a conviction.
• Conditional release orders: These orders involve releasing the offender under certain conditions, which must be adhered to.
• Fines: Financial penalties are a common outcome, requiring the offender to pay a specified amount.
• Recognisance release orders: These are similar to suspended sentences, where a sentence of imprisonment is suspended on the condition of good behaviour.
• Imprisonment: A jail sentence is a possible penalty, particularly for more serious or repeated offences.

In addition to these Commonwealth penalties, other sentencing options available in the specific state or territory where the case is heard may also be considered.

How Emergency Services Trace Hoax Calls

Technology to Identify Callers

Emergency call services utilise technology to identify individuals who improperly use emergency call services. These technologies enable them to determine the phone number and address from which a call is placed. Law enforcement agencies can also formally request personal details and identifiers, such as IP addresses, from telecommunication providers to further trace the origins of these calls.

Tracing calls from both landlines and mobile phones is generally possible for emergency services. Police often take active steps to identify individuals making improper calls as a deterrent to prevent the misuse of emergency services and the wasting of police time. As technology evolves and methods of masking calls become more sophisticated, law enforcement agencies are continually advancing their tracing methods to effectively identify the source of fraudulent calls.

When a Triple Zero call is made, if the operator receives no response, the call may be transferred to the police, especially in cases of repeated calls. Police may then attempt to return the call to the number from which the emergency call was placed, or even dispatch officers to the billing address associated with the phone number. While the caller’s location is not automatically provided to the initial operator, advancements are being made, such as Telstra’s move to an IP-based emergency call platform, which aims to incorporate technologies like Advanced Mobile Location (AML) to make caller location data available.

Defending Against Charges of Improper Use

Possible Legal Defences

Individuals facing charges for the improper use of emergency call services have several potential legal defences available to them. These defences aim to challenge the prosecution’s case by disputing key elements of the offence. It is important to note that the success of any defence depends on the specific circumstances of each case and requires careful consideration of the evidence.

Possible defences include:

• Denying making the call: A primary defence is to argue that the accused person did not make the call to emergency services. This defence is particularly relevant in situations where there is doubt about who made the call, or if there is evidence suggesting the call was made by someone else, potentially without the accused’s knowledge or consent.
• Challenging the ’emergency service number’ aspect: Another defence is to argue that the call was not made to an emergency service number. For example, if the call was mistakenly placed to a non-emergency number, this could negate the charge of improperly using an emergency call service. Numbers for local service stations are not considered emergency service numbers.
• Asserting intention to report a genuine emergency: A defence can be mounted by arguing that the accused person genuinely intended to report an emergency. If the person believed there was a real emergency, even if that belief was mistaken, it could undermine the element of intentionally making a hoax call or false report.
• Disputing the intention to make a hoax call: It can be argued that there was no intention to make a hoax call. If the call was made for a different reason, without the intent to deceive or create a false belief of an emergency, this could serve as a defence.
• Contesting the ‘vexatious’ nature of the call: If the charge involves making a vexatious call, a defence can be built around arguing that the call was not actually vexatious. This involves demonstrating that the call was not made to harass, annoy, or frustrate emergency services, or that there was some proper basis for the call, even if it was not strictly an emergency.
• Necessity or duress: In certain situations, the defence of necessity or duress might be applicable. This could be argued if the person was compelled to make the call due to an unavoidable threat or circumstance, removing the element of voluntary improper use.
• Accidental hoax call: It may be argued that the call was an accidental hoax call. If the false report or improper use was unintentional and resulted from a genuine mistake or accident, this could be a valid defence.

Conclusion

Making hoax calls or improperly using emergency call services in Australia is a serious criminal offence under Commonwealth law. This misuse ties up critical resources and can endanger lives by diverting emergency services from genuine emergencies. The penalties for such actions are significant, including substantial fines and imprisonment, reflecting the gravity of these offences and the importance of ensuring emergency services are available for those in genuine need.

If you or someone you know has been accused of improperly using emergency call services, it is crucial to understand your legal rights and options. For unparalleled expertise and dedicated support in navigating these serious charges, contact our team of criminal defence lawyers at Daoud Legal today for a consultation and ensure your defence is robust and effective.

Frequently Asked Questions