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The outage on Wednesday disrupted Triple Zero emergency calls, train services, and payment systems. The Telecommunications Industry Ombudsman can order payouts up to $100,000, while the company faces a formal investigation and a Senate inquiry.
The outage on Wednesday cut hundreds of people off from Triple Zero, knocked out train services in Victoria and NSW and brought down payment systems across the country. The disruption rolled into a secondary outage on Thursday, continuing to cause Triple Zero connection errors and leaving V/Line regional trains in Victoria suspended for a second day.
This masthead first revealed the outage was likely to have been caused by a server that had reached the end of its supported life almost a decade ago and was never replaced, despite newer devices costing less than $30,000.
Australians who lost income or could not reach critical services during last week’s Telstra outage may be entitled to compensation of up to $100,000, but the industry’s ombudsman has urged the company to offer payments across the board to avoid customers having to apply individually.
The nation’s largest telco also faces the spectre of a class action over the failure, according to a network of law firms, and a push from consumer advocates for fixes to what they call the country’s “woefully inadequate” compensation laws. Hayder Shkara, director of the Justice Network, an alliance of 11 boutique law firms, said the outage was far more than an inconvenience for those who rely on a connection to earn a living.
He said the sheer number of people affected opened the door to a co-ordinated legal action. Telstra, Optus and other telcos largely exclude themselves in their contracts from liability for indirect, economic or consequential losses caused by outages.
The main exception is Triple Zero failures, which carry penalties of up to $30 million per breach.
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Ombudsman Cynthia Gebert said the true scale was not yet clear because customers must first try to resolve a complaint directly with their telco. The ombudsman can handle claims from individual consumers, as well as small businesses and not-for-profits, and can order compensation of up to $100,000 for financial loss, and up to $1500 for unusual stress or inconvenience.
Gebert urged Telstra to consider a standard payout for those affected. “When an outage impacts multiple customers, we encourage telcos to consider setting a standard compensation offer,” she said. Australian Communications Consumer Action Network chief executive Carol Bennett warned Telstra against a token response.
Bennett said the burden of proof on customers was unreasonable. Telstra would not say how many customers had applied for compensation, but said it had published forms for consumers and small businesses to seek payments. Telstra chief executive Vicki Brady apologised again in an email to customers on Monday.
The telco also faces a formal investigation by the Australian Communications and Media Authority into whether it met its obligations, carrying civil penalties of up to $30 million per breach. A Senate inquiry into the outage, the third investigation called into the failure, will on Friday examine whether any underinvestment in technology by Telstra contributed to the outage.
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