Compliance Framework
Compliance Driver
Spam Act 2003 (Cth)
Classification
Level 2
University-wide requirement. Lower impacts.
Associated Legislation
None
Associated Standards
None
Associated Codes
None
Associated Information
None
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Administrative Information
Administrative Body
Australian Communications and Media Authority
Administrative Name
Administrative Address
Administrative Phone
1300 850 115
Administrative Email
info@acma.gov.au
Administrative Website
http://www.acma.gov.au/
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General Introduction
VC Compliance Delegate
Meredith Parry, Chief Operating Officer
Compliance Coordinator
Timothy Mannes, Chief Information Officer
Business Units Impacted
Overview
The Spam Act 2005 regulates the sending of commercial electronic messages - by email, SMS, MMS or instant messaging. The University sends a variety of commercial electronic messages to UNE Representatives, current and former students, and others for the purpose of carrying out its functions.
Compliance Obligations
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Educational institutions
Description
Under section 4 - Educational institutions (Schedule 1 - Designated commercial electronic messages)
The University, an an educational institution with an exemption under the Act from ss 16 & 18 (i.e. consent and unsubscribed button), can send "designated Commercial Electronic Messages", and must ensure:
(a) the sending of the message is authorised by the University, and noted to be so within the message; and
(b) either or both of the following subparagraphs applies:
(i) the relevant electronic accountâ€'holder is, or has been, enrolled as a student in that institution;
(ii) a member or former member of the household of the relevant electronic accountâ€'holder is, or has been, enrolled as a student in that institution; and
(c) the message relates to goods or services; and
(d) the University is the supplier, or prospective supplier, of the goods or services concerned.
The University must ensure identifying information about the University is contained within the message (s17).
Note: These messages must not contain any links to other third-party commercial websites, including services provided by affiliated bodies, such as a University Union or bookshop â€" as such emails about these are not afforded the same exemption.
Impacts
Civil penalty provisions
Responsible Manager
Jennifer McDonell, Executive Principal Student Experience
Coordinating Officer
Jennifer McDonell, Executive Principal Student Experience
Coordinating Unit
Student Experience
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
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Sending Commercial Electronic Messages
Description
Under sections 16-18 (Part 2 - Rules about sending commercial electronic messages) the University, when sending a "commercial electronic message (e.g. general promotion of University Programs, invitations to University events, special offers) that (a) has an Australian link; and (b) is not a designated commercial electronic message (i.e. factual), must ensure it has consent (s16) from the relevant electronic accountâ€'holder, identifying information about the University within the message (s17), and contains a functional un/subscribe button (s18).
Impacts
Civil penalty provisions
Responsible Manager
Bryn Griffiths, Executive Principal Brand Partnerships and Business Development
Coordinating Officer
Bryn Griffiths, Executive Principal Brand Partnerships and Business Development
Coordinating Unit
UNE Marketing
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
Compliance Overview