Compliance Overview

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
Return to Top 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/
Return to Top General Introduction
VC Compliance Delegate Jo Scanlan, Chief Operating Officer
Compliance Coordinator Angie Hendrick, Chief Information Officer
Business Units Impacted
  • Corporate Communications and Events
  • Office of the Chief Operating Officer
  • Office of the Vice-Chancellor and CEO
  • Technology and Digital Services
  • UNE Brand Marketing and International Strategy
  • UNE International
  • UNE Marketing
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

Return to Top 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 Richard Dobek, Executive Principal Student Experience
Coordinating Officer Richard Dobek, 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
 
Return to Top 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