(1) This Procedure has been written to ensure that the University complies with the provisions of the Spam Act 2003 (Cth) ("The Act") when sending emails to Staff and Students. (2) This Procedure sets out a framework for managing University email lists in accordance with the Act. This Procedure is an adjunct to the University's policies on the use of email set out in the Computer and Internet Acceptable Use Policy and the Email Distribution List Policy. (3) All email messages that you send from your University email account must comply with the Act. You must be aware of the requirements of the Act. (4) Under the Act you must include accurate and up to date contact details in every message you send. (5) The Act distinguishes between commercial and factual electronic messages. Under the Act, whether or not a message is a commercial electronic message will be determined by the purpose for which it was sent. For example, the following would be commercial electronic messages: (6) The Act applies to the sending of all electronic messages, but is particularly relevant to the sending of commercial electronic messages to email address lists. Under the Act you may send a commercial electronic message only if: (7) Under the Act you must not supply, acquire or use "address-harvesting software" or use address lists generated from this software. "Address-harvesting software" is software that searches the Internet for email addresses. For further details, see the Act. (8) The sending of any emails outside of these guidelines is not authorised by the University and you may be held liable for any breach of the Act if you send such emails. You must therefore take appropriate action to ensure that your emails comply with the Act. (9) The Act sets financial and other penalties depending on the severity of the breach of the Act. For further details, see the Act. (10) Two types of lists can now be set up for use within the University: (11) Voluntary membership lists must be used for commercial messages. The Act exempts Universities for commercial messages about their services sent to current or former students (under the Act these are called "designated commercial electronic messages"). These can be sent using a mandatory membership list. Commercial messages about the services provided by affiliated bodies, such as the University Union or Bookshop, are not exempt. (12) Mandatory membership lists may be used for: (13) Links to pages within the University website can be included in messages unless the primary purpose of linking to the web page is to promote, sell or advertise goods or services for which the recipients of the message are asked to pay. (See Section 6 – Appendix A for a table showing how these types of lists relate to the Act requirements) (14) To ensure compliance with the consent provisions of the Act, Staff who maintain such lists should: (15) Unless otherwise indicated, this Procedure will still apply beyond the review date.Spam Act Compliance Procedure
Section 1 - Introduction
Section 2 - Scope
Section 3 - The Requirements of the Spam Act
Section 4 - University Email Lists
Section 5 - Non-University Lists (including Learned Societies and Professional Bodies)
Section 6 - Appendix A: Summary of Spam Act Requirements and Types of Emails
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Spam Act Category
University Email List Category
Description
Unsubscribe Required?
Consent
Contact Details
Examples
Factual electronic message
Mandatory membership list that cannot be unsubscribed from. To be used for delivery of University information to students and staff.
The primary purpose of the message is to communicate facts, NOT to to promote, sell or advertise goods or services.
No
Not required
All mail must contain accurate contact details of the sender
Commercial electronic message
Voluntary membership list that can be used to advertise goods and services to staff and students.
Messages primarily intended to promote, sell or advertise goods or services, or to link to sites that do.
Yes
All mail must contain accurate contact details of the sender
Designated Commercial electronic message
Mandatory membership list can be used
No
Not required
All mail must contain accurate contact details of the sender
Section 7 - Appendix B: Confirmation of Consent Message
Section 8 - Appendix C: Unsubscribe Message for each Email
To unsubscribe from this email list, and no longer receive the messages sent to members of the list, please click on the following link: [LINK]
Section 9 - Review
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See Section 7 – Appendix B for a template “confirmation of consent" message.
See Section 8 – Appendix C for the unsubscribe text that should be included in every email.
Top of PageMail to all staff about Enterprise Bargaining.
Mail to a group of students about course requirements
Required, but initial consent can be inferred for staff and students based on relationship with University.
Consent should be written into the agreements signed on enrolment and appointment.
Mail from affiliated body, eg Student Union, with links to ACU site.
Inside ACU email newsletter to all staff (contains links to commercial sites, can contain commercial offers)
Applies only to emails about University goods or services sent to current or former students or members of students’ households.
(Mail to staff or from affiliated bodies is not included in this category)
University mail to alumni advertising post-graduate programs.
(Mail from the Student Union about Union Services is not exempt)
This email has been sent to you on behalf of (INSERT NAME OF GROUP or SOCIETY) by (NAME and position)
The purpose of writing to you is to confirm that you wish to continue to subscribe to our mailing list, and receive information via email, including newsletters, invitations and other communications from this email address.
To remain on our distribution list you do not need to do anything. If you do not reply, we will continue sending you relevant information.
If you would prefer not to receive further messages from us please click on the following link; Please note that you can unsubscribe at any time.