Mandatory Requirements

This page provides a listing of all the topics for which there are mandatory requirements for Australian Government agencies.

Whilst this site aims to make clear the relevant legal and policy requirements, agencies should be aware that they also have other broader obligations (eg financial management, procurement, etc) that may be applicable to the online environment.

Also, a CEO is required to manage the affairs of the agency in a way that promotes proper use of Commonwealth resources as outlined in the Financial Management and Accountability Act 1997 and the Commonwealth Authorities and Companies Act 1997. An important step in demonstrating accountability is to plan and evaluate all web and content projects.

This listing supplements any agency specific guidelines relating to websites, it does not replace them.

Domain Names - Naming Your Site

A domain name is an address used to identify and locate computers and web pages on the internet.

Why Must I?

The Government Domain Policies facilitate the registration and administration of domain names used by Australian, State, Territory and Local Government jurisdictions. The body responsible for setting these policies is the Ministerial Online Council, which operates as the peak ministerial forum across governments for consultation and coordination on the information economy.

How Do I?

Who Can Help?

Australian, State and Territory Government Domain Name Providers
Web: Domain Name - Contact Us

What's Related?

Departmental Websites

Departmental websites are required to be differentiated from Ministerial websites; however some of the content presented on each may be similar.

Why Must I?

In accordance with the Values in the APS as set out in section 10 of the Public Service Act 1999, departmental websites are required to be impartial and apolitical.

How Do I?

See the Guidelines for Ministerial and Departmental Websites.

Specific guidelines apply before elections - Guidance on Caretaker Conventions - (187kb PDF) (Department of the Prime Minister and Cabinet).

Who Can Help?

For assistance contact:

Web Publishing
Tel: (02) 6215 1653
webpublishing@finance.gov.au

What's Related?

Ministerial Websites

Ministerial websites come in two forms: sites presenting the Minister on behalf of the department and the Minister's personal site presenting affiliations with political parties and ideals. These sites must be differentiated from one another and from the Departmental site even though they may share similar content.

Why Must I?

In accordance with the Values in the APS as set out in section 10 of the Public Service Act 1999, agencies are required to be impartial and apolitical.

How Do I?

See the:

Specific guidelines apply before elections - Guidance on Caretaker Conventions - (187kb PDF) (Department of Prime Minister and Cabinet).

Who Can Help?

For assistance contact:

Web Publishing
Tel: (02) 6215 1653
webpublishing@finance.gov.au

What's Related?

Transactional Websites

Transactional websites allow information, communication and business transactions to be conducted using electronic and internet technology.

Why Must I?

The Electronic Transactions Act 1999 creates a regime for using electronic communications in transactions. The Act gives business and the community the option of using electronic communications when dealing with Government agencies.

How Do I?

Who Can Help?

For assistance contact:

Information Law Branch (Attorney-General's Department)

What's Related?

Marketing and Advertising

Maximising the benefit of ICT investment is a high priority. The effective marketing of e-government services and products not only contributes to their successful development, but also helps optimise customers' and stakeholders' level of awareness, acceptance and usage of e-government products and services.

Tell Me About?

What is marketing?

'Marketing' is not the same as 'selling' or 'advertising'. Marketing has been defined as:

'The process of planning and executing the conception, pricing, promotion and distribution of ideas, goods, and services to create exchanges that satisfy individual (customer) and organisational objectives.'

Marketing is often considered to be based on the 'Four P's': product, position, price and promotion. In terms of online service delivery, it means:

  • Product - developing the right online service and presenting it in ways that meet users' needs.
  • Position - making the service available to users when they need it and where they expect to access it.
  • Price - minimising the time and effort required to access the service online.
  • Promotion - informing potential users of the availability of the service and encouraging them to use it.
Why market online services?

The marketing of online government services can help to:

  • Develop or redevelop services to better meet user needs.
  • Change the behaviours of clients using alternative service delivery mechanisms, such as call centres or shopfronts, by providing them with information online. Clients will then be less likely to use the alternative mechanisms for basic information enquiries.
  • Reduce organisational costs by reducing user traffic in other service delivery channels, such as shopfronts.
  • Empower users by informing them of alternative service delivery channels. Users can then choose the most appropriate service delivery channel.

How Do I?

Marketing:

Who Can Help?

For assistance on marketing e-government contact:

Better Practice
Australian Government Information Management Office
Department of Finance and Deregulation
better.practice@finance.gov.au

Or try the Marketing e-Government Discussion List.

Branding

The Australian Government branding design guidelines have been developed to help departments and agencies ensure the Australian Government Design is consistently applied.

The Australian Government Design

An example of the Australian Government Design.

Tell Me More?

The intention of common Australian Government branding is to:

  • strengthen the identity and visibility of the Australian Government's online presence.
  • ensure citizens know when they are at an Australian Government web site.
  • reduce the complexity of government structure, creating a simple memorable identity for citizens.

Why Must I?

In June 2003, the Australian Government decided that common branding would apply to all Australian Government departments and agencies.

This Design guidance applies to all Australian Government departments and agencies, except in cases where the Department of Prime Minister and Cabinet has approved an exemption. Agencies exempt from the Design guidance should still apply guidance provided in respect of metadata and content.

How Do I?

Guidelines for online use

This site provides guidance on online implementation including information on:

Guidelines for offline use

The Awards and Culture Branch of the Department of the Prime Minister and Cabinet is responsible for the use of Australian Government Branding in the offline environment.

We suggest that officers implementing the branding decision in the online environment liaise with officers responsible for offline implementation to ensure consistent implementation within departments and agencies.

Who Can Help?

For assistance contact:

Web Publishing
Tel: (02) 6215 1653
webpublishing@finance.gov.au

What's Related?

National Symbols

National symbols include the Commonwealth Coat of Arms; the Australian National Flag; and our floral emblem, the golden wattle.

Why Must I?

The Commonwealth Coat of Arms is used to identify Commonwealth authority and property.

How Do I?

Who Can Help?

For assistance contact:

Awards and Culture Branch
Department of the Prime Minister and Cabinet
Phone: (02) 6271 5601
Web: It's an Honour

What's Related?

Copyright is a type of legal protection for people who express ideas and information in certain forms. The most common forms are writing, visual images, music and moving images.

Tell Me More?

Most of the content items incorporated in a web page are protected by copyright. For example:

  • text (protected as a ‘literary work’);
  • graphic icons (protected as ‘artistic works’);
  • charts and tables of information;
  • moving images may be protected as a ‘cinematograph film’;
  • recorded sounds may be protected as a ‘sound recording’.
Multimedia elements likely to be eligible for copyright protection include:
  • text (as a ‘literary work’);
  • artwork (as an ‘artistic work’);
  • moving images (provided they meet the definition of ‘cinematograph film’);
  • recorded sounds (as a ‘sound recording’);
  • computer programs.

Given the ease of access to different web sites and the ability to download and further reproduce and disseminate content, the right of reproduction is the right most regularly infringed by users of the internet.

The misconception that material on the internet is copyright-free may also contribute to copyright infringement.

If content is placed by a copyright owner on an internet site, the reasonable inference, unless otherwise expressed, is that users can access that content and download it. A copyright notice is therefore essential to advise users of their responsibilities.

Why Must I?

Copyright is an exclusive right granted by the Copyright Act 1968 to make copies of copyright material. This material includes books, music, plays, art, film broadcasts and software. With certain exceptions listed in the Act—fair dealing for the purposes of research, study, criticism, review, reporting news, etc. It is an infringement of copyright to reproduce material without permission.

How Do I?

The Commonwealth Copyright Administration (CCA) is responsible for the management of copyright in published materials on behalf of Commonwealth agencies. The CCA:

  • responds to requests from the public to reproduce Commonwealth copyright material
  • provides administrative advice on the management of copyright materials to Commonwealth agencies.
Commonwealth copyright notice - internet template

© Commonwealth of Australia [add year of release of home page or electronic document]

This work is copyright. You may download, display, print and reproduce this material in unaltered form only (retaining this notice) for your personal, non-commercial use or use within your organisation. Apart from any use as permitted under the Copyright Act 1968, all other rights are reserved. Requests and inquiries concerning reproduction and rights should be addressed to Commonwealth Copyright Administration, Attorney General’s Department, Robert Garran Offices, National Circuit, Barton ACT 2600 or posted at http://www.ag.gov.au/cca.

Using copyright material

Authors intending to use copyright material in their own publication—including Commonwealth of Australia copyright material—must seek prior permission from the copyright holder, and should not wait until close to the time of publishing, as it may take over a month to receive an answer. To avoid delays in the publishing schedule, permission should be sought as soon as the material has been identified and intended for use.

Legal issues about copyright

If there are restrictions on copying or use, make these clear.

Digital technology and its use in the distribution of information poses many challenges to the protection and enforcement of copyright. Of particular concern are the questions of liability for content which may infringe copyright, be defamatory or misleading.

It is advisable to obtain permission from the copyright owner of another site to link to that site. In addition, clarify for users what elements from another site have been authorised by the owner of copyright in that material. A disclaimer concerning information on linked sites may also be included on the home page.

Who Can Help?

For assistance contact:

What's Related?

Disclaimers

A disclaimer is a legal statement which says that the government agency authoring the disclaimer is not responsible for any mishap in the event of using whatever object or information the disclaimer is attached to.

The disclaimer may refer to information on the site and/or linked sites.

Why Must I?

The use of disclaimers was mandated as part of the 2000 Government Online Strategy.

How Do I?

Important: There are no Australian Government templates for disclaimers.  It is recommended that you seek legal advice to develop a disclaimer particular to your circumstances.

A disclaimer should have some prominence so that a site visitor has a reasonable chance of seeing it.

Examples of disclaimer wording are:

  • This material is general in nature. It is made available on the understanding that the Commonwealth is not thereby engaged in rendering professional advice.
  • Before relying on the material in any important matter, users should carefully evaluate its accuracy, currency, completeness and relevance for their purposes, and should obtain any appropriate professional advice relevant to their particular circumstances.
  • In some cases the material may incorporate or summarise views, guidelines or recommendations of third parties. Such material is assembled in good faith, but does not necessarily reflect the considered views of the Commonwealth, or indicate a commitment to a particular course of action.
  • Links to other web sites are inserted for convenience and do not constitute endorsement of material at those sites, or any associated organisation, product or service.

The use of disclaimers does not absolve an agency of its responsibility for:

  • maintaining accurate information on its site
  • keeping evidence, in the form of records, of which information was displayed on its site and at what time.

Who Can Help?

It is recommended that you seek legal advice to develop a disclaimer particular to your circumstances.

What's Related?

Freedom of Information

Freedom of information extends the right of every person to access to information in the possession of the Australian Government and its authorities. It is limited only by exceptions necessary for the protection of essential public interests and the private and business affairs of those about whom government agencies collect and hold information.

Why Must I?

The Freedom of Information Act 1982 (FOI Act) affects agencies in two ways:

  • it requires Commonwealth agencies (Departments and authorities) to publish information about their operations and powers affecting members of the public as well as their manuals and other documents used in making decisions and recommendations affecting the public
  • it requires agencies to provide access to documents in their possession unless the document is within an exception or exemption specified in the legislation.

How Do I?

Who Can Help?

For assistance contact:

Information Law Branch (Attorney-General's Department)

The Attorney-General's Department also maintains a list of Australian Government FOI Contact Officers at How to apply for information.

What's Related?

Intellectual Property (IP)

Intellectual property represents the property of your mind or intellect. Types of intellectual property include patents, trade marks, designs, confidential information/trade secrets, and copyright.

Why Must I?

The following Acts and Regulations provide the legislative basis for the patent, trade mark and design systems of Australia.

Administered by the Attorney General's Department:

Administered by IP Australia:

How Do I?

Who Can Help?

For assistance contact:

Attorney-General's Department:
Copyright Law Branch

IP Australia:
Phone: 1300 65 1010
Web: Contact IP Australia

What's Related?

Privacy and Privacy Statements

Privacy is the ability of an individual or group to stop information about themselves from becoming known to people other than those they choose to give the information to.

Why Must I?

Commonwealth Government agencies must comply with the Information Privacy Principles under the Privacy Act 1988. The Information Privacy Principles deal with all stages of the processing of personal information - setting out standards for the collection, use, disclosure, quality and security of personal information. The Information Privacy Principles are set out in section 14 of the Privacy Act 1988.

Better practice guidelines were mandated under the 2000 Government Online Strategy:

Under the Privacy Guidelines agencies should have a prominently displayed privacy statement:

How Do I?

The Privacy Guidelines for Federal and ACT Government Websites contain four guidelines with which an agency's website(s) must comply. The guidelines are:

Guideline 1 - Openness

Agency websites should incorporate a prominently displayed Privacy Statement which states what information is collected, for what purpose and how this information is used, if it is disclosed and to whom and addresses any other relevant privacy issues.

Guideline 2 - Collection of personal information via websites

Agencies that solicit or collect personal information via their websites must comply with IPPs 1-3. Agency website privacy statements should include a statement regarding this collection which complies with IPP 2. Where an online form is used to collect personal information, the statement should be on the same page as the form or prominently linked to it.

Guideline 3 - Security

If personal information is collected via an agency website this should be done by sufficiently secure means. Individuals should be provided with alternative means of providing personal information to the agency, other than via the website. The Privacy statement should address security issues where appropriate.

Guideline 4 - Publication

Where agencies are considering the publication of personal information regarding individuals on the web they should be sure that this complies with IPPs 1-3 and 10 and 11.

Privacy resources:

Spam resources:

  • Spam & e–Security (Australian Communications and Media Authority)
  • Spam (Department of Broadband, Communications and the Digital Economy)

Who Can Help?

Privacy:

Office of the Privacy Commissioner
Privacy Hotline: 1300 363 992
Email: privacy@privacy.gov.au

Spam:

Australian Communications and Media Authority
Web: Spam Act advice form

What's Related?

Online Content Requirements

The Online Content Requirements guarantee the public access to a minimum level of information across all Australian Government agencies.

Why Must I?

Departments and agencies are required to publish a range of public accountability information online.

The requirements below supersede the Online Information Service Obligations (OISOs) released in 2001. The OISOs were originally published as part of the 2000 Government Online Strategy.

How Do I?

Requirements:

For organisational websites, the following public accountability information must be available:

  • Information about the organisation including its role, legislation administered, functions, structure, key personnel and services.
  • Contact details for the organisation and the services it provides to the public.
  • Organisational planning and performance information, including but not limited to annual reports, strategic plans, service charters and portfolio budget statements.
  • File lists and contract information.
  • Agency and Ministerial media releases, speeches, and other public information such as public notices, warnings and advice.
  • New non-commercial agency publications, including reports submitted to Parliament, released in print or other formats.

For product, program and cross agency websites, the following public accountability information must be available:

  • Identification of the Australian Government Agency(s) responsible for managing the site and/or service contact details.

For government services, the following information must be available:

  • Contact details for government services.
  • Information that will help citizens to understand their responsibilities, obligations, rights and entitlements (benefits, grants etc.) in relation to government assistance.
  • Forms for public use (printable or online versions).
Advice
  • Reuse information and avoid duplication - where practicable, follow the principle of ‘create once, use many times’. For example, link to agency information stored in other repositories of government information. These include the legal information retrieval system (www.comlaw.gov.au), the Government Online Directory (www.directory.gov.au), www.australia.gov.au and www.grantslink.gov.au.
  • Provide information about ordering arrangements where an agency publication is not available online eg a commercial publication.
  • If it is not possible for a form to be made available online, then information about alternative ways of obtaining and completing the form are to be provided.

Who Can Help?

For assistance contact:

Web Publishing
Tel: (02) 6215 1653
webpublishing@finance.gov.au

What's Related?

Metadata (AGLS)

The AGLS Metadata Standard is a set of descriptive elements which government departments and agencies use to improve the visibility and accessibility of their services and information.

Why Must I?

Under the Government Online Strategy, departments and agencies are required to adopt the AGLS standard. The AGLS was published as Australian Standard (AS 5044) by Standards Australia in December 2002.

Harvest Control Lists are not required. The National Archives of Australia and AGIMO rescinded this requirement in 2006.

How Do I?

Who Can Help?

For assistance contact:

Agency Service Centre
National Archives of Australia
Email: recordkeeping@naa.gov.au
Tel: 02 62123610
Fax:  02 6212 3989

 

File Lists

Agencies must produce an indexed list of files every six months.  This list must be available on the agency website.

Why Must I?

All Australian Government departments and agencies are required to produce an indexed list of files every six months for tabling before parliament (Harradine motion). The list is intended to make the operations of government more transparent to the Australian public. Departments and agencies are also to list these files on their internet websites.

How Do I?

Who Can Help?

For assistance contact the Department of the Prime Minister and Cabinet.

What's Related?

Contracts Disclosure

Agencies should list a range of contracts on their website.

Why Must I?

In order to meet the Senate Order on Departmental and Agency Contracts agencies should list a range of contracts on the internet.

How Do I?

Who Can Help?

For assistance contact the Department of Finance and Deregulation.

What's Related?

Accessibility

Accessibility is a general term used to describe the degree to which a system is usable by as many people as possible without modification. Web pages often have access issues for people with disabilities or with technological constraints.

Australian Government departments and agencies are also required to maximise their use of new technologies by ensuring that their websites address access and equity issues for people from culturally and linguistically diverse backgrounds.

Tell Me About?

The Australian Government aims to achieve fairer and more accessible government services and programs through its Access and Equity Strategy. The strategy seeks to promote fairness and responsiveness in the design, delivery, monitoring and evaluation of government services in a culturally diverse society.

The Government's Access and Equity Strategy is guided by the Access and Equity Framework (Department of Immigration and Citizenship) formerly known as the Accessible Government Services for All Framework. It was developed in 2006 in consultation with Australian Government agencies, taking into account their ability to contribute both as separate portfolios and to whole-of government responses to the challenges faced by our culturally diverse nation.

Its four principles, and the corresponding performance indicators, address key responsibilities of government:
  • Responsiveness – Extent to which programs and services are accessible, fair and responsive to the individual needs of clients
  • Communication – Open and effective channels of communication with all stakeholders
  • Accountability – Effective and transparent reporting and review mechanisms
  • Leadership – A whole of government approach to management of issues arising from Australia’s culturally and linguistically diverse society.

The framework suggests strategies for the implementation of these principles. It aims to assist agencies to analyse their performance and better share good practice responses to challenges and opportunities.

Progress in implementing the Access and Equity Strategy is published in the Access and Equity Annual Reports (Department of Immigration and Citizenship).

Why Must I?

Under the Disability Discrimination Act 1992 agencies must ensure that people with disabilities have the same fundamental rights to access information as the rest of the community.

Under the Commonwealth Disability Strategy, (Department of Families, Housing, Community Services and Indigenous Affairs) Australian Government agencies are obligated to remove barriers which prevent people with disabilities from having access to their policies, programs and services.

Under the 2000 Government Online Strategy departments and agencies are required to comply with the Web Content Accessibility Guidelines 1.0 (World Wide Web Consortium).

Agencies must achieve level "A" conformance (all Priority 1 checkpoints are satisfied), and it is recommended that agencies achieve level "AA" conformance (all Priority 1 and Priority 2 checkpoints are satisfied).

The W3C guidelines explain how to make web content accessible to people with disabilities. However, following them will also make web content more available to all users. These guidelines do not discourage content developers from using images, video, etc., but rather explain how to make multimedia content more accessible to a wide audience.

The Web Content Accessibility Guidelines

The W3C guidelines provide a series of checkpoints that can be used to ensure that websites are accessible. Each checkpoint has a priority level assigned by the Working Group based on the checkpoint's impact on accessibility.

Priority 1

W3C states that a web content developer must satisfy this checkpoint. Otherwise, one or more groups will find it impossible to access information in the document. Satisfying this checkpoint is a basic requirement for some groups to be able to use Web documents.

Level of Compliance: The Human Rights and Equal Opportunity Commission's view is that compliance with the W3C WCAG 1.0 guidelines to the Single-A level is a minimum rather than a desirable outcome. Websites that demonstrate such compliance may still be difficult or impossible to access for many users with a disability.

Priority 2

W3C states that a web content developer should satisfy this checkpoint. Otherwise, one or more groups will find it difficult to access information in the document. Satisfying this checkpoint will remove significant barriers to accessing Web documents.

Priority 3

W3C states that a web content developer may address this checkpoint. Otherwise, one or more groups will find it somewhat difficult to access information in the document. Satisfying this checkpoint will improve access to Web documents.

How Do I?

The Human Rights and Equal Opportunity Commission provides information on World Wide Web Accessibility standards, guidelines, tools and techniques.

Government resources
Other resources

Who Can Help?

A list of workshops and training is available from HREOC - World Wide Web Accessibility.

For queries and assistance contact Human Rights and Equal Opportunity Commission - disabdis@humanrights.gov.au.

For further details regarding access and equity requirements, contact:

Multicultural Affairs Branch
Department of Immigration and Citizenship
access&equity@immi.gov.au

What's Related?

Alternative Formats and Media

In addition to meeting online accessibility requirements (eg W3C guidelines), agencies should be able to provide information in alternative formats when requested or required.

The Commonwealth Disability Strategy operates within a framework of legislation, including the Disability Discrimination Act 1992. The Strategy complements a number of other (including those of the Human Rights and Equal Opportunity Commission) to make information, particularly electronic information, accessible to people with disabilities.

Why Must I?

Note that agencies are required to report progress against the Commonwealth Disability Strategy in their annual reports.

How Do I?

Who Can Help?

For queries and assistance contact:

What's Related?

Archiving

Archiving is just the first step in a complex series of processes to ensure long-term access to government information in electronic formats. Preservation strategies must also be put in place so that electronic information will still be accessible into the future after multiple changes to hardware and software technology platforms have occurred.

Why Must I?

Under s. 24 of the Archives Act 1983 Australian Government agencies must retain or dispose of their records in accordance with instructions issued by the National Archives of Australia. The Act also establishes that the public generally has a right of access to Commonwealth records.

Under the 2000 Government Online Strategy departments and agencies are required to follow the principles outlined in Archiving Web Resources - A policy for keeping records of web-based activity in the Commonwealth Government (National Archives of Australia).

Related requirements

The Freedom of Information Act 1982 extends the right of every person to access to information in the possession of the Australian Government and its authorities.

Commonwealth agencies are bound by the Privacy Act 1988 to handle personal information in accordance with the Act's Information Privacy Principles.

The Electronic Transactions Act 1999 enables business and the community to use electronic communications in their dealings with government.

The Evidence Act 1995 requires that all agencies need to take account of evidence legislation. A court may need to examine records as evidence of an organisation's decisions and actions.

How Do I?

The National Archives provides practical advice on implementation and how to comply with the policy at:

Government resources
Standards

Who Can Help?

For assistance contact:

Agency Service Centre
National Archives of Australia
Email: recordkeeping@naa.gov.au
Tel: 02 62123610
Fax:  02 6212 3989

What's Related?