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?

Caretaker Conventions 

In the period preceding an election, the Australian Government assumes a caretaker role. The caretaker period begins at the time the House of Representatives is dissolved and continues until the election result is clear or, if there is a change of government, until the new government is appointed.

Why Must I?

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

How Do I?

During the caretaker period, agencies are required to undertake additional steps when managing their websites - Guidance on Caretaker Conventions - (187kb PDF) (Department of the Prime Minister and Cabinet).

The Online engagement tools and the Caretaker Conventions extends the Guidance on Caretaker Conventions to provide advice for agencies using Web 2.0 online engagement tools.

Who Can Help?

If further advice is required in relation to issues that arise during the caretaker period, agencies should contact the:

Government Division
Department of Prime Minister and Cabinet
Tel: (02) 6271 5399

For further information about the Online engagement tools and the Caretaker Conventions agencies can also contact:

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

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 - (PDF 187kb) (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:

Copyright 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
Tel: (02) 6271 5601
Web: It's an Honour

What's Related?

Copyright and Copyright Notices 

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?

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?

In the first instance, for all queries, contact the Freedom of Information officer within your department or agency.

For specific advice on Freedom of Information policy contact:

Privacy and Freedom of Information Policy Branch
Department of the Prime Minister and Cabinet
Email: pfoipb@pmc.gov.au

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 (IPP) 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.

What Content is Required on Government Websites?

Government Agencies are required to meet the Mandatory Requirements of the Web Publishing Guide on every government website. Furthermore, agencies are required to publish certain information on their websites.

For all websites, the following information must be available:

  • Identification of the Australian Government Agency(s) responsible for managing the website.
  • Contact details for the responsible agency.

Additionally, 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.
  • Organisational planning and performance information, including but not limited to annual reports, strategic plans, service charters and portfolio budget statements.
  • File lists and contracts 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 released in print or other formats.

Agencies are also required to publish all documents presented to parliament, including but not limited to, Government responses to committee reports, Ministerial statements, annual reports and other instruments.

Agencies are able to decide the most appropriate government website to host parliamentary papers. Often this is a departmental or agency website.

For government services, the following information must be available:

  • Information that will help citizens to understand their responsibilities, obligations, rights and entitlements (benefits etc.) in relation to government assistance.
  • Forms for public use (printable or online versions).
  • Government agencies must publish on their websites the details of all grants awarded, no later than seven working days after a funding agreement is signed by both parties.
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), and www.australia.gov.au.
  • Information about grants can be also linked on the Grants Link website: www.grantslink.gov.au managed by the Department of Infrastructure, Transport, Regional Development and Local Government.
  • Provide information about ordering arrangements where an agency publication is not available online e.g. 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.
  • Information about documents to be presented to the Senate, the House of Representatives, or to both Houses of the Parliament for their consideration can be found on the Prime Minister and Cabinet website.

Who Can Help?

For assistance contact:

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

For further information on publishing grants information contact:

Grants and Training Branch
Department of Finance and Deregulation
grants@finance.gov.au

For further information on documents tabled in parliament:

PM&C Tabling Officer
Department of the Prime Minister and Cabinet
Tel: (02) 6277 7212
tabling@pmc.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 6212 3610
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 

The Australian Government has endorsed the Web Content Accessibility Guidelines (WCAG) version 2.0 for all government websites. This requirement supersedes the previous mandate for compliance with WCAG 1.0.

The Minister for Finance and Deregulation, the Hon. Lindsay Tanner, MP, with Parliamentary Secretary for Disabilities and Children’s Services, The Hon. Bill Shorten, MP, have detailed the endorsement in a media release on 23 February 2010.

Advice on how to meet the new standard, including the full scope of the upgrade, will be made available shortly. In the meantime, agencies are encouraged to begin reviewing WCAG 2.0 for implementation.

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.

Accessibility of Australian Government websites was mandated as an opt-out arrangement by the Secretaries ICT Governance Board (SIGB) in December 2009. Compliance will be required at Level A by 2012, and Double A by 2015.

How Do I?

Government agencies will transition to WCAG 2.0 over a four year period, reaching level Single A within two years, and Double A within four years. A Transition Strategy will outline the process for implementation, and will address scope and inclusion issues. The Transition Strategy will be made available on the Web Publishing Guide in July 2010.

Agencies are reminded that it is still a requirement to publish an alternative to all PDF documents (preference for HTML or RTF). Advice on the accessibility support of PDF documents will be made available at the conclusion of the PDF Accessibility Review Project, due early 2010.

The Australian Human Rights Commission provides information on:

WCAG 2.0 Resources from the World Wide Web Consortium (W3C):

Who Can Help?

The Web Publishing Guide team can assist with WCAG 2.0 and web accessibility queries:

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