Report on Consultation
Regulations under the Legal Deposit Act 2012
Part 3 - Deposit of WA Internet Documents
January 2015
LIBRARY BOARD OF WESTERN AUSTRALIA
REGULATIONS UNDER THE LEGAL DEPOSIT ACT 2012
PART 3 - DEPOSIT OF WA INTERNET DOCUMENTS
CONSULTATION SUMMARY
Background
The passage of the Legal Deposit Act in May 2012 brought Western Australia not only in line
with the other Australian States, but extended the scope of legal deposit to ensure that future
publishing formats were also included. This is important as the world moves from print and
analogue formats to digital formats published online.
Legal deposit is a legislative provision that requires producers of designated publications to
deposit copies of their publications in libraries, or similar institutions, to ensure the ongoing
preservation of that State or Nation’s cultural heritage for future generations. These
documents are catalogued, accessible and preserved for the future to underpin all forms of
research into the history of the State.
The Act’s provisions do not come into force until the relevant regulations, which prescribe
how the provisions will operate, are developed and approved. Regulations for the deposit of
physical items came into force on 1 January 2014 following the approval of the Legal
Deposit Regulations 2013. These regulations cover printed books, journals, newspapers,
maps, sheet music and music and film made available on physical carriers such as CDs,
DVDs, videos etc.
This report covers consultation for the development of regulations for the implementation of
Part 3 of the Act – Deposit of WA Internet Documents with State Librarian.
Processes
A Discussion Paper was prepared to inform discussion on the issues likely to be covered in
the regulations, based on current digital legal deposit legislation and regulations in Australia
and in some overseas jurisdictions. It outlines the issues to be considered and proposed
regulations for the implementation of Part 3 of the Act.
The paper was made available on the State Library’s website in October 2014, and a copy
was included with an invitation to provide feedback that was sent to;
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peak bodies and members of the writing, music and film industry
publishers
government departments
local governments
tertiary institutions
history and heritage communities; and
the arts and cultural sector
Three face-to-face meetings were held at the State Library in November 2014 to provide
stakeholders with the opportunity to discuss issues that might be included in proposed
regulations. The first meeting targeted community groups and peak bodies; the second the
West Australian publishing community, and the third was with state government agencies,
local governments and tertiary education institutions.
The community session represented a wide variety of interests, including the film and music
industry and a representative from the history and heritage community also attended. Only
one publisher attended the second consultation but this publisher is one of the largest
commercial publishers in Western Australia. The third consultation session was very well
attended, with over 40 attendees from state government, local governments and the tertiary
sector.
Feedback
The discussion paper proposed twelve possible areas of regulation, and feedback on the
proposals was generated using this structure. Written submissions on the discussion paper
closed on the 5 December 2014. The State Library received eleven written submissions.
There was general support for the broad purposes and need for digital legal deposit to
ensure the ongoing preservation of Western Australia’s documentary heritage in digital form.
The main issues raised related to:
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The exact interpretation and scope of certain proposed provisions; and
Operational issues aimed at simplifying deposit for publishers.
A summary of the responses from the consultation is attached as an Appendix.
Next Steps
The next phase will be to develop drafting instructions for the regulations by the
Parliamentary Counsel’s Office. These instructions will be based on the feedback received in
the consultation phase.
There will be a further opportunity for stakeholders to comment on the regulations when they
are in draft mode before they go through the final regulatory processes.
APPENDIX A
Summary of responses from the Consultation
1. Definition of an Internet Document
Proposed regulation
Definition of a WA Internet document is extended to include (discrete) publications which are
produced by Western Australians, are self-published, and are made available through thirdparty platforms.
Commentary
There was general support for extending the definition. The film and music industry
submitted that there are an increasing number of artists who are self-publishing solely on
third-party platforms. There was also discussion about whether social media such as
Facebook, blog posts and Twitter feeds, which change and are updated regularly, would fall
within this definition and the logistics of the library collecting this material.
There was also a question about databases and whether they fall within the definition of an
internet document. In this case, the government department concerned provides access to
information managed in a database. Most of the information itself is publicly searchable, but
stored separately from the static website. It is important that this material is collected,
whether this is by the State Library of Western Australia or the State Records Office, as is an
important part of what makes the website functional.
2. Works that are not WA Internet Documents and not required to be deposited
Proposed regulation
The following classes of online publications are only required to be deposited on receipt of a
written request from the State Librarian:
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Newsletters of local interest, in particular those that are published by
associations, parishes, employee groups, or schools;
Tourist maps and guide maps;
Brochures and flyers;
In-house material such as training manuals, teaching or course notes,
minutes of meetings;
Trade catalogues, advertisements, promotional and marketing material,
prospectuses and price lists;
Commentary
There was general support for this regulation and an understanding that the library only
collects a sample of these classes of publications. The film and music industry noted that
many artists create promotional and marketing material such as videos and advertisements
which accompany their recordings or films, and questioned whether this material would be
excluded under this proposed regulation.
3. Prescribed information to be provided by publishers
Proposed regulation
At a minimum, publishers will be required to provide the following information:
1. The URL of the document (if available on a website)
2. The title of the document
3. The contact details of the publisher
However, where possible, the Library would also like to collect, at the time of submission,
information about file formats and software requirements.
Commentary
There was a general consensus that the minimum prescribed information would not be
onerous or difficult for publishers to provide.
The large scale WA commercial publisher commented that its publications are generally
distributed by third party vendors, who provide additional functionality (e.g. text searching
and formatting) to internet documents. These additional features would not be included in
the copy deposited by the publisher.
The film and music industry noted that many publishers and artists would prefer to
send/upload a digital file directly to the State Library, as this would provide a higher quality
digital file than linking to URLs. There was also broad support for publishers being able to
provide additional metadata where possible and expedient.
A local government publisher also raised the issue of whether they would be required to
notify the State Library when the URL of a document published on the internet changes.
Provided the State Library has already collected a copy of the document, there would be no
need for publishers to notify the library, as the document would have preserved and
allocated a Permanent location (PURL).
4. Alternatives by Mutual Agreement
Proposed regulation
Provide the opportunity to develop Mutual Agreements. These agreements will satisfy the
base requirements for digital collecting while providing flexibility to find more efficient or
effective ways of achieving the outcomes of the regulations.
Commentary
There was support for the proposed regulation that will allow SLWA to develop mutual
agreements with publishers, especially high volume publishers. There was also interest in
this regulation being used by publishers to provide the library with permission to harvest web
content, as this would streamline the legal deposit process for many publishers.
5. Access and use of digital publications
Proposed regulation
Limitations on access to and use of WA internet documents be consistent with the use of
physical documents supplied under the Legal Deposit Act and take into account the
legitimate concerns of some publishers, while ensuring equitable access to publications for
all Western Australians.
The Copyright Act 1968 will govern the permitted uses of digital legal deposit materials.
Allow limitations on access to be placed on deposited WA Internet documents, consistent
with the limitations able to be placed on public documents.
Commentary
There was a general understanding provided by the discussion paper that SLWA is bound
by the federal Copyright Act 1968 in providing access to deposited digital publications. There
was also general support for providing access to deposited material to people in rural areas,
provided it is done in accordance with the Act and provides appropriate safeguards for
commercial publishers.
6. Providing copies of computer programs
Proposed regulation
Where it is necessary to access computer software to preserve and access an online
document:
 A direction would not be issued for readily available third party software such as
Microsoft Office, Adobe etc.
 Directions will be used to access software required to access digital files which is not
readily available via third party software.
Commentary
There was support for providing software to access digital files, provided it is not readily
available via third party software. One government department submitted that this regulation
will require some further clarification due to the complex proprietary software platforms used,
which are specially designed and quite different to other government departments and
agencies. Another issue raised was the State library’s capacity to establish and maintain the
range of technical infrastructure and operating systems required for the software program to
run.
7. Different formats of WA Internet Document
Proposed regulation
Where a WA Internet document is published in different software formats e.g. pdf or word,
the Library would generally collect one copy of the most popular format. This format will
change over time.
Commentary
All consultation sessions raised the issue of depositing both print and digital documents
where the content is identical. The film and music industry commented that many small scale
publishers may prefer to deposit digital copies of film and music, as this reduces costs when
only a small number of physical CDs or DVDs are produced.
After consultation, there was a better understanding of the reasons why SLWA would like to
collect both formats for preservation purposes. There was general support for collecting the
most popular format of the internet document, and an understanding that this regulation is
not intended to be onerous for publishers to comply with.
One government department submitted that they have adopted the Web Accessibility
National Transition Framework. According to this standard the preferred publishing format is
html (which assists screen readers) and that most of their ‘publications’ are now issued as
webpages rather than discrete entities. Discrete publications are only generated when the
user chooses to print a document.
8. Material Accompanying a WA Internet Document
Proposed regulation
The Legal Deposit Regulations 2013 are modified to allow for the deposit of accompanying
material to a WA Internet Document.
Commentary
There was some uncertainty about what this regulation is intended to cover. The commercial
publisher asked whether it extended to consultation work undertaken by publishers in order
to produce digital publications. The film and music industry questioned whether this would
include digital artwork produced for sound and video records.
9. Access Keys
Proposed regulation
Where the State Library is provided with the means to bypass various controls to copy a
document for the purpose of Legal Deposit, then these details may only be used to collect
and preserve a document.
Commentary
There was general support from the commercial publisher for providing an assurance in the
regulations that any access keys provided to the State Librarian are only used to collect and
preserve documents and not for any other purposes.
10. Technological Protection Measures (TPMs)
Proposed regulation
Section 6 (b) of the Legal Deposit Regulations should be expanded for the legal deposit of
WA Internet documents.
Commentary
There was a general understanding that digital legal deposit material should be free from
TPMs, as they can make long term preservation difficult. The commercial publisher and film
and music publishers expressed support for SLWA purchasing an access copy with inbuilt
TPMs to use as an access copy for library patrons.
11. Agents of the State Librarian
Proposed regulation
Allow the State Librarian to authorise external organisations (e.g. other libraries and
collecting institutions) to act as agents of the State Librarian for certain provisions.
Commentary
There was general support for this provision and an understanding that similar partnerships
have been formed internationally, for example the Internet Archive harvests material for the
National Library of Australia. There was also discussion of the pending federal legal deposit
legislation and how the State Library may work with the National Library in the future to avoid
duplication in the collection and preservation of digital legal deposit material.
12. Possible Limitations on access
Proposed regulation
Where access to a publication would cause commercial harm or is culturally sensitive,
specific limitations on access may be negotiated with the State Librarian. These limitations
must have a reasonable end date.
Commentary
There was strong support for the proposed possible limitations of on access, as exists with
print legal deposit.
One agency submitted that it would like the reasons for limiting access to be expanded to
include the ability to request documents be withdrawn from public access if the information is
harmful or when the advice to the industry is updated with new evidence (e.g.
recommendations for the use of chemicals). As the State Library is a repository, this may not
be possible; however the State Library may make a note on the document record that the
information is no longer factually correct or current and should not be relied upon in making
decisions or recommendations.
Another question raised was that the regulations do not specify who is responsible for
determining that the item is commercially harmful or culturally sensitive. Another query was
raised regarding a publisher’s right to appeal if the State Librarian does not agree to limit
access or finds the end date unreasonable.
Other Issues
A number of operational issues were raised during the consultation process, and many of
these will be better addressed by library guidelines and frequently asked questions available
on the Library’s website once the regulations are passed. Issues included:
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The film and music industry submitted that publishers would prefer to upload digital
files immediately when informing the State Librarian about the existence of a new
WA internet document – rather than waiting for the State Librarian to issue a request
to deposit.
A number of organisations suggested that an online form or secure ‘drop box’ portal
would be the most efficient means of depositing documents, especially for large files.
APPENDIX B
Organisations who attended Digital Legal Deposit Consultation
Consultation 1 with community groups (10 November 2014)
Film & Television Institute WA
Screenwest
Western Australian Music
Western Australian Genealogical Society
Consultation 2 with publishers (14 November 2014)
Fremantle Press
Consultation 3 with State and Local Governments and Tertiary Education sector (20
November 2014)
City of Fremantle
City of Subiaco
City of Joondalup
City of Perth
Central Institute of Technology
Department of Corrective Services
Department of Environment Regulation
Department of Finance
Department of Mines and Petroleum
Department of Parks and Wildlife
Department of Planning
Department of Premier and Cabinet
Department of Racing and Gaming
Department of Sport and Recreation
Department of Transport
Edith Cowan University
Landgate
Main Roads
Office of the Inspector of Custodial Services
Professional Historians Association (WA)
Public Sector Commission
Rottnest Island Authority
State Heritage Office
State Records Office
Tourism WA
Treasury
Water Corporation
WA Electoral Commission
Western Australian Local Government Association
APPENDIX C
Written Feedback submissions received
City of Armadale
City of Rockingham
City of Stirling
Department of Agriculture and Food
Department of Finance
Department of Health
Department of Housing
Department of Transport
Racing and Wagering Western Australia
Rural Business Development Corporation
State Records Office