Australia Post's "Standard postcode file"
Dear Australian Postal Corporation,
On your website, you offer a one-time download of a Standard postcode file for $110, including GST.
https://postcode.auspost.com.au/product_...
On that web page, you assert that the data is provided under a restrictive license with a set of permitted and prohibited uses.
The Australian Standard Postcode File is data which is in the possession of a Government agency, and I have a right to access it under section 11 of the Freedom of Information Act 1982.
In light of principles affirmed by the Federal Court of Australia Full Court in Telstra Corporation Limited v Phone Directories Company Pty Ltd [2010] FCAFC 149, and by the High Court of Australia in IceTV Pty Limited v Nine Network Australia Pty Limited [2009] HCA 14 (22 April 2009), it is also clear that assemblages of factual data are not copyrightable under Australian law.
The Australian Standard Postcode File is such an assemblage of factual data -- Or, in the language of the High Court in the IceTV case, an "industrious collection," bereft of the human creativity required to attract Australian copyright protection.
Therefore, I do not believe that Australia Post has any lawful right to restrict access to the document under Copyright, or to stipulate limitations on its use, subsequent disclosure, or the creation of derivative works.
I request disclosure under the Freedom of Information Act of the file I would have received if I had agreed to your terms and conditions, and had paid the $110 fee described on your website.
Given that the document I am requesting is already available to members of the public who pay a fee, I am expecting that the cost of performing a search will be zero. If there are any costs whatsoever arising from this application, you can realistically expect that I will challenge them and/or request their waiver.
Yours faithfully,
Mark Newton
We acknowledge receipt of your Freedom of Information (FOI) request below.
In accordance with the provisions of the FOI Act (Cth) 1982 we will advise
you of our decision within 30 days of receipt of your request. Australia
Post is committed to providing our customers with excellent service. If we
can assist you in any way please telephone 13 13 18 or visit our website.
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Good morning Mr Newton,
I refer to your FOI request dated 19/1/2016.
Find attached my response.
Regards,
Anna
FOI Officer
Australia Post
[Australia Post request email]
-----Original Message-----
From: Mark Newton [mailto:[FOI #1504 email]]
Sent: Tuesday, January 19, 2016 3:26 PM
To: foi <[Australia Post request email]>
Subject: Freedom of Information request - Australia Post's "Standard postcode file"
Dear Australian Postal Corporation,
On your website, you offer a one-time download of a Standard postcode file for $110, including GST.
https://postcode.auspost.com.au/product_...
On that web page, you assert that the data is provided under a restrictive license with a set of permitted and prohibited uses.
The Australian Standard Postcode File is data which is in the possession of a Government agency, and I have a right to access it under section 11 of the Freedom of Information Act 1982.
In light of principles affirmed by the Federal Court of Australia Full Court in Telstra Corporation Limited v Phone Directories Company Pty Ltd [2010] FCAFC 149, and by the High Court of Australia in IceTV Pty Limited v Nine Network Australia Pty Limited [2009] HCA 14 (22 April 2009), it is also clear that assemblages of factual data are not copyrightable under Australian law.
The Australian Standard Postcode File is such an assemblage of factual data -- Or, in the language of the High Court in the IceTV case, an "industrious collection," bereft of the human creativity required to attract Australian copyright protection.
Therefore, I do not believe that Australia Post has any lawful right to restrict access to the document under Copyright, or to stipulate limitations on its use, subsequent disclosure, or the creation of derivative works.
I request disclosure under the Freedom of Information Act of the file I would have received if I had agreed to your terms and conditions, and had paid the $110 fee described on your website.
Given that the document I am requesting is already available to members of the public who pay a fee, I am expecting that the cost of performing a search will be zero. If there are any costs whatsoever arising from this application, you can realistically expect that I will challenge them and/or request their waiver.
Yours faithfully,
Mark Newton
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Australia Post is committed to providing our customers with excellent service. If we can assist you in any way please telephone 13 13 18 or visit our website.
The information contained in this email communication may be proprietary, confidential or legally professionally privileged. It is intended exclusively for the individual or entity to which it is addressed. You should only read, disclose, re-transmit, copy, distribute, act in reliance on or commercialise the information if you are authorised to do so. Australia Post does not represent, warrant or guarantee that the integrity of this email communication has been maintained nor that the communication is free of errors, virus or interference.
If you are not the addressee or intended recipient please notify us by replying direct to the sender and then destroy any electronic or paper copy of this message. Any views expressed in this email communication are taken to be those of the individual sender, except where the sender specifically attributes those views to Australia Post and is authorised to do so.
Please consider the environment before printing this email.
Peter Timmins left an annotation ()
Mark, I expect you'll get a reply that the document is not accessible under FOI.
Section 12(1)(c) A person is not entitled to obtain access under this Part to: a document that is available for purchase by the public in accordance with arrangements made by an agency.
Peter Timmins
Open and Shut
@FOIguru