Lexi Webster
Australian Standards are a set of guidelines that ensure businesses operate legally, productively, and safely. They are created and maintained by Standards Australia, a non-profit, non-governmental organisation. While Standards Australia does not charge for the creation and maintenance of these standards, accessing them is not free. This is because, in 2003, Standards Australia granted exclusive publishing and distribution rights to SAI Global for 15 years, with an additional 5-year option. This means that Australians have to pay a fee to access these standards, which can range from $100 to over $500 per standard. This has sparked debates about the importance of accessibility and the role of private enterprises in disseminating critical regulatory data.
| Characteristics | Values |
|---|---|
| Free access to Australian Standards in public libraries | No longer available since 2016 |
| Cost of accessing Australian Standards | $100 to $500-plus per standard |
| Monopoly distribution rights | Granted to SAI Global Limited for 15 years |
| Impact of lack of free access | Hinders understanding, compliance, and fosters a culture of single-page extracts |
| Small businesses and consumers | Increased costs and potential safety and compliance concerns |
| Alternatives | Government-backed access, group licensing, modern digital-first approach |
| Standards Australia's role | Urging parties to resume negotiations for accessible standards |
| Recent developments | Standards Australia launched the Reader Room platform for free read-only access to select Australian Standards |
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What You'll Learn
Monopoly distribution rights
The concept of monopoly distribution rights refers to the exclusive control granted to a single entity, typically a company, over the distribution of specific goods or services within a market. This exclusivity allows the holder of the rights to control the supply and pricing of the product or service in question, potentially impacting competitors and consumers.
In the context of Australian Standards, the discussion revolves around the accessibility and cost of acquiring these standards. Historically, there have been concerns about the exclusive publishing and distribution rights held by SAI Global, which resulted in limited access and high costs for consumers. In 2016, negotiations between National and State Libraries Australasia (NSLA) and SAI Global broke down, leading to the cessation of free access to Australian Standards in public libraries. This was a significant issue as these standards govern various aspects of daily life, from home building to electrical industry practices.
The breakdown in negotiations centered around the subscription fee proposed by SAI Global, which NSLA deemed unrealistic and inaccessible to the general public, particularly those living outside major cities. This situation highlighted the challenges of granting exclusive distribution rights to a single entity, as it can result in limited access and higher costs for consumers.
To address this issue, Standards Australia launched the Reader Room platform in August 2023. The platform offers free read-only access for non-commercial use to Australian Standards' publications, providing consumers with greater accessibility to the standards that impact their lives. However, it is important to note that this access is limited to three passes per year, and consumers may still face challenges in fully accessing all relevant standards.
The discussion surrounding Australian Standards and monopoly distribution rights underscores the delicate balance between ensuring accessibility and incentivizing the creation and maintenance of valuable data and standards. While exclusive distribution rights can provide companies with the necessary incentives, it is crucial to consider the potential impact on consumers and competitors and explore alternative models that promote accessibility without hindering innovation.
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High costs for small businesses
The costs of accessing Australian Standards can be prohibitive for small businesses, especially those with small margins. The costs can range from $100 to over $500 per standard. There may be several standards applying to one business, including electrical standards, fencing, and food-related standards. This can place a significant financial burden on small businesses, which may struggle to afford the costly subscriptions.
The high costs are a result of the monopoly distribution rights granted to SAI Global Limited, a private distributor. This has led to a decoupling of the cost of production from the price of sale, with consumers paying not just for the original investment but also contributing to the profit margin of the distributor.
The issue of high costs for small businesses has been recognised, and there have been calls for alternative access models. One suggestion is government-backed access, where governments and regulators pay a "blanket" licensing fee to Standards Australia, allowing free access for all. Another idea is group power, where industry organisations negotiate group licenses, reducing the cost for individual members.
The situation has also sparked a larger debate about access to information, the public good, and the role of private enterprises in disseminating critical regulatory data. Some have argued that standards, like legislation, are integral to public safety and should be freely accessible. This is particularly important for small businesses, which may struggle to operate legally and safely without access to these standards.
While Standards Australia does vital work in developing standards for industry safety and innovation, there is a growing consensus that the distribution monopoly needs to be addressed to ensure fair access for all, especially small businesses.
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Public safety concerns
Standards are critical tools that support Australian businesses in operating legally, productively, and safely. They are also important to workers' health and safety. As a consumer, access to standards can help set expectations for product and service providers.
In 2016, free access to Australian Standards in public libraries was terminated following a breakdown in negotiations between National and State Libraries Australasia (NSLA) and SAI Global, the exclusive rights holder for the sale, marketing, and distribution of Australian Standards. This breakdown in negotiations resulted in consumers losing free access to standards governing home building and electrical industry practices, among other areas. The cost of accessing these standards now ranges from $100 to over $500 per standard, which can be prohibitive for consumers, small businesses, and individuals.
The high cost of accessing Australian Standards raises public safety concerns. Many health and safety professionals, such as fire wardens, need access to these standards to do their work effectively and ensure the safety of the public. However, the cost of purchasing individual standards or subscribing to them can be a significant financial burden, especially for small businesses and individuals with limited resources.
The situation has led to discussions about alternative access models. One suggestion is government-backed access, where governments and regulators pay a "blanket" licensing fee to Standards Australia, allowing the public to access the standards for free. Another idea is group licensing, where industry organizations negotiate group licenses to make access more affordable for their members.
In August 2023, Standards Australia launched the Reader Room platform, offering free read-only access for non-commercial use to over 2500 Australian Standards publications. However, this access is limited to three passes per year, and it remains to be seen if this initiative will address the public safety concerns regarding access to Australian Standards.
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Exclusive publishing rights
Standards Australia, the organisation responsible for developing and maintaining Australian Standards, has granted exclusive publishing rights to SAI Global since 2003. This means that SAI Global holds the sole rights to sell, market, and distribute Australian Standards. While Standards Australia has emphasised the importance of accessibility, negotiations with libraries regarding access to these standards have not always been successful.
In 2016, a dispute arose between National and State Libraries Australasia (NSLA) and SAI Global over the terms of access. NSLA argued that SAI Global's high subscription fees and restrictive access conditions were unreasonable and failed to serve the public interest. As a result, free access to Australian Standards in public libraries was discontinued, and consumers had to pay substantial fees to purchase and view the standards.
The breakdown in negotiations and the subsequent restriction of access have been criticised by various stakeholders, including consumer groups and small businesses. They argue that vital documents that are referenced in regulations and impact safety should be freely accessible to the public, similar to legislation. This situation highlights the complexities that can arise when exclusive publishing rights are granted to a single entity, potentially limiting accessibility and increasing costs for those who need access to these standards.
It is worth noting that Standards Australia has recently taken steps to improve access. In August 2023, they launched the Reader Room platform, offering free read-only access for non-commercial use to over 2500 Australian Standards publications. This initiative provides some relief to consumers, tradespeople, and small businesses who require access to these standards without incurring significant expenses.
While the issue of exclusive publishing rights can be contentious, particularly in the context of accessibility and public interest, it is important to balance the rights of publishers and authors to protect their intellectual property and recoup their investments. Exclusive publishing rights can provide incentives for publishers to invest in the production and distribution of works, ensuring that valuable information and creative content are made available to the public.
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Access through libraries
Access to Australian Standards in public libraries has been limited since 2016 after negotiations broke down between National and State Libraries Australasia (NSLA) and SAI Global, the exclusive rights holder for the sale, marketing, and distribution of Australian Standards. The NSLA deemed SAI Global's subscription fees to be unrealistic and inaccessible to the public, particularly those outside of major cities.
Despite the breakdown, some libraries continue to provide limited access to Australian Standards. The National Library of Australia, for example, offers access to a large collection of current and historical Australian Standards available onsite in their reading rooms. They also provide non-commercial access to a number of Australian Standards for personal use through the Standards Australia Reader Room platform. Similarly, the State Library Victoria offers access to a limited number of standards through the Standards Australia Reader Room, which provides no-fee access to Standards' publications for non-commercial use.
To access Australian Standards at the National Library of Australia, individuals can submit an online request to view a printed copy. Alternatively, they can arrange an interlibrary loan through their local public or institutional library. At the State Library Victoria, library staff can assist in requesting specific standards with the user's membership details.
In August 2023, Standards Australia launched the Reader Room platform, offering free read-only access for non-commercial use to Australian Standards' publications. This platform provides access to over 2500 Australian Standards with three access passes per year.
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Frequently asked questions
In 2003, Standards Australia granted exclusive publishing and distribution rights to SAI Global Limited for 15 years, with an additional 5-year option. This means that consumers have to pay not just for the original investment but also for the profit margin of a private distributor.
The end of free access to Australian Standards in public libraries has impacted small businesses, safety compliance, and the balance between public and corporate interests. Small businesses, which often operate on tight margins, now face a new cost barrier to accessing Australian Standards, which could be prohibitive.
Some possible solutions include the government taking back the distribution of standards and committing to maintaining public access, following New Zealand's example. Another aspect to consider is the role of digital technology in democratizing access to information. A more modern, digital-first approach to distribution could help bridge the gap between cost recovery for publishers and public accessibility.
