Policy on Exclusions and Directions to Leave
Version: 5.0
Last Amendment: 4 June 2019
Approved by: Executive
Policy owner/sponsor: Executive Director, Library & Information Services
Branch contact: Coordinator, Information & Access
Policy No: PD/4
Record No: 52790
Date approved: 6 July 2022
Next review: 6 July 2025
Policy Statement
Library Regulation 2018 (the Regulation) is made under the Library Act 1939. Part 2 of the Regulation empowers the Library Council to make rules to regulate the use of any facilities, services or collections of the State Library. Part 3 of the Regulation outlines the use of libraries and library material and allows for the exclusion of those who breach it.
This policy supports the State Library of New South Wales (the Library) in ensuring the safety and wellbeing of readers, visitors, staff and volunteers and to maintain the security and reasonable use of the collections, buildings and facilities, both onsite and online.
The policy includes periods of exclusion, the delegations and the process to be followed. The policy provides specific guidelines to assist staff in moderating the interactive sections of the Library website, and in implementing the provisions of Part 3 Clause 17, ‘Library users may be directed to leave’.
Target audience
Readers and visitors to the Library both onsite and online as well as Library staff.
Operational requirements
Readers, visitors, staff and volunteers have the right to use the Library’s services, facilities and collections in safety and without being unnecessarily distracted or disturbed by other people. This includes the entire Library premises, exterior areas, the Library website and all services accessible through the website.
Part 3, Clause 17 of the Regulation states:
17 Library users may be directed to leave
- A library staff member may direct a person to leave the library and not re-enter the library for such period as the staff member directs, if the staff member is of the opinion that:
- the person has contravened any provision of this Part, or
- the person’s condition, conduct, dress or manner is likely to give offence to any person in the library or to interfere with any other person’s use of the library.
- A person to whom such a direction is given must comply with the direction.
- The period for which a person may be excluded from the library by such a direction must not exceed the maximum period determined by the governing body of the library.
Onsite breach of Library Regulation 2018
Staff who identify that a person has breached the Regulation onsite are to advise the Officer in Charge of the reading rooms (the OC) or Security Coordinator. The OC or Security Coordinator will then advise the person of the breach and that compliance with the Regulation is required. The matter may be resolved by advising the person that a breach of the Regulation has occurred and offering them a copy of the Reader and Visitor Code of Conduct and/or the Regulation. Many incidents are resolved when a person adjusts their behaviour once advised of their breach of the Library Regulation 2018.
Directing a person to leave the State Library
The determination to ask a person to leave the Library will be based on judgment as to the nature and severity of the breach and the likelihood of the matter being resolved without any further breach occurring.
The primary purpose of directing a person to leave the Library is to ensure the safety and security of readers, visitors, staff and volunteers, collections and facilities. The direction to leave may be for an immediate period of time only and may not necessarily result in further exclusion from the Library for a longer period.
The giving of a direction to leave Library premises to a person who has breached the Regulation is delegated to those Library staff designated in this policy. The delegate may issue a verbal warning to the person that they risk being directed to leave Library premises or may direct the person to leave. The delegate may allow the person to return to Library premises after a specified period of time, the length of which the person is to be advised of and must agree to. Depending on the nature and severity of the breach, the delegate may also recommend that a written letter of warning be issued to the person.
Exclusion from the State Library
In cases where the breach is repeated or serious in nature a person may be excluded from the Library for a set period of time.
The Library Council of New South Wales determined the period of exclusion of a person for a breach of the Regulation under clause 17(3) of Library Regulation 2005 at its meeting on 24 October 2005. The period of exclusion remains the same under Library Regulation 2018.
Period of exclusion
- The usual period of exclusion for a person asked to leave the State Library under clause 17(3) of Library Regulation 2018 will be two (2) months. The delegate determining the exclusion will consider:
- the nature and severity of the breach; and/or
- whether the breach is a first or repeat occurrence.
- Where the breach is a repeat occurrence and/or the nature and severity of the breach is deemed to warrant a longer period of exclusion, the period of exclusion may be up to one (1) year.
- Where the breach is deemed to be extreme, a person may be permanently excluded from the Library.
Failure to follow a direction to leave Library premises or re-entering the premises during a period of exclusion will be referred to the NSW Police.
Online breach of Library Regulation 2018
Eresources
The provision of Eresources is governed by licence agreements between the publishers and the Library. Eresource use will be managed in accordance with these licence agreements and the Eresource Access Conditions.
Library Website
The Library can, at its own discretion, edit, remove or decline to publish contributions for various reasons (legal, privacy, content standards, editorial, operational etc). At the Library’s discretion, contributions may be moderated.
Staff who identify that a user’s post has breached the Regulation online will delete the post and advise the user of the breach via email.
Deleting a user’s post
The determination to delete a user’s post will be based on judgment as to the nature and severity of the breach. The authority to delete a user’s post is delegated to those Library staff designated in this policy. Depending on the nature and severity of the breach, the delegate may also recommend that a warning be issued via email, informing the user that they risk suspension of their account.
Suspending a user’s account
In cases where the breach is repeated or serious in nature, a user’s account may be suspended for a set period of time, excluding them from using the interactive sections of the website.
The period of suspension for an online breach of the Regulation is consistent with the period for exclusions from the Library premises.
Period of suspension
- The usual period of suspension will be two (2) months. The delegate determining the exclusion will consider:
- the nature and severity of the breach; and/or
- whether the breach is a first or repeat occurrence.
- Where the breach is a repeat occurrence and/or the nature and severity of the breach is deemed to warrant a longer period of exclusion, the period of exclusion may be up to one (1) year.
- Where the breach is deemed to be extreme under the terms of this Policy, a user’s account will be permanently suspended and/or deleted from the Library website.
Failure to comply with suspension from the State Library website, including creating another account under a different name, will be referred to the NSW Police.
Letter of exclusion or suspension
Where a person has been excluded from the Library or their user account has been suspended for a breach of the Regulation, a letter of exclusion will be delivered to the person, either by email, post or in person.
A letter of exclusion or suspension for a breach of the Regulation will be signed by the appropriate delegate. All letters of exclusion/suspension will include reasons supporting the decision to exclude and a summary of events. The summary will include the date(s), description of the incident(s) and the clause(s) of the Regulation breached. If a person refuses to identify his/her name, the letter will be addressed ‘Dear Sir/Madam’.
Reviews and appeals
A person may seek a review of the period of exclusion/suspension by writing to the NSW State Librarian who will determine whether the period of exclusion or suspension will be reduced, maintained or extended. This determination will be made by consideration of the available incident reports and records and any case put forward by the person seeking the review.
The NSW State Librarian may delegate this review to a senior manager. The reviewing officer will not be a person involved in the original decision to exclude the person.
Reporting requirements
Library & Information Services Division will manage policy and related matters such as reporting on exclusions and suspensions to the Audit & Risk Committee.
The Coordinator, Information & Access will prepare a report on categories of incident and exclusions for the Executive Committee and Library Council of New South Wales as requested.
Records and privacy management
Formal records of any breaches of the Regulation will be recorded. These may be documented in the official diary, a staff member’s work diary, an official incident report form, the website content management system, or as a memo or file note. The record should be made on the day of the incident and signed and dated by the staff member(s) making the record. The staff member’s supervisor should be advised of the incident and sign and date the record.
This documentation will be used for the purposes of determining a period of exclusion and advising a person of the determination made and the reasons for it. The documentation will also be considered for determining whether and/or when an exclusion will be lifted.
The Library will maintain records of incident and investigation reports in accordance with the requirements of the State Records Act 1998 and the Privacy and Personal Information Protection Act 1998 and the Library’s Privacy Management Plan.
Incident and investigation reports and related information are treated as confidential and limited to authorised staff. The Library may disclose personal information in instances where another Act or law authorises us to do so.
Further information about privacy can be obtained from the Library website at https://www.sl.nsw.gov.au/privacy
Procedures
The procedural management of incidents involving readers or visitors and use of the Library is principally managed by the Director, Library & Information Services or their delegate. Other divisions and managers will be involved where appropriate and required by the State Library’s Policy on Exclusions and Directions to leave.
Responsibilities and Delegations
Responsibilities
Executive Committee members are responsible for leading the implementation of this policy including its conformity to legislative and other compliance requirements, communicating this policy to managers and supervisors and other relevant activities regarding specific policy implementation.
Managers and supervisors are responsible for managing processes relevant to this policy and communicating this policy to staff.
All State Library staff are responsible for ensuring that the provisions of Library Regulation 2018 are implemented with regard to the use of the State Library, its collections, services and facilities.
Delegations
The Library Council of New South Wales has delegated to the NSW State Librarian the administration of the Regulation. The NSW State Librarian has the authority to review and to lift an exclusion/suspension.
The Executive Committee has the authority to extend the period of exclusion up to the maximum period, based on an assessment of available information. As the decision reviewer, the NSW State Librarian will absent themselves from the discussion and the decision on this agenda item.
The NSW State Librarian has delegated the administration of Library Regulation 2018 to:
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Officer in Charge of the reading rooms Security Coordinator (or the Control Room Operator when Security Coordinator is not available) |
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Website Moderator |
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Manager, Information & Access Manager, Security |
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Executive Director, Library & Information Services & Dixson Librarian Chief Operating Officer |
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Executive Committee (not in the presence of the NSW State Librarian) NSW State Librarian (or delegate not involved in the original decision) |
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Related Key Legislation and Policy
- Library Regulation 2018
- Copyright Act 1968 (Cth)
- Government Information (Public Access) Act 2009
- Library Act 1939
- Privacy and Personal Information Protection Act 1998
- Work Health & Safety Act 2011
- State Records Act 1998
References
- Reader and Visitor Code of Conduct
- Website Terms of Use
- Eresource Access Conditions
- Privacy Management Plan
- Security Systems Surveillance Policy
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