Membership and Access Terms and Conditions

Provisions

Administration of the library

(a) The Coordinator is responsible for the management and administration of Cairns Libraries in accordance with the local laws, policies and directions of the Council.

(b) Any person using Cairns Libraries shall obey the lawful directions of an Authorised Library Officer.

Admission and Use

(a) Users may only enter the Library at times of opening, as directed by Council. These opening hours will be displayed outside the Library and advertised by other methods as shall be determined by the Coordinator.

(b) Any person may enter the Library (other than Restricted Areas) for the purpose of using the services and facilities on the premises during opening hours unless they are barred from accessing Library facilities and/or services.  

(c) Subject to the provisions of these terms and conditions members may have access to the Library for the purpose of borrowing Library materials and using the facilities at the discretion of an Authorised Library Officer.

(d) No person, other than Authorised Library Officers or persons duly authorised by the Coordinator or the Council, shall enter or remain in the Library during the hours when the Library is not open for use by the public.

(e) Children are welcome and encouraged to use the Library. These terms and conditions apply in conjunction with the Children and Young People guideline.

Membership

(a) Any individual may apply to become a Member of the Library by providing proof of identification and current residential address.  By signing the Membership Card the Member agrees to abide by the Terms and Conditions set out herein.

(b) An Authorised Library Officer may, at his or her discretion, allow an organisation to become a Member of the library provided that such body’s premises, predominant area of service or activity, or normal place of meeting is within Queensland.

(c) If an organisation wishes to borrow library materials the organisation shall have a representative complete the prescribed documentation on behalf of the organisation, which shall include an undertaking that the organisation will comply with the provisions of these terms and conditions and any other policy that applies to Cairns Libraries (as amended by the Council from time to time).

(d) If a person under the age of 18 wishes to be a Member (Junior), the person must have a parent or legal guardian sign the Membership Card indicating that they agree to abide by the Terms and Conditions including:  

(i) pay for the loss or damage to any item while in the Junior Member’s use or  possession;

(ii) accept responsibility for any fees and charges incurred by the Junior Member;

(iii) agree not to hold the library responsible for the suitability of items chosen by the Junior Member; and

(iv) accept responsibility as a guarantor until receipt of a notice of withdrawal of guarantee has been received by an Authorised Library Officer;

(v) accept responsibility as a guarantor for the young member’s use of library technology, equipment, the or Wi-Fi where provided.

(e) Every Member on being issued with a Membership Card shall:

(i) be responsible for the custody of the Membership Card;

(ii) produce the Membership Card or in special circumstances suitable identification to Authorised Library Officer whenever an item is borrowed;

(iii) Notify any change of contact details to the Library;

(iv) Surrender the Membership Card to an Authorised Library Officer on ceasing to be eligible for membership; and

(v) Report the loss or theft of the Membership Card to the Library immediately such loss or theft is discovered so a new Membership Card may be issued.

(f) An authorised Library Officer may issue a replacement Membership Card immediately upon report by the Member.

(g) Membership is current unless it is surrendered, cancelled or remains dormant for a period of time determined by the Coordinator.  A person whose membership has lapsed will be required by an Authorised Library Officer to re-join before borrowing items.

(h) Membership Cards are not transferable and the holder of the Membership Card is responsible for all items borrowed on that card and any associated fees and charges incurred.

(i) An Authorised Library Officer may suspend or cancel the membership of any member who fails to comply with any obligation of membership.

Borrowing and Returning Library items

a) The Coordinator shall determine the number of items (in total and of a particular type) that may be borrowed by an individual Member during a borrowing period.

b) The usual period allowed for a Member to retain an item shall be determined by the Coordinator and the date for return of each item shall be indicated to the Member in the manner determined by the Coordinator. The time allowed for retaining an item may be varied at the discretion of an Authorised Library Officer.

c) A Member is responsible for safe care of every item borrowed on his/her Membership Card and for its return to the library by the due date. Failure to return items safely and by the due date will result in the suspension or cancellation of the Member’s membership.  A Member may also be liable for the cost of the replacement of the item if the item is not returned or the item is not returned in a condition deemed appropriate by an Authorised Library Officer.

d) A Member may apply by telephone, the Library website or in person for an extension to the time allowed for retaining an item. The number of extensions available will be determined at the discretion of the Coordinator. Such extension will not be granted if the item has been reserved by another Member or another library.

Overdue Library Items

(a) The Library may, in its discretion, issue notices to Members that an item has not been returned by the due date.  There is no obligation on the Library to issue such a notice.  Failure to send such notice is not an excuse for nonreturn of items.  Members who fail to return overdue library material will have their borrowing privileges withdrawn and may face recovery action to recover costs.

Reservations

(a) Reservations may be made on items in the library collection as determined by the Coordinator.  The Coordinator shall determine the number of items (in total and of a particular type) which may be reserved by an individual Member.

Customer Requests and Inter Library Loans

(a) A Member may recommend the Library purchase an item which is not in stock, or may request the Library to borrow an item from another library for him/her.  

(b) The Library has no obligation to purchase an item which is not in stock.  

(c) Items requested by a Member for loan from another library are only made available subject to the conditions of loan applied by that lending library and upon payment of any other associated charges.

Lost and Damaged Library Items

(a) A Member is responsible for reporting to an Authorised Library Officer any damage discovered in any item on loan to him/her. This damage shall be reported as soon as the damage comes to the Member’s attention.

(b) If an item is lost or damaged beyond repair, while borrowed by a Member, or it is stolen from a member, the Member may be required to pay to the Council the full replacement value specified by Cairns Libraries.  Cairns Libraries’ decision about what is the full replacement value of an item shall be final.  This subclause (b) applies even if the loss, damage or theft of an item is not the fault of the Member.

(c) Liabilities incurred by a Member for the loss of items shall be discharged before any further item is issued.

(d) The Council or any of its officers may take action for the recovery of an item or for its value, at any time after the item becomes overdue.

(e) Items stolen or lost remain the property of the Library although replacement or payment has been effected.

(f) All Users of the Cairns Libraries are entitled to consult all Library items located at the Library, except for Library items which are on restricted access because of:

(i) The rarity of the Library item;

(ii) The physical condition of the Library item;

(iii) Any relevant legislation.

Conduct in the Library

Users must:

(i) Conduct themselves in a responsible and reasonable manner whilst in the library, showing consideration for the rights and comfort of other users and rights and responsibilities of staff, and in line with the Cairns Libraries Customer Service charter  https://www.cairns.qld.gov.au/library;

(ii) Open any containers and bags, including shopping bags, parcels and prams, on the request of an Authorised Library Officer at any time and when the user exits the Library. This inspection is done in accordance with the Conditions of Entry, to which users consent upon entering the Library;

(iii) Leave the library at closing time or at the request of an Authorised Library Officer;

(iv) Familiarise themselves with any policies, terms, conditions and procedures that apply to the use of the Library and other facilities operated by Cairns Libraries, and ensure that they adhere to such policies, terms and conditions at all times.

Users must not:

(i) Behave in the Library in such a manner as may cause serious inconvenience, disruption or discomfort to any other user or staff Member in the library;

(ii) Bring into the Library any animal, other than a guide or assistance dog;

(iii) Drink alcohol or smoke in any Library;

(iv) Deface, mutilate, break, damage or interfere with any part of any Library building, furniture, fittings, computers, equipment, books or materials belonging to, or in the area of Cairns Libraries;

(v) Solicit or collect gifts of money or subscriptions, or sell or expose for sale any goods in the Library;

(vi) Conduct any form of gambling within the Library;

(vii) Conduct any “for profit” business within the library;

(viii) Remain in the Library after being requested to leave the premises by an Authorised Library Officer;

(ix) Use the internet to download or view offensive material, as per the Cairns Libraries Public Access and Computer Use Terms and Conditions Guidelines https://www.cairns.qld.gov.au/library;

(x)      Users wishing to book any meeting rooms within the Library must apply to do so using the prescribed application form. https://www.cairns.qld.gov.au/library.

Enforcement of these Terms and Conditions

Any person who (whether wilfully or not) does not abide by the requirements of these terms and conditions may be requested to give his/her name and address to an Authorised Library Officer and may be asked to immediately leave the library.  

Failure to comply with these Terms and Conditions may result in the suspension of Library privileges and if necessary, referral to the Police for further action.

Cairns Libraries reserves the right to review and revise the Terms and Conditions without notice to users.

Privacy

Personal information collected for the purpose of library membership will only be used for the purpose of delivering services and carrying out council business.

Personal information is handled in accordance with the Information Privacy Act 2009 and will be accessed by persons who have been authorised to do so.

Personal information will not be given to any other person or agency unless permission is provided or the disclosure is required by law.

If a User requests the assistance of an Authorised Library Officer, the Coordinator or any other staff member employed by, contracted to or volunteering with Cairns Libraries or the Council (“Relevant Person”), the User acknowledges and agrees that:

(a)  the Relevant Person is not required to assist the User if such assistance involves the Relevant Person seeing personal information of the User; and;

(b) if the Relevant Person agrees to assist the User, the user indemnifies the Relevant Person, Cairns Libraries and Council (“the Indemnified Parties”), and holds the Indemnified Parties (jointly and severally) harmless, in respect of any loss or damage arising directly or indirectly as a result of the assistance offered, where the Relevant Person acts in good faith.