Responsible Conduct Guidelines

Intent

The intent of this Guideline is to contribute to Cairns Libraries being a:

• Safe and welcoming place.
• Respectful place where:
  • needs and interests can be pursued freely
  • people show due regard to the needs, sensitivities and rights of others.

The Guideline defines the commonplace standards of behaviour on which fulfilment of this purpose depends, and establishes how Cairns Libraries staff respond when these standards are not observed.

Scope

This Guideline applies to:

• Cairns Libraries premises and anybody occupying those premises.
• Communication with Cairns Libraries staff conducted from outside Cairns Libraries premises, by mail, email, other internet service or any other means.

References

This Guideline is supported by:

• Information Privacy Act 2009
• Libraries Act 1988
• Australian Library and Information Association (ALIA) Statement on Safe Workplaces
• Cairns Regional Council Local Law No. 1 Administration
• Cairns Regional Council Subordinate Local Law No. 11
• Cairns Regional Council Privacy Statement
• Cairns Regional Council WHS SafePlan #403957
• Cairns Regional Council Customer Interaction and Correspondence Protocol Administrative Instruction
• Cairns Regional Council Unreasonable Conduct by Member of the Public Administrative Instruction

Definitions

Provisions

Persons who enter Cairns Libraries premises or utilise Cairns Libraries facilities (“User”) agree to be bound by these Guidelines at all times they are on Cairns Libraries premises or are utilising Cairns Libraries facilities.

Standards of Behaviour

Cairns Libraries welcomes everybody subject only to observance of two commonplace standards of behaviour:

• That the security and safety of people or property is not infringed; and/or
• That due regard is shown for the needs, interests and rights of others.

Failure to observe these standards is considered unacceptable.

Unacceptable behaviour

• Infringement of security and safety is considered unacceptable. This includes but is not limited to the examples provided in the Definition table.
• Inconsiderate or offensive behaviour is considered unacceptable. This includes but is not limited to the examples provided in the Definition table.

Cairns Libraries staff are empowered to determine whether or not behaviour is unacceptable for the purposes of the Guidelines. Any decision by a Cairns Libraries staff member that behaviour is inconsiderate or offensive, infringes security and safety, or is otherwise unacceptable shall be final and is not open to dispute.

Response Guidelines

Any staff member who reasonably suspects a User is engaging in serious criminal behaviour such as assault, robbery, child pornography, child endangerment etc. must contact the QPS immediately, followed by contacting the library supervisor.

Any Cairns Libraries staff member may:

• Issue a verbal warning to a patron or may refer an issue to a supervisor.
• Evict a patron for violations of library rules or policies.

Role of Cairns Libraries staff

• All staff members are expected to address any behavioural issues they encounter with patrons by either resolving the problem directly using these Guidelines or contacting supervisory staff in a timely manner.
• Any staff member has the right to ask their colleagues for assistance and colleagues should provide assistance when requested.
• Any staff member may contact the QPS, CitySafe or Council security contractors at any time as required to preserve his or her own safety and security, the safety of library patrons, or for assistance in enforcing these guidelines.
• Supervisors/librarians are expected to serve as a resource in assisting and supporting staff members manage patron behavioural issues.

Responding to inconsiderate or offensive behaviour

Initial response

Staff are to use their judgement.  The initial response to inconsiderate or offensive behaviour is to encourage the person responsible to behave in a more considerate manner.

• Point out the possible adverse impacts of the patron’s behaviour on others.
• Support the person in using Cairns Libraries effectively; e.g. provide a copy of the Customer Service Charter.

Second response and removal

Staff are to use their judgement.  If the person continues to behave unacceptably, options include:

• Call a supervisor for assistance.
• Call a colleague for assistance.
• Remind the patron of the negative impacts of their behaviour.
• Inform the patron that continued infringement will result in security staff or police involvement.

If the patron continues to behave unacceptably:

• All libraries staff - press your duress alarm and
• City, Earlville, Edmonton, Manunda and Smithfield library staff - Call CitySafe (x3760).

Cairns Libraries Security Response Plan will be activated.

Should the situation escalate before security contractors or a CitySafe Officer arrives call Triple Zero (000).

Responding to infringements of security or safety

If security or safety is being infringed call:

• QPS (all libraries) 131 444 (Policelink non-urgent) or 000 (urgent)
• City Safe x3760

When to call Triple Zero (000)

• If a crime is happening now.
• When a life is threatened.
• When the event is time critical, for example a fire.

When to call QPS Policelink

• To report a disturbance.
• To report something which has happened in the past.
• To report a property-related incident or
• To make a complaint against police or another person.

When to call City Safe (x3760 – City, Earlville, Edmonton, Manunda and Smithfield libraries only)

• To request immediate assistance and support (ensure that 000 has been called if the nature of the infringement falls within the Emergency 000 category i.e. life threatening, time critical).
• If the incident DOES NOT fall within the Emergency category, ensure that a Police Link call is logged either via telephone or online.
• To request CCTV monitoring of patron/s.
• To request CCTV monitoring cameras be adjusted.

Staff must also

• Activate their duress alarm at any time there is an infringement to security or safety.
• Report the incident to their supervisor and/or a colleague as soon as possible.
• Complete Council’s WHS Incident Report form as soon as practical.

Abusive or threatening Customers

If there are any threats against staff or Council made by a member of the public, Supervisors are to be immediately informed and the matter passed to the Police as soon as possible for any action they consider appropriate.  

THERE IS TO BE NO DISCRETION APPLIED. If there is a threat against staff or Council, then the Police are to be engaged.

In the event the Police are engaged, Coordinator Library Services is to be informed.

Termination of communication with Cairns Libraries staff conducted from outside Cairns Libraries premises.  

A person who behaves unacceptably in communicating with Cairns Libraries staff from outside Cairns Libraries premises (by being abusive, for example) will be informed that communication will be terminated unless the behaviour ceases.  Communication will be immediately terminated unless the person complies (refer Customer Interaction and Correspondence Protocol Administrative Instruction).

Workplace Incident Reporting

The employee most directly involved in an incident is required to log a WHS Incident Report online via the Council Intranet as soon as practicable following the incident (refer Instruction for WHS Service Now - Incident & Hazard Reporting and Responsibilities).  Once completed, an email will be sent to the relevant Action Officer notifying of the incident and incident number.  

The staff/person involved and/or the Action Officer/Supervisor must notify the library management team of the incident as soon as reasonably possible and within 24 hours.  Corporate safety process is followed, with incidents, investigation outcomes or further action to be recorded in the Workplace Incident Register.

Bans

The General Manager Human Resources & Organisational Change and / or the Chief Executive Officer may, in their discretion, ban individuals if they reasonably believe those individuals pose a substantial risk to the health and safety of staff or other third parties.

Grounds

A person may be banned from entering any Cairns Libraries premises or communicating with Cairns Libraries staff from outside any Cairns Libraries premises (“banned”) on the following grounds:

• any behaviour which, because of its nature or frequency, raises substantial health, safety, resource or equity issues for our organisation, our staff, other service users and customers or the customer himself/herself.

Cairns Regional Council has a zero tolerance policy towards any harm, abuse or threats directed towards staff. These include verbal abuse, threats to harm self or others and violence.  

Unless a customer’s conduct poses a substantial risk to the health and safety of staff or other third parties, they will be provided with a written warning about their conduct in the first instance this letter will be sent via Governance signed by the General Manager Human Resources & Organisational Change.

Authority

Decisions about limiting access to services will only be made by the General Manager Human Resources & Organisational Change and / or the Chief Executive Officer.

Consequences

A person who has been banned will be issued with a letter on the premises or be informed by registered letter or email of the ban.  The letter will include a summary of incident/s leading to the ban, the basis of the ban in terms of the guidelines, the duration of the ban and appeal rights and procedures.

The length of the ban will depend on factors such as:

• Severity of offence.
• Repeated offences.
• Likelihood of possible continued offences.
• Safety of staff and patrons.

A banned person apprehended attempting to enter Cairns Libraries premises will be prevented from doing so.  A banned person who is apprehended on Cairns Libraries premises will be immediately required to leave.  Entering or attempting to enter Cairns Libraries premises during the term of a ban is grounds for extending the ban.

Appeals

Customers are entitled to a review of a decision to change/restrict their access to our services. This review will be undertaken by a senior staff member who will consider the customer’s arguments along with all relevant records regarding the customer’s past conduct. The customer will be advised of the outcome of their review by letter.

Register of Bans

A register of current bans is maintained in the Workplace Incident Register with relevant documentation.  It may be viewed by Cairns Libraries staff.  The Register may include a copy of the ban notice and other information identifying banned people including photographs.  Cairns Libraries staff will discuss and disclose information about individual’s conduct only when reporting incidents or debriefing with supervisors or managers.

Information Privacy

Under the Information Privacy Act 2009, Council is committed to protecting the privacy of its patrons (refer Cairns Regional Council Privacy Statement).

If a User requests the assistance of an Authorised Library Officer, the Manager 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:

• the Relevant Person is not required to assist the User if such assistance involves the Relevant Person seeing personal information of the User.

Training and Development

These guidelines will form part of the orientation pack supplied to Cairns Libraries staff at induction.  Council has developed workplace security policies and training to familiarise employees with ways to maintain a safe workplace.  Each staff member has a responsibility to benefit from this workplace training, ensure a safe work environment and to have a comprehensive understanding of safety and security and Safety Circle expectations.

Staff who have been involved in threatening or upsetting interactions with members of the public will be personally debriefed by a supervisor, team leader or manager and will be encouraged to access the Employee Assistance Program.