Libraries Regulations 2012

The Council makes the following Regulations:
Dated: 5 March 2012

Part 1. Preliminary

1. Objective

The objective of these Regulations is to regulate the management and use of University libraries. 

2. Authorising provision

These Regulations are made under the Governance and Administration Statute 2012 and sections 28, 29 and 30 of the Swinburne University of Technology Act 2010.

3. Definitions

In these Regulations—

first overdue notice means a notice issued under regulation 9(a);
general misconduct has the same meaning as in the Student General Misconduct Regulations 2012;
item includes a book, magazine, journal, newspaper, equipment, computer or reading device, audio-visual item and digital media;
library means the University library and includes premises and facilities through which library and information services are provided;
library staff means persons employed or engaged by the University or a contractor to the University, to provide library services;
library and information services includes services and information resources used or provided in connection with a library;
Library Code of Conduct means the Library Code of Conduct made under regulation 11
lost library item means an item which, in accordance with regulation 10, a member of library staff has determined is lost;
overdue notice means a first overdue notice or a second overdue notice;
registered user means a person who is a registered user in accordance with regulation 4;
second overdue notice means a notice issued under regulation 9(b).


Part 2. Use of the Library

4. Registration and identification

The following persons are registered users of the library—

  1. staff;
  2. students;
  3. a person who has a current approved borrower card issued or recognised by the University.

5. Authorisation to borrow and to access information resources

  1.  A registered user may, in accordance with these Regulations, borrow items from the library and access digital information resources of the library.
  2. However, a registered user whose borrowing or access rights have been suspended or cancelled must not borrow items from the library or access digital information resources of the library.

Example
A student is suspended. Under the Academic and Student Affairs Statute 2012 all rights and privileges of the student are suspended and this includes library borrowing and access rights.

6. Compliance with requirements applying to digital media

  1. The University may impose requirements on the accessing of digital information resources of the library.
  2. The University must ensure that the requirements applying to the accessing of digital information resources of the library are
    1. available to users of the library; and
    2. included in the Library Code of Conduct.
  3. The University may impose a fine on a person who
    1. accesses digital information resources of the library; and
    2. fails to comply with a requirement applying to that access.

7. Recalls of loaned items

  1. The University may, by notice, recall an item which has been loaned.
  2. The due date for return of an item which is the subject of a recall notice is
    1. the date specified in the notice for return of the item; or
    2. if no date for return of the item is specified in the notice, two day after the date of the notice.

8. Fines for overdue loans

  1. The University may impose a fine on a person who
    1. borrows any item from the library; and
    2. fails to return the item on or before the due date.
  2. A fine imposed under this regulation is payable whether or not an overdue notice has been issued.

8. Overdue notices

If an item is not returned on or before the due date, the University may—

  1. issue a notice to the borrower requesting return of the item;
  2. after a reasonable time following the issue of the first overdue notice, issue a further notice to the borrower.

9. Lost library items

  1. A member of library staff may decide that an item is lost if it has not been returned within a reasonable time after the issue of a second overdue notice to the borrower in respect of the item.
  2. If a member of library staff decides that an item is lost, he or she may send to the borrower a notice requiring payment of an amount equal to
    1. the replacement cost of the item; and
    2. a processing fee determined in accordance with University policies and procedures.
  3. The amount specified in a notice under the section is a fine payable by the borrower.

Note
Section 61 of the Act provides that a fine imposed under the university regulations on a specified person is a civil debt recoverable summarily by the University in a court of competent jurisdiction.


Part 3. Conduct in the Library

Division 1 Library Code of Conduct

  1. The University may make a Library Code of Conduct.
  2. The Library Code of Conduct may establish principles for—
    1. use of and access to library and information services;
    2. acceptable behaviour when using a library; and
    3. acceptable behaviour when using digital information resources

Division 2 Misconduct in relation to library services

Directions

A member of library staff may give directions to a person who is in a library or who is using library and information services if it appears that the person is acting in contravention of the Library Code of Conduct.

General misconduct

It is general misconduct for the purposes of the Student General Misconduct Regulations 2012 if a student—

  1. fails to pay a fine payable under regulation 6 or 8;
  2. fails to pay the amount required under a lost library item notice issued under regulation 10 within the time specified in that notice;
  3. fails to comply with the requirements of these Regulations relating to conduct in the library;
  4. fails to comply with—
    1. a direction given by a member of library staff in accordance with regulation 12; or
    2. any other reasonable order or direction of a University staff member, police officer or security officer relating to conduct in the library or in relation to the use of library services or information resources.

Removal from premises and confiscation

  1. A member of library staff may confiscate anything in the apparent possession of a student if—
    1. the student apparently has committed, is committing or intends to commit general misconduct; and
    2. the thing being confiscated appears to indicate that general misconduct has occurred, is occurring or may occur.
  2. A student may be refused access to University premises, or expelled from University premises, if the student appears to be committing general misconduct.