Director-General Notice – Prohibition of Entry 2019

Overview

The Director-General Notice – Prohibition of Entry Notice 2019, made under section 20 of the National Library Regulations 2018, aims to ensure the safety of the National Library of Australia's collection assets and its visitors by prohibiting entry outside of specified opening hours, with the exception of attendance at approved events. This notice was deemed necessary to maintain the security of the library and its holdings, and it applies uniformly to all members of the community. It was not subject to consultation as it was considered minor and did not substantially alter existing arrangements, nor does it disadvantage any particular section of the community. The prohibition periods outside the library’s published opening hours are intended to be equally applied, aligning with the reasonable expectation that entry will not be permitted beyond these hours. This legislative instrument is compatible with human rights, as it ensures the safety and security required to uphold the right to enjoy and benefit from culture, as protected under Article 15 of the International Covenant on Economic, Social and Cultural Rights. The prohibition of entry outside opening hours, while regulating access, is deemed appropriate and in accordance with human rights, maintaining the integrity of the library's collection and the well-being of its visitors.

Scope and Application

The Director-General Notice – Prohibition of Entry Notice 2019, made under section 20 of the National Library Regulations 2018, aims to regulate access to the National Library of Australia to ensure safety and security. The instrument prohibits entry to the Library outside of the specified opening hours, except for attendance at approved events that occur outside these hours. This prohibition applies equally to all members of the community and is considered necessary to protect the Library’s collection assets and ensure the safety of people. The instrument operates to enforce the restrictions specified within a notice issued by the Director-General under the National Library Regulations 1994, without substantially altering existing arrangements. The Notice was deemed of a minor or machinery nature, thus consultation was not undertaken, and it does not advantage or disadvantage any particular sections of the community. Furthermore, the Legislative Instrument is compatible with human rights, as it appropriately restricts access to safeguard both the cultural assets of the Library and the public, in line with Article 15 of the International Covenant on Economic, Social and Cultural Rights.

Key Provisions

The main operative sections of this legislation (F2019L00255) are found under section 20 of the National Library Regulations 2018, which provides the Director-General with the authority to issue a notice that specifies a prohibition or restriction relating to Library property. This notice (F2019L00255) specifically prohibits entry to the National Library of Australia outside of the published opening hours, with the exception of attendance at approved events held outside of these hours (section 20). This prohibition is necessary to ensure the safety of the Library's collection assets and the safety of people (section 20). The opening hours may be adjusted as needed, for example to extend hours for exhibitions in the Exhibitions Rooms (section 20). The obligations imposed by this Act are primarily on the Director-General of the National Library of Australia. The Director-General must ensure that the prohibition on entry outside opening hours is enforced and that any approved events are adequately managed to ensure safety and security (section 20). The Director-General is also responsible for communicating any changes to opening hours to the public in a timely manner to maintain transparency and compliance with the notice (section 20). Additionally, the Director-General must ensure that the prohibition does not substantially alter existing arrangements and is applied equally to all members of the community (section 20). In terms of consequences for breach, this legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for violating the prohibition of entry outside opening hours. However, the prohibition is necessary to ensure safety and security, and any breach could potentially lead to legal action for unauthorised entry or other related offences under the National Library Regulations 2018 or other applicable laws. The severity of penalties would depend on the specific circumstances and any related legislation. The notice itself serves as a formal warning and legal basis for enforcing the prohibition to maintain the safety and security of the Library and its collections (section 20).