Chapter 4 - General Resolutions Including Protocols

4.19 Security Policy

Introduction

1.1 This Policy aims to provide a clear and unambiguous document from which University security staff and contract security officers can develop Standard Operating Procedures that will assist them in carrying out their duties effectively and efficiently, particularly in relation to dealing with persons who are about to commit, are committing or have committed an offence under government and University statutes and regulations.

1.2 A measure of this Policy’s effectiveness will be determined by the ability of students, staff and visitors to continue to enjoy the social and academic benefits of life at the University.

1.3 The policy documented here is subject to various government and University statutes and regulations, and has been written with particular reference to the Summary Offences Act 1966 (Vic) and the Crimes Act 1958 (Vic).

1.4 This Policy will also provide a basis for which Standard Operating Procedures and other security policies, procedures and guidelines will be drafted, and will form the framework for security operations at the University.

1.5 The Department of Property and Campus Services will be responsible for the implementation, evaluation and modification of this Policy, and any other policies, procedures and guidelines that continue to assist Security Personnel in providing a safe and secure environment for staff and students at the University.

Definitions

2.1 The following terms will have the following meanings in this Policy:

2.1.2 “Authorised Officer” - means Security Personnel who are authorised by the Vice-Chancellor to exercise the powers set out in Section 6 below

2.1.3 “Control Room Operator” - means Security Personnel responsible for the operation of the security control room

2.1.4 “Policy” - means this Security Policy

2.1.5 “Security Management” - means the staff employed by the University to manage security operations and Security Personnel

2.1.6 “Security Personnel” - means staff employed or contracted by the University to perform security and traffic control functions

2.1.7 “Standard Operating Procedures” - means the Standard Operating Procedures as issued and amended from time to time by the Department of Property & Campus Services

2.1.8 “University Premises” - means all land and buildings occupied, leased or owned and occupied by the University

Role of Security

3.1 The role of Security Personnel is to provide staff and students with a safe and secure environment which facilitates and promotes the transfer of knowledge and the desire to research and develop new ideas and solutions

3.2 Security Personnel are tasked by the University with ensuring the safety and wellbeing of staff, students, contractors and visitors whilst engaged in these pursuits. In particular, Security Personnel duties include:

3.2.1 the prevention and investigation of crimes against the person eg. assaults, offensive behaviour, indecent exposure, trespass etc

3.2.2 the prevention and investigation of property crimes eg. wilful damage, theft, burglary etc

3.2.3 the maintenance of public order

3.2.4 the management of emergencies eg. fires, chemical spills, injury; and

3.2.5 otherwise ensuring staff, students and visitors comply with relevant government and University statutes, regulations, policies and guidelines whilst on University Premises.

3.3 Security Management are authorised by the University to carry out the above duties by virtue of this Policy and the terms and conditions of their contract of employment with the University.

3.4 Contracted Security Personnel are authorised by the University to carry out the above duties by virtue of this policy and the terms and conditions of the University’s security contract with the external security provider.

Access to University Premises

4.1 By virtue of their enrolment or employment at the University, current students and staff have a contractual right to access those areas of University Premises in order to fulfil their duties or academic requirements or for other lawful and legitimate purposes.

4.2 Members of the public have an implied licence to enter parts of University Premises that common sense would recognise as “public places” (see 4.4 below).

4.3 Members of the public may also be given a legal right to access those University Premises not defined as public places to undertake work as contractors, attend functions, partake in recreational or other activities or use the premises for events under an arrangement with the University. The legal rights of these groups to be on University Premises vary from contractual rights to implied or actual licences.

4.4 The Summary Offences Act 1966 (Vic) defines a “public place” as:

4.4.1 any public highway, road, street, bridge, footway, footpath, court, alley, passage or thoroughfare notwithstanding that it may be formed on private property

4.4.2 any park, garden, reserve or other place of public recreation or resort

4.4.3 any public hall, theatre or room while members of the public are in attendance at, or are assembling for or departing from, a public entertainment or meeting therein

4.4.4 any licensed premises or authorized premises within the meaning of the Liquor Control Reform Act 1998 (Vic); and

4.4.5 any open place to which the public, whether upon or without payment for admittance, have or are permitted to have access.

4.5 The University has the right to revoke the implied licence of a member of the public to be on University Premises at any time. The University may also impose conditions on a member of the public’s right to access University Premises.

4.6 Except in the case of an Authorised Officer taking action as detailed in clause 6.1.3 the revocation of a staff member or current student’s right to be on University Premises must be done in accordance with procedures outlined in relevant University statutes and regulations, policies and procedures such as the Personnel, Policies and Procedures Manual (for staff) and the Student Discipline statute (for students).

Appointment of Authorised Officers

5.1 The Vice-Chancellor, or his or her nominated delegates, may appoint, in writing, any person who he or she is satisfied has the necessary training, knowledge and experience to act on his or her behalf as an Authorised Officer to exercise the powers set out in 6.1 below.

5.2 Authorised Officers may be either staff employed by the University or contract staff engaged to perform security duties under a contract with the University.

5.3 Identity cards will be issued to an Authorised Officer who has met the requirements of (5.1 and 5.2). Authorised Officers must have their identity card prominently displayed at all times or be able to produce their identity card on demand.

Powers of Authorised Officers

6.1 An Authorised Officer is authorised by the Vice-Chancellor to:

6.1.1 regulate the Access and Behaviour of Persons on University Premises

an Authorised Officer is entitled to make enquiries and take reasonable action, in compliance with this Policy and associated documents, to regulate the access and behaviour of staff, students, visitors and members of the public whilst they are on University Premises in order to maintain a safe and secure environment.

6.1.2 request Proof of Identity or Reason for being on University Premises

6.1.2.1 an Authorised Officer may, at any time, request any person on University premises to produce proof of identity

6.1.2.2 if the person concerned is unable to produce his or her staff or student identity card or otherwise justify his or her right to be on University Premises, or that part of University Premises, an Authorised Officer may make reasonable and necessary enquiries to validate his or her status.

6.1.3 revoke a Persons Right to be on University Premises

An Authorised Officer may, at any time, revoke a person’s right to remain on University Premises if he or she is unable to produce appropriate identification or justification for being on University Premises or if the Authorised Officer has reasonable grounds to believe that the person has committed, is committing or is about to commit a criminal act or an offence under the Summary Offences Act 1966 (Vic) or other legislation, or breach University regulations or statutes in a way that may threaten public order, damage property or otherwise pose a threat to the safety and wellbeing of persons on University Premises.

The Summary Offences Act 1966 (Vic)

7.1 The Summary Offences Act 1966 (Vic) provides that it is an offence for a person to:

7.1.1 trespass on a public place and refuse or neglect to leave when ordered by the owner/occupier or someone duly authorised

7.1.2 enter a private place without lawful excuse or without the express or implied authority given by the owner/occupier or someone duly authorised

7.1.3 neglect or refuse to leave a private place after being requested to do so by the owner/occupier or someone duly authorised

7.1.4 without lawful excuse, enter into any place (whether public or private) in a manner likely to cause a breach of the peace; and

7.1.5 be drunk in a public place, post bills, use threatening or indecent language etc.

7.2 An Authorised Officer who finds a person committing any of these offences, in addition to taking action authorised above in 6.1, may lawfully exercise the power of arrest described in Section 8 below.

Power of Arrest

8.1 The powers of arrest by an Authorised Officer on University Premises are the same as those of any member of the public. The Crimes Act 1958(Vic) states that any person may, at any time, apprehend and deliver to a member of the police force any person—

8.1.1 he or she finds committing any offence where he or she believes on reasonable grounds that the apprehension of the person is necessary for any one or more of the following reasons -

8.1.1.1 to ensure the appearance of the offender before court

8.1.1.2 to preserve public order

8.1.1.3 to prevent the continuation or repetition of the offence or the commission of a further offence; or

8.1.1.4 for the safety or welfare of members of the public or of the offender.

8.1.2 when instructed so to do by any member of the police force and

8.1.3 he or she believes on reasonable grounds is escaping from legal custody.

8.2 Any person making an arrest must be mindful of the use of force required to effect that arrest. Section 462A of the Crimes Act 1958 stipulates that a person may use only such force as he or she believes on reasonable grounds is necessary to complete the arrest.

Power of Search

9.1 Security Personnel do not have a general power to search a person’s body or property without that person’s consent except in the following circumstances:

9.1.1 where the search is a condition of entry to premises or to an event and appropriate signage is clearly displayed at the entrance notifying people that their persons or their bags may be the subject of a search

9.1.2 where a screening device is used as a condition of entry and the device indicates that the person may be carrying a prohibited or hazardous item; and

9.1.3 where it may be necessary to confiscate any weapons or items which may be used to cause harm to the person or to others.

9.2 When undertaking a search, Security Personnel must comply with search procedures detailed in the Standard Operating Procedures.

Police Access to University Premises

10.1 Police reserve the right to enter University Premises:

10.1.1 in response to a call for assistance from staff, students or a member of the public

10.1.2 in an emergency situation; or

10.1.3 to conduct routine patrols and as part of their commitment to community safety.

10.2 Communication

Security Personnel are required to inform Security Management immediately when police have been called to University Premises. Depending upon the nature of the event, the General Manager, Campus Operations or the Vice-Principal, Property and Campus Services, may inform the Vice-Principal (Head of Administration).

10.3 Emergencies

Staff, students and members of the public should notify the Control Room Operator of any emergencies where police are called in order that the Control Room Operator can coordinate and expedite police attendance at the emergency site.

10.4 Non Emergency Security Incidents

All non-emergency security incidents which occur on campus should be reported to Security Personnel. The Control Room Operator is responsible for ensuring police are notified of all minor incidents on campus, including those relating to the loss or damage of personal property.

10.5 Political Statements or Protests

The University is responsible for managing the security response to all protest action or demonstrations on University Premises. When Security Personnel become aware that a political protest or demonstration is planned or taking place, they must immediately notify Security Management.

Police should only enter University Premises in relation to protest action or demonstrations when requested to do so by the Vice-Chancellor or the Senior Vice-Principal.

10.6 Police Operations

Police may, from time to time, conduct specific operations on University Premises. However, the police have undertaken to notify the University prior to any planned operations taking place.

Union House

11.1 Union House is currently leased to Melbourne University Student Union Limited (MUSUL) under an agreement dated 23 December 2003. Under this agreement, MUSUL assumes responsibility for security issues within Union House.

11.2 All persons lawfully on University Premises are entitled to access and use non-exclusive areas of Union House, for example all toilets and locker rooms (except those specifically designated for use of MUSUL members), corridors, foyers, access and through way areas and the North Court.  MUSUL may make reasonable rules regarding the use of these non-exclusive areas.

11.3 University Security Personnel are entitled to enter and access these non-exclusive areas but have no authority to evict persons or carry out security duties in Union House unless requested to do so by MUSUL security and in accordance with Standard Operating Procedures. It should be noted that:

11.3.1 A grant of non-exclusive occupancy of the North Court is given to MUSUL by the University. MUSUL must ensure this area is not used for any illegal or offensive purpose but the University retains general responsibility for the area, subject to any rules of access stipulated by MUSUL.

11.3.2 MUSUL must provide prior notice to the Control Room Operator of its intention to evict any persons from Union House, or its intention to call police onto University Premises for any reason.

11.3.3 Any persons evicted from Union House must be delivered by MUSUL staff to police and not released onto University Premises.

CCTV Usage

12.1 Control Room Operators and Security Management are able to access live and recorded images derived from CCTV cameras on University Premises. Use of this material is subject to the CCTV Code of Practice.

Duty of Care

13.1 Notwithstanding their responsibilities under the various statutes and policies contained herein, all Security Personnel have a duty of care to the University and its staff, students and visitors to fulfil their duties in a fair and equitable manner so as not to tarnish the University’s name or impinge on the rights of the individual to enjoy the facilities available to them.

Relevant Policies, Guidelines and Procedures

14.1 This policy aims to be consistent with, and is to be read in conjunction with the following:

University Statute 2.4

University Statute 13.1

Personnel, Policies and Procedures Manual

Crimes Act 1958

Summary Offences Act 1966

Melbourne University Act 1958

Melbourne University CCTV Code of Practice 2007

14.2 Standard Operating Procedures associated with this policy will be incorporated into instructions and teaching materials which will be made available to officers. All officers are to be fully conversant with these procedures prior to commencing duties at the University.