Banning policy

Purpose

The purpose of this policy is to provide a clear, fair, and lawful framework for issuing banning notices to individuals whose behaviour poses a risk to the safety, wellbeing, or effective functioning of council facilities.

This policy ensures compliance with Victorian legislation while respecting the human rights of all individuals

Scope

As part of Nillumbik Shire Council’s commitment to meet its duty of care and promote a culture where harm to our people and the community is unacceptable, Council recognizes and will enforce its right to limit the access and use of properties under its control.

This policy applies to all property or premises that Nillumbik Shire Council is the lawful owner, occupier or apparently in charge of.

Policy statement

Council is committed to providing a safe, respectful, and inclusive environment for staff and community members. Where an individual’s conduct is threatening, abusive, or significantly disruptive, council reserves the right to formally revoke the right of any person to enter to enter its premises without lawful excuse, and if appropriate may issue a banning notice in accordance with the following legislation:

Local Government Act 2020 (Vic) - Sections relating to governance rules, conduct, and the safety of council operations.
Summary Offences Act 1966 (Vic) - Provisions relating to disorderly, offensive, or threatening behaviour in public places.
Occupational Health and Safety Act 2004 (Vic) - Duty to provide a safe environment for employees and visitors.
Charter of Human Rights and Responsibilities Act 2006 (Vic) - Ensuring any restriction on access is reasonable, proportionate, and demonstrably justified in a free and democratic society.

Issuing a banning notice

A banning notice will:

clearly state the reason for the ban.
specify the duration and scope of the restriction.
provide information on how to request a review or appeal.
ee issued in writing by an authorised officer.

Any limitation will only occur where it is lawful, necessary to protect safety or public order, and proportionate to the risk posed.

Review and appeal

Individuals may request a review of a banning notice within 14 days of issuance. Reviews will be conducted by a senior council officer not involved in the original decision.

How to request a review

If you receive a banning notice, you can write to us within 14 days to ask for a review. Request must be submitted in writing to nillumbik@nillumbik.vic.gov.au. A senior council officer who was not involved in the original decision will look at your case.

Our commitment

We will always try to resolve issues without banning someone. A banning notice is a last resort to keep everyone safe.

Enforcement

Failure to comply with any reasonable direction by an Authorised Staff Member to rectify a breach of these conditions may result in further enforcement, a ban on entry to any council building, and/or referral to the police for further action.

Access, equity and inclusion impacts

Nillumbik Shire Council actively supports the substantive rights outlined in the Charter of Human Rights and Responsibilities Act 2006 (Vic.), notably those of relevance to the role and function of public place including freedom of thought, conscience, religion and belief, freedom of expression, taking part in public life and cultural rights.

Council acknowledges majority of local government-controlled areas and facilities are public places, managing an area or facility by prohibiting or restricting the right of members of the public to access such places via a banning process requires balancing the following considerations:

the right of a person to peacefully assemble in a public place under the Peaceful Assembly Act 1992; and
the imposition of restrictions that are necessary and reasonable in a democratic society in the interests of public safety, public order, and the protection of the rights and freedoms of other persons; and
the protection of human rights under the Charter of Human Rights and Responsibilities Act 2006.

Definitions

Reference term	Definition
Authorised Officer	‘Authorised Officer’ means any person appointed by the Council to be an Authorised Officer under section 224 of Local Government Act 1989 and includes members of Victoria Police who are appointed under that section.
Council	‘Council’ means Nillumbik Shire Council.
Council building	‘Council building’ means a building: a) that is owned, occupied or controlled by Council, or b) that is under the care or management of Council.
Council Land	‘Council Land’ means any land which Council owns, occupies, manages, has leased or licensed to another person or is otherwise under Council’s control and management but does not include a road.
Nuisance	‘Nuisance’ means someone or something that causes a problem for other people, an area, etc. that may be able to be solved by the law
Public Place	'Public Place’ has the same meaning as in the Summary Offences Act 1966.
Visitor	‘Visitor’ means someone who visits a person or place

Policy owner	Nillumbik Shire Council
Authorised by	Director Governance, Communications and Community Safety
Date of next review*	March 2031

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