Conditions of entry to Council buildings

Purpose

The conditions of entry define acceptable conduct and behaviour of visitors to all Nillumbik Shire Council buildings, ensuring we provide a safe and welcoming environment for everyone.

Scope

These conditions of entry apply to all Nillumbik Shire Council premises, including the immediate vicinity of Eltham Library Community Gallery.

Conditions of entry

All visitors to any Nillumbik Shire Council building or immediate surrounds must:

  • conduct themselves in a courteous and respectful manner to staff and other visitors
  • wear reasonable attire including footwear and a shirt
  • present any container or bag for inspection on the request of an Authorised Officer
  • follow all reasonable requests from an Authorised Officer to modify disruptive or unsafe behaviour
  • leave the building if instructed by an Authorised Officer
  • only enter during opening hours unless otherwise authorised.

Visitors must not:

  • cause or commit any nuisance
  • interfere with the use or enjoyment of that Council land or the personal comfort of another person in or on that Council land, or cause discomfort, inconvenience, harm or pose a risk to staff or other visitors
  • endanger any other person in or on that Council land
  • commit an indecent, offensive, insulting or riotous act
  • use indecent, offensive, insulting or abusive language to any other person in or on Council land
  • act in a manner contrary to any sign
  • camp or occupy a tent, caravan, motor home, or other temporary structure
  • consume alcohol, illicit drugs or misuse substances
  • smoke any tobacco product or use a device which is used to inhale vaporized liquid containing nicotine, flavourings, or other chemicals inside or within 10 metres of any entry or exit of a Council building
  • destroy, damage interfere or deface Council land or anything on or in Council land or deface, damage or interfere with Council property
  • place, erect, hang, or affix any advertising sign or any other signage on or above any council asset or Council land (without a permit)
  • display or distribute to any person any handbill in or on a Public Place or allow that to occur
  • bring any animal in to or allow any animal under their control to remain in, a Council building, except for a registered assistance animal, evidence must be provided upon request by an Authorised Officer.

Registered assistance animals

  • The person in apparent control of any dog must keep the dog restrained by means of a chain, cord or leash not greater than three metres in length, and is attached to the dog when the dog is in any Public Place in the municipality.
  • The chain, cord or leash must be held by or attached to the person in apparent control of the dog.
  • The person in apparent control of any dog must ensure that the dog is under Effective Control at all times when in any reserve or Public Place within the municipality, including a permitted off-leash area or reserve.

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.

Right Assessment
Equality
(Section 8)		 The policy applies to all individuals equally but makes reasonable adjustments for religious or medical needs. This ensures non-discrimination.
Freedom of movement
(Section 12)		 Entry restrictions are reasonable, proportionate, and justifiable under Section 7(2) (limitations clause) for safety and security purposes.
Right to privacy and freedom of religion and expression
(Sections 13, 14 and 15)		 The policy permits exemptions for religious dress and medical coverings, thus respecting privacy and religious freedom.
Proportionality
(Section 7(2))		 The limitation is lawful, necessary, and proportionate in a democratic society concerned with public safety

Related legislation and/or regulations

  • Nillumbik General Local Law 1
  • Nillumbik General Local Law 1 Procedure and Protocol Manual
  • Domestic Animals Act 1994 - Section 26 (2) Order

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.
Effective Control ‘Effective Control’ means, but is not limited to:
  • on a leash of not more than three metres in a Public Place (other than a Designated Area or Reserve; and
  • is under effective voice and or hand control and within constant sight if in a Designated Area or Reserve; and
  • capable of being controlled to such an extent that no damage and or injury could be or is caused to any person or animal; and
  • does not bother or worry other people; and
  • is restrained and prevented from digging, burrowing or otherwise disturbing turf, grassed areas or the earth in any way; and
  • is restrained and prevented from damaging property or Council assets.
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.

Related policies, procedures and/or guidelines

  • Equal Opportunity Act 1995 (Vic)
  • Charter of Human Rights and Responsibilities Act 2006 (Vic)
  • Summary Offences Act 1966
Policy owner Nillumbik Shire Council
Authorised by Manager Community Safety
Date of next review October 2026
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