ALICE SPRINGS (PUBLIC LIBRARY) BY-LAWS 2009

The central concept is the library, defined as the Alice Springs Public Library (Nevil Shute Memorial Library) and any branch of it, plus any other public library the Council may administer. The definition of book or material is deliberately broad and includes not only printed items (books, magazines, newspapers, pamphlets) but also music scores, gramophone records, audio-tape recordings, compact discs, digital video discs, prints, photographs, maps, charts, plans, films, slides, microforms, manuscripts, toys, posters, and any other article forming part of the library’s contents available for borrowing, reference, or perusal. This expansive definition catches most modern media and even objects like toys. Borrower means a person registered under by-law 5, and a borrowers card is a current and valid card issued under by-law 6. The Council area is defined geographically as a circle with a 100 kilometre radius centred on the Alice Springs Post Office - a large rural catchment. The Library Manager is the person appointed by the Council to manage the library. An officer is either a library employee or an authorised person as defined in section 7 of the Local Government Act 2019. A penalty unit is referenced to the Penalty Units Act (NT). Registration runs for two years and is renewable. Two borrower categories are created: town borrowers (must be registered) and country borrowers (may be registered). However, the Council may determine any other category and its conditions by resolution - a broad discretionary power that allows the Council to create new classes of borrower (e.g., institutional, temporary, or fee-paying) without amending the by-laws. Fees are not charged for registration itself, but the Council may determine fees for administration and enforcement (such as replacement card fees) and may set borrowing fees for items of certain nature or value. The borrower’s liability for loss or damage is strict: the person whose card was used to borrow the item may be required to pay replacement/repair costs or provide a replica, but no property in the item passes to that person. The conduct provision uses subjective opinion (Library Manager or officer) as the trigger for a direction to leave, with an immediate offence for non-compliance.

The by-laws directly affect three main groups: borrowers, visitors, and the Council’s library administration. Borrowers include any person who registers to borrow, whether a town resident or a country resident. Town residents within the 100 km zone have a right to be registered (subject to good standing), while country residents outside that zone have only a discretionary opportunity. Minors under 18 years are a special subclass: their application must be signed by a parent or guardian, who then personally guarantees payment of any fees, charges, or costs for loss or damage incurred before the minor turns 18. This guarantee is not capped and applies to all by-law liabilities, making parents and guardians financially exposed for a minor’s borrowing. Visitors who do not borrow but simply use the library for reading, reference, or other purposes are subject to the conduct rules in by-law 13. Any person who enters the library may be directed to leave based on an officer’s subjective opinion about their behaviour or dress, and if they do not leave immediately they commit an offence. This gives the library staff broad authority to exclude persons without need for objective criteria or prior warning. Library staff and the Library Manager are the enforcers: they must register borrowers, issue cards, manage loan periods, determine fees (by Council resolution), handle recalls, reserves, and extensions, and enforce conduct and loss/damage provisions. The Alice Springs Town Council bears the ultimate administrative and financial responsibility for setting fees, determining opening hours, and deciding any additional borrower categories. The by-laws also affect persons who change address: a borrower must notify the Library Manager within 7 days, and a town borrower who permanently leaves the Council area must return their card within 7 days. Failure can lead to suspension or cancellation of registration. Finally, any person who loses or damages library materials is affected by the replacement/repair liability, which can be significant given the broad definition of “cost of or relating to replacing”.

Borrowers’ rights are set out in by-law 8: a registered borrower is entitled to borrow, free of charge, any book or material that the Library Manager designates as available for lending, and to access other free services the library may provide. However, this right is qualified: the Council may impose a borrowing fee on items of such nature or value that a fee is considered appropriate (by-law 8(2)), and registration itself is subject to being suspended or cancelled under by-law 12. Registration is not a guarantee of access to every item; it is a privilege that can be withdrawn.

Borrowers’ duties are numerous and specific. By-law 7 requires the borrower to present their borrowers card when borrowing and to use only their own card (non-transferable). Loss of a card must be reported immediately (by-law 7(4)). By-law 9 imposes a duty to return items by the due date (determined by the Council) and to comply with any early recall notice posted to the borrower’s address as shown on library records. The Library Manager may extend the loan period only if the item is not required by another borrower. By-law 10 places the borrower responsible for the safe care and return of all borrowed items; damage must be reported upon return. If an item is not returned after due notice, or is lost or damaged, the person whose card was used must pay the cost of replacement or repair, or may instead provide a replica with the Library Manager’s approval. By-law 11 requires a borrower to notify a change of address within 7 days, and a town borrower leaving the Council area permanently must return the card within 7 days. Minors’ duties are effectively assumed by the parent or guardian guaranteeing the application.

Library Manager’s duties include: registering town borrowers (mandatory upon proper application), issuing borrowers cards, determining loan limits (by-law 9(3)), handling reserves, notices, extensions, and collecting fees. The Library Manager must act within the by-laws but has significant discretion: they may register country borrowers, extend loans, waive replacement card fees on hardship grounds, and suspend or cancel registration for any breach. The by-law 13 conduct power allows a direction to leave based on the Library Manager’s or an officer’s opinion, with no specified right of appeal.

Council’s duties include causing the library to be open at determined hours, posting a notice of hours, deciding fees and charges by resolution, and determining any additional borrower categories. The Council must also ensure the by-laws remain in force under the Local Government Act.

The only criminal penalty created by the by-laws is in by-law 13(2): a person who does not immediately leave the library after being directed to do so under the conduct power commits an offence punishable by 1 penalty unit. The penalty unit is defined by reference to the Penalty Units Act (NT). As at common knowledge, one penalty unit in the Northern Territory is currently $157, but the by-law relies on the external definition, so the dollar amount changes with amendments to that Act. This is a very small financial penalty, but the offence is strict in the sense that the only precondition is a direction given on the officer’s opinion. There is no requirement that the behaviour actually caused offence or interference; only that the officer believed it was likely to do so. Enforcement would typically be by the library officer calling police or by the Council issuing an infringement notice. There is no mention of a court hearing or penalty escalation for repeat offences.

Beyond the criminal offence, enforcement is primarily administrative. The Library Manager may suspend or cancel a borrower’s registration for any failure to comply with the by-laws (by-law 12(1)). This is a broad discretionary power: non-compliance could be as minor as failing to notify a change of address or returning an item one day late. There is no right of appeal or review stated in the by-laws. Once cancelled, the Library Manager is not obliged to re-register that person (by-law 12(2)), effectively allowing permanent exclusion from borrowing privileges. This administrative enforcement is arguably more potent than the criminal penalty because it can cut off access to the library entirely.

For loss or damage, enforcement is civil: the Library Manager may require payment of replacement/repair costs or acceptance of a replica. If the borrower fails to pay, the Council could pursue debt recovery through the Local Court. The by-law does not create an offence for failing to return items; the only consequence is the civil liability and possible suspension. However, because the Library Manager can suspend registration for non-compliance, a borrower who fails to pay could simply lose their borrowing rights.

The Council also has the power to determine fees for administration and enforcement (by-law 6(2)), which could include late fees, processing fees, or card replacement fees. These fees are determined by resolution, not by the by-law itself, so the Council can raise them without amending the by-laws.

The Alice Springs (Public Library) By-laws 2009 are made under the Local Government Act 2019 (NT), specifically under Part 13.1 which empowers councils to make by-laws. The by-laws were originally made under the 1993 Act and continued under the 2008 and 2019 Acts. Section 348 of the Local Government Act 2019 continues the by-laws in force. The reference to “authorised person” in the definition of “officer” incorporates section 7 of that Act, which gives certain powers to persons appointed by the council. The by-laws therefore operate within the broader local government framework, subject to any inconsistency with the parent Act (though the Local Government Act provides broad by-law making power). The by-laws also interact with the Penalty Units Act (NT), which sets the dollar value of a penalty unit. This means the offence penalty can change without amending the by-laws directly.

No other Commonwealth or Territory legislation is directly referenced, but several areas of law may be relevant. Discrimination law (both Commonwealth Racial Discrimination Act 1975 and NT Anti-Discrimination Act) could be engaged if the conduct direction under by-law 13 is applied in a discriminatory manner. The by-law gives an officer discretion to judge “condition, dress or manner” as likely to cause offence; this could be challenged if used to exclude people on the basis of race, disability, or other protected attributes. The by-law does not explicitly require non-discriminatory application, leaving potential exposure to legal challenge.

The by-laws also interact with contract law: the registration process can be seen as forming a contract between the library and the borrower, with the by-laws providing the terms. The parent or guardian guarantee for minors is a contractual guarantee enforceable under ordinary contract principles. The loss/damage provision (by-law 10) may interact with the law of bailment and tort; however, by-law 10(3) imposes liability regardless of fault (strict liability for the person whose card was used). Whether this ousts any common law defence of inevitable accident or contributory negligence is unclear, but the plain wording imposes liability on the person with whose card the item was borrowed. This could be tested if an item is stolen from a borrower without fault.

The by-laws repeal the earlier 1988 by-laws and are now the sole library-specific local laws for Alice Springs. They do not purport to override any other legislation, but they do not save any inconsistent provisions of the Local Government Act.

The by-laws were made by special resolution of the Alice Springs Town Council on 27 January 2009 and notified in the Gazette on 18 March 2009, commencing on that date. They repealed the Alice Springs (Public Libraries) By-laws 1988 (Subordinate Legislation No. 36 of 1988). The by-laws were originally enacted under the Local Government Act 1993. When the Local Government Act 2008 commenced, section 270(1)(b) continued the by-laws in force. When the Local Government Act 2019 commenced (assent 13 December 2019; main provisions 1 July 2021), section 348 continued the by-laws once again. The amending legislation list shows three amending Acts: Local Government Act 2019 (Act No. 39 of 2019) itself; Statute Law Revision Act 2020 (Act No. 26 of 2020, assented 19 November 2020, commenced 20 November 2020); and Local Government Amendment Act 2021 (Act No. 15 of 2021, assented 25 May 2021, commenced 26 May 2021). However, the specific amendments noted in the endnotes only show that by-laws 2 and 3 were amended by section 370 of the Local Government Act 2019. That amendment likely updated references to the new Act in the definitions and enactment clause. The other two amending Acts may have made consequential changes to definitions or penalty unit references, but no specific details are provided in the endnotes. The version as in force at 1 July 2021 reflects these amendments. The by-laws have not been substantially rewritten since 2009; the amendments are technical, updating parent Act citations. The ability of Council to determine fees and borrower categories by resolution allows administrative flexibility without legislative amendment, so many operational changes have likely been made by resolution rather than by amending the by-laws themselves. The continued reliance on the Penalty Units Act means the penalty amount adjusts automatically.

There is no litigation history recorded within the by-laws themselves, and given the minor nature of these local government regulations, reported court cases are unlikely. The by-laws do not create significant monetary stakes; the maximum penalty is one penalty unit, and loss/damage claims are typically small. However, several provisions could theoretically give rise to legal challenge. The conduct direction in by-law 13 is based on an officer’s subjective opinion about whether behaviour is “likely to cause offence” or “interfere with the use and enjoyment of the library”. This discretion could be challenged on administrative law grounds if exercised arbitrarily or for an improper purpose. A person directed to leave could argue that the direction was unreasonable or that the opinion lacked a factual basis. The absence of a warning requirement or objective criteria weakens the robustness of the provision.

The suspension and cancellation power in by-law 12 also lacks procedural fairness safeguards. A borrower whose registration is cancelled without notice or hearing could potentially seek judicial review or a declaration that the decision was ultra vires or in breach of natural justice. Given the small sums involved, such litigation is rare, but not impossible. Another potential challenge could arise if a parent or guardian is asked to pay for items lost or damaged by a minor after the minor turns 18, given that the guarantee in by-law 5(3) only covers fees and losses incurred before the minor attains 18. The Library Manager might attempt to claim that the parent is still liable for items borrowed just before the 18th birthday but not returned until after; the wording of by-law 5(3)(b) limits liability to losses “incurred under these By-laws by the minor before he or she attains the age of 18 years”. A loss is arguably incurred when the item is borrowed, not when it is returned or lost. This could be litigated.

Overall, the litigation history is essentially nil in reported cases. The by-laws function as administrative rules with low enforcement stakes, making litigation uneconomical for most disputes. The absence of an internal review mechanism increases the likelihood of unresolved disputes but not of formal litigation.

Several provisions in these by-laws present traps for the unwary borrower or visitor. First, the parent or guardian guarantee for minors is open-ended. The parent must pay any fees or charges incurred by the minor before age 18, and also pay for any book or material lost or damaged while on loan to the minor before that age. There is no cap, and the guarantee covers “any fees or charges” which could include late fees or processing charges determined by Council resolution. Parents who sign the application should assume the risk of replacement costs for any item the minor borrows.

Second, the borrowers card is non-transferable (by-law 7(2)). Allowing another family member to use the card could constitute a breach leading to suspension. The liability for loss or damage falls on the person “with whose borrower’s card the book or material was borrowed” (by-law 10(3)), not necessarily the person who physically took the item. So if a borrower’s card is used without permission (or simply lent), the registered borrower bears the replacement cost.

Third, the change of address obligation is strict and quick - 7 days. A borrower who moves and fails to notify within that period can have their registration suspended or cancelled (by-law 12). Combined with the early recall power (by-law 9(2)), where a notice posted to the address on library records is deemed effective, a borrower who has moved may never receive the recall notice and may incur liability for lost items because they did not return by the earlier due date. The notice is deemed validly sent if posted to the address on file; it does not require actual receipt.

Fourth, the early recall power itself is a trap: the Library Manager may require return before the original due date by notice posted to the address on file (by-law 9(2)). There is no minimum notice period stated; it could be a day or two. A borrower who does not check mail frequently may be caught.

Fifth, the conduct power in by-law 13 is broad. An officer may form an opinion that a person’s “condition, dress or manner” is likely to cause offence or interfere with use. This could encompass homelessness, unusual attire, or emotional distress. There is no requirement for a warning; the officer simply directs the person to leave. Failure to leave immediately results in a criminal offence. There is no appeal mechanism in the by-laws; the only recourse would be to challenge an infringement notice in court.

Sixth, the loss/damage liability applies even if the borrower is not at fault. By-law 10(3) states the person with whose card the item was borrowed “may be required to pay the cost of or relating to replacing the book or material or to repairing the damage”. This is strict liability; there is no defence of accidental loss, theft from the borrower, or damage caused by a third party. A borrower whose bag is stolen with a library book inside is still liable.

Seventh, if a borrower pays replacement cost or provides a replica, but the item later is returned to the library, the borrower does not automatically get a refund or their replica back. By-law 10(4) says the Library Manager may direct repayment of the whole or part of the sum paid, or return of the replica. This is discretionary; there is no right to a refund. Eighth, the Library Manager may suspend or cancel registration for any non-compliance (by-law 12). This power is not limited to serious or repeated breaches. A single late return could theoretically lead to cancellation, and if cancelled, the library is not obliged to re-register that person ever. There is no right to a hearing or reasons. Ninth, fees are determined by Council resolution and can change without amendment to the by-laws. The borrowing fee for valuable materials (by-law 8(2)) may be introduced at any time, retroactively affecting items already borrowed. Tenth, the definition of book or material includes “toy” and “poster”, meaning unusual items may have high replacement costs that a borrower may not anticipate.

For individual borrowers, compliance begins with accurate registration: produce proof of residence (and if a minor, have a parent or guardian sign the application and guarantee). Once registered, always use your own borrowers card and present it when borrowing anything. Do not lend your card to others; if it is lost or mislaid, report the loss immediately to the Library Manager or senior staff to prevent misuse (if the card is used by someone else, the liability still falls on you as the registered holder). Replace a lost card promptly and pay the determined fee (hardship remissions are possible but not guaranteed). Keep your address up to date: notify the library within 7 days of any change. If you move permanently outside the Council area, return your card within 7 days.

When borrowing items, be aware of the loan period and any recall notices. The loan period is set by Council and may change; check the library’s website or the notice affixed to the library entrance. Check your mailbox (or the address on file) regularly, since recall notices are posted to that address and may require early return. If you need longer, request an extension from the Library Manager before the due date; extensions are at the Library Manager’s discretion and only if the item is not required by another borrower. Reserve items that are currently unavailable by completing a form.

Take proper care of all borrowed materials. If an item is damaged while in your possession, report the damage when you return it; do not try to hide it. If an item is lost, report it promptly and discuss with the Library Manager whether to pay the replacement/repair cost or provide a replica (which requires the Library Manager’s approval). Note that paying the cost does not make the item yours; if it is later found and returned, the Library Manager may refund some or all of the sum at their discretion - but this is not guaranteed, so try to locate the item before paying. Keep receipts or copies of any payments made.

For conduct: behave in a way that does not cause offence or interfere with others’ use. If an officer directs you to leave, do so immediately. Arguing or delaying could lead to an offence. If you believe the direction was unfair, you can complain to the Council, but by-law 13 provides no right of re-entry.

For parents or guardians of minor borrowers: understand that you are guaranteeing all fees and costs until the minor turns 18. Monitor the minor’s borrowing, ensure items are returned on time, and instruct them in proper care. If the minor loses or damages an item, you are liable; do not assume the minor’s own responsibility shields you.

For the Council and Library Manager: ensure opening hours are determined and posted. Register eligible town borrowers without delay. Determine fees by resolution and keep a record. Determine additional borrower categories if needed. Set loan periods and limits and communicate them clearly. Operate the suspension and cancellation power fairly, even if the by-laws do not require procedural fairness; keeping written reasons for adverse decisions will reduce litigation risk. Train officers on the conduct power to avoid arbitrary or discriminatory exercise. Keep the by-laws accessible to the public. Maintain current legislative references (e.g., ensure penalty unit updates are tracked).