Regulations for the Conduct of the State Library

The Regulations centre on a few recurring, operational legal concepts: delegated managerial authority, defined scope of library material, limited user rights, conditional reproduction rights, discretion over lending, behavioural regulation, exclusion with procedural formality, monetary sanctions, and interplay with other library regulations.

Defined roles and objects: Regulation 2 defines the Act and Board as legal anchors, and gives expansive meaning to “book”, expressly including periodicals, photographs, maps, film, slides, gramophone records and “any other article of a like nature” forming part of library contents, whether or not Board property (r 2). “Librarian” is the State Librarian or the person in charge of any part or section (r 2). “Library” is the State Library and includes rooms, offices, passages, staircases, entrances, exits and gardens forming part of or adjacent to it (r 2). These definitions determine the spatial and material reach of the Regulations’ operational rules and enforcement powers.

Delegated managerial authority: The librarian has “general control and charge” of the library and is responsible to the Board for safe custody of books and property (r 4). This broadly worded delegation appears to include day-to-day operational choices, enforcement of behavioural standards, control over access and custody of material, and authority to impose conditions on use and loans (see r 34(2)).

Behavioural regulation and exclusion: Users must obey “any reasonable direction” of the librarian and must not wilfully obstruct Board staff or disturb others (r 14). Regulation 32 elaborates exclusion powers and grounds for exclusion, including disorderly conduct, appearing affected by alcohol or drugs, accessing indecent/offensive content on public-area electronic devices despite direction to stop, not using the library for intended purposes, and repeated or likely breaches of the Regulations (r 32(1)). Exclusion requires a written notice specifying period (up to two years), reasons, and right to apply to the Board for review (r 32(2)-(4)). The Board may confirm, revoke or alter the exclusion period on review (r 32(5)).

Use, lending and reproduction: The State Library is to be conducted primarily as a reference library (r 34(1)). Lending from stock is discretionary and limited to three classes: approved libraries, government departments/instrumentalities for official use, and other persons or bodies in exceptional circumstances (r 34(1)(a)-(c)). No book may be removed without the librarian’s authority and the librarian may decline authority or impose conditions (r 34(2)). Photocopy/reproduction control is structured so that photographic copies made by the librarian for personal use may not be further reproduced without written permission of both the copyright owner and the Board; the Board can impose conditions and those must be complied with (r 11).

Sanctions and remedies: A breach attracts a penalty not exceeding $100 and also requires payment of any expense incurred as a consequence of the breach (r 36). Any sum or penalty payable can be recovered in court by the Board as a debt (r 35).

Inter-regulatory referencing: Loans are to be governed, so far as applicable, by the Library Board (Registered Public Libraries) Regulations 1985, treating the State Library as a registered public library for that purpose (r 34(3)). The Compilation notes and reprint notes also indicate amendments and deletions that have slimmed the original instrument (Compilation table; notes accompanying r 1).

Primary decision-makers:

• The librarian (the State Librarian or person in charge of a section) is the principal decision-maker for on-site control, custody of materials, authority to allow removal of books, imposition of conditions on loans and reproduction, and the power to exclude persons (rr 2, 4, 11, 32, 34).

Secondary decision-maker:

• The Board (The Library Board of Western Australia) has supervisory and review authority, including the capacity to impose conditions on reproduction (r 11), determine lending policy (r 34(1)), and to review, confirm, revoke or substitute an exclusion imposed by the librarian (r 32(5)).

Affectees , individuals and organisations subject to the Regulations:

• Library patrons and visitors must follow directions issued by the librarian, avoid obstructing staff and not disturb other users (r 14). They are also subject to exclusion (r 32) and monetary penalties and expense recovery for breaches (rr 36, 35).
• Persons who request or receive photographic copies: where copies are made for personal use, further reproduction requires written permission from the copyright owner and the Board; such persons must obey any conditions imposed by the Board (r 11).
• Borrowers of library stock: only approved libraries, Government departments/instrumentalities for official use, or other persons in exceptional circumstances may receive loans, and any loan is subject to librarian authority and conditions (r 34(1)-(2)).
• Officers or servants of the Board: they are protected by a prohibition on wilful obstruction of their duties (r 14), and they are the persons the librarian directs to enforce the Regulations (r 4).
• The Board as institution: the Regulations constrain the Board to operate the State Library “primarily as a reference library” (r 34(1)), but also confer discretion to lend under stated categories.

Who pays:

• A person who breaches the Regulations must pay a penalty (not exceeding $100) and any expense incurred as a consequence of the breach (r 36). The Board may recover sums as a debt in court (r 35).

Who decides:

• The librarian decides on exclusion, on whether a book may be removed and on conditions for loans and use (rr 4, 32, 34).
• The Board has final internal review for exclusions and controls policy on lending and reproduction permissions (rr 11, 34(1), 32(5)).

Practical groups affected:

• Researchers and members of the public who rely on access to reference collections, including access to electronic devices in public areas (r 34(1); r 32(1)(c)).
• Other libraries and government departments that may be authorised to borrow stock under Board discretion (r 34(1)(a)-(b)).
• Users seeking reproductions of copyrighted material who must secure permissions from copyright owners and the Board before further reproduction beyond personal copies (r 11).

Duties conferred by the Regulations:

• Duty to obey reasonable directions of the librarian: Every person must comply with any reasonable direction of the librarian (r 14). This duty is framed in general terms and attaches to all users while on library premises as defined (r 2).

• Duty not to obstruct or disturb: Persons must not wilfully obstruct an officer or servant of the Board in the execution of duty, nor wilfully disturb, interrupt or annoy any other person in the proper use of the library (r 14).

• Duty to obtain authority before removing books: No book may be removed from the library without authority of the librarian; the librarian may refuse or impose conditions (r 34(2)). Accepting a loan is treated as assent to imposed conditions and compliance is required (r 34(2)).

• Duty regarding photographic copies: Photographic copies made by the librarian for personal use are subject to a prohibition on further reproduction without written permission of the copyright owner and the Board, and the person must comply with any conditions the Board imposes (r 11).

• Duty to comply with exclusion terms: If excluded under r 32(1), the excluded person must leave immediately if applicable and must not enter during the exclusion period (r 32(4)(a)-(b)). Payment obligations follow from breaches (r 36).

Rights established by the Regulations:

• Right to a written exclusion notice: Where the librarian excludes a person, that person must be given a written notice stating that they are excluded, the period of exclusion, the reason for exclusion, and notification of the right to apply to the Board for review (r 32(2)).

• Right to apply for review by the Board: Excluded persons may apply in writing to the Board for review; on review the Board may confirm, revoke or vary the exclusion period (r 32(4)(c); r 32(5)).

• Conditional borrowing and reproduction: Borrowers and persons supplied with photographic copies have the right to borrow or receive material where the librarian or Board authorises it, subject to conditions; the right is therefore conditional and discretionary (r 11; r 34(1)-(2)).

Enforcement and remedial duties:

• Duty to pay penalties and expenses: Persons committing breaches are liable for a penalty not exceeding $100 and must pay any expense incurred due to the breach; the Board may recover such sums as a debt in court (rr 36, 35).

Operational duties of officials:

• Librarian’s duty of custody: The librarian is responsible to the Board for the safe custody of books and other property in the library (r 4). That duty supports the librarian’s authority to regulate access, lending, reproduction and to exclude persons.

Scope limits on rights and duties:

• The State Library is to be conducted “primarily as a reference library” (r 34(1)) which shapes the Board’s and librarian’s discretionary approach to lending and removal of materials. The definitions in r 2 extend duties and rights to a wide array of material formats and to areas “adjacent” to the library building.

Procedural formality:

• Exclusions require a written notice that specifies period and reasons and informs of review rights (r 32(2)), establishing a minimal procedural framework for deprivation of access.

Monetary penalties and expense recovery:

• The Regulations set a maximum monetary penalty for breaches of the Regulations at $100 (r 36). In addition to any penalty, the person must pay the amount of any expense incurred as a consequence of the breach (r 36). The Board may recover any sum or penalty payable under the Regulations in any court of competent jurisdiction as a debt due to the Board (r 35). The combined mechanism therefore produces two distinct financial consequences: a capped fine and an uncapped recovery of expenses caused by the breach.

Enforcement methods available to the librarian and Board:

• Exclusion: The librarian may exclude a person from the library for specified conduct (r 32(1)). Exclusion is an immediate operational enforcement tool and comes with a statutory process for written notice and Board review rights (r 32(2)-(5)). The librarian can require immediate departure “if applicable”, bar re-entry during the exclusion period (r 32(4)(a)-(b)), and set the exclusion period up to two years (r 32(3)).

• Conditions on use and loans: The librarian may decline to authorise removal of a book or may impose conditions as to manner of use, loan period, or other matters; borrowing a book equates to acceptance of those conditions and triggers compliance obligations, with breach potential leading to penalties (r 34(2)).

• Control of reproductions: The Board must approve further reproduction of photographic copies made by the librarian for personal use; it may impose conditions and require compliance (r 11). Non-compliance could constitute a breach subject to penalty.

Procedural safeguards and internal review:

• Written notice for exclusion: The librarian’s exclusion must be communicated by written notice specifying the exclusion, period, reasons and right to seek review (r 32(2)). This creates a record and triggers the person’s right to a Board review.

• Board review powers: An excluded person may apply in writing for a review. The Board may confirm, revoke or substitute a different exclusion period (r 32(4)-(5)). The Regulations provide for internal adjudication by the Board but do not specify external appeal rights or judicial review procedures; the source text confines the remedy to Board action.

Practical enforcement dynamics:

• Operational reliance on librarian discretion: The Regulations vest significant enforcement discretion in the librarian for day-to-day matters (rr 4, 14, 32, 34). The librarian’s determinations (e.g., what is a “reasonable direction” or “disorderly manner”) will be the primary trigger for enforcement action. The Board acts as an internal appellate body for exclusion decisions (r 32(5)).

• Recovery of fines as a debt: By making penalties recoverable as a debt (r 35), the Regulations empower the Board to use civil courts for monetary recovery rather than criminal prosecution. The text does not specify criminal proceedings or imprisonment as remedies.

Limits on penalties and scope:

• The maximum penalty figure ($100) is stated in r 36. The Regulations also require that expenses incurred “in consequence of the breach” be paid by the person, which can exceed the monetary penalty. The source does not define the process for quantifying or disputing such expenses.

• The Regulations do not list enforcement procedures for other breaches beyond exclusion and monetary remedies. They provide no express provisions for interim relief, injunctions, or other sanctions.

References to the Act and other Regulations:

• The Regulations operate under the Library Board of Western Australia Act 1951, referred to in the defined term “Act” (r 2). That Act is the primary enabling statute; these Regulations provide operational detail subordinate to the Act.

• The Regulations incorporate and invoke the Library Board (Registered Public Libraries) Regulations 1985 in relation to loans from the State Library’s stock. Regulation 34(3) provides that, for loans, the Library Board (Registered Public Libraries) Regulations 1985 shall apply “in so far as they are applicable, as if the State Library were a registered public library” and that any person borrowing a book shall comply with those regulations. The Compilation notes also explain that references have been updated under the Interpretation Act 1984 s. 16(1) and reprints (Compilation table, note 2).

Compilation and reprint and interpretive notes:

• The Compilation table and accompanying notes identify later amendment regulations (2013 and 2017) and indicate that numerous original regulations were deleted in those amendments (see list of deleted provisions under r 2 and at other points). The Compilation notes also reflect the application of the Interpretation Act and the Reprints Act to adjust cross-references. These technical interactions affect how the Regulations are read alongside reprints and other subordinate instruments.

Copyright and reproduction law:

• Regulation 11 conditions further reproduction of photographic copies on written permission from the copyright owner and the Board. This ties library operational practice to copyright ownership rights. The Regulations do not attempt to displace copyright law; rather they make the Board’s written permission and compliance with conditions a prerequisite for further reproduction beyond a personal-use copy made by the librarian (r 11).

Court processes for debt recovery:

• By providing that sums or penalties may be recovered “in any court of competent jurisdiction” by the Board as a debt (r 35), the Regulations interact with civil procedure and court jurisdiction rules. The instrument leaves the procedural mechanics of debt recovery to the courts and general law.

Statutory limits and other legal frameworks:

• The Regulations set an exclusion process and internal Board review but do not specify external appeal routes or judicial review, so interactions with administrative law (e.g., judicial review on grounds of jurisdictional error, procedural fairness) would depend on general administrative law principles rather than explicit provision in these Regulations. The source text itself does not recite such interactions.

Amendment history and continuity:

• The Compilation table documents the Regulations’ amendments and reprints (Compilation table). For readers applying the Regulations alongside other statutory instruments, the compilation notes indicate that several provisions have been deleted over time and cross-references may have been modernised by reprint provisions. Practitioners must therefore consult the current reprint and the enabling Act to understand the full interactional picture.

No express conflict-resolution clause:

• The Regulations do not include an express clause about inconsistent laws or conflict resolution; standard statutory interpretation presumptions and the hierarchy of statutes and regulations will govern interactions with other written laws.

The source compilation records the instrument’s gazettal, reprints and later amendments. The historical markers in the Compilation table and marginal notes in the body of the Regulations are the only amendment data provided in the source.

Key entries from the Compilation table:

• Original gazettal: Regulations for the Conduct of the State Library, 3 August 1956, pages 1913-16; commenced 3 August 1956 (Compilation table).
• Decimal Currency Act 1965: noted in the table under “Decimal Currency Act 1965” with commencement dates for certain provisions; the table indicates changes relating to currency references (Compilation table).
• Reprint: Reprint of the Regulations as at 6 December 2002 is recorded (Compilation table).
• Library Board (State Library) Amendment Regulations 2013: Gazetted 6 December 2013; r 1 and r 2 commenced 6 December 2013; other regulations commenced 7 December 2013 (Compilation table). The marginal notes indicate several deletions occurred on that Gazette date (see notes after r 1 and r 2).
• Reprint 2: Reprint as at 7 February 2014 that includes the 2013 amendments (Compilation table).
• Library Board (State Library) Amendment Regulations 2017: Gazetted 23 June 2017; r 1 and r 2 commenced 23 June 2017; other regulations commenced 24 June 2017. Regulation 32 was inserted by the 2017 amendment (marginal note to r 32 states “inserted: Gazette 23 Jun 2017 p. 3178‑9”).

Documented deletions:

• Several regulations from the original instrument have been deleted in later amendments. The text shows explicit deletions of r 3, rr 5-10, rr 12-13, rr 15-31, and r 33, with marginal notes indicating deletion dates (Gazette 6 Dec 2013 p. 5737‑8 for many deletions; r 33 deleted 23 Jun 2017 p. 3178). The deletion markers indicate the current instrument is leaner than the original 1956 draft and that many operational provisions were removed or relocated by amendment.

Marginal annotation of specific provisions:

• Citation (r 1) was amended at Gazette 6 Dec 2013 p. 5737 (marginal note).
• The Definitions (r 2) were amended at Gazette 6 Dec 2013 p. 5737 (marginal note).
• Regulation 14 was amended at Gazette 6 Dec 2013 p. 5738 (marginal note).
• Regulation 36’s monetary penalty was amended by Act No. 113 of 1965 s. 8(1) (marginal note).

Interpretive and cross-reference changes:

• Compilation notes indicate that references to earlier instruments have been updated under the Interpretation Act 1984 and the Reprints Act 1984, including a change in the instrument’s citation (note under r 1 and Compilation table notes). The Compilation notes also identify the repeal of the earlier Regulations for the Conduct of Public Libraries and their replacement by the Library Board (Registered Public Libraries) Regulations 1985 (Compilation table note 2).

What the source does not provide:

• The source compilation does not list debates, ministerial explanatory memoranda, or detailed amendment explanatory material; it records only the Gazette entries and dates of commencement. It does not provide the policy reasoning behind particular deletions or the content of repealed provisions.

Practical implication:

• Users relying on the Regulations should consult the reprint dates and Gazette references in the Compilation table to ensure they are looking at the current operative text and to trace the provenance of deleted or amended provisions.

The provided text contains no references to judicial decisions, reported cases, or litigation arising under these Regulations. There are no case names, citations, or summaries in the source material. The Compilation table and marginal notes record statutory amendments and reprints only; they do not record any litigation history.

Consequences for practitioners:

• Because the source does not include judicial interpretation or precedent, the text of the Regulations themselves is the primary authority for interpreting obligations, discretions and procedures set out herein. Any interpretive or contested issues will therefore depend on general statutory construction principles, administrative law, and other applicable common law and statutory doctrines, but those materials and any relevant cases are not contained in the provided source.

• The absence of litigation history in the source means the instrument supplies no reported judicial guidance on:

  • The scope of the librarian’s “general control” (r 4);
  • The boundary of what constitutes a “reasonable direction” (r 14);
  • The standard for determining behaviour that is “disorderly” or “likely” to lead to further breaches (r 32(1)(a), (e));
  • The evidentiary requirements or limits on exclusion periods and Board review powers (r 32(2)-(5));
  • The interpretation of “expense incurred in consequence of the breach” for recovery purposes (r 36).

Practical steps in absence of case law:

• Practitioners requiring authoritative interpretive guidance must look beyond this source to case law, administrative law corpus, and possibly to Board practices and internal policies. The Regulations themselves supply the statutory language that those other materials would apply to, but the present text gives no litigated precedents.

Several features of the Regulations can produce unexpected compliance traps or operational frictions. The following points are grounded in the text and identify circumstances where practitioners and users should take care.

1. Broad definition of “book” extends to many formats and may not be Board property (r 2)

• “Book” explicitly includes periodicals, newspapers, pamphlets, music scores, pictures, prints, photographs, maps, charts, plans, manuscripts, film, slides, gramophone records, and “any other article of a like nature” forming part of the library, “whether or not the property of the Board” (r 2). This means materials of diverse formats and varying ownership are caught by rules on custody, lending authority, and reproduction. Users may assume that non-Board-owned items are outside librarian control; they are not.

2. Librarian’s discretion is wide but unqualified: “general control” and discretionary lending (rr 4, 34)

• The librarian has “general control and charge” and may decline to authorise removal of books or impose conditions (r 4; r 34(2)). The Board decides lending discretion (r 34(1)). The Regulations do not list detailed criteria for decisions, so operational practice will depend heavily on internal policy and the librarian’s exercise of discretion. This creates legal uncertainty for would-be borrowers or reproducers who may rely on non-statutory guidelines instead.

3. Exclusion can be lengthy yet is internal: maximum two-year exclusion (r 32(3))

• The librarian may exclude a person for up to two years (r 32(3)). The excluded person’s statutory remedy in the Regulations is an application to the Board for review (r 32(4)(c); r 32(5)). The Regulations do not provide for external appeal or judicial-review steps, although those may exist under general law; the text itself confines the process to Board review.

4. Accessing indecent or offensive content in a public area is a ground for exclusion only after direction to stop (r 32(1)(c))

• The ground for exclusion for accessing indecent/offensive content on a computer or electronic device in a public area requires that the person “continues to do so after being directed to stop by the librarian” (r 32(1)(c)). The librarian must therefore direct the person to stop before exclusion on that specific ground is available.

5. Photographic copy reproduction requires dual written permission (r 11)

• Further reproduction of photographic copies made by the librarian for personal use requires written permission from both the copyright owner and the Board (r 11). Users who rely on a library-supplied copy for secondary reproduction must secure two permissions; omission of either exposes them to breach liability.

6. Penalty figure may appear low but expenses are additional and recoverable as a debt (rr 36, 35)

• The monetary penalty is capped at $100 (r 36), which may seem modest. However, the person must also pay any expense incurred in consequence of the breach, and the Board may recover penalties and sums as a debt (r 35). Expenses are not capped and the process for quantifying them is not set out in the Regulations.

7. Deleted provisions create a slimmer current instrument; consult reprints and Compilation table

• Many original regulations were deleted by later amendments (r 3; rr 5-10; rr 12-13; rr 15-31; r 33). Those deletions may remove previously-existing operational rules or procedures. Practitioners should refer to the Compilation table and the reprint dates (2014 reprint) to ensure they are relying on current text (Compilation table).

8. Loans are governed by another set of Regulations where applicable (r 34(3))

• Loans from the State Library are subject to the Library Board (Registered Public Libraries) Regulations 1985 “in so far as they are applicable” and treating the State Library as a registered public library (r 34(3)). Borrowers should check those Regulations for additional obligations or conditions.

9. “Reasonable direction” and “disorderly manner” are unspecified standards (r 14; r 32(1)(a))

• The Regulations use qualitative standards without detailed definitions. This legal indeterminacy elevates the importance of documented Board or librarian policy and consistent enforcement to avoid disputes.

10. Exclusion process is paper-based (written notice) but immediate exclusions are permitted (r 32(2), (4)(a))

• The Regulations require a written notice to be given but also allow the librarian to require a person to leave immediately “if applicable” (r 32(4)(a)). Practically, immediate operational exclusions need follow-up written documentation to meet the statutory notice requirement.

This section translates the Regulations into concrete, practicable steps for individuals, institutions, and officials. Each step is tied to the relevant regulation.

For patrons and visitors:

• Follow reasonable directions from the librarian while on library premises (r 14). “Reasonable” is not defined; when in doubt, comply and seek clarification to avoid being found to obstruct staff or annoy other users.
• Avoid wilful obstruction of Board officers and avoid conduct likely to disturb others (r 14). If asked to stop a behaviour, comply promptly.
• Do not access indecent, obscene or offensive content on public computers or devices in public areas. If directed to stop by the librarian, cease immediately; continuing after direction is a statutory ground for exclusion (r 32(1)(c)).
• If you are excluded, leave immediately when applicable and do not re-enter during the exclusion period (r 32(4)(a)-(b)). Keep the written exclusion notice and, if you consider the exclusion unjustified, apply in writing to the Board for review (r 32(4)(c)). The Board can confirm, revoke or change the exclusion period (r 32(5)).

For researchers and persons requesting copies:

• If the librarian provides a photographic copy for personal use, do not reproduce it further without written permission from both the copyright owner and the Board (r 11). Seek both permissions in writing and obtain any conditions the Board imposes; comply with those conditions.
• If relying on a copy for publication or wider distribution, secure the copyright owner’s permission and the Board’s written authorisation before reproducing.

For organisations and other libraries seeking loans:

• Be aware that the State Library is primarily a reference library and lending is discretionary (r 34(1)). The Board will lend only to approved libraries, government departments/instrumentalities for official use, or other persons/bodies in exceptional circumstances (r 34(1)(a)-(c)). Make formal applications to the Board or librarian and be prepared to justify the exceptional circumstance or official need.
• Obtain explicit librarian authority before removing any book from the premises (r 34(2)). If lending is authorised, expect conditions as to manner of use, loan period and other matters; acceptance of a book on loan is taken as assent to those conditions (r 34(2)). Ensure any institutional borrowers document and comply with those conditions.

For library staff and the librarian:

• Exercise “general control and charge” (r 4) with documentation. Given the wide discretion the Regulations confer, retain written records of authorisations, directions, imposed conditions, and reasons, especially for exclusions and lending decisions.
• When excluding a person, issue the written notice required by r 32(2). The notice must state the exclusion, specify the period (not exceeding two years), explain the reason for exclusion, and inform the person of the right to apply to the Board for review (r 32(2)). Record the facts and, where possible, contemporaneous witness statements to support the notice.
• For exclusion on the specific ground of accessing indecent/offensive content on public devices, ensure a clear prior direction to stop has been given and documented before relying on r 32(1)(c).
• Where reproductions are provided, obtain and record written agreements from copyright owners and Board authorisations for any further reproduction, and communicate and record any conditions imposed (r 11).

For the Board:

• Maintain clear internal policies to guide the librarian’s discretionary decisions on lending, conditions and exclusions. Because the Regulations leave much to discretion (rr 4, 11, 32, 34), documented policy will reduce inconsistent application and facilitate transparent Board review (r 32(5)).
• Ensure processes for Board review of exclusions are timely and document decisions to confirm, revoke or vary exclusion periods (r 32(5)).
• When seeking to recover penalties or expenses in court, document the penalty assessment, the basis for expenses incurred as a consequence of a breach, and statutory compliance with debt-recovery procedures (rr 35, 36).

General compliance tips:

• Consult the Library Board (Registered Public Libraries) Regulations 1985 for loan-related procedures that apply under r 34(3).
• Be attentive to the definitions in r 2: the material types listed as “book” extend obligations to multiple formats and to items that may not be Board property.
• Keep records of notices, permissions, conditions and reviews, because the Regulations require written notices and permissions in several places (rr 11, 32(2), 34(2)).

By following these steps, individuals and institutions can align operational conduct with the express requirements and procedural frameworks set out in the Regulations (rr 2, 4, 11, 14, 32, 34, 35, 36).