• Section 1 - Preamble
• Section 2 - Purpose
• Section 3 - Scope
• Section 4 - Policy
• Section 5 - Procedure
• Property access
• Compliance
• Section 6 - Definitions

Section 1 - Preamble

(1) This Procedure is effective from 12 June 2024.

Section 2 - Purpose

(2) This Procedure sets out the University’s commitment to providing appropriate premises and facilities and sufficient access to those premises and facilities to support members of the University and the University community to fulfil their needs and obligations.

Section 3 - Scope

(3) This Procedure applies to all University entrants and users of University Property.

Section 4 - Policy

(4) This Procedure is made pursuant to the Vice-Chancellor Regulations, with particular reference to regulation 5 (Responsibilities of the Vice-Chancellor) and regulation 12 (University Facilities and Premises); and the Property Management Policy.

Section 5 - Procedure

Property access

(5) All entrants onto University Property are University Users and must comply with all relevant legislation, the University Statute and Regulations, policies and procedures and any University direction, sign or notice.  The University may take action against any University User who does not so comply.

(6) The Deputy Vice-Chancellor, University Services:

1. shall be responsible for the planning, use, maintenance, control and regulation of all University Property;
2. may exercise any power, function or duty vested in them, in order to protect the health and safety of any person, protect University property, abate any nuisance, prevent misconduct or criminal conduct and ensure the efficient use of resources and good government of the University;  and
3. may delegate authority to such person or persons as they deem fit to administer the policies and procedures governing the use, care, control and regulation of University Property.

(7) To support the University to fulfil its commitment to providing a safe, secure and optimal environment and amenities for teaching, learning, research and working, University Users must not, without the prior written consent of the Deputy Vice-Chancellor, University Services or nominee:

1. erect, construct, establish, set up, maintain or use a structure;
2. light or maintain a fire or naked flame, burn any materials or create any fire hazard (use of barbeques provided by the University for use is excepted);
3. bring or use any illegal, dangerous or flammable substance or article, including but not limited to weapons, drugs, flares, fireworks, accelerants, gases;
4. camp, dwell, reside or sleep rough; or
5. establish or conduct any business, or engage in trade or commerce

(8) The Deputy Vice-Chancellor, University Services or nominee may:

1. direct one or more authorised officers to dismantle, remove, store or discard a structure erected, constructed or set up in contravention of clause 7;
2. put into place reasonable processes for the handling, storage, collection, return and disposal of lost property, abandoned goods or structures dismantled and removed under clause 7.

(9) Authorised Officers are responsible for ensuring that appropriate restrictions and/or conditions are applied to access to areas within their control and responsibility including any Restricted Areas as set out in clause 25.   Restricted Areas are designated by signage displayed at the entrance to the area indicating that access is restricted and security controlled.

(10) University users must not access restricted areas unless they are specifically permitted to do so under the access provisions set by the Authorised Officer and they are required to do so in the pursuit of their study or duties.

(11) When accessing and using restricted areas University users must:

1. conduct themselves in an orderly manner;
2. not use or remove items from the area without the permission of the Authorised Officer for the area;
3. observe any relevant additional policies, procedures or local conditions that apply to the access and use of the area, including but not limited to those relating to safety, access times, and supervision.

(12) An Authorised Officer listed in clause 25 (including their delegate) has the power to withdraw the University’s permission allowing a person to be present on University Property by:

1. directing any person to leave part or all of the University’s Property (as defined in clause 25) verbally or in writing;  or
2. directing any person not to enter part or all of the University’s Property (as defined in clause 25) verbally or in writing;
3. and where a direction in (a) or (b) has been given, requesting that a police officer remove any person from the University Property.

(13) An Authorised Officer may give a direction under clause 12 in circumstances where they are reasonably satisfied that such person is:

1. endangering the safety, health or well-being of others or themselves;
2. in breach of any relevant legislation, the Deakin University Statute, Regulations, policy, procedure or any University direction, sign or notice;
3. causing a nuisance or conducting themselves in a manner that disturbs or is likely to disrupt the peace, good order or management of the University; or
4. causing or threatening to cause damage or destruction to University Property.

(14) An Authorised Officer must report any exercise of power made pursuant to clause 12 to the Deputy Vice-Chancellor, University Services as soon as possible.

(15) Any person who considers that they have been unfairly, incorrectly or improperly directed by an Authorised Officer may, within seven days of the direction being made, seek reconsideration of the direction by written request to the Vice-Chancellor.

(16) The Vice-Chancellor (or delegate) upon receiving a request for review of a direction made by an Authorised Officer may take any action that they determine appropriate in the circumstances.

(17) Nothing in this Procedure affects:

1. any obligation to which a person entering premises of another is subject by law;
2. any right or power which the University may otherwise have at law against persons entering or attempting to enter University Property.

(18) Each Authorised Officer designated in clause 25 may delegate any or all of their powers under this Procedure to:

1. an employee or employees of the University; and/or
2. an employee or employees of a contractor engaged by the University for the provision of security services.

(19) A written delegation signed by a person empowered to make the delegation pursuant to this Procedure shall be sufficient authority for the person or persons however named or described in that delegation to exercise the powers so delegated to them.

(20) A written statement issued by the Vice-Chancellor or a member of the University’s Executive, or their delegate, naming a person as the person for the time being occupying a position designated in clause 25, and therefore authorised to exercise powers under this Procedure, shall be sufficient evidence of that occupation.

(21) An Authorised Officer may by notice or sign designate areas of University Property as being:

1. areas to which entry is restricted to designated persons; and/or
2. areas to which entry is subject to designated conditions.

(22) A notice or sign caused to be made by an Authorised Officer in accordance with this paragraph shall:

1. if a notice, be displayed on the University website or advertised in a University publication as may reasonably be required to inform persons of restricted or conditional entry; or
2. if a sign, be of sufficient size and placed in a position of such prominence on or near the relevant premises as to give persons reasonable notice of any restriction or conditions as to entry; and
3. clearly designate persons or class of persons who may enter designated areas and clearly state conditions which apply upon entry.

(23) Any question or dispute concerning the administration or enforcement of this Procedure shall be referred to the Vice-Chancellor, whose decision shall be final.

(24) University users are bound by any terms of use or access of the University’s facilities and premises, whether or not they have been notified about them.  The University will make reasonable endeavours to ensure that University users are given adequate notice of any relevant terms of access or use of the University’s facilities and premises.

(25) Authorised Officers are:

Compliance

(26) Allegations of non-compliance with the Property Management Policy or this Procedure may be managed:

1. in accordance with the Staff Discipline procedure
2. in accordance with the Student Misconduct procedure
3. for any other University user, by revoking their license/permission to be on University premises or to use University facilities in accordance with clause 12.

Section 6 - Definitions

(27) For the purpose of this Procedure:

1. Authorised person or Authorised officer: has the meaning set out in the Property Management Policy.
2. Restricted Areas: has the meaning set out in the Property Management Policy.
3. Security officer: has the meaning set out in the Property Management Policy.
4. University Property: has the meaning set out in the Property Management Policy.
5. University user: has the meaning set out in the Property Management Policy.