Item 7.2 - Attachment 2 |
Parking Policy |
Parking Enforcement Policy
Contents
· Purpose
· Definitions
· Introduction
· Policy
statement
· Aim
· Parking
Enforcement Practices
· Parking
Programs
· Process of
Appeal
· Legislation/Regulations
· Attachments
Purpose
This policy sets out Parramatta City
Council’s approach to the enforcement of parking regulations so as to achieve a
balance between public safety, traffic flow and equitable access to available
parking spaces and sets out enforcement practices undertaken by Council
Officers to detect illegal parking offences and the process that applies to
request a review of a penalty notice that has been issued by Parramatta City
Council officers.
Definitions
CEO means chief
executive officer
Councillor means an
elected member of council
Probity means uprightness
and honesty
LGA means
Local Government Area
Appeal means make
an earnest or formal request
Illegal means not
legal, contrary to law.
Enforcement means the
act or an instance of enforcing.
Current Legislation means The Road Rules 2008 and section 650 of The Local Government Act 1993 (Free parking)
Authorised Officer means a) a police officer, or
b) a person who is appointed by the Authority as an authorised
officer for the purposes of the provision in which the expression is used
Parking area means a length of road or area designed for parking vehicles.
Parking control sign means
any sign described in the Road Rules 2008 for the purpose of controlling
parking conditions
Parking meter has the same meaning as in the Road Transport (Safety
and Traffic Management) Regulation
1999.
Pay parking area means:
(a) a
coupon parking area, or
(b) a
metered parking area, or
(c) a
ticket parking area.
Parking permit for people with disabilities means:
(a) a mobility parking
scheme authority, or
(b) any other permit issued under the law of
another jurisdiction that includes a people with disabilities symbol. (
Red zone means: Parking
signs that are red with white writing or white signs with Symbols, these signs
are used in high risk areas and include; No Stopping No Parking and bus zones
. Details of these signs can be found
under the road rules 2008.
School zone means:
a) if there is a school zone sign and an end
school zone sign, or a speed
limit sign with a different number on the sign, on a road and there is
no intersection on the length of road between the signs—that length of road; or
b) if there is a school zone sign on a road that ends in a dead end and there is
no intersection, nor a sign mentioned in paragraph (a), on the length of road
beginning at the sign and ending at the dead end—that length of road.
___________________________________________________________________________
Introduction
As the City of
Parramatta City Council is dedicated to working with our stakeholders to
ensure the long term strategic management of the current and future traffic
flow within of our city. One example of this commitment is the free Loop
Shuttle Service to convey people around the Parramatta Central Business
District and thus alleviate the need for users to drive and find parking.
Policy
Statement
This policy seeks to achieve and maintain a minimum standard for the
operational, duties, functions and responsibilities of each individual officer
of Ranger Services. The overall aim is
for each officer to achieve the highest possible standard of operation and
presentation reflecting Council Code of Conduct, expectations for excellent
customer service with a consistent and professional approach.
This document is a tool which will be used to assist Council officers in
their daily duties and it is expected that all officers will act professionally,
with courtesy and honestly and within their powers of delegation at all times
to uphold Councils Guiding Principles.
Council has a regulatory obligation to enforce parking related
legislation and to manage public safety and traffic flow in accordance with the
relevant legislation;
1. The Road Rules 2008
2. The Road Transport (General) Act 2005
3. Road Transport (General) Regulations 2005
4. Local Government Act 1993 (Section 650
Council free parking)
The actions set out in this policy to enforce parking and vehicle
turnover include a variety of methods such as, educational, written warnings
and the issuing of infringement notices, reporting of misuse of mobility
parking permits. All council staff must
comply with the relevant parking restrictions whilst performing their duties
and Council does not use covert measures to detect parking infringements.
Aim
The aim of this policy is to establish clear and lawful guidelines:
v in the
enforcement of parking restriction to ensure consistent application of the law,
v in the
process in which representations for penalty notices issued for parking
offences are to be reviewed,
v to document
enforcement practices utilised by Parking Patrol Officers/Rangers to detect
illegal parking offences,
v to set
general standards of behaviour of staff involved in parking enforcement
v to provide
an overview of parking enforcement/current legislation and why it is important
that all road users obey the road rules.
Parking
Enforcement Practices
Efficient and effective parking regulation relies heavily on systematic
presence by officers. Consistency in enforcement application is the key
component in an effective service.
Council officers are required to use a number of methods to manage
parking and the related legislation, they include; education, warnings,
cautions, confiscation of permits, issuing of PIN’s and submission of reports
to the RTA.
Where an officer observes a vehicle parked in an illegal and or
dangerous position, the officer is to issue a penalty notice and if possible
locate the driver and instruct them to move the vehicle immediately. Vehicles parked illegally in a red zone or
school zone will not be afforded any discretion when a clear offence has been
committed, as illegal parking in these high risk areas may place a member of
the public in danger or adversely affect the flow of traffic.
The issuing officer may not cancel a lawfully issued penalty notice once
the officer has commenced recording details on the notice.
The onus to comply with current parking rules and regulations lies
solely with each driver of a motor vehicle in NSW.
Parking Patrol officers undertake high visibility and low visibility
surveillance to ensure compliance with the relevant legislation. Covert operations will only be conducted when
a report has been submitted to the Council and approval has been given by the
Council.
Covert
operations – Covert operations will only be conducted with the
approval of the Council.
High
visibility – Officers are clearly visible in full uniform on the
street to all motorists.
Low
visibility – Officers may use a marked identified Council
vehicle and all staff must be in full uniform observing and recording illegal
parking offences. This includes programmed patrols and mobile patrols. All officers observing and recording illegal
parking offences must be in full uniform and comply with the relevant road
rules at all times.
Note: mobile vehicle patrols require
two officers, one to record all relevant information and one to concentrate
solely on driving safely.
The procedures and work practices utilised by Parking Patrol officers
are set out in the Ranger Services Standard Operating Procedures 2008 (appendix
E). In relation to this policy the following form part of Policy and Procedures
a) Officers to be appropriately attired in full
uniform when conducting parking patrols.
b) Infringement notifications issued and placed
on offending vehicles (if external to a cover) during wet weather shall be
encased inside waterproof jackets to avoid deterioration and sufficient
motorist notification.
c) No officer shall chalk the outside wall of a
tyre to determine breaches of the time restriction. All chalking shall occur on the tread of the
tyre.
d) Infringements are not to be issued
unless all signs are clear and visible
e) All tyres are inflated.
f) A 10 minute courtesy to time is given to
restrictions exceeding 15 minutes. In the case of 5 minute parking areas a
courtesy of 5 minutes applies.
g) In parking meter areas, officers must ensure
that the meter is functional and a 10 minute courtesy period is applied for
expired tickets
Taking
of Photographs
To ensure that appropriate evidence
is collected officers are permitted to take photographs of vehicles where they
intend to issue a Penalty infringement.
Photos should be taken first and then the details of the offence and
vehicle recorded to issue the Penalty notice.
Copies of photographs may be
obtained by the person to whom the infringement is issued, subject to payment
of the relevant fee.
Where possible the officer should
attempt to issue the fine on the vehicle or relevant person. The Penalty Notice may be sent via the post
to the vehicle owner under the following circumstances;
1. The officer observes a vehicle
stop and illegally park in a red zone and then drives away.
2. The officer can not find a legal
parking space to stop and issue the penalty notice.
3. For reasons of officer safety.
4. Weather conditions.
Behaviour
Standards
Upon their appointment each officer
is required to read, understand and comply with Parramatta City Councils Code
of Conduct and the Ranger Services, Standard Operating Procedures.
Ranger services staff are to be
courteous, polite, fair and equitable, diligent and above reproach at all
times.
Ranger Services staff are to
remember that if there is any doubt as to wether an offence has been committed
or not, a penalty notice is not to
be issued.
Ranger services staff are to at all
times observe and obey the relevant road rules except in cases where the
officer can clearly demonstrate they stopped for a lawful reason of emergency
or it was necessary in the interest of public safety.
Whilst it is accepted that people do
at times become upset with receiving a penalty notice for an illegal parking
offence, at no time is it acceptable for vehicle drivers to verbally abuse,
threaten or assault council officers. Any type of this anti social behaviour
will be reported immediately to Parramatta Police.
All Ranger
Services staff are continuously reminded that they are to at all time to act as
ambassadors for our organisation and the community we serve.
Parking
Programs
In addition to patrolling on street and off street parking areas, Council
officers also run several programs to target specific illegal parking behaviour,
the methods of monitoring parking breaches include;
Mobility
Parking Scheme Program – To manage mobility parking and to stop the
miss use of MP permits by other people.
School
Safety Program – To ensure people do not park illegally in school
zones to ensure the safety of children.
Complaint
based Program - To investigate all parking related complaints
See Appendix “parking enforcement
guidelines for programs”
Review Process
There are 2 methods to seek a review to the penalty infringement
notices:
Method 1
Representations in regards to penalty notices issued by council officers
may be directed to the State Debt Recovery Office, which is an independent
body. The postal address for the SDRO is as follows,
The Director
State Debt Recovery Office
Using their guidelines the SDRO will adjudicate on the issues raised and
if additional information is required they will contact the issuing authority
to ensure clarity. Once the review is complete the SDRO will advise the client
of the outcome of their findings in writing. If it is found that the penalty
notice was lawfully issued the client is advised that the penalty is to stand
and that the following options apply,
1. Pay the penalty notice
2. Elect to have the matter heard in court
before an impartial magistrate
The SDRO guidelines can be viewed on line at www.sdro.nsw.gov.au
Method 2
Representations may be made directly to the Council accompanied with an administration
fee, where they will be reviewed by the Adjudication Panel.
The Adjudication Panel is to consist of a minimum of three persons that
have been selected by the
· One specialist
· One independent
· One senior manager
Factors to be considered in the review by the Adjudication Panel:
· Was the
infringement issued lawfully
· Was the
infringement issued consistent with this Policy
· Are there
any extenuating personal circumstances, such as ill health
Each member of the review committee is to remain impartial at all times
and in compliance with relevant legislation/ council policies.’
Legislation/Regulation
As of September 2008 the current legislation/regulations that govern
vehicle parking are as follows,
The Road Rules 2008
The Road Transport (General) Act 2005
Road Transport (General) Regulations 2005
Local Government Act 1993 (Section 650 Council free parking)
The are several Web sites that can be accessed to view the above
Legislation/Regulations. One site that is utilized by council officers is www.legislation.nsw.gov.au
Once you have accessed the site simply use your computer mouse to click on
browse and then select which act or regulation you wish to view. Alternatively
you can access the RTA at www.rta.nsw.gov.au
Parking
Infringement Revenue
Revenue derived from enforcement is the result of council’s obligation
to undertake this regulatory function.
Parramatta City Councils annual report provides an end of year statement
in regards to the total revenue received for parking related penalty
notices.
REFERENCES |
Road Rules 2008, Local Government Act 1993 (Section
650 Council free parking) Ranger Standard Operating Procedures 2008 |
POLICIES |
Council code of conduct |
APPENDIX A
Standard operation hours
APPENDIX B
Parking
enforcement guidelines for programs
APPENDIX C
Adjudication
Panel
APPENDIX D
Guidelines for discretion, warnings and issuing of PINs
APPENDIX E
Relevant Extracts from the Ranger Services Standard Operating Procedures
APPENDIX A
Hours
of Operation
General
hours of operation for the Parking Patrol Officers are
1. Monday
10am to 7pm
2. Tuesday
10am to 7pm
3. Wednesday
11am to 8pm
4. Thursday
1pm to 10pm
5. Friday
1pm to 10pm
6. Saturday
8am to 5pm
7. Saturday
1pm to 10pm
At times
Parking Patrol Officers are rostered to work outside of the above listed times
to manage illegal parking at special events, respond to specific community
complaints and assist in joint operations with the NSW Police Service.
It must be
noted that whilst on street parking enforcement was transferred from the NSW
Police Service to Local Government 2002, all NSW Police officers are authorised
to issue penalty notices under the Road Rules 2008 and as such complaints
outside of Councils hours of operation may be referred to the Local Area
Command for investigation/action.
APPENDIX B
Parking
enforcement guidelines for programs
1. Mobility Parking Scheme Program.
The aim of
this program is to stamp out the misuse by certain motorists who use another
persons
1. Complete
an RTA report of the incident
2. Issue
a penalty notice to the person using the
3. Post
the completed report and a copy of the penalty notice to the RTA fraud unit by
express post.
Mobility
Parking Programmes may be conducted at times in conjunction with the RTA. During these joint operations the RTA
officers only may confiscate permits.
2.
School Safety Program
The aim of
this program is to ensure that vehicle drivers do not park illegally in school zones within the
Council
officers utilize a combination of high and low visibility enforcement practices
when patrolling school zones.
3 Complaint
based programme.
This
programme is a continuous programme resulting from complaints received by
Council regarding parking related matters.
Council officers will investigate all complaints and take the relevant
action that will include but not limited to the issuing of warnings and issuing
of PINs.
Complaints
are mainly received from residential areas of the city and include issues such
as truck and general parking issues, driveway and footpath obstructions. When a complaint is received Council staff
will undertake an inspection to determine the appropriate course of
action. At times they will identify
other breaches occurring that they will need to investigate and enforce.
A regular
issue that arises is the obstruction of footpath areas and as a general guide
the following is provided as an attachment to the policy as a guide to assist
staff to manage this issue in a fair and equitable manner.
Parking
on nature strips in streets with rollback kerb and gutter
Under the
provisions of the Road Rules 2008 it is an offence for the driver of a vehicle
to stop on a path/strip in a built up area unless there are permissible parking
signs or a hard bay surface constructed for the purpose of vehicle parking.
Whilst it is
a requirement that vehicle drivers are to comply with the above mentioned Road
Rules, consideration must also be given to the issue of the number of suburban
streets within the Parramatta LGA where the road surface has been reduced in
width and additional kerbing installed such as rollback kerbs.
It is
Parramatta City Councils policy that in enforcing the Road Rules in these
situations no action will be taken in relation to vehicles which park parallel
to the road/kerb in the direction of travel in streets that have had the
footpath area increased and the road areas decreased such as areas with rollback
kerbing installed. . The vehicles must not interfere with the
general use of the footpath area, obstruct sight lines for vehicles using the
roadway or cause damage to Council infrastructure which includes the kerb,
footpath area and underground services.
Discretion
regarding parking on footpaths is mainly used in areas with rollback kerbs installed
by Council as they clearly define areas with readily available access. Officer may utilise this same discretion in
other residential areas were footpaths areas have been increased in width and
the road area reduced.
See the
following diagram for examples, where a vehicle is found to be parked not in
the manner depicted in the diagram a penalty notice may be issued. (ie the
vehicles marked with a “cross”)
APPENDIX C
Adjudication Panel
Representations may be made directly to the Council, where they will be
reviewed by the Adjudication Panel.
The Adjudication Panel is to consist of a minimum of three persons that
have been selected by the
· One specialist
· One independent
· One senior manager
Each member of the review committee is to remain impartial at all times
and in compliance with relevant legislation/ council policies.
The adjudication panel will be rotated on a regular basis with one
member being rotated at any one time to ensure probity and consistency within
the panel.
The panel should complete all reviews
within 7 working days of being notified.
The panel members must provide individual
reasonable time to resource the needs of the panel to ensure all time frames
are adhered to.
The panel may request additional details
or evidence from the person seeking the review to enable the panel to determine
the review. Where the request has not
been complied with in the required time frame, the panel may determine the
matter on the available information.
Factors to be considered in the review by the
Adjudication Panel:
· Was the infringement issued lawfully
· Was the infringement issued consistent with this
Policy
· The nature of the offence
· Type of penalty imposed
· Any mitigating or extenuating circumstances;
· Has the matter already been adjudicated by the IPB
· Has Council already adjudicated on the matter as a request from the IPB
The
panel must ensure a response has been forwarded to all parties in writing of
the result of the review.
The
panel must record all reviews in Council database (Trim).
All
matters will be heard once by the panel and all other representations must be
made by the respondent having the matter heard at Court.
APPENDIX
D
Guidelines for discretion, warnings and issuing of PINs
Generally
the disregard of parking restrictions/regulations by motorists particularly in
problem areas should attract a penalty deterrent. However in some circumstances
it may be prudent for an authorised officer to utilise discretion by issuing a printed
caution or verbal caution and directing the driver to move on.
Some
examples of the use of discretion are as follows,
· A driver returns to their vehicle as a council
officer is about to issue a penalty notice for over staying the sign posted
time limit. The officer is to use their discretion to issue a caution and
instruct the person to move the vehicle.
· A council officer observes a vehicle double
parked not in a dangerous position, a red zone or not obstructing traffic. The
officer is to use their discretion to issue a caution and instruct the driver
to move on.
· A driver returns to their vehicle as a council
officer is about to issue a penalty notice for parking on a path/strip. The
officer is to issue a caution and instruct the person to move the vehicle.
The above
examples may be used in a variety of situations involving illegal parking
except in circumstances
Whilst it is an expectation that authorised officers are to issue
penalty notices for illegal parking offences, it is also essential that each
officer employs good judgement in regards to educating the public about parking
regulations
The
introduction of hand held technology (PDA) will provide the means for
authorised officers to issue a printed caution to vehicle drivers. The
information contained on the caution, including offence and vehicle details
will then be saved to the database. If a later date the vehicle is again found
to be illegally parked the database should notify the attending officer of the
caution/offence details. Warnings shall
only be issued once to each vehicle in any one calendar year where they are
electronically recorded. Any disputes
relating to warning and the issuing of a penalty notice will be subject to the
formal review process.
APPENDIX E
Standard Operating Procedures (Relevant extracts)
Guidelines have been
set within this document which aims to achieve and maintain a minimum standard
for the operation, duties, functions and responsibilities of each individual
officer of Ranger Services whether they are corporate, business or individual
obligations. Not withstanding the intent of this document, many of the
principles and practices should be applied across all professionals within
Regulatory units of Council.
They are guidelines
that shall be followed in all but extenuating circumstances. All issues cannot be treated in the same
fashion. Therefore these guidelines will
not be hard and fast rules but will allow the discretionary application of
alternatives by the officer in order to achieve the subsequent resolution of
all situations in a satisfactory manner.
The overall aim is for each officer to achieve the highest possible
standard of operation and presentation reflecting consistency and the
professionalism of the unit as a whole.
The onus is on the
officer to utilise his/her authority as delegated with the knowledge provided
by this document and the discretion brought about by an appreciation of the
circumstances as dictated and an understanding of the need for a quality and
timely end result.
Accordingly this
document is a tool which will be used to assist officers in their assessment of
a situation and its subsequent satisfactory resolution.
In general terms,
every officer is expected to be completely familiar with these standard
operating procedures. Each officer is
accountable for his/her actions and shall strive to maintain a high
standard. Where circumstances require
variations from the procedures any actions should be confirmed with the Service
Manager Ranger Services or Supervisors prior to being put into effect or where
this is not possible immediately following.
It is expected that
officers will at all times act with courtesy, honesty and within their powers
of delegation. Officers must attempt to
gain the voluntary cooperation of all persons involved and apply standards of
reasonableness, common sense and good judgement whilst remaining fair and equal
and maintaining the ability to make sound judgements and put in place effective
actions.
No lesser standards
will be accepted of any officer bound by these standard operating
procedures. Each officer can assume that
it is both his/her duty and responsibility to ensure compliance with them and
that any failure to do so will be dealt with as a disciplinary matter resulting
from neglect of duties.
Ethics is the code of
moral and legal conduct expected of Parramatta City Council officers.
All officers are
required to be professional in their approach to duties, and must always
conduct themselves in an ethical and honest manner.
It is essential that
officers have a code of ethics to regulate their behaviour in the pursuit of
their duties. This code is regulated by
legal obligation under various statutes.
Officers will not
engage in any activity that will bring discredit upon themselves or Council.
A professional officer sets
standards for others to follow.
Officers Shall
a) Not
permit personal views or prejudices to influence their attitude towards any
person or duty required to be performed.
b) Respond
to any reasonable request or lawful direction from Council.
c) Not
commit any act, which constitutes dereliction of duty.
d) Not
commit any act that brings Council into disrepute.
e) Not
publicly criticise Council in any way, which is demeaning or defamatory, or in
any manner that brings disrespect to Council.
f) Not
obey any unlawful order, which is contrary to law.
g) Report
any such unlawful order to the attention of an immediate supervisor.
h) Not
solicit or receive any gift, gratuity, reward, fee, compensation or payment,
which will compromise the officer in the execution of his/her duty.
i) Comply with Council’s Code of Conduct and associated Policies.
Officers shall obey all federal, state and
local government laws and regulations and respond to all recognised agencies
within their jurisdiction.
Parramatta City Council and the individual
Officer can be held liable for the actions or otherwise of an officer in the
conduct or failure to conduct his/her duties and responsibilities. Where in the conduct of those duties the
officer has failed to identify or notify all relevant standards, conditions,
and the like or has wrongly indicated that the situation, standard or condition
is appropriate, he/she may be held professionally liable or negligent by a
person who has been detrimentally affected by that decision, indecision, action
or inaction.
Whether the officer has been found to be remiss
in the application of his/her duties and responsibilities for any given
situation under common law, the officer may be found to have been negligent for
any foreseeable situation. The Council
may also be liable under these circumstances and in the past officers have been
individually protected by the fact that they were acting on behalf of the
Council.
Numerous other pieces of legislation may
provide the officer with a statutory responsibility either as a professional
officer or as an individual and under certain circumstances both the employer
and the employee may be held responsible for inappropriate, insufficient or
inaccurate advice given, action taken, assessments made, or a failure to act,
advise or assess. This responsibility is
particularly represented in environmental legislation such as the Protection of
the Environment Operations Act of 1997.
It is a requirement of all officers whether or
not performing a regulatory function to avail themselves and practice both
legal and professional responsibilities.
The Protection of the Environment Operations
Act of 1997 requires organisations and individuals to take reasonable
precautions and exercise “due diligence”
to prevent harm to the environment. Offences under the Act can attract large
fines.
In general terms, due diligence means the prior
consideration by individuals of their actions which may be potentially harmful
to the environment, and taking appropriate steps to avoid or reduce
environmental harm.
Protection of the environment by an
organisation is the lawful responsibility of every employee, director or
manager.
The Protection of the Environment Operations
Act of 1997 does not define the meaning of “due
diligence”. Justice Hemmings of the
Land and
“a person must exercise such care, skill, and
foresight that would be expected of a reasonable person in that situation.”
Once an individual or corporation is found to
have committed an offence for which due diligence is a defence, the onus is on
the accused to prove “due diligence”
and must be able to satisfy the court that:
a) the contravention occurred without the person’s actual, imputed or
constructive knowledge, or
b) the person was not in a position to influence the conduct of the
corporation in relation to its contravention, or
c) the person used all due diligence to prevent the contravention.
For practical purposes the simplest way to
understand “Due Diligence” is that it is the opposite of “Negligence”.
The principles of due diligence are:
a) The provision of proper and suitable management and technical
systems for ensuring compliance with environmental legislation.
b) The provision of adequate management supervision and control of
the systems.
All officers must be mindful of the fact that
he/she is an ambassador of Parramatta City Council, who is constantly under the
scrutiny of clients, staff and the public.
Individual appearances reflect upon Council.
Officers must always present a well-groomed
appearance with clothing and footwear being presentable.
Male officers when reporting for duty shall be
clean shaven.
All officers ate to refrain from wearing
facial/ear piercings (OH&S).
Enforcement officers are issued with uniforms,
and must be properly attired when commencing duty. All uniforms must be clean and pressed.
Officers must maintain their uniforms
appropriately.
Uniforms are the property of the Council and
are to be returned upon termination of service.
Uniforms will be issued or replaced upon
application to the Supervisors of Ranger Services.
Uniforms must be worn in accordance with the
directions issued by the Service Manager Ranger Services/Unit Manager/Group
Manager and the CEO.
All officers are required to be courteous and
conduct themselves in a professional manner.
They must reply to internal and external
customer inquiries in a prompt and polite manner.
If unable to provide a service or supply the
information required the officer should refer the customer to the person or
business unit from whom the information may be obtained.
All officers must:
a) not report for duty under the influence of alcohol or any unlawful
narcotic.
b) not drink any alcohol or take any unlawful narcotic whilst on
duty.
c) not engage in any illegal activity.
d) not conduct any private business during working hours.
e) not wear a uniform or any clothing which distinguishes that
officer as a member of Parramatta City Council whilst not on official duties
(Includes Lunch break).
f) not smoke in public view or in any area of Council designated
“smoke free”.
g) shall not commit any act which is considered insubordinate, such
as use any language or physical action which is threatening, disrespectful or
abusive.
h) fail or refuse to report any action taken by themselves to
Council.
Officers are not
permitted to enter premises where alcohol is sold or consumed wearing an
identifiable Council uniform unless that officer is operating in an official
capacity.
Officers shall not
disclose information concerning Council; its officers or its employees to any
person not entitled to receive such information.
Officers
identification certificates, cards and badges will not be used in a manner to
give belief to other persons that the holder is a member of the Police force,
or has authority where this is not the case and must not be used to gain any
gift or any reward or benefit.
Officers are not
permitted to engage in secondary employment, which may be considered a conflict
of interest to Council, or engage in any other enforcement activities without
the consent of the CEO.
Officers are not
permitted to engage in local activities whether or not a resident of Parramatta
which may be considered or perceived to be a conflict of interest to Council or
the individual, without the consent of the CEO.
Where the officer is not sure he/she should consult with the Service
Manager or Unit Manager.
a) Members and staff shall ensure that there is no conflict or
incompatibility between their personal interests and the impartial fulfilment
of their public or professional duties.
b) Staff shall not knowingly engage in private work with or for any
person or body with an interest in a proposed or current dealing with the
Council, without firs making disclosure to the General Manager. In this respect, it does not matter whether
advantage is in fact obtained, as any appearance that private dealings could
conflict with performance of public duties must be scrupulously avoided.
c) Staff shall notify the General Manager prior to undertaking a
dealing in land in the area of the Council (other than purchasing or selling
the principal place of residence), and shall obtain written approval from the
General Manager prior to engaging in any outside employment or other business
dealings that relate to the activities of the Council.
d) Staff who exercise a regulatory, inspectorial, recruitment or
other discretionary function shall make disclosure before dealing with
relatives or persons with whom they are closely associated and, whenever
possible or in doubt, shall disqualify themselves from dealing with those
persons.
e) If you have any doubts or are unsure about disclosures discuss
your concerns with your manager.
a) Staff who have a direct or indirect financial interest in a matter
to be considered by their Council (ie one in which there is a reasonable
likelihood or expectation of an appreciable loss or gain) shall not take part
in discussion or vote on the issue.
b) The onus is on members and staff to identify conflicts of interest
or pecuniary interests, which they may have, and to determine whether any of
the statutory exemptions apply.
Disclosure of Interest
a) Members and appropriate staff shall disclose, in a written return
or at the relevant meeting, the interests who might be in conflict with their
public or professional duties (as specified in the Local Government Act 1993).
b) Whenever disclosure is required by the law, recommended in this
Code, or otherwise seems appropriate, it should be made promptly, fully and in
writing (or in cases of urgency made orally and confirmed in writing) and both
the disclosure and nature of the interest should be recorded in Council
Minutes.
Use of confidential information
Members and staff must
never use confidential Council information to gain advantage for themselves or
for any other person or body; in ways which are inconsistent with their
obligation to act impartially; or improperly to cause harm or detriment to any
person, body or their Council.
Improper or Undue Influence
Members and staff
shall not take advantage of their position to improperly influence other
members or staff in the performance of their duties or functions, in order to
gain undue or improper (direct or indirect) advantage or gain for themselves or
for any other person or body.
Gifts and Bribery
Members and staff
shall not seek or accept (directly or indirectly) from any person or body, any
immediate or future gift, reward or benefit for themselves or for any other
person or body, relating to their status with a Council, or their performance
of any duty or work which touches or concerns the Council.
If any gift, reward or
benefit or moderate acts of hospitality are offered, disclosure must be made
immediately to the Service Manager or Manager Internal Audit & Review and complete
gift register form.
Conduct of Members and Staff
Members and staff
shall:
a) act properly and in accordance with the requirements of the law
and the terms of this code;
b) perform their duties impartially and in the best interests of
their communities, uninfluenced by fear or favour;
c) act in good faith (ie honestly, for the proper purpose, and
without exceeding their powers) in the interests of the Council and the
community;
d) make no allegations which are unseemly or derogatory unless true,
in the public interest, and pertaining to the matter before the Council;
e) refrain from any form of conduct, in the performance of their
official or professional duties, which may cause any reasonable person
unwarranted offence or embarrassment;
f) always act in accordance with their obligation of fidelity to
their Council;
g) observe the highest standards of honesty and integrity, and avoid
conduct which might suggest any departure from these standards;
h) bring to the notice of the General Manager and/or Lord Mayor (as
appropriate) any dishonesty on the part of any other members or staff; and
i) be frank and honest in their official dealings with each other.
j) Never disclose confidential information.
Staff shall:
a) while on duty, give their whole time and attention to Council
business and ensure that their work is carried out efficiently, economically
and effectively, and that their standard of work reflects favourably both on
them and on the Council;
b) obey lawful orders given by any persons having authority to make
or give such order, with any doubts as to the propriety of any such orders
being taken up with the superior of the person who gave the order and, if
resolution can not be achieved, the General Manager; and
c) give effect to the lawful policies of their Councils, whether or
not they agree with or approve of them.
Members and staff
should ensure compliance with proper and reasonable administrative practices
and standards of conduct, and professional and responsible management
practices.
Use of Council Facilities, Funds, Staff and
Equipment
Members and staff
shall:
a) be honest in their use of Council facilities, funds, staff and
equipment and shall not permit their misuse (or the appearance of misuse) by
any other person or body;
b) use Council resources entrusted to them effectively and
economically in the course of their duties, and not otherwise; and
c) not use Council resources, including the services of Council staff
for private purposes (other than when supplied as part of a contract of
employment), unless legally and properly authorised to do so, and payments are
made where appropriate.
Travelling and Sustenance Expenses
Members and staff
shall claim or accept travelling and sustenance expenses arising out of travel
only on matters which have a direct bearing on Council business.
Staff will have access
to relevant Council information sufficient for them to perform their duties and
meet their responsibilities.
Communication with Community
Staff shall ensure
that Council strives to communicate effectively with, and promote participation
by all sections of their communities, in order to achieve proper accountability
and responsibility.
Health, Well-Being and Safety
Staff shall ensure
that their Council’s premises are adequate to ensure the health, safety and
well being of their staff and members of the public.
Professional Advice
Staff shall ensure
that no restrictions are placed on the ability of staff to give professional
advice to their Council.
Staff shall ensure
that their Council impartially and properly assesses its own planning,
development, building and subdivision proposals, consistent with the scope and
standard of the normal assessment of private proposals or applications.
Every employee of
Council is accountable for his/her actions, performance, carrying out of duties
and responsibilities and compliance with corporate and business policy,
objectives and tasks.
Accountability is
making individuals responsible through a process of performance and task
assessment. Reporting the results of
these performs the feedback role required to assess performance and task
relevant. It also enables reviews and
incentives based on performance and productivity within the areas of
responsibility and scope of the business and corporate terms of reference.
The Ranger Services
Unit has an accountable reporting structure.
All officers are directly accountable to their Service Manager. Staff within the Ranger Services unit report
directly to their nominated supervisor.
Delegations are powers conferred on an officer
by the General Manager to act for or on behalf of Council as its agent where
Council has been delegated with those powers whether by legislation or by
another authority.
An officer’s delegation is specific to him/her
and outlines each piece of legislation for which an officer is to act as the
Councils agent, being its employee.
These delegations will outline the nature of the legislation and the
intent to which the officer may act on behalf of Council under which relevant
piece of legislation. The ability to act
extends from the signing of the correspondence, to serving an order, powers of
entry onto premises and includes being an authorised officer of Council.
a) An officer must never act outside his/her delegations.
b) Maintain his/her delegations in a secure position where they are
unlikely to be damaged, lost or stolen.
The officer is issued with the original document and these must not be
altered.
c) Not under any circumstances hand to any other individual other
than the Supevisor, Service Manager, Unit Manager or the General Manager or his
nominated agent, all or any part of the delegations.
Every officer who is issued with delegations is
a designated person under the Local Government Act of 1993 and as a result is
required to disclose pecuniary interests in accordance with Section 442 and 443
of the Act. Section 445 states that a
designated person is required to prepare and submit written returns of interest
in accordance with Section 449 and must disclose pecuniary interests in
accordance with Section 429. These
returns are required to be completed and returned to Councils Public Officer
within three (3) months after the 30th June each year.
The Public Officer will circulate the necessary
forms within the given period to all relevant employees of Council.
Each officer who has delegations is issued with
a Certificate of Authority. A
Certificate of Authority is a certificate outlining that the person is an
authorised officer under the provisions of the legislation for which the
certificate has been issued. The powers
of an authorised officer (the holder of a Certificate of Authority) are
conferred by the legislation. This is
different to delegations which are the more restrictive powers conferred on the
officer by the General Manager / Council to perform all or part of the
activities and responsibilities of an authorised officer as Councils employee /
agent.
Your Certificate of Authority is your key to
access premises and without it you cannot
act. Failure to produce your written
authority requested on entry to premises is an offence under the Local
Government Act of 1993, which may incur a fine of up to $500.00.
a) At all times you must introduce yourself and produce your
authority.
b) At no time shall you hand your authority to anyone. There has to be no question in the mind of
the person you are dealing with as to who you are where you are from, who you
represent and what you are doing there.
An authorised officer does not have the power
to act on premises unless he has been given powers of entry, which can be found
both within his/her delegations and the associated Certificate of Authority, if
issued, and in accordance with relevant legislative provisions.
An officer who loses or has any identification
certificate stolen shall immediately report the same to the Service Manager
Ranger Services.
Other damaged or aged identification
certificates may be replaced upon presentation to the Service Manager Ranger
Services.
All items (radios, id cards, keys, badges, etc.
issued to officers remain the property of Parramatta City Council and shall be
returned immediately upon termination of employment. The Services Manager Ranger Services shall
complete the Human Resources checklist and ensure all items issues from
commencement of employment are returned.
Each enforcement officer is issued with an
official duty book. It is each officer’s
responsibility to ensure that the duty book is completed/updated on a daily basis.
Each notebook is to contain the following
information -
ISSUED
TO: (Officers name)
DATE
COMMENCED: (Date of issue)
DATE
COMPLETED: (Date of completion)
DATE: (Commencement of each shift)
COMMENCED DUT The actual time the
officer starts duty
OFF DUTY: The
actual time the officer ceased duty
ACTUAL DUTY: Events - This
should be a brief but concise description on the investigations carried out on
the day, in logical order, stating name (Witness/offender, address and
conclusion/action taken)
STATISTICAL
DATA: (Inspections, detected offences/ infringements
issued and type)
SIGNATURE: Each officers
is to sign off their official duty book (daily) and the Supervisors – Ranger
Services (monthly)
Note: Duty
books are an official recording mechanism and may be required to be produced in
a court of law. Therefore, the duty book
is not to be used for personal information.
All officers shall be required to submit their
duty books to their supervisor or Service Manager as required. Duty books remain the property of
Motor vehicle parking offences can be defined
as the causing or placing of a vehicle, so as it remains stationary in a
position contrary to a notice or marking or regulation.
Illegal parking may relate to both on street
and off street situations.
Non-compliance by motorists of parking
regulations and restrictions requires continual surveillance by officers,
relying on systematic and properly structured patrols.
Patrols should be undertaken during peak
periods of non-compliance using elements of local knowledge, officer presence
and deterrence.
These techniques are essential in order to
reduce the incidence and recurrence of offences.
Causes
of Illegal Parking
There are three (3) basic ingredients which
will contribute to illegal parking, they are:
- Convenience
- Ignorance
- Environment
Convenience
Offences of convenience should not be tolerated
by officers, as ultimately such parking causes considerable inconvenience to
other users such as in the case of designated disabled sites.
Ignorance
Whilst ignorance is no excuse of the law,
officers are required to maintain a firm and consistent approach for
compliance.
Environment
The built environment is an important factor
causing the inappropriate placement of motor vehicles. Lack of sufficient parking facilities and
poor design is also attributes to the problem for both residential, Council
provided areas and designated street zoned sites.
On street parking offences relates to all public
street or roads within the Local Government area and is divided into two (2)
areas.
Division
One Area – Parramatta Central Business District
Division
Two – Greater Local Government Environs
Remainder of the
Off street parking relates to all areas under
Council jurisdiction regardless of division and includes Councils parking
stations, allocated areas, reserves and service agreement sites.
Officers to refer to Enforcement Procedures
SEINS this policy, see Council Officer Powers.
NB: Subject
to training of officers and approval, amendments to these Standard Operating
Procedures will occur.
Efficient and effective parking regulation as
previously stated relies heavily on systematic presence by officers.
Consistency in enforcement application is the key component in avoiding undue
criticism.
Blatant disregard of restrictions by motorists
particularly in problem areas should always attract a penalty deterrent.
Leniency is a discretionary option available to
all enforcement personnel providing that the officer does not compromise
his/her professional ethic in any way.
The following procedures and work practices
shall be adopted by officers in all circumstances.
h) Officers
to discharge and comply with parking patrol rosters set by the Supervisors.
i) Officers
are to be outfitted at all times with relevant equipment for parking patrol
duties such as envelopes, chalk or portable radios.
j) Officers
to be appropriately attired (uniform) when conducting parking patrols,
including hats.
k) Portable
radio units to accompany officers conducting exercises.
l) Infringement
notifications issued and placed on offending vehicles (if external to a cover)
during wet weather shall be encased inside waterproof jackets to avoid
deterioration and sufficient motorist notification.
m) No
officer shall rest or place his/her foot on the tyre of a vehicle or any other
part whilst issuing or preparing an infringement notification.
n) No
officer shall lean or rest any portion of his/her body on an adjacent vehicle
whilst issuing or preparing an infringement notification.
o) No
officer shall chalk the outside wall of a tyre to determine breaches of the
time restriction. All chalking shall
occur on the tread of the tyre.
p) Officers
are to check all signs are clear and visible
q) All
four tyres are inflated.
r) That
the vehicle is not displaying a valid disabled parking permit.
s) Apply
a 10 minute courtesy.
a) Check
for current ticket
b) That
the meter is functional
c) Signs
are clear and visible
d) Obtain
a test ticket
e) Apply
10 minute courtesy
f) If
you have any concerns prior to issuing an infringement, call your supervisor
for guidance and assistance.
g) Fill
in daily notebook
h) If machine is not working – then chalk the
area and report to base.
The owner of any
private land may enter into an agreement with Council under which the land or
any part of the land is set aside for the use as a Free Parking Area.
These are known as
Council Free Parks, and are governed under Section 650 of the Local Government
Act.
Upon entering these
parking areas they must have “One clearly visible Condition of Entry
Sign/Notice erected at each entrance.
All other
time/restrictive signs within the Council Free Carpark are courtesy signs only.
The terms of any such
notice or sign may relate to any one or more of the following
a) time during which the public may use the free parking area
b) the designation of a parking space within the free parking area
c) displaying a current parking authority for a person with
disabilities
d) the maximum period for which a vehicle may be parked in the free
parking area.
Notwithstanding, these Standard
Operating Procedures all officers shall further discharge every requirement of
the SEINS Bureau standard procedures regarding the issue of infringement
notifications.
An enforcement officer
is a person charged with the responsibility of conducting inquiries into
alleged offences or incidents.
Officers should be
completely objective and concerned with establishing innocence as with evidence
that may determine guilt.
It is the charter of
the officer to determine the truth of the matter by collecting all of the
available evidence relevant to the inquiry or incident.
Officers have the
responsibility for the prevention and detection of offences against the
organisation or authority they represent, or the area in which that authority
acts.
As increased
responsibility for enforcement of legislation is shifted towards Local
Government, greater demands will be placed upon officers to investigate and
enforce the volume of laws and regulations placed before them.
Precise rules and
procedures applying to any particular situation will depend upon legislative
provisions, Council policies and other circumstances involving that situation.
Officers by the very
nature of their employment see themselves as an extension of legally
constituted authority. This attitude can
sometimes lead to a judgement that the most serious offence that can be committed
is resisting authority and that resistance or dissent in any form is
criminal. Such attitudes can be
detrimental in the field of enforcement, particularly where an officer is
seeking effective resolution or compliance of issues, situations and incidents.
In order to assist
officers through the principles of enforcement, appropriate guidelines have
been established within this policy which address:
a) Enforcement
Officers Ethics and Standards
b) Concepts
of Law and Offence Categories
c) Civil
Liberties
d) Enforcement
Processes
Additional to the
above disciplines, officers are expected to develop sound interpersonal and
communication skills, thereby increasing their effectiveness through
negotiation and mediation and complete it satisfactorily. Other attributes reflect directly on an
officer’s ability to do a specific job.
An effective officer
or indeed any person involved in the field of enforcement needs to be able to
have particular personality traits and attributes in order to achieve desired
end results in such a position.
These may be that the
person has to be:
a) energy driven
b) results orientated
c) able
to take and receive direction
d) ability
to remain in control of a situation
e) ability
to be fair and consistent (remain objective)
f) confident
g) ability
to concentrate
h) consistent
or minimal variations in mood swings
i) an
enforcement ethic
j) a
desire to communicate, negotiate, liaise and mediate to resolve conflict.
In the investigation
of offences, officers will uncover evidence, which discloses the proofs of a
number of offences, which may have emanated from the one act.
It will be standard
policy in these instances for the substantive charge to be preferred. The court heavily criticises the laying of
numerous charges when one single charge will suffice.
The practice and
policy of the Community Enforcement Unit will be to utilise a “best practice”
methodology in its investigations.
The practice will
reduce the investigation time of menial offences detected by officers in which
charges and preparation of briefs of evidence is only undertaken for the most
serious offences.
There are two
approaches in industrialised countries based on competing philosophies of
regulation – deterrence and persuasion.
Advocates of
deterrence argue that compliance is driven by the probability and severity of
punishment – that is, the expected penalty.
At Parramatta City
Council the following measures are available to Regulatory Services to secure
compliance with their legislation:
· advice
· formal
direction
· an
improvement notice
· a
prohibition notice.
· An
on-the-spot fine
· A
formal warning of prosecution, and
· A
prosecution through the courts.
The Enforcement teams
generally draw on these measures in a two-sage process. For the majority of offences, persuasion in
the form of advice and compliance notices is used when non-compliance is
detected. Only when these fail do the
Enforcement Team consider prosecution.
Specific deterrence
seeks to alter the behaviour of an individual.
General deterrence aims to change behaviour of all individuals.
See Multiple Offences,
Double Jeopardy and Duplicity components this policy document.
Ethics have been
previously outlined in the Standard Operating Procedures. This code of ethics provides generalised
standards for all officers.
A greater ethical
standard, in addition to these must be understood and practised as directed by
Council and management, as enforcement personnel who, in pursuit of their
regulatory role, have many legal obligations placed upon them. The legal requirements outlined in this
manual are mandatory provisions of law and are referred to as the law of
investigation.
Administrative
mechanisms of law are also required to be observed by officers.
Enforcement Ethics
Enforcement ethics in
practical terms can be described as a sense of “fair play” and apart from the
prementioned legal obligations, officers must endeavour to adopt the following
standards, which are to be:
- sensitive
to the emotional structure of others;
- sincere
in the discharge of their duties;
- honest
in their reporting of offences;
- consistent
in enforcement procedures;
- unbiased
in their dealings with others, regardless of nationality, sexuality, religion,
political ideology, education or economic status;
- constantly
aware that the prime purpose of enforcement is to resolve issues in a positive
manner;
- maintain
Council’s image as firm, fair and responsive;
- consistent
with community expectations;
- consistent
with other elements of compliance, education, deterrence and encouragement.
All officers are required to practice these
Ethical Standards. See Standard
Operating Procedures Officers Ethics.
The principles of justice are drawn or inferred
from the common law, of which many are related to the criminal law, which have
great implications on investigations carried out or conducted by enforcement
personnel. These are set out below.
The
Right to Life
Each and every person has a right to live. The common law guards life, which must not be
endangered in any way. Comfort and
health must also, not be interfered with.
The
Right of Freedom of Action
The community in general may do whatever it
wants, unless the law forbids it.
A person does not have to do anything unless
the law expresses otherwise. An
enforcement officer must have a sound knowledge of actions, which are
forbidden, and those that are required by law.
See Regulatory Services Standard Operating
Procedures relating to Legislative Provisions.
The
Right of
All persons are entitled to liberty, unless
there is a lawful reason for deprivation.
Enforcement officers must know the circumstances of which a person may
be lawfully restrained or arrested, otherwise there must be no interference
with a person’s liberty.
See Regulatory Services Standard Operating
Procedures relating to Powers of Officers.
The
Right to Use and Enjoy Personal Property
Every person has a right to use and enjoy their
personal property and must not be deprived of such without the authority of
law. Enforcement officers must be aware
of the circumstances and statute powers under which such property may be
lawfully impounded, confiscated or seized.
See Regulatory Services Standard Operating
Procedures relating to Impounding, Seizure and Confiscation.
The
Right of Privacy
People have the right of privacy at their place
of residence. No one is permitted to
enter any residence of another, unless, with the consent of the occupier/s.
Enforcement officers exercising the provisions
of various statutes may lawfully enter and remain on such premises. It is imperative that officers know the
circumstances and conditions under which such entry may be gained without the
consent of the occupier/s.
See Regulatory Services Standard Operating
Procedures relating to Powers of Officers.
Ignorance
of the Law
Whilst it cannot be expected that every person
knows the law, ignorance of the law is no excuse.
All persons shall endeavour to acquaint
themselves with the law, as it relates to the activity being engaged. This applies to enforcement officers, as it
does to any other person.
Although an excuse by way of an individual
pleading ignorance may appear harsh, the rule exists because of it
practicality. Hence it is easy for one
to claim a lack of knowledge after acting out an illegal activity.
If ignorance was taken into account as a
defence, then the law could not be enforced.
See Absolute and Strict Liability Offences in
this policy.
The
Guilty Mind as an Offence Element
Persons should not be convicted of an offence
unless they are committed by a guilty mind.
A guilty mind is essential in all common law offences, however, some
statutes do not require that element.
Statutory offences not requiring the “mens rea”
elements are referred to as absolute or strict liability offences.
See Absolute and Strict Liability Offences in
this policy.
Presumption
of Innocence
All persons are presumed innocent until proven
guilty, which is a basic human right.
Persons charged with an offence are not required to prove their
innocence. However, certain statutes
carry a reverse onus of proof requiring defendants to defend an act committed.
See Regulatory Services Standard Operating
Procedures Legislative Procedures.
No
Requirement to Answer Questions
An enforcement officer or any other person may
put questions to any person whether suspected or not of having committed an
offence, where it is believed that information may be obtained. However, such person is not required by law
to answer any such questions.
An officer has no general powers to demand
information from any person, unless there are specific statutory provisions to
do so.
See Regulatory Services Standard Operating
Procedures – Legislative Provisions.
Arrest
for Questioning
A person may not be arrested for the purpose of
answering questions. Such detention of a
person may result in both civil and criminal action against the person affecting
the arrest.
See Regulatory Services Standard Operating
Procedures Powers of Arrest.
Those
Who Assert Must Prove
A person who accuses
another of committing an offence must prove the accusation. The accused person is not required to enter
into a defence until a case to answer to is made against that person.
See Regulatory Services Standard
Operating Procedures – Legislative Provisions, Reverse Onus of Proof and
Evidence.
Beyond Reasonable Doubt
A person shall not be
found guilty of an offence unless such guilt is proved beyond reasonable doubt,
which is the criminal, standard of proof.
See Regulatory Services Standard
Operating Procedures Law of Evidence.
Freedom of Information
A person has a right
to access his/her personal information held by an agency, subject to certain
conditions provided in the Freedom of Information Act, 1989. This act is applicable to Council and its
records, including as defined these records of an officer.
NB: Officers should advise their Supervisor of any information which
may effect or be affected by a Freedom of Information Act enquiry. Council’s Public Officer is responsible for
the application, administration and execution of any such enquires subject to
the consensus of the General Manager.
Any contact with the Public Officer in this regard should be referred to
the Unit Manager. The General Manager
has the authority to declare certain documents exempt should Councils position,
legally, be jeopardised. The Public Officer and the General Manager should be
consulted in this regard. All such
consultations should be directed through the Unit Manager.
In
The Australian Law Reform
Commission was established to review and report upon whether family, business
and criminal law are appropriate to a society made up of people from different
cultural backgrounds and from ethically diverse communities.
There are close links
between culture, religion, tradition, custom and the law. Practices outlawed by custom may be
prohibited by the criminal law, rites and ceremonies deriving from religion or
tradition might be incorporated in law eg certain religious beliefs and
practices. In some societies, there may
be conflicting differences between the law, certain practices and customs.
Australian law is
derived from the common of
The law, however, may
not adequately recognise or protect the cultural value of all Australians, in
particular those citizens who identify with one of the many minority groups
which forms part of the broad Australian society.
Enforcement officers
will often be required to exercise discretion and must enforce the law in a
fair and equitable manner.
Officers need to
develop an understanding, an awareness of minority groups and most importantly,
officers must examine and challenge their own attitudes regarding these groups
for effective representation of the community as a whole.
Officers in the
discharge of their regulatory and statutory responsibilities will have cause to
question persons suspected or not of having committed an offence or breach of
the law.
One of the most
fundamental and basic rights of an individual is the right of silence which is
based on the common law principal that a person does not have to say anything
which would incriminate that individual.
When an enforcement
officer is trying to ascertain whether an offence has been committed and by
whom, that officer is entitled to question any person whether suspected or not.
As soon as officer has
evidence that will afford reasonable grounds in the mind of the officer that
the person suspected has committed an offence then that officer shall caution
that person or cause him/her to be cautioned before putting any further
questions to that person.
Officers should be
careful that the caution not be deferred past the point where the suspicion
arises in order to secure the admission.
If an admission is
made by an offender at a point whereby a caution should have been administered,
then there is a risk that such an admission will be ejected by a court.
Cautions are not a
statutory obligation (with the exception of some states in
However, a statement
of guilt offered voluntary before there is time to issue a caution, such
evidence would not be admissible due to lack of caution. Once such admission is made officers should
administer the caution immediately.
The following
guidelines should be adopted by officers.
The caution should be
administered in the following terms:
“I must caution you that you are
not obliged to say anything further unless you wish to do so, as anything you
care to tell me may be put in writing and used as evidence. Do you clearly understand that warning?”
The officer must
satisfy him or herself that the suspect fully understood the meaning of the
caution.
The officer must be
satisfied that the person, to whom the caution was issued, fully understood
such caution. Nothing prevents the
officer from continuing to question the suspected offender.
However, if the person
maintains their right to silence, the officer cannot continue to ask the same
questions repeatedly.
Officers dealing with
juvenile or ethnic offenders should be mindful of the fact that the formal
caution may not be understood in the context in which it was delivered or the
seriousness of its application.
Officers should
practice a degree of discretion and administer the caution in more simple
terms.
Officers, after
administering a caution to persons in these categories should ask that the
caution be repeated back to them in a manner, which clearly indicates that such
a caution was clearly understood.
Unlawful actions are
not confined to adults. It is accepted
that a majority of juveniles are capable of committing offences including those
of a serious nature within the community.
Persons under the age
of eighteen (18) years are legally defined as juveniles and must be treated as
such.
Further, a child under
the age of ten (10) years cannot be guilty of an offence.
Juvenile crime often
results from peer group pressure, boredom, defiance of authority or ignorance
of the law.
It is common policy
within law enforcement agencies to target juveniles with the educational arm of
enforcement as opposed to judicial actions, this is not to say that all
juvenile offences should be dealt with by way of caution, as instances will
arise whereby prosecution is the only option available.
Officers having
elected to officially caution a juvenile offender, may undertake any of the following:
a) If
the offence is of a trivial nature, a verbal warning should be administered.
b) If
the offence requires some disciplinary action, adult notification should be
undertaken by the officer.
c) If
the offence is of such a concern that non-compliance is a possibility or above
cautions has previously been administered, the officer should cause the
juveniles personal particulars and offence details to be placed on the NSW
Police juvenile cautioning system.
It is not appropriate that juveniles be served
with official caution notices from Council, however, officers are required to
document such details in their official field diaries or make the appropriate
official notebook entry, and as such records may give credence should
litigation be initiated at a later date.
Section 13(1) of the Children (Criminal
Proceedings) Act of 1987, states that:
Any statement, confession, admission or
information made or given to a member of the Police Service by a child who is a
party to criminal proceedings, unless:
a) There
was present at the place (any place) where and throughout the period of time
during which, it was made or given, a prescribed person, being either a person
responsible for the child, an adult (other than a member of the Police Service)
who was present with the consent of the person responsible for the child.
b) In
the case of a child who is of or above the age of 16 years, an adult (other
than a member of the Police Service) who was present with the consent of the
child.
c) A
Barrister or Solicitor of the Childs own choosing (this refers to a child of or
above the age of 16 years).
When a child attends an interview voluntarily
regarding possible proceedings against that child, the investigating officer
will notify a parent or any person aged 18 years or older having guardianship
of the child of the location of the intended interview.
Officers shall record all such steps taken to
have a parent or guardian attend such an interview.
This is necessary for a court to determine that
all reasonable efforts have been made.
Officers dealing with people of non Australian
background must be sure in their own mind that the message being conveyed is clearly
understood by that person.
Should it be necessary to interview a person who
cannot read/understand or speak English, it is essential that the services of
an interpreter be obtained.
Officers must obtain a statement from the
interpreter who will relate the interpreted conversation to a court if so
required.
The State Debt
Recovery Office is responsible for the processing of infringement notices
issued all Enforcement Officers on a state-wide basis.
The State Debt
Recovery unit of the RTA was formed to oversee customer service client
reconciliation, training and customer liaison.
The SEINS system was enacted as from
Briefly, the scheme
provides that traffic and parking law enforcement in NSW will not be
automatically referred for determination by a court unless the individual so
desires. It is an automated
administrative process of enforcement and associated revenue collection.
The scheme was further
amended by the Motor Traffic (Penalty Defaults) Amendment Act which, from
A Short Title of
Offence or Prescribed Expression must be gazetted under the Justices (Short
Title of Traffic and Other Offences) Regulation 1986 for any offence that is to
be subject of an on-the-spot infringement notice under SEINS.
A prescribed officer
has two (2) options of dealing with an offender. An officer may, for the majority of offences,
issue an on the spot infringement notice which carries a fixed penalty in
accordance with the offence committed.
In matters of a serious nature, or where an infringement notice is not
appropriate, a breach report may be submitted. (See Breach Reports).
The issue of an
on-the-spot infringement notice is the commencement of the SEINS system. Under the
legislation an offender has four (3) options available for disposing of an
infringement notice.
a) Parking
and traffic offences and 21 days for payment to be made and environmental
offences have 28 days to pay from the date of issue.
b) Enact
the owner-onus provisions of the legislation by completing a statutory
declaration nominating the full name and address of the person actually
responsible for the offence. This
applies to parking and camera detected offences only. A statutory declaration is provided on the
reverse side of Part C.
c) Elect
to have the matter dealt with before a court.
A court election is provided on the reverse side of an infringement
notice and courtesy letter. Clients are
notified of a court election by the issue of an unavailable dates form
forwarded to the Police Prosecutor regarding available dates.
Should the infringement notice not be satisfied
within the prescribed period of 21 days, or 28 days in the case of an
environmental offence, a courtesy letter is forwarded to the offender. The courtesy letter offers the individual the
same four (3) options of disposing of the notice as above and an additional 28
days to pay. Customers may contact the SDRO and request/arrange for up to two
(2) extensions to finalize payment.
In the case of parking and traffic offences, if
the infringement notice remains unsatisfied after a further statutory period 28
days after the courtesy letter is issued, the matter is referred to the SDRO
Enforcement Unit for the commencement of fine default action. The Enforcement Unit undertakes a search of
the drivers’ licence / motor vehicle registration records to locate a current
record for the offender and if found, issues an enforcement notice.
This notice requires payment of the original
infringement penalty amount plus an additional collection fee being an
enforcement order within a 21-day statutory period. If payment is not received, fine default will
be taken by the State Debt Recovery Service.
This may result in automatic cancellation of the offenders drivers
licence or motor vehicle registration, until the penalty is paid.
In cases of offences not relating to a motor
vehicle offence and if the offender is unlicensed or is not the registered
owner of a motor vehicle in NSW, the matter is referred to the Local Courts
administration. A Court Enforcement
Order is then produced by the Infringement Processing Bureau on behalf of the
local courts administration who then become the enforcing authority.
Like the Notice of Cancellation, an Enforcement
Order carries a statutory fee in addition to the original penalty, which must
be satisfied within a prescribed period of 21 days.
Should the penalty still remain unsatisfied, a
warrant is issued by the court and referred to the Police Service for
execution. The warrant of commitment
carries an additional statutory cost, which is added to the cumulated penalty
amount. It can be satisfied by payment
to Police of the specified penalty, by service of a Community Service Order and
finally by arrest and detention of the offender for a predetermined period.
On
street parking offences
Officers employed by local Councils to
participate in the enforcement of parking restrictions. Authorisation for those officers to perform
this duty is vested in the CEO.
a) Council
enforcement officers will only use infringement books issued by the State Debt
Recovery Office or PDA’s. Completed
books are to be handed to Supervisors.
b) Council
enforcement officers will be trained by a SEINS, LGSA training or senior
parking officers or Supervisor.
c) Complaint
matters in Council areas are to be attended to by same, however, outside office
hours Rangers on call will attend to those matters deemed an emergency, except
in circumstances pertaining to anti social behaviour.
d) Where
Council officers experience difficulties at the scene of a parking infringement
location those inquiries should be attended by their supervisor.
e) Council’s
Parking Patrol Officers (PPO’s) will be
given the same powers and will police parking restrictions in the role of an
authorized officer.
The Road Rules Road Transport (General) Regulation 2008, Road Transport
(General) Act 2005.
Road Transport (General) Act 2005
The authorisation to
issue parking infringement notices to report offending vehicles, for parking
offences and the details concerning the issue of infringement notices, is set
out in Division 1 section 15 of the Road Transport (General Act) 2005, No. 18.
Powers relating to the issue and enforcement of
parking regulations
Council enforcement
officers are engaged in the enforcement of parking regulations by virtue of the
Road Transport Safety and Traffic Management Act 1999, section 8.
“The Governor may make
regulations, and may thereby make provisions for or with respect to the marking
of tyres of motor vehicles by means of crayon, chalk or any similar substance
by members of the Police Service and Special Constables in the employ of the
Commissioner of Police for any purpose connected with the enforcement of any of
the provisions of any Act, Regulation or Ordinance.”
The Road Rules 2008 contains
diagrams of traffic control signs and only signs answering the general
description of the illustrations are authorised.
Whilst authorised
signs are normally affixed to metal posts, there are a number of instances
where portable signs with a pedestal are utilised in various places ie adjacent
to places of workshop to facilitate the conduct of weddings and funerals etc. Some authorised “clip-on signs” are in
regular use in certain areas. Should
Council officers have doubt as to whether portable or clip-on signs are
authorised, advise should be sought from a member of Council’s Traffic Section.
INCLUDE REFERENCE TO
RELEVANT LEGISLATION AND SEEK ADVICE FROM TRAFFIC & TRANSPORT UNIT.
Should an infringement
book be lost or stolen, such loss or theft shall be immediately reported to a
supervisor who will advise the NSW Police and the State Debt Recovery Office.
At the end of each calendar
month, infringement books are to be presented to the Supervisor for perusal.
Officers shall not
retain infringement books whilst on leave.
No officer shall issue
an infringement notice unless prescribed with the appropriate delegation by
Council.
All officers are required
to thoroughly acquaint themselves with the SEINS Training Manual and Fixed
Penalty Handbook.
Prior to the issue of
an infringement notice, all enforcement officers are required to practice the
following procedures:
a) Have
reasonable cause to believe that an offence has been committed.
b) Prima
facie evidence of the offence has been established.
c) Details
of the offence have been recorded in the officer’s official notebook.
The above applies
where infringement notices are issued to the following:
a) Person
in charge.
b) The
owner.
c) Persons
doing the activity.
d) Persons
named in approvals.
e) Prima
facie evidence has been recorded on the infringement notice.
f) All
parts A, B and C of the infringement notice are completed accurately.
g) Infringement
notices are completed in a legible manner.
h) Only
black biro has been used and is permitted when writing notices.
i) Offence
and regulation codes are correct and completed.
Infringement Notices Requiring Onus
Where an infringement
notice is issued requiring an owner onus, that is, issued to vehicle instead of
person, the following shall apply:
Cancelled Infringement Notices
Where an error is made
during the preparation of an infringement, which renders the notice void or
inappropriate, the notice should not be issued.
All parts of the notice (3) must be clearly endorsed, cancelled
and signed by two (2) supervisors including date, brief particulars as to the
reason for cancellation and details of other action taken must be endorsed on
all copies, eg no offence, see subsequent infringement number Z1234567, and
part A & C are to be forwarded to the State Debt Recovery Office.
The Part A and C of
the cancelled notice should be removed from the infringement notice book,
stapled together and forwarded to the SDRO in the same manner as when
despatching Part A’s. If another notice
has been issued in lieu of the cancelled notice the relevant Part A should be
forwarded separately not attached to the cancelled notice.
Notices that are cancelled prior
to dispatch to the Bureau are not charged the service fee.
Notices Incorrectly Used
Where a notice has
been incorrectly issued, no attempt should be made to retrieve the Part C. In this case, the Part A should be forwarded,
accompanied by a report setting out the error, to the Manager – Operations Unit
in the DAILY dispatch. A copy of this
report should be appended to the Part B that will remain in the infringement
book for audit purposes.
Errors and their Repercussions
The infringement
notice Part A is the source document and as such needs to be accurate, complete
and legible.
Unfortunately, errors
are made when completing infringements and this can result in:
a) Time
delays.
b) Incorrect
information being conveyed.
c) Infringements
have to be dealt with by no action.
d) Possible
wrong enforcement.
e) Delays
in placing the infringements onto the system.
f) Difficulties
in acquitting and accounting for payments when infringements not on system.
g) Statutory
declarations and court elections cannot be processed until infringements are on
system.
h) Increased
correspondence and complaints.
i) Unsuccessful
prosecution and awarding of costs against the issuing authority.
Some of the common errors detected daily are:
a) Client
Code or Client Edit Code not indicated or invalid. This affects the maintenance of statistics
and makes it difficult to trace infringement books for enquiry purposes.
b) Omitting
the time, day or date of offence - without this information the infringement
cannot be placed on system. This
information is also prima facie evidence for court. Do no use 24-hour clock time.
c) Incomplete
or illegible licence details. If this
occurs enforcement action may be instituted against the wrong person.
d) Unclear
and illegible handwriting. This
obviously can result in incorrect data being captured to the computer system
and the subsequent incorrect enforcement action.
In the event of an individual / offender making
a representation in relation to the issue of an infringement notice, the
following procedures will apply:
a) Immediately
upon receipt of representations by the State Debt Recovery Office (SDRO), the
maturity date of the offence will be extended.
If the client fails to make a decision within that period, the
infringement will automatically proceed to further enforcement action. Therefore it is very important clients treat
representations as a priority. SDRO send courtesy letters.
b) The
original representations will be sent by post to the nominated contact officer
of the client with a covering schedule.
c) An
infringement notice may be dealt with by deciding:
i) Penalty to Stand – if the infringement should remain.
ii) No Action – if there is some doubt as the correctness of the
infringement.
iii) Caution – if there are extenuating circumstances where leniency
may be considered. The guidelines
distributed by the SDRO should be used as a guide.
d) The
supervisor or Service Manager of Ranger Services is to ensure the appropriate
reply is made directly to the customer.
If the client has agreed to utilise the general or premium service then
the SDRO will send a reply.
e) The
covering schedule is to be completed with the decision and returned to the SDRO
by facsimile message. SDRO Fax number id (02) 4937 9122
f) Guidelines
for the handling of representations are available to the client’s contact
officer. The guidelines also include
suggested draft replies.
· All
tyres are to be crossed with chalk prior to issuing tickets
· Distances in metres
· Ped
Cross 5m approach side 1m departure
· Bus
stop 10m approach side 5m departure
· Post
box 1m approach side 1m departure
· Intersection
no lights 10m with tape measure
· Intersection
with lights 10m approach 10m departure
· Dividing
line 2.9m from double lines
What do you need for an offence!
1. A motor Vehicle
2. An offence
3. Signs clear and visible
4. A public Road
All vehicles issued a penalty notice are to be on
Ticket Parking
1. Time limit 10 minutes over expiry time.
2. Test machine with coin by placing money into slot and make sure it
registers then press cancel. Obtain test ticket then issue penalty notice to
vehicle.
3. If coin function works and credit card function does not a penalty
notice may still be issued
4. If both functions do not work Do Not Issue a Penalty Notice
5. If credit card function works and coins do not a penalty notice
may still be issued
6. All ticket parking areas will be chalked to ensure compliance.
7. No test ticket required for the offence Park After Ticket Expired
Loading Zones
All 4x4 vehicles: Are
classed the same as station wagons and allow 15 minutes, if time limit is
exceeded the offence will be Stop in loading Zone. If the expired time is over
the ½ hour limit you may issue a penalty notice for the offence of Stop in
Loading Zone longer than ½ hour
Vans, trucks and utes
are permitted to park in a loading zone for 30 minutes. If the expired time is
exceeded a penalty notice may be issued for the offence of Stop in Loading Zone
longer than ½ hour
Motorcycles with a
three wheeled assembly and a box attachment are allowed 15 minutes in a Loading
Zone.
Loading Zone Ticket
If a station wagon
displays a ticket for 30 mins a penalty notice is to be issued for Park Without
Loading Zone Ticket. The reason for this is that they should have
obtained/displayed a 15 min ticket issued from the machine
If a truck displays a
15 min ticket the tyre is to be chalked and 30 minutes are to be allowed before
a penalty notice is issued
Driveways
All vehicles parked
on/across driveways are to be actioned as per the offence in the Road Rules
2008. If the vehicle is parked not facing the property (On driveway) then the
path/strip offence is to apply.
Path / Strip
All offences are to be
recorded as follows -
Near side or N/S of vehicle
stood approx. _____metres N/S/E/W of the
N/S/E/W kerb alignment
facing N/S/E/W Vehicle stood wholly on path / strip
Or
Near side or N/S of vehicle
stood approx. _____metres N/S/E/W of the
N/S/E/W kerb alignment
facing N/S/E/W Vehicle stood with its 2 near side wheels on the path / strip
Contrary to a Restrictive Parking Control Sign
Vehicle stood wholly between
the No Stopping/ No Parking Sign and the intersection of __________ Street Road etc.
Near side or N/S of
vehicle stood approx. ______metres N/S/E/W of the N/S/E/W kerb alignment facing
N/S/E/W Vehicle stood double parked to Vehicle __________ (Record) who stood
close and parallel to the kerb.
Direction of travel
Near side or N/S of
vehicle stood approx. ______metres N/S/E/W of the N/S/E/W kerb alignment facing
N/S/E/W Vehicle stood facing oncoming traffic.
Intersection no lights
Front or Rear of
vehicle stood approx. ________metres (Must exceed 10 meters) N/S/E/W of the
intersection of _____________Street, Road etc. With No Traffic Lights, Facing
N/S/E/W
Post Box
Front or Rear of
vehicle stood approx. ________metres (Must be within 3 meters) N/S/E/W of the
Postal pillar box facing N/S/E/W.
Dividing Line
Near side or N/S of vehicle
stood approx ________metres (Must be within 3 meters) N/S/E/W of the dividing
line facing N/S/E/W.
Not parallel park near left
Near side or N/S of
vehicle stood approx ________metres N/S/E/W of the N/S/E/W kerb alignment
facing N/S/E/W
Bus Stop
Front / Rear of
vehicle stood approx _______metres N/S/E/W on the approach/ departure side
facing N/S/E/W
Works Zones
Only issue penalty
notice if you receive a complaint from the foreman/ leading hand or manager of
work site. Obtain that persons name and details.
Taxi Zone
Only taxi cabs are permitted
to park in sign posted taxi zone. If a taxi is parked and unattended a penalty
notice may be issued.
Mail Zone
Australia Post contractors and Australian Aust post vehicles are
permitted to stop/park in a mail zone. All other vehicles detected in a mail
zone may be issued a penalty notice.
Post box
People can pick up, drop
off, or deposit mail in pillar box.
Misc
If you are passing
another officer/s rostered beat and you observe a red sign offence you are to
record and issue a penalty notice to that vehicle. Please ensure that you place
a chalk mark cross on the tyre and advise the officer/s on that beat of your
actions by two way radio.
10 mins for morning
tea and 1 hour for lunch
All officers are to
perform a radio check in the morning to ensure radio is in good working
condition
Senior staff are to
ensure that they instruct/check new staff (Trainee’s) notebooks are up to date
and signed off daily. Supervisor are to check officer notebooks on a weekly
basis.
Layout of notebook
Eg:
Date
On Duty
Lunch
Duty 2-3
Stats 23
Partner Alane
Seen (signed by trainer
daily). Supervisor weekly.
Check list before going out on the road
Infringement book
(Ensure adequate number of notices), test coins, chalk, radio, water, reflective
vest, hat, official notebook, tape measure, name badge, work phone, spare pen,
torch if at night, first aid kit, authority and apply sunscreen.
If you are in a council
vehicle and observe an illegally parked vehicle and can not stop/legally park
you may post the penalty notice
Whilst walking on a rostered
beat and you observe an illegally parked vehicle, you are to approach the motorist
and request they move on. A penalty notice may still be issued.
Vehicles observed illegally
parked in school zones are to attract a penalty deterrent