Library Act and Regulation
Public libraries in NSW are managed by local authorities (councils) that have adopted the Library Act 1939.
The Library Act was passed on 3 November 1939. This landmark law encouraged local governments to establish free public libraries for their citizens through the provision of financial subsidies and assistance from the State.
The Library Act 1939 and the Library Regulation 2018 are the key pieces of legislation that govern the provision of public library services in NSW.
Library Act 1939
The Library Act provides authority for the Library Council of NSW to promote, provide and maintain library services for the people of NSW through the State Library in cooperation with local (public) libraries. The Act also outlines the services that must be provided by local libraries.
Local authorities that have adopted the Library Act are eligible for a subsidy administered by the Library Council of NSW through the State Library. Libraries that provide services in accordance with the Act are eligible for this funding from the State Government. Local libraries receive subsidies and grants approved by the Minister for the Arts on the recommendation of the Library Council of NSW.
Key sections of the Library Act for public libraries
The information below provides a commentary on the relevant sections of the Library Act as it relates to public libraries.
- Part 2 The Library Council of New South Wales
Section/s Commentary s3 + 4A Section 3 creates the Library Council of NSW and section 4A the objectives:
- to promote, provide and maintain library services and information services for the people of New South Wales through the State Library and through co-operation with local libraries and other libraries and information agencies,
- to advise the Minister, local authorities and, when the Minister so approves, other bodies, on matters of policy and administration relating to library services and information services that are or may be provided through local libraries or other libraries,
- to advise the Minister on the provision of assistance to local libraries or other libraries.
s4B(9) This section enables Library Council to establish committees for the purpose of assisting it to exercise and perform its powers, duties and functions.
The Public Libraries Consultative Committee is a committee of the Library Council of New South Wales. The committee provides policy advice to Library Council and acts as a consultative framework for key public library stakeholders in NSW.
s5 This section sets out the duties of Library Council with regards to public libraries provided by local authorities that have adopted the Act (e.g. make careful inquiry into the administration and management of every local library, cause libraries to be inspected from time to time, to report to the Minister the funds required to provide to local authorities each year).
The State Library of NSW assists the Library Council discharge these duties through the annual collection of NSW public library statistics and financial information, and through library visits and consultancies.
- Part 3 Local libraries
Section/s Commentary s8 This section sets out how local authorities adopt or revoke the adoption of the Act.
Section 8(2) sets out that revocation of adoption may only occur after a poll of electors.
Section 8(4) section sets out that where a local authority revokes the adoption of the Act, an adjustment shall be made in the interests of the Crown in any property that has been contributed to by subsidies paid under the Act. Adjustments payable would be worked out by the local authority and Library Council. If an agreement cannot be reached, the Governor will decide.
s10 This section sets out requirements that local authorities must comply with in the operation of a public library (e.g. free membership, free loans, free access to information, subsidy must be expended on free services).
See below for further information about Section 10.
s11 This section provides that a local authority may constitute a library committee to manage or provide the library service, or to advise on an aspect of the library service. s12 This section sets out how councils may constitute a regional or joint library service across more than one council area. s12A This section enables councils that wish to operate regional library services using alternative arrangements to propose the arrangements that suit their situation. Such proposals need to be approved by the Minister for the Arts with the agreement of the Minister of Local Government.
See below for further information about Section 12A.
s13 This section sets out eligibility for subsidy and how subsidy is payable.
Once a local authority adopts the Act and operates a library service that complies with the Act, the local authority is eligible for State Government funding assistance, including subsidy pursuant to section 13. All NSW local authorities have adopted the Act.
s13(3) This section states that Library Council must be of the opinion that a local library is reasonably capable of meeting the requirements of persons resident in the area before recommending the allocation of subsidy to the relevant local authority. The activities described under s5 are one way that the State Library makes this determination and recommendation to the Library Council.
When did your library adopt the Library Act?
Use the tables to find out when your council adopted the Act and opened a library.
The tables lists the dates that each NSW council adopted the Library Act and then opened a public library. Some councils and shires have changed since 1939. Councils are listed as they were known at the time of adopting the Act and annotated to show council name changes.
Section 10
Section 10 of the Library Act 1939 sets out requirements that local authorities (councils) must comply with in the operation of a public library. These requirements are:
- free membership
- free access
- free loans
- free delivery
- free basic reference service
The information below provides commentary on section 10 of the Library Act to assist councils in complying with these requirements. s10(1)(c) Free loans of certain library material to members
- Free membership
S10(1)(b) Residents and ratepayers entitled to free membership
Any person who is a resident of the area of the local authority or a ratepayer of the local authority is entitled to membership of the Library free of charge.
The intention of this provision is to ensure that membership of the library for residents and ratepayers is provided free.
Free membership is membership of a local authority library, including if required, provision of a library card for residents of that local authority's area and for residents of other local authorities who are signatories to Reciprocal Membership Agreements. Reciprocal membership is enabled by s10(3) of the Act.
- Free access
s10(1)(b) Free access to certain materials on library premises
Any person (whether or not a member of the library) is entitled free of charge to access to any library material of the library and any information forming part of the information service of the library (other than information excepted from free access by guidelines issued by the Council) for use on the library premises.
The intention of this provision is to ensure that no charge is made for the use of library materials or access to the information services of the library by any person on the library premises, other than information excepted from free access by guidelines issued by the Library Council of NSW.
The Library Act 1939 s(2) defines library material:
Library material includes book, periodical, newspaper and any other printed matter and also includes map, music, manuscript, picture, photographic plate and film and any other matter or thing on or by which words, sounds or images are recorded or reproduced.
This definition includes electronic publications and information that is accessible via the internet. It means that members of the public can enter a public library and access information, regardless of its format, free of charge (other than information excepted from free access by guidelines issued by the Library Council of NSW).
"Information service" is "personal assistance provided by members of the reference staff to library users in pursuit of information. Synonymous with reference service". (The ALA Glossary of Library and Information Science, ALA, 1983.)
See commentary on Free basic reference services for discussion of information/reference services.
- Free loans
s10(1)(c) Free loans of certain library material to members
Any person who is a member of the library is entitled to borrow free of charge from the library for use away from the library premises any library material of the library which has been classified by the librarian of the library as being of literary, informative, or educational value or as being fiction.
The intention of this provision is to ensure that residents and ratepayers can borrow free of charge any materials which have been classified by the librarian as loan material which has literary, informative, or educational value and fiction materials (including large print and other special format fiction materials).
The term 'classified by the librarian of the library' acknowledges that librarians within individual local authorities have responsibility for determining what constitutes educational and informative material. For the purposes of this provision, the librarian of the library must classify loan materials as being of literary, informative or educational value.
It is intended that librarians will take account of the need to provide for the development of literacy skills of adults and children with special needs.
It is unlikely that local public libraries will develop significant collections of materials which have no literary, informative or educational merit.
Fiction includes all novels, prose and short stories and includes large print and other special format fiction materials.
This provision is about items being loaned for free, not that all items must be available for loan. The discretion of whether items are classified not for loan is with the librarian – s10(2).
Section 10(2) sets out that library materials classified as reference by the librarian may be deemed not for loan.
- Free delivery
s10(1)(d) Free delivery to sick or disabled members
No charge is to be made for the delivery to a member of the library of any book or information that the member is entitled to borrow free of charge if the member for reasons of ill-health or disability cannot reasonably be expected to attend the library in person.
This section relates to services currently known as "housebound" or "home library" services.
The intention of this provision is to ensure that no charge is levied where the local library provides a delivery service to members of the library who by reason of sickness or disability are unable to attend the library.
Each local authority may determine whether to provide such a service and the extent of the geographic area served by its delivery service where such services are provided.
These guidelines do not prescribe that a local library requires medical certification of disability by individuals who request delivery of library materials or information. The option to request such certification is available to local public libraries.
- Free basic reference service
s10(1)(e) Free basic reference services to members
Any person who is a member of the library is entitled to be provided free of charge with basic reference services (being any service classified by guidelines issued by the Council as a basic reference service), including assistance in locating information and sources of information.
It is the intention of this provision to ensure that public libraries make provision for free basic reference or information services.
Note: "Information service" and "reference service" are synonymous for the purposes of the guidelines.
Basic reference/information services which are to be provided free include:
- provision of independent access to reference materials for persons who seek such information from the library including assistance in identifying and locating library materials (by any appropriate means) within the library or from other sources.
- provision of assistance by library staff in identifying, retrieving, and making available, relevant information (by any appropriate means) in response to requests for information by library clients.
Reference/information services which may, at the discretion of the local authority, attract a charge include in-depth reference/information searches at the request of an individual library user.
The criteria for determining whether a reference or information search is in-depth include an assessment of:
- the extent of the search
- the level of staff interaction
- the cost incurred
- the level of analysis of the information
- the amount of repackaging or formatting (e.g., preparation of a summary or a report)
- the method of delivery.
Download guideline
Section 12
Section 12 of the Library Act 1939 enables councils to agree to provide library services regionally, that is across more than one council area. Such arrangements are termed "regional libraries". The Act was amended in 2011 to insert a new section 12A Other arrangements relating to local libraries.
Prior to the amendment, councils entering into such arrangements needed to adopt an executive council model as detailed in Section 12(1) or (12)2 of the Act. This involved one council accepting the responsibility for the management and provision of the library (or an aspect of the library service) on behalf of the other council or councils. The other council or councils also needed to delegate their library management to the executive council.
Section 12 had generally operated well, but it was considered more restrictive than the Local Government Act 1993, given that councils are able to operate other types of services under alternative arrangements in a more cooperative way under that Act.
Section 12A
Section 12A enables councils that wish to operate regional library services using alternative arrangements to propose the arrangements that suit their situation.
Such proposals need to be approved by the Minister for the Arts with the agreement of the Minister for Local Government. This will ensure that alternative arrangements for regional libraries meet the Library Act and the Local Government Act requirements and Government policies.
Note: The existing executive models are still available under s12 (1) and (2), and do not require Ministerial approval.
A proposal for alternative arrangements under Section 12A is triggered by two or more councils. No council is required to enter into arrangements under section 12A.
Participating councils will need to propose the new arrangements that work best for them. Arrangements will need to be consistent with the Library Act and with the State’s policies for local government. The approval processes will ensure this.
Arrangements under section 12A may relate to libraries, library services, information services OR an aspect of libraries, library services or information services.
It is intended that the Library Council of NSW will advise on proposed alternative arrangements prior to consideration by the Minister for the Arts.
The key issues for the Library Council in advising the Minister will be ensuring any proposed alternative arrangements meet the requirements for public libraries under the Library Act and will result in a sustainable library service that meets the needs of library users.
Library Regulation 2018
The Library Regulation 2018 outlines the conduct of users, determination of populations for funding purposes and the authority of local councils to make rules for use of their library.
The regulation enables a council to make rules to regulate use of its public library including member registration and loans. It also provides a power to direct library users to leave if the rules for proper use of a library have not been observed. The regulation sets out the amount used for the purposes of calculating the yearly subsidy payable to councils in respect of library services and related facilities provided by those councils and how local populations are determined.
Key sections/clauses of the Library Regulation for public libraries
The information below provides a commentary on the relevant sections of the Library Regulation as it relates to public libraries.
- Part 2 Management of libraries
Clause Commentary cl 5 This clause deals with the registration of borrowers. It sets out that the procedure for registration, including the term of registration, is to be determined by the local authority. It also details the conditions under which a library may refuse to register a person as a borrower at a library or may cancel a person’s registration as a borrower.
Only a person who is registered as a borrower at a local library may take library material away from that library.
cl 6 This clause sets out that a local authority (council) may make rules to regulate the use of its libraries. These rules may cover the borrowing and returning of library material, the charges to be imposed for library material that is returned late and for library material that is lost, damaged, or destroyed, and any other matters relating to the use of the library.
It is a condition of a person’s registration as a borrower at a local library that the person must comply with the library rules in force for the library.
cl 7 This clause deals with calculating the value of library material and the maximum charge that may be imposed by the rules for a local library for library material that is lost, damaged or destroyed. cl 8 This clause sets out that a fee for the late return of library material may not exceed $50 per item of library material. - Part 3 Uses of libraries and library material
Clause Commentary cl 10 This clause allows libraries to give notice to users of the library that certain library material is unsuitable for reproduction. cl 11 This clause sets out that damaging library material or equipment is prohibited. A person must not damage, deface or improperly interfere with any library material of a library or any equipment provided by a library for the purposes of accessing library material. cl 12 This clause sets out that deliberate misplacing or hiding library material is prohibited. cl 13 This clause deals with noise in a library. cl 14 This clause details the proper use of a library. A person must not, without the consent of the governing body for the library, use a library for a purpose other than reading, consulting or borrowing the library material of the library or for any other library service or information service. cl 15 This clause sets out that a person must not eat or drink in a library except for in those parts of the premises set aside for that purpose by the governing body for the library. cl 16 This clause details that a person must not take an animal into a library or leave an animal in the library unless the person has the consent of the governing body for the library. This does not prohibit a person with a disability from taking an assistance animal into a library.
Note that assistance animal means an animal referred to in section 9 of the Disability Discrimination Act 1992 of the Commonwealth.
cl 17 This clause sets out how a library staff member may direct a person to leave the library and not re-enter the library for such period as the staff member directs. The period for which a person may be excluded from a library by such a direction must not exceed the maximum period determined by the governing body of the library. - Part 4 Miscellaneous (Per capita subsidy funding)
Clause Commentary cl 18 This clause outlines the amount of per capita subsidy funding a council receives from the NSW government.
The current amount is $2.85
cl 19 This clause defines how local population figures are determined for subsidy purposes.