Memorandum of Understanding
For
The Operation of Closed Circuit Television (CCTV) Cameras in Brunswick
Between
The State of Victoria, as represented by Victoria Police
and
The Moreland City Council
Table of Contents page iv
1. Definitions and Interpretation 1
1.1 Definitions 1
1.2 Interpretation 3
1.3 Headings 4
2. Term 4
3. No intention to create legal relations 4
4. Purpose of this MOU 4
5. Co-operation and consultation 4
6. Scope of the project 4
7. Objectives of the Parties under this MOU 4
8. Responsibilities of Both Parties and Governing Principles 5
9. Responsibilities of the Council 5
10. Responsibilities of Victoria Police 6
11. Representative 6
12. Human Rights 7
13. Images generated from the CCTV System 7
13.2 Procedures for access to images and recordings generated by CCTV System 7
13.3 Costs of copying 7
14. Monitoring of the CCTV System 7
15. Ownership 8
16. Training 8
17. Complaints 8
17.1 Public Complaints 8
17.2 Complaints regarding Victoria Police 9
18. Media enquiries 9
18.1 Media enquiries made to Victoria Police 9
18.2 Media enquiries made to the Council 9
18.3 Joint crime prevention operations 9
19. Exchange of Crime Trend Information 9
20. Liability 9
21. Confidentiality and Privacy 10
21.1 Confidentiality 10
21.2 Privacy 10
22. Data Security 10
23. Governance, Evaluation and Monitoring 11
23.2 CCTV Audit Committee 12
24. Notices 12
25. Review 13
26. Dispute and Dispute Resolution 13
26.1 Dispute Notice 13
26.2 Good Faith Discussions 13
26.3 Referral to Senior Officers 13
26.4 Failure of Discussions 13
26.5 Performance of Obligations 13
27. Termination 13
28. General 14
28.1 Entire Agreement 14
28.2 Variation 14
28.3 Counterparts 14
28.4 Time to Act 14
28.5 Compliance with Laws 14
Schedule 1 MOU Details 16
Schedule 2 CCTV System 18
Memorandum of Understanding between Victoria Police and Moreland City Council page 15
Memorandum of Understanding
Between
Victoria Police
of 637 Flinders Street, Docklands VIC 3008
(Victoria Police)
and
The Moreland City Council
of 90 Bell Street, Coburg Vic 3058
(Council)
Background
A. The Council and Victoria Police are desirous of working together to improve safety, and security, address crime and manage anti-social behaviour in Brunswick
B. The CCTV System will promote the utilisation of incident response, crime management, surveillance and other legitimate policing functions.
C. The Council has installed 9 CCTV Cameras to monitor the activities of the public at the location/s specified in Schedule 2.
D. Victoria Police has agreed to participate in the use of the CCTV System.
E. The Parties have agreed to enter this MOU on the terms and conditions outlined.
1. Definitions and Interpretation
1.1 Definitions
In this MOU unless the contrary intention appears, the following definitions will apply:
Business Day means a day that is not a Saturday, or a Sunday, or a public holiday appointed under the Public Holidays Act 1993 in Victoria;
CCTV Audit Committee means the committee established by the Council to uphold the integrity of the CCTV System.
CCTV Cameras means any cameras associated with a CCTV System.
CCTV System means any physical element of a CCTV System, consisting of several main assets, such as cameras, relay systems like cabling or radio antennas and video data storage, viewing and printing devices.
CCTV System Steering Committee means the committee established by the Council to oversee the operation of the CCTV System;
CLEDS Act means the Commissioner for Law Enforcement Data Security Act 2005;
CLEDs Standards mean the Standards for Victoria Police Law Enforcement Data security, established under the CLEDS Act;
CCTV Policies means policy, procedures, codes of practice and protocols developed by the Council in consultation with Victoria Police relating to the CCTV system.
Commencement Date means the date set out in Item 1 of Schedule 1;
Confidential Information means information (in whatever form) of a Party including but not limited to technical, scientific and financial information which comes into the possession of the other Party through intentional or unintentional disclosure, excluding information which:
(a) is or comes into the public domain other than by disclosure in breach of the terms of this MOU;
(b) is or becomes available to the recipient Party from a third party lawfully in possession of it and with the lawful power to disclose it to the recipient Party;
(c) is rightfully known by the recipient Party (as shown by its written record) prior to the date of disclosure to it under this MOU; or
(d) is independently developed by an employee of the recipient Party who has no knowledge of the disclosure made under this MOU;
Dispute Notice means a Notice of the existence of a dispute given by one Party to another Party or Parties in the circumstances set out in clause 26.1;
Government Agency means any government or any public, statutory, governmental, semi-governmental, local governmental or judicial body, entity or authority and includes a Minister of the Crown or the Commonwealth of Australia and any person, body, entity or authority exercising a power pursuant to an Act of Parliament;
Hardware and Software means hardware and software set out in Schedule 2;
Information Privacy Principles means the information privacy principles set out in the Information Privacy Act 2000 (Vic);
Law means the law in force in the State and the Commonwealth of Australia, including common law, legislation, regulations, by-laws and other subordinate legislation;
Law Enforcement Data means:
(a) any information obtained, received, or held by Victoria Police:
(i) for the purpose of one or more of its, or any other law enforcement agency’s, law enforcement functions or activities; or
(ii) for the enforcement of Laws relating to the confiscation of proceeds of crime; or
(iii) in connection with the conduct of proceedings commenced, or about to be commenced, in any court or tribunal; or
(iv) for the purposes of its community policing functions.
MOU means this Memorandum of Understanding as amended from time to time;
Notice means a written notice, demand, certification, process, consent, approval or other communication in the English language, given under this MOU as detailed in clause 24;
Party means a party to this MOU and Parties means any two or more of them;
Precinct means the area along Sydney Road between Brunswick Road and Stewart Street;
PTZ means pan, tilt, zoom;
Representative means the person occupying the title nominated by the Parties in Item 2 of Schedule 1;
Senior Officer means the person or persons nominated by the Parties in Item 3 of Schedule 1 or any other person or persons subsequently nominated by a Party;
State means the Crown in right of the State of Victoria; and
Term means the term of this MOU set out in clause 2 of this MOU.
1.2 Interpretation
In this MOU unless the context indicates to the contrary:
(a) words importing a gender include any other gender;
(b) words importing persons include a partnership and a body whether corporate or otherwise;
(c) words in the singular include the plural and words in the plural include the singular;
(d) words which are defined in the CLEDS Act have the same meaning in this MOU as in the CLEDS Act;
(e) reference to any statute or other legislation (whether primary or subordinate) is to a statute or other legislation of the Commonwealth and the State amended or replaced from time to time;
(f) where any word or phrase is given a defined meaning, any other part of speech or other grammatical form in respect of that word or phrase has a corresponding meaning;
(g) “includes” means includes without limitation;
(h) reference to a clause or schedule is a reference to a clause or schedule in or to this MOU;
(i) a schedule forms part of this MOU; and
(j) where a conflict or inconsistency arises between the terms and conditions contained in the clauses and any part of a schedule, the terms and conditions of the clauses prevail to the extent of the conflict or inconsistency.
1.3 Headings
Headings are for guidance only and do not affect the interpretation of this MOU.
2. Term
This MOU will commence on the Commencement Date and will remain in force until all obligations under the MOU are satisfied or the MOU is terminated under clause 27.
3. No intention to create legal relations
(a) Except for clauses 20, 21 and 22 this MOU is not intended to create legal relations or constitute a legally binding agreement between the Parties. However, the Parties agree to comply with all of its terms.
(b) For the purposes of clarity, the Parties agree that clauses 20, 21 and 22 are legally binding.
4. Purpose of this MOU
The purpose of this MOU is to detail the agreed understanding between the Parties for the operation, management, use and evaluation of the CCTV System.
5. Co-operation and consultation
(a) The Parties will exercise their rights and perform their obligations under this MOU in a co-operative, consultative and transparent manner.
(b) The Parties agree to work collaboratively, co-operatively and transparently with each other in performing their duties as detailed in this MOU.
6. Scope of the project
This MOU is related only to the management of the CCTV System within the Precinct. Other CCTV Systems operating within the Council are outside the scope of the MOU.
7. Objectives of the Parties under this MOU
The parties joint objectives include:-
§ To improve perceptions of safety throughout the City of Moreland, and
§ To gather evidence to support police prosecutions of crimes within the City of Moreland.
§ To gather evidence to support Council prosecutions of incidents within the City of Moreland.
8. Responsibilities of Both Parties and Governing Principles
(a) The Council’s and Victoria Police’s use of the CCTV System will be in accordance with the following principles:
· People are entitled to a reasonable expectation of privacy when in public places;
· The Parties as users of the CCTV System should act responsibly and consider the reasonable expectations of an individual’s privacy.
· The Council, as owner of the CCTV System, must take reasonable steps to inform people of the use of those devices;
· The Parties must only use the CCTV System for a legitimate purpose related to the objectives of the CCTV System;
· Reasonable steps must be taken to protect information gathered through public place surveillance from misuse or inappropriate disclosure; and
· The Parties, as users of the CCTV System, must be accessible to the public and must be known and accountable for its proper use.
(b) The Council and Victoria Police have joint responsibility for ensuring that the purpose of this MOU is fulfilled, and for ensuring compliance with objectives of the CCTV System and protection of the public interest.
(c) The Council and Victoria Police will co-operate to ensure the highest standards of rigorous and regular evaluation of the CCTV System to ensure the purpose of the MOU is fulfilled, the objectives are achieved and the principles are respected.
9. Responsibilities of the Council
Council accepts responsibility for:
(a) funding, installing, maintaining, repairing and replacing all assets and infrastructure associated with the CCTV System, including all Hardware and Software needed to operate, monitor and maintain the CCTV System;
(b) the ownership of the CCTV System infrastructure and all data generated by the system;
(c) exclusively licensing the use of the data generated by the CCTV System to Victoria Police for the purposes of this MOU (see Clause 10);
(d) determining CCTV Camera locations, in consultation with Victoria Police;
(e) notifying Victoria Police if it changes the location of any of the CCTV Cameras installed at the Precinct.
(f) scheduled and non scheduled maintenance costs relating to the CCTV System;
(g) responding to requests for CCTV System maintenance in a timely manner;
(h) establishing and providing support to the CCTV Audit Committee and the CCTV Steering Committee;
(i) undertaking regular and rigorous evaluation of the CCTV System;
(j) developing CCTV Policies in alignment with AS 4806.1-2006 - Closed Circuit Television (CCTV) - Management and Operation and as per the Council’s policy and procedural standards. These may include but are not limited to the following:
· administration/operation/maintenance of the system;
· staffing for the system, including roles and responsibilities;
· communication between parties;
· management and storage of Law Enforcement Data;
· release of Law Enforcement Data to statutory prosecuting bodies;
· release of information to the public and media;
· observation and incident management;
· complaint management;
· training of Council staff and Victoria Police Members.
10. Responsibilities of Victoria Police
Victoria Police accepts responsibility for:
(a) providing advice to the Council on preferred CCTV Camera locations based on available data;
(b) providing access to agreed data for the purposes of monitoring and evaluation and system probity;
(c) providing regular training to all relevant Victoria Police members around the operation of the CCTV System, including CCTV Policies;
(d) reporting CCTV System maintenance requests to the Council in a timely manner; and
(e) assisting the Council to develop CCTV Policies.
11. Representative
(a) For the purposes of ensuring a productive and efficient relationship between the Parties, each Party nominates a Representative in relation to all requests, queries, consents, approvals and complaints required or arising under or in connection with this MOU.
(b) The Parties acknowledge that their Representative is authorised to act as the agent of the Party in relation to the exercise by that Party of its rights, discretions and obligations under this MOU and that each Representative has full power and authority to act for and on behalf of and to bind the Party that it represents in relation to the exercise of those rights, discretions and obligations.
12. Human Rights
(a) The Parties acknowledge that they are bound by the Charter of Human Rights and Responsibilities Act 2006 with respect to any act done or practice engaged in by the Parties under or in connection with this MOU.