Community Safety Officers and Local Laws

Community Safety Officers

Council’s Community Safety Officers undertake a number of duties regarding the enforcement and compliance with, but not limited to the Domestic Animals Act, Environment Protection Act, Country Fire Authority Act, the Impounding of Livestock Act and Council's Local Laws.

While the majority of their contact with the community may be focused around domestic animal management and livestock issues, Council’s Community Safety Officers may be able to offer advice on a wide range of community safety issues.

While Community Safety Officers are on call 24 hours a day, 7 days a week, outside of business hours their service is limited to emergency response, livestock out on Council roadsides and dog attacks.

For livestock out on Department of Transport and Planning roads (VicRoads) please call 13 11 70. 

Residents should refrain from calling and texting the Community Safety Officers on their mobile phones as these are not monitored afterhours or the officer may be on leave. To seek the services of a Community Safety Officer, please contact Council on 5220 7111.

Local Laws

The main objective of Golden Plains Shire Council’s Local Law is to protect the amenity of the Shire, and the health and safety of the community. Other councils have their own Local Laws.

The Local Law is available to read on the link below, with printed copies available on request at Council’s Customer Hubs as 2 Pope Street, Bannockburn and 19 Heales Street, Smythesdale.

Read the Local Law No. 1

Body Worn Camera Trial

Golden Plains Shire Council are currently trialling Body Worn Cameras (BWCs) for Authorised Officers. The purpose of this trial is to determine whether to introduce BWCs permanently with the goal to enhance transparency, accountability, and safety. 

Many Councils across Victoria have already introduced BWCs for Authorised Officers. Within Golden Plains Shire Council, BWCs will be used by officers in the Regulatory Services Department. 

The purpose of BWCs is to record interactions between Authorised Officers and the public. The goal is that BWC will provide multiple benefits such as: 

  • Accountability and transparency in enforcement activities, thereby promoting confidence in the Authorised Officers.
  • Facilitate a transparent and efficient process when assessing complaints made by the public following interactions with Authorised Officers.
  • Provide a layer of protection for authorises officers when engaging with the public and assist in de-escalating volatile interactions.
  • Improving the effectiveness of enforcement processes.
  • Objective evidence in legal proceedings.
  • Used as training for Authorised Officers. 

The trial will take place for three months. Evaluation of the trial will be ongoing. Any feedback from the public about the BWC is welcomed and you may provide such feedback by emailing [email protected] with BWC FEEDBACK in the subject line. 

If you believe an Authorised Officer has used a BWC inappropriately, please email [email protected]. You will be contacted within 7 days of your email, in accordance with Council’s Complaints Handling Procedure and your report will be investigated.

Frequently Asked Questions

When will BWCs be switched on? What will it be used for? 

The device is in the ‘pre-record mode’ at all times when on operational duty. Authorised Officers will be expected to activate the BWC before interactions with a member of the public, particularly those initiated by the Authorised Officers. This must be done in a way as to minimise and avoid intrusion to any person not involved in an interaction taking place.

During the trial, Authorised officers will not activate BWC if in a private residence, however, will do so on private land. BWCs will also be switched off if they enter a private residence. 

If a BWC has not initially been switched on, then Officers will activate in accordance with Council’s Interim BWC Procedure and in a broad range of circumstances, such as that they have a reasonable concern for their safety or welfare (or that of another person), they form the view that an occurrence of an occupational health and safety incident is imminent, or an incident is already taking place.

BWCs may also be used to investigate and gather evidence in respect of non-compliance of legislation or a local law that Council is the enforcement agency of.

BWCs may also be used to record interviews of an accused person if under caution.

Will I be told that the BWC is switched on?

Authorised Officers should inform anyone in the vicinity that they are being recorded and this would be captured by the BWC. There is screen on the front of the BWC showing the recording taking place, as well clear light indicator on the camera that highlights the camera is recording.

If an Authorised Officer however determines that it would be a safety risk to advise that the BWC is activated, then they may, at their discretion, choose to not notify of the recording taking place.

What happens with the footage? How long will it be stored for? Who can access the footage?

BWC data is downloaded and stored in a secure electronic location with strict controls. Access is restricted and it may only be accessed for defined purposes in accordance with Council’s Interim BWC Policy. Access to recorded data is subject to auditing. 

Council will ensure that its record keeping practices comply with the Public Records Office Standards for the management of public records, Public Records Office Specifications, and the Public Records Act 1973.

Recordings required for evidential purposes are marked accordingly and will be retained until determined whether they are used for enforcement action. This may be either for infringements or court action. If a recording is deemed to not be required for evidence, it will be automatically deleted from the system after 90 days. 

An evidential file which has been used for enforcement proceedings through the courts cannot be destroyed before a period of 27 years.

An evidential file used in enforcement proceedings external to courts (for example, by way of infringement or notices to comply) cannot be destroyed before a period of 27 years.

Third party access to the recorded data is restricted in accordance with Council’s Interim BWC Policy and only provided that to an external third party on the condition that the third party has an official role in investigating and/or prosecuting the incident or as authorised by privacy law. 

All data collected from the use of the BWCs is subject to the Freedom of Information Act 1982.

Golden Plains Shire Council considers that the responsible handling of personal information is a key aspect of democratic governance and is strongly committed to protecting an individual’s right to privacy.  Council will comply with the Information Privacy Principles as set out in the Privacy and Data Protection Act 2014 when storing, accessing, and sharing any data.

If I make a complaint about an Authorised Officer’s interaction with me, will the footage be used to investigate?

Complaints received from the public reviewed by the Authorised Officer’s supervisor to assist in determining the circumstances of the event subject to the complaint. 

Motorbikes and motorised recreational vehicles 

Golden Plains Shire Council’s Local Law No. 1 – General Public Amenity 2021 allows limited use of motorbikes and motorised recreational vehicles on private land, between the hours of 10am and 6pm only. These rules are in place to balance competing and different preferences of residents in the Shire.

When and where you can ride a Motorised Recreational Vehicle (MRV) on private land WITHOUT a permit:

Location

How many Motorised Recreational Vehicle/s?

Duration of Riding per day

General Residential Zone

MRV’s must not be used in this zone

MRV’s must not be used in this zone

Township Zone

Maximum of 2 MRV’s

One session per day for a maximum of one hour

Low Density Residential Zone

Maximum of 2 MRV’s

One session per day for a maximum of one hour

Rural Living Zone

Maximum of 2 MRV’s

One session per day for a maximum of two hours

Rural Conservation Zone

Maximum of 2 MRV’s

One session per day for a maximum of two hours

Rural Activity Zone

Maximum of 2 MRV’s

One session per day for a maximum of two hours

Farming Zone

Maximum of 4 MRV’s

One session per day for a maximum of two hours

Time starts running when the first rider begins to ride. Any breaks are counted towards the time permitted. Therefore, if one motorbike rider begins riding at 10am and the second rider begins 20 minutes later, the second rider will only be permitted to ride for 40 minutes. Riding must end at 11am and no further riding is permitted until the following day at 10am.

If riding occurs in a zone where two hours of riding is permitted, if the first rider begins at 10am, riding must end at 12pm and no further riding is permitted until the following day at 10am.

Riding outside the permitted times / longer than permitted period / more riders than are permitted

Riding motorbikes outside the above time periods, or more bikes at any given time, is an infringeable offence, subject to 3 penalty units, pursuant to Council’s Local Law No. 1. Council can also issue a Notice to Comply to require parties to remedy the breach. Breach of a Notice to Comply is also an infringeable offence, subject to 5 penalty units. At time of publication, one penalty unity is $192.31.

Tips on dealing with neighbourhood disputes about use of motorbikes on private property

Often it is lack of knowledge of the restrictions which causes persons to breach the Local Law pertaining to use of motorbikes.

It is generally best to speak directly with your neighbour about your concerns, before reporting to Council. In addition to that it is often lack of knowledge that causes the behaviour, often the other person is also not aware of that their riding is impacting on others and is a source of irritation.

Keeping the conversation low key and pleasant with your neighbour, explaining the impact on you and proposing a way forward that may be satisfactory to both parties is more likely to ensure you can continue a positive relationship with your neighbour. Council involvement can often stir up negative feelings, increase conflict and can destroy long-term relationships and a peaceful co-existence.

Consider whether you can work together so that you and your neighbour may both enjoy your homes. For example: Can they let you know that they are planning on riding at a particular day or time so that you can make alternative arrangements if the noise impacts on you, your family members or on your animals?

If talking does not resolve the issue

If talking to your neighbour does not resolve the issue, or the relationship with your neighbour is already acrimonious due to unrelated conflict, reporting the breach to Council is the next step. Council will contact the neighbour, discuss the complaint with them and make them aware of the applicable Local Law restrictions. Most of the time, this is sufficient to resolve the issue.

If your neighbour is continuing to breach Council’s Local Law you should let Council know. You will be informed about next steps, including a requirement to keep a noise diary to be submitted to Council.

Conflict resulting in aggression and/or threatening behaviour

If the matter causes conflict with your neighbour and your neighbour becomes aggressive and/or threatening you are advised to call 000 if there is an immediate risk.

If your neighbour is aggressive, but you do not feel that you are at immediate risk and do not think you need to call 000, you are advised to report this at your local police station. Council is not able to assist with conflict between neighbours of this nature, regardless of that the source of conflict pertains to Council’s Local Law. Council may work together with police to speak with your neighbour, at a time arranged with the local police officer.