Work Instruction City Services - Entering Private Properties Document No: Approval Date: Approved By: 25/07/2012 Executive Management Team N/A 01 Review Date: Responsible Officer: Version No: City Services Managers Authorising Officer General Manager, City Services – Manager Infrastructure, Operations & Waste – Manager Parks & Support Services 1 PURPOSE The purpose of this Works Instruction is to clearly outline the rights and responsibilities of City Services Staff who are required to access private property to undertake inspections or carry out maintenance works. 2 SCOPE This procedure applies to any employee or contractor that requires entry to private property within the City of Greater Geelong’s boundaries to carry out work duties. 3 REFERENCES. Local Government Act 1989 The Victorian Charter of Human Rights and Responsibilities 2007 Information Privacy Procedure City of Greater Geelong Occupational Health & Safety Policy PPE Procedure Asbestos Procedure Manual Handling Procedure Working at Heights Procedure Confined Spaces Procedure Hazardous Substances & Dangerous Goods Procedure 4 DEFINITIONS “Privacy” Freedom from intrusion or public attention. “Private Property” means a privately owned dwelling, building, structure and/or land. “Property Owner and/or Occupier” is defined as the ratepayer/s, title owner/s and/or tenant/s occupying or having control of the property under an agreement/lease. 5 PROCEDURE DESCRIPTION 5.1 Permission from Occupier To define the procedure for entering private property with, the occupier’s permission. An authorised person may enter private property that is not closed to entry by the public (by a locked gate, for example), in order to ask the occupier of the property for permission to stay on the property and exercise powers under the Local Government Act 1989. When asking the occupier for permission, the authorised person must inform the occupier: Of the purpose of entering the property. That the occupier is not obliged to give permission. If the occupier gives permission the authorised person will ask the occupier to sign an Authorisation To Gain Access To Private Property form (Attachment1) that confirms that the occupier has given permission. If the occupier gives permission over the phone (which can happen in most cases) an Authorisation “To Gain Access to Private Property” form must be filled out and kept as a record. The document must state: 5.2 That the authorised person informed the occupier of the purpose of entering the property including an estimated timeframe for works. The occupier of the property must be made aware of the type of equipment (if any) that will be used to carry out works. The occupier must be made aware of any other personal entering their property eg; contractor’s. (Stating details of the contractor) The occupier must be made aware if any alterations are required to access council’s asset (if so this must be agreed to in writing) The owner/occupier must ensure animals are restrained or managed during period of works Emergency Access To define the procedure for entering private property in a potentially dangerous situation to take urgent action for local government purposes. An authorised person may enter private property that is not closed to entry by the public (by a locked gate, for example), at any time without the permission of the occupier of the property in a potentially dangerous situation to take urgent action for local government purposes. For example City Services staff worker may enter a property to attend to a storm damaged tree that is in danger of falling and injuring a member of the public or damaging property. D:\106736259.doc Page 2 of 8 5.3 City Services Staff Identification Council must provide Staff with an identity card. If a staff member leaves the organisation that member must return their identity card immediately. 6 Procedure Instructions 6.1 City Services Staff 6.1.1 The employee shall attempt to contact property owners and/or occupiers prior to entering their property in order to seek permission for entry. Employee’s supervisors shall ensure that advance written notice is provided where legislative requirements exist and circumstance allow. (See attachment 1) 6.1.2 The employee shall not enter private property that is used primarily for residential purposes except between 8 am to 5 pm, excluding weekends and public holidays, without prior consent by the property owner and/or occupier. 6.1.3 The employee shall determine if the property owner/occupier is present and inform them of the purpose of his/her visit. Where the property owner/occupier is not present employees shall carry out their duties and leave advice in writing prior to departing from the property. Employees must contact supervisor prior to entering property via twoway or mobile phone where provided. 6.1.4 The employee shall always carry out their duties in a courteous and professional manner. To ensure that: entry to private property is for specific purposes related to Council services. as little inconvenience as possible is caused to the property owner and/or occupier. any items brought onto the private property are removed prior to departure. the property is left in the condition in which he/she found it. 6.1.5 Employees shall cooperate as much as possible with the property owner/occupier. 6.1.6 Employees will offer the property owners/occupiers the opportunity to accompany them during the visit. 6.1.7 Employees required to enter private property are responsible to ensure they display to the property owner/occupier their authorised photo identification. 6.1.8 Employees will not stay on the private property for any longer than is reasonably necessary. D:\106736259.doc Page 3 of 8 6.1.9 Employees instructed to leave the property by the property owner/occupier will do so immediately. If works have commenced close down works and make safe, remove tools and leave even if prior approval for the visit was in place. Failure to comply with this Instruction may result in disciplinary action. 6.1.10 In the event owners and/or occupiers refuse employees property access property, the employees must then leave immediately and contact their supervisor. Under no circumstances are the employees to enter into any further discussion with the owners and/or occupiers. 6.1.11 All access gates must remain closed at all times while working within the properties. 6.1.12 In the case of Garden beds, sheds or structures located over the top of Council assets, the supervisor needs to be contacted and the Occupier consulted with prior to commencement of works (this must be placed in writing and signed by both parties). 6.1.13 If any fences are removed to gain access they are to be reinstated to their original state on completion of days work. Before and after photos are required to be taken by the immediate supervisor. 6.1.14 If the property owner/occupiers were not able to be contacted prior to entering their property in order to seek permission for entry. The staff member shall ensure that written notice is provided to the property owners and/or occupiers prior to departing from the property. 6.1.15 Central Records is responsible for retaining all documentation associated with entry to private property in accordance with the Local Government Records Management Disposal Schedule. 6.2 Supervisors 6.2.1 The supervisor shall ensure that advance written notice is provided to the property owners and/or occupiers where legislative requirements exist and circumstance allow by completing the Authorisation To Gain Access To Private Property form and forward it to the Technical Works Officer at the Anakie Road Depot 6.2.2 If the occupier gives permission over the phone (which can happen in most cases) the supervisor will fill out the Authorisation To Gain Access To Private Property form and forward it to the Technical Works Officer at the Anakie Road Depot 6.2.3 If the property owner/occupiers were not able to be contacted prior to entering their property in order to seek permission for entry. The supervisor shall ensure that written notice is provided to the property owners and/or occupiers prior to departing from the property. 6.2.4 In the event owners and/or occupiers refuse employees property access property, the supervisor must then contact the owners and/or occupiers and advise that Council requires access to carry out D:\106736259.doc Page 4 of 8 inspections or works to council’s assets within their property as per the Local Government Act 1989. 6.2.5 The supervisor must, as soon as reasonably practicable: 6.2.5.1 Inform any occupier of the property of the reason for entering the property; and 6.2.5.2 Inform any occupier of the property that the staff are authorised under the Local Government Act 1989 to enter the property without the permission of the occupier; and 6.2.5.3 Produce an identity card for the occupier of the property to inspect and 6.2.5.4 Provide written notification (Authorisation To Gain Access To Private Property form) informing the resident they have entered the property on this date to perform these works &/or inspection. 6.2.5.5 Forward a copy of the Authorisation To Gain Access To Private Property form to the Technical Support Officer 6.3 Technical Support Officer 6.3.1 When a completed Authorisation To Gain Access To Private Property form is received the Technical Works Officer at the Anakie Road Depot will scan and register the document on Dataworks against the Property Index. 6.3.2 The Technical Support Officer will file the Authorisation To Gain Access To Private Property form in a binder in the Technical Support Officer’s office. 6.4 PRIVACY PRINCIPLES All employees, Councillors and contractors of the City of Greater Geelong are to comply with the Council Policy regarding Information Privacy, the Information Privacy Act 2000 and also the Health Records Act 2001. The City of Greater Geelong acknowledges and respects the individual property owner’s and/or occupier’s rights to privacy. To fulfill its obligations under federal and state legislation, there may be circumstances where Council employees require entry onto private property in order to carry out their duties. 6.5 OCCUPATION HEALTH & SAFETY The appropriate Personal Protective equipment must be worn at all times. A risk assessment must be carried out The correct Safe Works Method Statement must be followed. The Take Five process MUST be followed. D:\106736259.doc Page 5 of 8 7 Be aware of Children and members of the family around the work site. QUALITY RECORDS Quality Records shall be retained for at least the period shown below. Record Authorisation access form D:\106736259.doc to Retention/Disposal Retention Responsibility Period gain Technical Support 7 years Officer Page 6 of 8 Location Anakie Depot Road ATTACHMENT 1 Authorisation To Gain Access To Private Property This document is an agreement between the City of Greater Geelong staff & the property occupier of any given area. Name of Resident:……………………………………… Date:…………………………. Address/Location ……………………………………………………………………………………………….. ………………………………………………………………………………………………… Date of access ……………………… Purpose for gaining access to property: ………………………………………………………………………………………………… ………………………………………………………………………………………………… ………………………………………………………………………………………………… Estimated Time in: Time Out: ………………………………………………………………………………………………… Type of Equipment required (if any) ………………………………………………………………………………………………… ………………………………………………………………………………………………… Do any assets need to be moved to gain access? (If Yes, Please List) ………………………………………………………………………………………………… ……………………………………………………………………………………………….... Contractor required (please Circle) Yes No (if yes) Name of Contractor ………………………………………………………………………………………………… Authorisation given over the phone (please Circle) Yes No Date:…………………………………. Time:………………………………………….. City of Greater Geelong Representative Print Name………………………………………………… Print Name………………………………………………….. Signature …………………………………………………. D:\106736259.doc Occupier of Property Signature……………………………………………………. Page 7 of 8 D:\106736259.doc Page 8 of 8