• Section 1 - Purpose
• Scope
• Section 2 - Policy
• Principles and requirements for use of University Land
• Requirements for protest activities on University Land
• Roles and Responsibilities
• Conditions of Land Use
• Complaints or concerns
• Policy Breaches
• Section 3 - Procedures
• Section 4 - Guidelines
• Section 5 - Definitions

Section 1 - Purpose

(1) This Policy:

1. recognises that the community expects the conduct of all people on or using University Land to be safe and respectful and that the University should take a proactive role in ensuring the safety and wellbeing of the University Community and the broader community; and
2. describes University decision making about the lawful use of University Land and reasonable instructions and outlines the principles that support Macquarie University in providing a safe, secure and well-functioning campus environment for members of the University Community.

Scope

(2) This Policy applies to:

1. Staff;
2. Students and Affiliated Student Groups;
3. Affiliates;
4. Controlled Entities; and
5. Members of the public who come onto University Land.
    

(3) Nothing in this Policy restricts or limits authorised industrial action under the Fair Work Act.

Section 2 - Policy

Principles and requirements for use of University Land

(4) Macquarie University (the University) acknowledges the Traditional Custodians of the land on which the University is situated, the Wallumattagal people of the Dharug Nation. We pay our respects to Elders past and present, to the ancestors and their knowledges, which are embodied within and throughout Country.

(5) The safety of students, staff and visitors is the utmost priority of the University. The University is therefore committed to the safety and wellbeing of the University Community and visitors and to the lawful use of University Land, including the Wallumattagal (North Ryde) campus, Sydney City campus and all University controlled buildings, facilities, places and equipment.

(6) The University wishes to maintain a vibrant and welcoming environment for the University Community and is committed to lawful freedom of speech and academic freedom (Refer Freedom of Speech and Academic Freedom Policy).

(7) The University is committed to ensuring members of the University Community may undertake their teaching, studies, research, professional duties and engagement in campus life without unreasonable interference.

(8) The Work Health and Safety Policy outlines the University’s principles and practices of Work Health and Safety to ensure the security of its Students, Staff and other members of the University Community. The Work Health and Safety Act 2011 (the WHS Act) requires the University to ensure so far as is reasonably practicable the health and safety of workers and other persons.

(9) All members of the University Community and visitors to the University have obligations under the WHS Act to:

1. take reasonable care for their own health and safety;
2. take reasonable care that their acts or omissions do not adversely affect the health and safety of others; and
3. comply, so far as they are reasonably able, with any reasonable instruction that is given by the University or Campus Security to comply with this legislation.

(10) The University will act immediately to ensure it meets its obligations under the WHS Act.

(11) The University categorically rejects all forms of hate speech, including racism (e.g. towards First Nations People and antisemitism), homophobia, intolerance, Islamophobia, and sexism. Any form of unlawful discrimination, bullying and/or harassment will not be tolerated by the University per the Discrimination, Bullying and Harassment Prevention Policy.

(12) Actions that adversely impact the University’s learning and teaching objectives are not permitted. Such behaviour includes the creation of excessive noise, offensive or intimidating conduct or language (whether written or verbal), interference with studies, research or exams and the blocking of access to buildings and pathways.

(13) The University provides a variety of inclusive facilities and services designed to enhance the campus environment. The University Community has the right to access these freely and service providers (including retailers and others with rights of use) have the right to conduct their business without unreasonable disruption.

(14) The University has stewardship over University Land and is required to manage its land and property consistent with all legislative obligations. Some areas of University Land may be subject to controlled access and unauthorised persons may be prohibited from entry or use of such land.

(15) Unauthorised extended stays (such as staying overnight or camping) on University Land are prohibited because staying on University Land:

1. may breach laws relating to use, planning, building and safety, and
2. present unacceptable risks to the safety of the University Community and visitors.

Requirements for protest activities on University Land

(16) The University will determine how it must balance safety and wellbeing, the acceptable use of University Land, the lawful exercise of freedom of speech and academic freedom entitlements with the University’s legal obligations and the need to maintain appropriate University operations and functions. To ensure this balance is achieved any entity, person or group proposing to conduct or coordinate protest activity on University Land must give a notice that meets all of the following criteria not less than 2 working days before any protest activity commences:

1. the notice must be provided in writing to campussecurity@mq.edu.au;
2. the notice must identify a person as the contact person for the duration of the protest activity (Representative);
3. the notice must provide the mobile telephone number of the Representative and other contact information reasonably required by the University or any authority (such as the Police); and
4. the notice must adequately describe the nature of the protest activity and the location or locations at which the protest activity is proposed to take place so the University may assess potential risks and issues that must be addressed to ensure compliance with this Policy.

(17) Following receipt of a notice and before any proposed protest activity may commence, Campus Security (and/or nominees) and the Representative must promptly discuss the proposed protest activity. Campus Security is responsible for identifying reasonable and proportionate security measures following an assessment of safety and wellbeing risks.

(18) The University will set out its reasonable requirements for the carrying out of any protest activity consistent with the requirements of this Policy (such as permitted locations, use of facilities and will otherwise determine the time and location of proposed protests and demonstrations to minimise disruption to usual operations and activities).

Roles and Responsibilities

(19) University Community members and visitors are required to assist Campus Security as instructed to ensure their safety, the safety of others and the protection of University Land including by:

1. taking reasonable care of their own health and safety and having due regard to the safety of others; and
2. complying with reasonable instructions from the University.

(20) Campus Security is responsible for the University’s security operations and is the first point of contact for any activity on University Land and an emergency. Campus Security may engage with the NSW Police and other relevant State or Government agencies, as required to ensure compliance with this Policy.

Conditions of Land Use

(21) The safety and security of Students, Staff and visitors is of paramount importance to the University. The University will act immediately to ensure it meets its obligations under the WHS Act. All persons accessing or using University Land must comply with the University’s directions in relation to safety and wellbeing.

(22) The University has the control and management of the land and property vested in the University in accordance with the Macquarie University Act.

(23) Protest activity must comply with the requirements of this Policy and must remain orderly and peaceful.

(24) The Inclosed Lands Protection Act 1901 (NSW)(ILP Act) is applicable to University Land. Instructions from Campus Security will be made with relation to acceptable use of University Land, unlawful entry, providing identification and Unlawful Conduct on campus in accordance with this Act.

(25) University Land is subject to the Summary Offences Act 1988 and the obstruction of the movement of people or vehicle access (e.g. emergency vehicles) on University Land without reasonable cause is an offence under this Act.

(26) The Facilities Usage Policy describes the University’s expectations of Students, Staff and authorised visitors when using University rooms and spaces. The Facilities Hire Policy outlines the terms and conditions which allow invited and external visitors to utilise the University’s facilities.

(27) The Posters and Advertisements Guideline provides guidance around the management of advertising posters, banners and other display material on campus, including chalking. Material which is deemed offensive to the public will be removed at the cost of the originator.

(28) The University is committed to following the Australian National Flag Protocols. Typically, only the Australian National Flag, the State Flag of New South Wales, the Australian Aboriginal Flag, the Torres Strait Islander Flag and the Macquarie University flag are to be displayed on University flagpoles, including during graduation ceremonies.

(29) The University reserves the right to remove from University grounds and/or property any flags, ensigns, or pennants that are unlawful or that it deems offensive or which may constitute a breach of the Student Code of Conduct, Staff Code of Conduct, the Discrimination, Bullying and Harassment Prevention Policy, or other University directive.

(30) Unauthorised activities are strictly prohibited on campus. The Smoking on Campus Policy, Alcohol and Drug Policy and Weapons on Campus Procedure provide detail around regulated activities on campus.

Complaints or concerns

(31) If a staff member has a complaint or concern arising from decisions made under, or through the operation of this Policy, they may be made per the Complaint Management Procedure for Staff.

(32) If a student or member of the public has a complaint or concern arising from decisions made under, or through the operation of this Policy, they may be made per the Complaints Resolution Procedure for Students and Members of the Public.

Policy Breaches

(33) Breaches of this Policy by members of the University Community will be managed in accordance with the applicable provisions of the Student Code of Conduct, Student Conduct Rule, Student Conduct Procedure , Staff Code of Conduct and other relevant Policy instruments. The University will work with Police and regulatory authorities as appropriate to ensure that the objectives of this Policy and the University’s legal obligations are not put at risk by the use of University Land by any person.

(34) Any protest activity that commences without first complying with clauses 16 to 18 or that breaches this Policy is unauthorised activity and may not occur on University Land. The University may immediately take action to bring the protest to an end in order to protect any person, ensure the University does not breach any law, or to protect University Land or property. The action the University may take includes issuing directions and notices to any person to leave University Land, involving the Police as required or commencing legal proceedings.

Section 3 - Procedures

(35) Nil.

Section 4 - Guidelines

(36) Nil.

Section 5 - Definitions

(37) The following definitions apply for the purposes of this Policy:

1. Affiliate means a person holding an Honorary title with the University, contractors and volunteers working for the University.
2. Controlled Entity has the same meaning as set out in section 2.2 of the Government Sector Finance Act 2018.
3. Unlawful Conduct has the same meaning as offensive conduct as defined in Section 4 of the Summary Offences Act 1988 (NSW).
4. Staff means all persons employed by the University, including continuing, fixed term, and casual Staff members.
5. Student means a person enrolled in a program or unit of study provided by the University including a person in a pathway program, an undergraduate or postgraduate program, a cotutelle program, or a visiting student.
6. University Community means Staff, Students and Affiliates of the University and its Controlled Entities.
7. University Land (Land/s) refers to all land and other property over which the University has vested control and management. See Section 18 of the Macquarie University Act and Macquarie University By-law 2005.