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10 October 2001
Ms Dagmar Schmidmaier
Secretary
Library Council of New South Wales
State Library of new South Wales
Macquarie Street
Sydney NSW 2000
Library Council of NSW Review of the Library Act 1939
Thank you for forwarding documentation relating to the Review of the NSW Library Act 1939.
A primary aim of the Australian Library and Information Association is to ensure that all Australians, regardless of their location and circumstances, have equitable access to analog and digital resources and information, and the skills to access and utilise these.
It therefore highly commends the Library Council on the consultation document Public library services in New South Wales: networking the community in the 21st century, on the intent of the changes proposed to the Library Act, and for its emphasis on the right of the community to access library resources freely, regardless of format.
These are consistent with the ALIA Statement on free library services to all.
Please find attached the Association's specific comments on the thirteen recommendations and nine questions.
Yours sincerely
Alan Bundy
President
Recommendations
ALIA makes the following comments:
- That the Library Council continue its development and support activities, in place of an inspectorial role
Agree. Most public libraries are managed now by professionals who recognise the importance of high levels of client service, infrastructure and of benchmarking. However, it is important to retain the role of the Library Council in maintaining standards.
- That the principle of entitlement to subsidy be retained
Agree. This is the only way that public libraries will continue to be funded as a partnership between state and local government and a minimum level of access to resources and information ensured. It is important that the access to subsidy is equitable, and that a mechanism is in place to prevent reductions over time in the real value of the subsidy.
- That a definition of State Government assistance be included to incorporate the range of means by which funding is available
Agree. This part of the Act was written in the 1940s and it is considered no longer necessary to set a minimum amount for local authorities to contribute to public libraries before being eligible for subsidy. However there needs to be an acknowledgement that library services must be maintained to certain standards for local authorities to receive State Government funding.
- That electronic publications be specified in the definition of 'library material'
Agree. It may be appropriate, however, that the Act is worded in such as way that it encompasses resources and formats yet to be developed, as well as existing ones not currently covered by the legislation.
- That the Act retain the principle of free access to basic reference services and extend this service to any person seeking a basic reference service on library premises.
Agree. This is in line with the definition of core services.
- That electronic access be included as a part of free access to information
Agree. This recognises that the provision of information should be free regardless of the way it is delivered to the client. There is a difference, however, between the provision of a mechanism for free access and free access to the content. If the Library Board sees a distinction, this could be clarified in the wording of the recommendation. Adequate information literacy is another user access and equity issue not outlined in the context of this recommendation.
- That the part of Section 10 requiring the classification of library material as being of 'literary, informative or educational value or as being a fiction monograph' in order for a member to borrow library materials free of charge be deleted.
Agree. This brings the free access to core services into line with other Australian States and international standards. Arbitrary classification of resources should not impede free access to them.
- That the transfer of materials between branches of a library service be provided free and not incur an administrative fee.
Agree. This is a cost for which the library service should be funded, and not passed on to the client, who has no control over the location of resources. Such a fee inhibits equitable access to resources, is a barrier to usage, and results in social exclusion.
- That clients are not charged handling fees, including ALIA fees, for interlibrary loans from the State Library and between New South Wales public libraries when these loans are provided free of charge.
Agree. The statement is incorrect in referring to 'ALIA fees'. This should be changed to reflect the new 'Australian ILRS Code'.
- That the free delivery of materials to members that are sick or have a disability be retained.
Agree. However the definition of 'sick' needs to be refined. It would be preferable to define these people as those who are unable to come to the library through frailty, disability or other physical limitation.
- That the part of Section 10 concerning the prohibition of certain commercial services be deleted, as the requirements of the Competition Principles Agreement are now in place.
Agree.
- That the part of Section 10 concerning the free ordering of books for library members be deleted.
Agree. Consistent with National Competition Policy.
- That the Act prescribe that New South Wales local authorities participating in cross-border library services are eligible for State Government assistance.
Agree.
Questions
The Review seeks input to nine questions, dealing with charges for value-added services, and regional libraries. Most of these are more suitable for response by public libraries and local authorities than by the Association. The following in-principle comments are, however, made:
- Should the requirement that a minimum amount be spent by local authorities on public libraries in order to be eligible to that entitlement be retained or deleted?
In the interest of providing quality library services to all in NSW, this provision should be retained and the minimum amount adjusted regularly.
- Should the funding formula for the payment of assistance be prescribed in a regulation, or by means of a Library Council guideline?
A Library Council guideline would be the most appropriate means to provide the flexibility needed for changing circumstances.
- Are there other methods for prescribing the funding formula that Library Council should consider?
There are many methods for prescribing the formula, but a Library Council guideline would be the most appropriate.
- Should reciprocal membership be included as a free service?
Yes. This is the situation in most states and territories. However, the Library Council could consider a form of subsidy for those library services experiencing a very high level of non-resident usage for which they are verifiably receiving no direct or indirect income. Attention is drawn to the undesirable situation in the City of Sydney, in particular, which charges non-residents, despite the fact that non-residents make a major contribution to retailing etcetera and thus indirectly to the revenue base of the Council.
- Should public libraries be able to charge administrative handling fees?
No. Some people will have a lesser capacity to pay such fees than others. Fees act as barriers to use and to social inclusion.
- What activities could incur a charge?
Those which represent value-added services, as discussed in 4.6 and 6.4.6 of the consultation paper. The ALIA Interim statement on public library services outlines these, as well as core services. In determining whether or not to incur a charge, the statement advises consideration of the possible impact on neighbouring library services by such decisions.
- Which activities could be exempt from a charge?
Core activities as defined by the Library Council, including those in the ALIA Interim statement on public library services.
- Should the ability to charge for fee based or value-added services be retained?
If the ability to charge for value-added services is removed, libraries may be prevented from initiating services which very specific parts of the community request. However given the small percentage of a council's rate revenue typically provided to by far its most heavily used and appreciated community service, it would be preferable for public libraries to have adequate development funding to respond to requests for such services. Charging should not be an excuse for governments to not provide adequate funds for free core services of a high quality, or for the Library Council to not define core services broadly and set appropriate standards. The New Zealand experience has shown that so-called private benefit charged for services do pose the risk, over time, of undermining the fundamental principle of socially inclusive free at the point of use public library services. The transition from today's fee based or value-added service to tomorrow's free core service could be difficult to achieve, particularly if a local authority becomes accustomed to a value-added service as a source of revenue.
- How should regional library services and joint library committees be defined in the Act?
ALIA concurs with the viewpoint provided in the consultation paper, especially in regard to the confusing and varied types of regional arrangements. It is recommended that:
- Regional bodies be given full legal status, explicitly allowing them to enter into contracts, and employ staff
- That wherever possible, encouragement be given for autonomous regional bodies to be created, possibly by short-term subsidy. Such short-term subsidy would recognise the long-term efficiency advantages of such a body.
There is a number of overseas and interstate models which could be usefully examined, which provide autonomy and create efficiency, while encouraging flexibility.
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