Government Information Technology and Communications …€¦ · Web view(e) CCTV Camera 5 is installed in Sydney Road on the south west corner of the intersection with Glenlyon

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 ii

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

Table of Contents page iii

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

Table of Contents page iv

Schedule 1 MOU Details................................................................................................................16

Schedule 2 CCTV System................................................................................................................18

Memorandum of Understanding between Victoria Police and Moreland City Council page 1

Memorandum of UnderstandingBetween

Victoria Policeof 637 Flinders Street, Docklands VIC 3008

(Victoria Police)

and

The Moreland City Councilof 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;

Commercial in Confidence


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


http://www.saiglobal.com/online/Script/Details.asp?DocN=AS0733775659AT




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.

(b) The Parties will co-operate with each other to ensure that neither Party causes the other Party to breach any obligations which that Party has under the Charter of Human Rights and Responsibilities Act 2006.

13. Images generated from the CCTV System

(a) Images generated from the CCTV System will be stored on a computer to be located at the Brunswick Police Station and may be accessed by members of Victoria Police, in accordance with CCTV Policies and the Law.

(b) The images may be overwritten, in accordance with CCTV Policies and the Law after 31 days of their recording.

(c) Where Victoria Police determines that images or recordings generated from the CCTV System are no longer required it may destroy them in accordance with Victoria Police policy.

13.2 Procedures for access to images and recordings generated by CCTV System

(a) Victoria Police may, at any time, access images or recordings generated from the CCTV System (in accordance with CCTV Policies and the Law) by making a request, to either the Officer in Charge, Brunswick Police Station or the Manager Information Technology of the Council.

(b) Details of any images or recordings taken by Victoria Police members will be recorded on a register which will be located at the Brunswick Police Station.

(c) Images or recordings received by Victoria Police will be handled in accordance with Victoria Police policy and the CLEDS Standards.

13.3 Costs of copying

Victoria Police will bear any costs associated with the copying of images or recordings generated from the CCTV System.

14. Monitoring of the CCTV System

(a) Neither Victoria Police nor any of its members is under any obligation to continuously monitor the CCTV System.

(b) Victoria Police members may monitor the CCTV System in accordance with CCTV Policies and the Law, for specific command and control use, targeting specific crime operations, conducting any law enforcement function or activity or for dealing with such situations as, but not limited to, the following:

(i) emergencies (for example fires and floods);



(ii) explosive incidents;

(iii) hazardous materials;

(iv) siege or hostage situations;

(v) sporting or entertainment events;

(vi) crowd control;

(vii) terrorist incidents; and

(viii) any other incident which may impact on the safety, security, protection and wellbeing of the public.

15. Ownership

The CCTV System is owned solely by the Council and all images and recordings generated by the CCTV System remain the property of the Council.

16. Training

Where a CCTV footage recording facility is located at a Police Station:

(a) The Council will supply the Officer in Charge, Brunswick Police Station, with the necessary instructions, operating manuals and CCTV Policies required to properly operate the CCTV System.

(b) The Officer in Charge, Brunswick Police Station, will ensure that all Victoria Police members under his or her command receive training or instruction in the use and operation of the Hardware and Software prior to operating the CCTV System.

(c) Operators of the CCTV System must, at a minimum, be able to:

(i) reconnect the CCTV System on-line in the event of a connectivity failure;

(ii) switch CCTV Camera displays;

(iii) operate the PTZ function;

(iv) understand and adhere to CCTV Policies and the Law; and

(v) make copies of the images or recordings in accordance with CCTV Policies and the Law.

17. Complaints

17.1 Public Complaints

Complaints made by the public to Victoria Police regarding the general operation of the CCTV System will be referred to the Council Representative.



17.2 Complaints regarding Victoria Police

Complaints made by the public to the Council which relate specifically to Victoria Police policy or procedures or Victoria Police members may be referred to the Victoria Police Representative, Officer in Charge, Brunswick Police Station, the Victoria Police Professional Standards Command or the Independent Broad-based Anti-corruption Commission (IBAC).

18. Media enquiries

18.1 Media enquiries made to Victoria Police

Media enquiries received by Victoria Police regarding the CCTV System will be referred to the Council’s Representative.

18.2 Media enquiries made to the Council

Media enquiries received by the Council regarding the activities of Victoria Police in relation to the CCTV System will be referred to the Victoria Police Media Liaison Unit via the Local Area Commander at Moreland.

18.3 Joint crime prevention operations

Where the Parties conduct joint crime prevention operations, the Parties will consult with each other prior to the issue of any media release.

19. Exchange of Crime Trend Information

Upon written request by the Council Representative to the Victoria Police Representative, the Victoria Police Representative will endeavour, in accordance with this MOU, to facilitate the exchange of crime trends and pattern data in the Precinct to assist the Council to evaluate the effectiveness of the CCTV System.

20. Liability

(a) Neither Victoria Police nor any member of Victoria Police shall be liable to the Council for any claim, demand, damages, costs or expenses whatsoever and howsoever arising for any loss, damage or injury to any person or property caused by or arising from:

(i) the operation, management and use of the CCTV System;

(ii) the failure of the Council to respond promptly to any incident shown on the CCTV System;

(iii) any breach of the terms of this MOU by the Council; or

(iv) any negligent act, error or omission in connection with the performance of the terms of this MOU or the use of the CCTV System by the Council,

unless the loss, damage or injury is caused or contributed to by Victoria Police, its officers, employees or agents.



21. Confidentiality and Privacy

21.1 Confidentiality

(a) A Party may use the Confidential Information of the other Party only for the purposes of this MOU and in accordance with CCTV Policies and the Law.

(b) A Party must keep Confidential Information of the other Party confidential except;

(i) for disclosures permitted under clause (c); and

(ii) to the extent that the Party is required by Law to disclose any Confidential Information.

(c) A Party may disclose Confidential Information of the other Party to its officers or employees who;

(i) have a need to know for the purposes of this MOU (and only to the extent that each officer or employee has a need to know); and

(ii) before disclosure, have been directed to keep confidential all Confidential Information of the other Party.

(d) The Parties acknowledge that Victoria Police will be entitled (in addition to any other remedy that Victoria Police may have) to seek an injunction or other equitable relief with respect to any actual or threatened breach by the Council of this clause 21.1 and without the need on the part of Victoria Police to prove any special damage.

(e) The arrangements under this clause 21 will survive termination of this MOU and will continue in relation to Confidential Information until the Confidential Information disclosed to a Party lawfully becomes part of the public domain.

21.2 Privacy

(a) The Council acknowledges that it will be bound by the Information Privacy Principles and any applicable Code of Practice with respect to any act done or practice engaged in by the Council under or in connection with this MOU in the same way and to the same extent as Victoria Police would have been bound had it been directly done or engaged in by Victoria Police.

(b) The Parties will cooperate to ensure they do not cause the other Party to breach any privacy obligations that Party has at law.

22. Data Security

(a) Victoria Police may release Law Enforcement Data to the Council under this MOU.

(b) The release of Law Enforcement Data is subject to the CLEDs Standards and Victoria Police policy.

(c) Law Enforcement Data may:

(i) take the form of any text, images, audio and video; and



(ii) be stored on computing devices, in hard copy, or on other storage media.

(d) The Parties agree that the following requirements apply to the release, storage, exchange, management, collection, maintenance and disposal of Law Enforcement Data under this MOU.

(i) The release of Law Enforcement Data by the Council to any other party or individual is strictly prohibited unless authorised by Victoria Police or by Law.

(ii) The storage of documents containing Law Enforcement Data must only occur in a secure facility that is physically protected against unauthorised access, including the use of lockable containers, cabinets, and restricted access rooms.

(iii) The storage of electronic Law Enforcement Data must only occur on a computer and/or system which are appropriately protected against unauthorised access, including the use of passwords, encryption, firewalls, and other appropriate protections.

(iv) Any exchange of Law Enforcement Data via electronic messaging (including email) must be subject to appropriate routing, encryption and auditing in order to protect the Law Enforcement Data from being viewed or altered by anyone other than the intended recipient.

(v) The exchange of Law Enforcement Data via insecure consumer applications, such as file sharing, personal email account, social media and instant messaging, is strictly prohibited.

(vi) Strict security measures must be implemented to protect Law Enforcement Data during storage, handling and transport, particularly information contained on portable computing devices or portable data storage devices.

(vii) Unless otherwise agreed, all physical and electronic copies of Law Enforcement Data in the possession or control of the Council must be disposed of only as authorised by and in accordance with instructions provided by Victoria Police.

(viii) The Council will provide security awareness training to its staff who are involved with the release, storage, exchange, management, collection, maintenance and disposal of Law Enforcement Data under this MOU and implement procedures for managing and reporting to Victoria Police any security breaches relating to Law Enforcement Data.

23. Governance, Evaluation and Monitoring

(a) Both Parties are responsible for ensuring that the CCTV System is performing effectively and in the manner expected and agreed by both Parties.

(b) Both Parties agree to undertaking rigorous evaluation of the CCTV System. The first comprehensive evaluation will occur 12-18 months following the full commissioning of the CCTV System.



23.1 CCTV System Steering Committee

(c) The CCTV System Steering Committee will be established and chaired by the Council and will consist of representatives from the Council, Victoria Police and other invited stakeholders.

(d) The CCTV Steering Committee will be responsible for:

(i) overseeing the implementation of the CCTV System and ongoing management;

(ii) developing an agreed monitoring and evaluation framework to ensure system objectives as outlined in this MOU are being achieved; and

(iii) considering the recommendations put forward by the CCTV Audit Committee in its annual report.

23.2 CCTV Audit Committee

(a) The CCTV Audit Committee will be established by the Council to:

(i) report on the management of the CCTV System and ensure adherence to this MOU and the agreed CCTV Policies established and the Law;

(ii) promote public confidence in the CCTV System by ensuring its operations are transparent and subject to public scrutiny; and

(iii) make recommendations to the Parties to improve the integrity of the CCTV System.

24. Notices

(a) Any Notice under this MOU must be addressed to the Parties’ Representatives or as otherwise notified from time to time in writing and may be hand delivered or sent by pre-paid post, pre-paid courier, facsimile or electronic mail.

(b) Any Notice will be deemed to have been received by the Party to which it was sent:

(i) in the case of delivery by person or by courier, on the date of delivery;

(ii) in the case of prepaid post within Australia, on the seventh day next following the date of dispatch;

(iii) in the case of facsimile transmission, on production of a transmission report by the machine from which the facsimile was sent which indicates that the facsimile was sent in its entirety to the facsimile number of the recipient; and

(iv) in the case of an electronic mail, on the day of transmission if the message is correctly addressed to and successfully transmitted to the receiving Party’s electronic mail address and an



acknowledgement of receipt is recorded on the sending Party’s computer.

25. Review

(a) The Parties Representatives will review this MOU every 12 months from the Commencement Date.

(b) Any amendments required as a result of a review made pursuant to clause 25(a) must be made in accordance with clause 28.2.

26. Dispute and Dispute Resolution

26.1 Dispute Notice

(a) A Party claiming that a dispute or disagreement has arisen under this MOU must give a Dispute Notice to the other Party or Parties, specifying the nature of the dispute (Dispute).

(b) A Dispute Notice may be withdrawn at any time by the Party that gave the Dispute Notice.

26.2 Good Faith Discussions

Within 10 Business Days of the date of issue of the Dispute Notice the Parties’ Representatives must enter into good faith discussions in an attempt to resolve the Dispute.

26.3 Referral to Senior Officers

If the Parties’ Representatives have not resolved the Dispute within 20 Business Days of the date of issue of the Dispute Notice, the Dispute must be referred to the Parties’ Senior Officers who will promptly meet and enter into good faith discussions in an attempt to resolve the Dispute.

26.4 Failure of Discussions

If the Parties’ Senior Officers are unable to resolve the dispute within 5 Business Days of their meeting either Party may terminate this MOU in accordance with clause 27(a) (iii).

26.5 Performance of Obligations

Notwithstanding the existence of a Dispute, the Parties to the Dispute will continue to perform their obligations under this MOU.

27. Termination

(a) This MOU may be terminated:

(i) by mutual agreement of the Parties in writing;

(ii) where a Party terminates its involvement in this MOU, by giving 14 Business Days’ Notice to the other Party unless the Parties otherwise agree to a shorter period;



(iii) where a dispute has not been able to be resolved under clause 26.3, by either Party giving 7 Business Days’ Notice to the other Party.

28. General

28.1 Entire Agreement

This MOU forms the entire understanding of the Parties on the subject matter. All representations, communications and prior agreements in relation to the subject matter are merged in and superseded by this MOU.

28.2 Variation

The Parties may only vary this MOU by written agreement.

28.3 Counterparts

This MOU may be executed in any number of counterparts. All counterparts together will be taken to constitute one instrument.

28.4 Time to Act

If the time for a Party to do something is not specified in this MOU, the Party will do what is required within a reasonable time.

28.5 Compliance with Laws

Each Party must comply with all Laws.



Date 2023

Signing page

Signed for and on behalf of Victoria Police by the Assistant Commissioner, North West Metro Region, in the presence of:

Witness Signature [signature of Assistant Commissioner]

Witness Name (print)

Signed for and on behalf of the Moreland City Council by the Chief Executive Officer, in the presence of:

Witness Signature [signature of Chief Executive Officer]

Witness Name (print)


Annexure 1 page 16

Schedule 1 MOU Details

1. Term

Commencement Date: June 27 2014

2. Party Representatives:

(a) Victoria Police Representative

Position: Moreland Local Area Commander, Inspector Dean McGowan

Telephone: 03-9355-6191

Mobile: 0467-715-831

Fax: 03-9355-6194

Email: [email protected]

(b) Council Representative

Position: Director Corporate Services James Scott

Telephone: 03-9240-1110

Mobile: 0409-538-173

Fax: 03-9240-1212


3. Senior Officers

(a) Victoria Police

Position: Officer-In-Charge, Brunswick Police StationSenior Sergeant, Michael Moloney

Telephone: 03-8378-6000

Mobile: 0423-256-878

Fax:


(b) Council

Position: Manager Information TechnologyDenis Wilson


Annexure 1 page 17

Telephone: 03-9240-2226

Mobile: 0408-137-280

Fax: 03-9240-1212



Annexure 1 page 18

Schedule 2 CCTV System

1. CCTV Cameras Installation

The Council has installed 9 CCTV Cameras at the Precinct to monitor the activities taking place in the Precinct.

2. Location/s:

(a) CCTV Camera 1 is installed in Sydney Road near the north east corner of the Brunswick Road intersection.

(b) CCTV Camera 2 is installed in Sydney Road on the south east corner of the intersection with Barkly Street.

(c) CCTV Camera 3 is installed in Sydney Road on the south west corner of the intersection with Wilson Avenue.

(d) CCTV Camera 4 is installed in Sydney Road on the north east corner of the intersection with Weston Street.

(e) CCTV Camera 5 is installed in Sydney Road on the south west corner of the intersection with Glenlyon Road/Dawson Street.

(f) CCTV Camera 6 is installed in Sydney Road on the south west corner of the intersection with Albert Street.

(g) CCTV Camera 7 is installed in Sydney Road directly opposite the Duke of Edinburgh and Penny Black Hotels.

(h) CCTV Camera 8 is installed in Sydney Road directly opposite (east) the corner of the intersection with Michael Street.

(i) CCTV Camera 9 is installed in Black Street, just off Sydney Road, at the Black Street car park substation.

3. Hardware and Software:

The Hardware and Software comprises the following:

(a) Axis Q6045e PTZ camera x 9


Annexure 1 page 19

(b) Firetide 7020 RF transmitter x 11 (one for each camera, onefor the mid-point in Sydney Road to act as a repeater, one for the Police Station roof)

(c) Firetide software

(d) Genetec Omnicast software (for the digital image server)

(e) Dell Power Edge R320 server (digital image server) located inthe communications rack

(f) KVM unit - keyboard, video monitor and mouse located in the communications rack

(g) Dell workstation for Sergeant’s Office including base unit, keyboard, mouse, DVD/CD read/write unit

(h) 42” wall mounted monitor for the Sergeant’s Office

(i) Keyboard, mouse, joystick and 24” monitor for the Watch House

(j) Dell workstation base unit for the Watch House but located in the communications rack

(k) 55” wall mounted monitor for the Watch House

(l) Half height (700mm) communications rack (22 ru) located under thestairs closest to the Sergeant’s Office

(m) Uninterruptible Power Supply (UPS) unit with external battery located in the communications rack

(n) Juniper 24 port non-PoE (Power Over Ethernet) data switchlocated in the communications rack


Communication and Liaison CCTV Protocol

Communication & Liaison CCTV Protocol Victoria Police and Moreland City Council

PROCESS OWNERS

Victoria Police: Local Area Commander, MorelandMoreland City Council: Director Corporate Services

AMENDMENT RECORD

Issue No. Issue Date Description of Amendment Authorised

by1 Original1.1 4/1/2012 Updates incorporated from Dept of Justice N White

1.2 27/6/2014 Updates by Moreland CCTV Steering Committee

Dean McGowan

-1-Last Updated 27 June 2014 by Insp 28187


Contents

REFERENCES..................................................................................................................................... 2

PURPOSE............................................................................................................................................ 2

OBJECTIVES....................................................................................................................................... 2

SCOPE.................................................................................................................................................. 2

DEFINITIONS....................................................................................................................................... 2

PROTOCOLS....................................................................................................................................... 2

Roles.......................................................................................................................................... 2

Network Manager..........................................................................................................2

Police Manager..............................................................................................................2

Network Contractor......................................................................................................2

Approval of CCTV Functions......................................................................................2

Functions.................................................................................................................................. 2

Changes to Protocols..................................................................................................2

Network Auditing and Reporting...............................................................................2

CCTV System Evaluation.............................................................................................2

Communication with external parties................................................................................2

Release of Footage or Other CCTV Information....................................................2

Addressing Public Complaints..................................................................................2

Court Attendance..........................................................................................................2

System Management..............................................................................................................2

Guiding Principles for the Control and Operation of Cameras.........................2

Access and Security.....................................................................................................2

Staffing of the Monitoring Room...............................................................................2

Discipline........................................................................................................................2

System operations..................................................................................................................2

CCTV System footage monitoring.............................................................................2

Incident categories.......................................................................................................2

Victora Police Incident Notification..........................................................................2

Incident Report Form......................................................................................................2



REFERENCES

Should any inconsistency occur between this document and the references, Reference A holds precedence followed by Reference B.

A. Law Enforcement Data Security Standards of the Commissioner for Law Enforcement Data Security Act 2005, Information Privacy Principles and Health Information Principles of the Information Privacy Act 2000 and the Health Records Act 2001;

B. the MOU as agreed between Victoria Police and Moreland City Council for the Moreland City Council CCTV System;

C. the Victoria Police Manual (applies to Victoria Police staff only); and,

D. the Moreland City Council Code of Conduct (applies to Council staff only).

PURPOSE

This Protocol provides procedures for the communication and liaison for the effective management and operation of the Moreland City Council CCTV System.

OBJECTIVES

The objectives of this Protocol are to:

a. provide clear roles and responsibilities for CCTV system operations and management; and,

b. align work culture to support compliance with the CLEDS standards, Information Privacy Principles and Health Information Principles of the Information Privacy Act 2000 and the Health Records Act 2001.

SCOPE

This Protocol applies to all Victoria Police, Moreland City Council, their staff and contractors.

DEFINITIONS

Camera Zones - A camera zone is an area of public open space or an installation, covered by the Camera Surveillance Network.

Camera Patrol - A camera patrol is a zone or area pattern covered by a PTZ (pan, tilt and zoom) camera.

Communications Room – Brunswick Police Station Section Sergeant’s Office where Victoria Police staff may view real-time CCTV footage.

Council – Moreland City Council (the owner).

CCTV System – The camera network is the (CCTV) closed circuit television system and all its components installed to assist the Council with public safety management.



Monitoring Officer – A member of Victoria Police assigned the responsibility of operating the camera network. Monitoring Officers are delegated to have unsupervised access to the camera network.

Monitoring Room – Brunswick Police Station Watch House where primary passive monitoring of the CCTV System occurs.

Network Manager – The Manager Information Technology is the Council’s representative who is responsible for the overall operation and integrity of the network.

Police Manager – The Brunswick Police Station Officer-in-Charge is the Victoria Police representative who is the senior supervisor of the police facility hosting any part of the camera network, such as monitors, and/or digital recording equipment.

PROTOCOLSROLES

Network Manager

The Network Manager will be the single point of reference on behalf of the Council who are the CCTV owners. The Network Manager’s role is directly responsible to the Council for strategic management and operations of the network and will include a responsibility to:

a. ensure the provision, repair and maintenance of all equipment forming part of the CCTV System in accordance with contractual arrangements which the owners may from time to time enter into;

b. maintain close liaison with all stakeholders including the Police Manager;

c. ensure the use of the CCTV system by Council staff and contractors is at all times professional and in accordance with the CCTV system protocols, Council Code of Conduct, and Council Public CCTV Policy;

d. ensure the interests of the Council and other organisations are upheld in accordance with the terms of this Protocol; and,

e. in partnership with the Police Manager, agree to any proposed alterations to the CCTV system protocols.

Police Manager

The Police Manager will be the single point of reference on behalf of Victoria Police who are users of the CCTV system. The Police Manager’s role is directly responsible for Victoria Police staff and their use of the CCTV system. The Police Manager’s role includes the responsibility to:

f. maintain close liaison with the Network Manager;

g. ensure the use of the CCTV system by Victoria Police staff is at all times professional and in accordance with the CCTV system protocols, the Victoria Police Manual and Code of Conduct;

h. contact the Council upon identifying any damage to or a fault with the CCTV System; and,



i. in partnership with the Network Manager, agree to any proposed alterations to the CCTV system protocols.

When the Police Manager is off duty the Section Sergeant or senior police member at Brunswick Police Station is authorised to act on behalf of the Police Manager.

Network Contractor

A Network Contractor is a qualified technician approved by and authorized by the Council to provide camera equipment and information technology maintenance for the camera network. Unless otherwise authorised, contractors will be supervised by a Council Representative. While in Police facilities, all contractors must be supervised by Victoria Police staff at all times.

Approval of CCTV Functions

The Moreland City Council CCTV Steering Committee will act as the advisory body for the CCTV system. Specific camera targets and patrol patterns are determined by the Moreland City Council CCTV Steering Committee in consultation with the Police Manager and the Network Manager.

FUNCTIONSChanges to ProtocolsAny changes to the CCTV system protocols must not contravene the arrangements as agreed in the MOU (Reference A) or the CLEDS Standards.

A minor change to the CCTV system protocols, (i.e. such as may be required for clarification and will not have such a significant impact on the operation of the system) may be agreed between the Network Manager (as the representative of the owner of the system) and the Police Manager.

Any major changes to the CCTV system protocols (i.e. such as will have a significant impact upon the operation of the system) will take place only after consultation with the Moreland City Council CCTV Steering Committee.

Network Auditing and ReportingAn auditing process is required that ensures the camera network is accountable and fully compliant with the relevant policies of the Council and Victoria Police. An auditing process provides public reassurance that the camera network is operated transparently and ethically, and that self-regulatory codes and protocols are being observed.

To maintain the highest integrity and public confidence in the network:

j. the Network Manager shall follow the procedures as determined by the Moreland City Council Public CCTV Audit Committee; and,

k. the Police Manager shall ensure that the CCTV system records and processes are included as part of the workplace inspections as required by the Victoria Police Manual.

CCTV System Evaluation



The CCTV system will periodically be evaluated to establish whether the purposes of the system are being complied with and whether objectives are being achieved. This evaluation will initially occur within 18 months of commencement of operation and then every 12 months thereafter. The evaluation will incorporate such things as (for example, but not limited to):

l. an assessment of the impact upon crime;

m. an assessment of the impact on town centre business;

n. an assessment of neighbouring areas without CCTV;

o. the views and opinions of the public;

p. the operation of the CCTV system protocols;

q. whether the purposes for which the system was established are still relevant;

r. cost effectiveness.

The results of the evaluation will be presented to the Moreland City Council CCTV Steering Committee and will have a bearing on the future functioning, management and operation of the system.

COMMUNICATION WITH EXTERNAL PARTIESRelease of Footage or Other CCTV InformationTo ensure the highest integrity of an investigation, any incident or data downloaded from the CCTV System by Victoria Police Staff becomes law enforcement data and must be managed in accordance with the CLEDS standards and the Victoria Police Manual.

Under no circumstances are direct requests for CCTV footage or other information to be processed for members of the public, by Council or Victoria Police staff. Any request from the public relating to non-criminal matters is to be directed to the Network Manager, who will advise the applicant of the appropriate Council Freedom of Information processes. Any request from the public relating to criminal matters is to be directed to the Police Manager, who will advise the applicant of the appropriate process via the Freedom of Information guidelines.

No footage, confirmation or denial that a criminal incident has occurred, is to be disclosed to the public by Council staff without agreement from Victoria Police. Victoria Police staff may only release information in the course of their operational duties in line with the requirements of the Victoria Police Manual. For example - Any footage to be released to the media for investigative purposes will be conducted via the Wrongs Act authorisation process and then through the Victoria Police Media Liaison Unit.

Monitoring Officers shall not provide any information involving camera network operations to the media or to any person not authorised to receive it. All requests for information regarding the CCTV System operations must be referred to the Network Manager and/or the Police Manager as appropriate.

Addressing Public ComplaintsAll matters of public complaint regarding the CCTV system must be referred to the Network Manager in the first instance for investigation. The Network Manager will then decide whether the complaint should be brought to the attention of the Council’s Director Corporate Services or the Police Manager.



Court AttendanceMonitoring Officers may be required to attend court to give evidence in relation to a recorded incident. Where a Monitoring Officer is (required to attend court) summonsed to attend court, the Monitoring Officer shall provide a copy of the summons to the Police Manager, who will in turn notify the informant.

The Monitoring Officer shall comply with the directions of the Court and provide testimony to the best of their ability as required within the scope of the Monitoring Officer’s duties.

SYSTEM MANAGEMENTGuiding Principles for the Control and Operation of CamerasAny person authorised to operate the cameras will always act with utmost probity. Every use of the cameras will accord with the purposes and key objectives of the system and shall be in compliance with the CCTV system protocols. Cameras must not be used to look into private residential property or to impinge on an individual’s reasonable expectation of privacy.

Camera operators will be mindful of exercising prejudices, which may lead to complaints of the system being used for purposes other than those for which it is intended. The operators may be required to justify their interest in, or recording of, any particular individual, group of individuals or property at any time by virtue of the audit of the system or by the Network Manager.

The Network Manager and Police Manager will accept primary responsibility for ensuring that the CCTV system protocols are complied with. They have day to day responsibility for the management of the CCTV system.

Access and SecurityOnly personnel trained and authorised by the Network Manager or Police Manager will operate any of the equipment located within the CCTV monitoring room or other equipment associated with the CCTV system.

Public access to the monitoring and recording facility will be prohibited except for lawful, proper and sufficient reasons and only then with the authority of the Police Manager. Any such visits will be conducted and recorded in accordance with local procedures. The media shall not have access to the CCTV System or Monitoring Room under any circumstances at any time.

Authorised personnel will be present at all times within the Communications room. In the event of the Monitoring room having to be evacuated for safety or security reasons, the provisions of the Brunswick Police Station Evacuation Plan will be complied with.

Staffing of the Monitoring RoomMonitoring Officers will be sworn members of Victoria Police. The Network Manager and Police Manager are to provide all Monitoring Officers with all information relevant to their role and the local requirements, including security, privacy and safety.

Equipment associated with the system will only be operated by authorised personnel who will have been properly trained in its use and all monitoring room procedures. Each operator will be personally issued with a copy of the CCTV system protocols. They will be fully conversant with the contents of the documents, which may be updated from time to time, and they will be expected to comply with as far as is reasonably practicable at all times.



DisciplineEvery individual with any responsibility under the terms of the CCTV system protocols and who has any involvement with the CCTV system to which they refer, will be subject to the Council and/or Victoria Police discipline procedures. Any breach of the CCTV system protocols or of any aspect of confidentiality will be dealt with in accordance with those procedures including, if appropriate, the instigation of criminal proceedings.

SYSTEM OPERATIONSCCTV System footage monitoringNeither the Council nor Victoria Police provide active 24-hour monitoring of the CCTV System. The equipment will record in a passive mode 24 hours a day, 7 days a week. There will be no preset active monitoring periods, but active monitoring may be initiated as intelligence recommends.

The Monitoring Officers may monitor the CCTV System for specific events or police operations as agreed between Council and Victoria Police.

Incident categoriesThe following are definitions of incidents:

s. Low Level Incident. A ‘low level incident’ is a crime, incident, safety hazard, event, or suspicious activity that is adversely affecting, or may adversely affect public safety in a camera zone, or otherwise involves the Council and/or Police.

t. Standard Incident. A ‘standard incident’ is any situation involving damage or injury to a person or property, or any situation where damage or injury to a person or property is threatened and/or where in the opinion of a Monitoring Officer, an illegal act is being committed, or there is a high degree of likelihood that an illegal act may be committed.

u. Major Incident. A ‘major incident’ is any situation involving riots and serious public disorder, natural disaster, serious road or construction accidents within a camera zone, or otherwise involving large scale police operations.

Victora Police Incident Notification In the event a Monitoring Officer believes an incident requires urgent Police attention, attendance, or intervention, the Monitoring Officer is authorised to do the following:

v. Contact the Supervisor - Police Communications Room and advise of the incident;

w. Direct any camera providing the best view of the incident;

x. Ensure the optimum recording of the incident is made using camera angles and system recording features; and,

y. Respond as far as operationally practicable to any requests from police for alternative views of an incident.

Incident Report FormAny incident viewed and controlled by a Monitoring Officer must be detailed on an Incident Log maintained at Brunswick Police Station and retained on file.


System Management of CCTV Footage Protocol

System Management of CCTV Footage Protocol Victoria Police and Moreland City Council

PROCESS OWNERS

Victoria Police: Local Area Commander, MorelandMoreland City Council: Director Corporate Services

AMENDMENT RECORD

Issue No. Issue Date Description of Amendment Authorised

by1 Original1.1 4/1/2012 Updates incorporated from Dept of Justice N White

1.2 27/6/2014 Updates by Moreland CCTV Steering Committee

Dean McGowan



Contents

REFERENCES..................................................................................................................................... 3

PURPOSE............................................................................................................................................ 3

OBJECTIVES....................................................................................................................................... 3

SCOPE.................................................................................................................................................. 3

DEFINITIONS....................................................................................................................................... 3

PROTOCOLS....................................................................................................................................... 4

Monitoring................................................................................................................................. 4

Guiding Principles........................................................................................................4

Council Monitoring.......................................................................................................4

Police Monitoring..........................................................................................................4

Processing of Recorded Information.................................................................................5

Processing......................................................................................................................5

Operators Instructions................................................................................................5

Access to Download Footage....................................................................................5

Destruction Of Footage On The CCTV System......................................................5

Handling of Downloaded Recorded Material....................................................................5

Collection........................................................................................................................ 6

Recording........................................................................................................................ 6

Evaluation and Action..................................................................................................6

Sharing............................................................................................................................ 6

Review, Retention and Disposal...................................................................................7



REFERENCES

Should any inconsistency occur between this document and the references, Reference A holds precedence followed by Reference B.

A. Law Enforcement Data Security Standards of the Commissioner for Law Enforcement Data Security Act 2005, Information Privacy Principles and Health Information Principles of the Information Privacy Act 2000 and the Health Records Act 2001;

E. the MOU as agreed between Victoria Police and Moreland City Council for the Moreland City Council CCTV System;

F. the Victoria Police Manual (applies to Victoria Police staff only); and,

G. the Moreland City Council Code of Conduct (applies to Council staff only).

PURPOSE

This Protocol provides procedures for the management, including recording, accessing and deleting, of all footage generated through the Moreland City Council CCTV System.

OBJECTIVES

The objectives of this Protocol are to:

a. provide clear processes for the management of footage; and,

b. align work culture to support compliance with the CLEDS standards, Information Privacy Principles and Health Information Principles of the Information Privacy Act 2000 and the Health Records Act 2001.

SCOPE

This Protocol applies to all Victoria Police, Moreland City Council, their staff and contractors.

DEFINITIONS

Camera Zones - A camera zone is an area of public open space or an installation, covered by the Camera Surveillance Network.

Camera Patrol - A camera patrol is a zone or area pattern covered by a PTZ (pan, tilt and zoom) camera.

Communications Room – Brunswick Police Station Section Sergeant’s Office where Victoria Police staff may view real time CCTV footage.

Council – Moreland City Council (the owner).

CCTV System – The camera network is the (CCTV) closed circuit television system and all its components installed to assist the Council with public safety management.



Monitoring Officer – A sworn member of Victoria Police assigned the responsibility of operating the camera network. Monitoring Officers are delegated to have unsupervised access to the camera network.

Monitoring Room – Brunswick Police Station Watch House where primary passive monitoring of the CCTV System occurs.

Network Manager – The Manager Information Technology is the Council’s representative who is responsible for the overall operation and integrity of the network.

Police Manager – The Brunswick Police Station Commander is the Victoria Police representative who is the senior supervisor of the police facility hosting any part of the camera network, such as monitors, and/or digital recording equipment.

PROTOCOLSMONITORING

Guiding Principles

Any person authorised to monitor and/or operate the cameras will always act with utmost probity. Every use of the cameras will be in accordance with the purposes and key objectives of the system and shall be in compliance with the CCTV System Protocols.

Only trained and authorised staff with responsibility for using the CCTV System equipment will have access to the operating controls.

Council Monitoring

Neither the Council nor Victoria Police provide active 24-hour monitoring of the CCTV System. The equipment will record in a passive mode 24 hours a day, 7 days a week. There will be no preset active monitoring periods, but active monitoring may be initiated by Victoria Police as intelligence recommends. The Council will not monitor the CCTV System. Council appointed contractors may need to monitor the CCTV System but only for the purposes of equipment maintenance and then only under the supervision of Victoria Police.

Police Monitoring

Victoria Police members may monitor the CCTV System for specific command and control use, targeting specific crime operations, conducting any law enforcement function or activity or for dealing with such situations as, but not limited to, the following:

a. incident response (for example, assessment of incidents reported by the Monitoring Officer)

b. emergencies (for example fires and floods);

c. explosive incidents;

d. hazardous materials;

e. siege or hostage situations;

f. sporting or entertainment events;

g. crowd control;



h. terrorist incidents; and

i. any other incident which may impact on the safety, security, protection and wellbeing of the public.

The Monitoring Officer is also authorised to take cameras ‘off patrol’ and adjust the pan, tilt and zoom controls of cameras to obtain the best view of an incident to enable further assessment or to record evidence.

Where a Monitoring Officer observes an incident, the Monitoring Officer is authorised to operate individual cameras to cause the best view to be displayed on the monitor. The Monitoring Officer will report the incident in line with the Communication and Liaison Protocol.

PROCESSING OF RECORDED INFORMATION

Processing

Processing means obtaining, recording or holding the information or data recorded by the CCTV System or carrying out any operation or set of operations on the information or data, including:

a. retrieval, consultation or use of the information or data;

b. organisation, adaptation or alteration of the information or data;

c. disclosure of the information or data by transmission, dissemination or otherwise making available; or,

d. alignment, combination, blocking, erasure or destruction of the information or data.

Operators Instructions

Technical instructions on the use of equipment housed within the Monitoring Room are contained in a separate manual provided by the equipment suppliers. A copy is also to be located in the Communications Room.

Access to Download Footage

The ability to download footage from the CCTV System will only be available from the Communications Room. The CCTV download facility will only be operated by trained users authorised by the Police Manager.

Destruction of Footage on the CCTV System

Footage recorded by the CCTV System must be retained for a minimum period of 31 days. Footage on the CCTV System may be automatically deleted after this time without manual intervention by Council or Police staff. Security must be maintained to ensure that manual deletion of footage does not occur.

HANDLING OF DOWNLOADED RECORDED MATERIAL



Footage downloaded from the CCTV System by Victoria Police will be managed in accordance with the Victoria Police Manual policy for CCTV footage to ensure compliance with the CLEDS Standards.

Collection

If a Victoria Police member believes that a recording relevant to an investigation has been captured on a CCTV System, the creation of a copy of CCTV footage should be collected from the CCTV System as soon as practicable.

Only the Police Manager or their delegate is permitted to retrieve, capture and record camera imagery to removable media. Unless authorised by the Network Manager in consultation with the Police Manager, no Council employee is to have access to download footage from the network.

Victoria Police members may access images or recordings generated from the CCTV System by making a written request to the Police Manager or the Network Manger. A record of this request must be held for auditing purposes in line with the Memorandum of Understanding.

The footage should be captured on dedicated, non-rewritable media wherever possible. The footage must be appropriately labelled. The media should be labelled prior to recording to avoid potential confusion. As far as possible the copy of footage shall be made in the presence of the informant who shall include in their statement how they obtained the footage. This will limit the need for other staff to give evidence.

Recording

Details of any downloaded images or recordings will be recorded on a register which will be located at the Communications Room and will be subject to auditing in line with the Memorandum of Understanding. Recording of copies and/or movements of downloaded footage will be made in accordance with the Victoria Police Manual requirements.

Evaluation and Action

The footage must be assessed by the investigating officer to determine the appropriate security classification and use of the information.

Sharing

Sharing of downloaded footage is only permitted in line with the Communication and Liaison Protocol and the Victoria Police Manual.

When transferring the footage the investigating member or the Supervisor / Work Unit Manager should determine the risk associated with the information transfer. Based on the risk assessment and the security classification of the material, the most appropriate method for transfer may include:



a. by hand, for example police employee to police employee or police employee to third party;

b. courier service;

c. registered mail; or

d. copies should not be sent by DX unless exceptional circumstances exist, and justified by the Work Unit Manager in writing.

Review, Retention and Disposal

Storage

The CCTV footage must be stored according to the local procedures that comply with the Victoria Police Manual. Downloaded footage must be stored on police premises in a location that is cool, not in direct sunlight and secure (in line with the security classification of the material).

The footage must not be stored or played on a non-police computer, other than the computers provided as part of the CCTV System, and copies must not be taken offsite for storage.

Review and Retention

The investigating officer or work unit manager/supervisor should review CCTV records at regular intervals to determine the ongoing value of the footage. Based on the importance of the footage, the expected investigation/prosecution timeframe and required retention periods, consideration should be given to the creation of an archival quality copy of the material.

When Work Unit Managers determine that disposal or archiving action is required in line with the current retention and disposal schedule they should seek the advice from the Victoria Police Archives & Storage Centre (VPASC).

Destruction

When disposal is required by the current Victoria Police retention and disposal schedule, all removable media copies of CCTV footage held by must be destroyed by the VPASC who has a secure destruction machine for this purpose. Please seek advice from VPASC prior to transfer or disposal.


Terms of Reference

1. Name Brunswick Public Safety CCTV System Audit Committee

2. Scope This committee has been established to uphold the integrity of the Public CCTV system in Brunswick owned by the Council.

3. Delegation The members of the committee are guided by the powers delegated to them by their employers.

4. Membership and chairperson

Director Corporate Services (Chair)

Manager Internal Audit

Moreland Local Area Commander, Victoria Police

5. Meeting frequency Meeting length and frequency to be determined by the Committee.

6. Accountability of committee and committee members

The CCTV Audit Committee will:

report on the management of the CCTV System and ensure adherence to the Memorandum of Understanding, Protocols and Policies established to guide the management of the CCTV system and images;

promote public confidence in the CCTV System by ensuring its operations are transparent and subject to public scrutiny; and

make recommendations to the Council and Victoria Police to improve the integrity of the CCTV System.

7. Reporting requirement

The committee will report at least once per year to the Council

8. Any other relevant information

Nil

9. References Moreland City Council - Brunswick Public CCTV System Policy

Memorandum of Understanding signed between Moreland City Council and Victoria Police.

Moreland City Council CCTV System Communication and Liaison Protocol

Moreland City Council CCTV System Management of CCTV footage Protocol

13. Contact details of committee

Director Corporate Services (James Scott)

9240 1116

15. Approval date Date TOR approved

TRIM: D14/215221

Documents

Government Information Technology and Communications …€¦ · Web view(e) CCTV Camera 5 is installed in Sydney Road on the south west corner of the intersection with Glenlyon