1

Points of Interest with Regards to the Need for

Working Public toilets, CCTV and Appropriate Lighting
adjacent to the Redland Bay Marina Ferry Terminal.

Presented To
Kim Richards MP-ALP Queensland
December19th, 2018
By Gina Swannell and SMBI residents

Prepared by Adrienne Ellul B.Scs. &PG Dip (Psychology): M. Crim (Def)

&Juris Doctor (Def), Operation Angel on Behalf of Gina Swannell
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Points of Interest with Regards to the Need for Working Public toilets, CCTV and
Appropriate Lighting.
Contents
PAGE
3. Introduction
4. Points of Interest & Community Needs
5.Obligations under Queensland Legislation/ Disaqbility Discrimination Act 1992
6. Industry Stamndards /Public Health Acts
7.. “ “
8.. “ “
9. Breaches of Legislation
10. Public Interest Consideration/ PTIM
11. “ “
12. Protecting SMBI community
13. CCTV Research
14. “ “
15. “ “
16. “ “
17. “ “
18. “ “
19. Conclusion

Prepared by Adrienne Ellul B.Scs. &PG Dip (Psychology): M. Crim (Def)

&Juris Doctor (Def), Operation Angel on Behalf of Gina Swannell
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Introduction
The reason for this report is to inform our local members of Parliament, Council and
other agencies of the struggles of the residents, workers and associated parties of the Southern
Moreton Bay Islands (SMBI) and surrounds.
There is a complex demographic of residents on the Islands including…..Rate payers/land owners,
Business owners, Renters, Retirees, Recreational visitors, Families, Disability recipients,
Pensioners, Unemployed, students, Creative minds etc.
From a humanistic perspective, many of the residents feel that our beautiful islands have been
forgotten, pushed aside and ignored regarding our basic rights as active, productive individuals.
These islands have for many years been under a negative shadow of opinion of governments and
mainland community as being the “Van Dieman Islands”. Which breaks down the resident’s self-
image and worthiness as citizens of Queensland. This is a continuing issue for the SMBI
community as every concern they have brought to the floor regarding not wants, but needs, for
improvements to these islands to ensure a thriving community. The locals of the islands are split
between enjoying their isolation and/or evolving into a learned helplessness society. This statement
is not a negative connotation but an actuality as it stands today. They have no faith in support from
their local council, government and federal level politicians.
We as Australians had an apology for the forgotten Australians not so long ago, it seems these
islands are long overdue for an apology on their neglect. Or at the least a hand up every so often as
these islands most definitely pay their rates and support their own local businesses.
At times there is some degree of action from the mainland Governmental agencies however it
appears that our residents are drip-fed privileges not unlike those in a correctional facility. So this
process is quite demeaning and producing a undercurrent of lower socio reflection of the
community.
And so, it is important that this meeting with some island residents and Kim Richards MP, the
availability to present resident’s concerns regarding the Duty of Care1 duly owed legally and
ethically of our human rights as citizens of Queensland. For the betterment of our future. It is vital
that the SMBI can demonstrate the extreme necessity of needs that have been overlooked for too
long.
Thank You

1
In tort law, a duty of care is a legal obligation which is imposed on an individual or corporations requiring adherence
to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element
that must be established to proceed with an action in negligence.

Prepared by Adrienne Ellul B.Scs. &PG Dip (Psychology): M. Crim (Def)

&Juris Doctor (Def), Operation Angel on Behalf of Gina Swannell
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Points of Interest with Regards to the Need for Working Public toilets, CCTV and
Appropriate Lighting.

Strategies implemented by Local, State and Government Agengies 2016-2018

1. Upgrade to Weinam Creek transport hub

• Ferry / Bus terminal, Public Toilets and Business hub & Stand-Alone
Card Interface Device (SACID)

************************

Needs for the residents of the South Moreton Bay Islands (SMBI) and surrounds
• Minimum requirements and legal standards for providing working
Public Toilets at Weinam Creek ferry and Redland Bay Translink Bus
Interchange (Immediate)

• CCTV/ SECURITY2 installed/ Implemented to ensure safety of all

consumers and other parties3 of Car park and Transport area

• Lighting4 inclusive of the Public toilet area and Car Park Area

***********************

2
Lighting, Patrols and Police Presence (Not only to fine local residents for vehicle parking practices)
3
Tourists, local businesses, students, Council and Government workers/agents, Stradbroke employees etc.
4
Including safety for all users of the premises at Weinam Creek, crime prevention, health aspects and accessibility

Prepared by Adrienne Ellul B.Scs. &PG Dip (Psychology): M. Crim (Def)

&Juris Doctor (Def), Operation Angel on Behalf of Gina Swannell
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Obligations Under Legislation to above needs of the residents and consumers of the
SMBI and surrounds (addressed to Local, state and Federal Gov agencies)
According to Policies and Legislations in the State of Queensland and at Local
Government Jurisdictions, there are legal and ethical requirements that are allocated
to ensure residents, common people and other users of the Redland Bay Marina are
entitled to be under a Duty of Care of the above-mentioned Governing agencies
whilst using its facilities, Transport Hub and Public Car park areas
Disabilty Discrimination Act 19925
Section 18
The Disability Discrimination Act (DDA) makes it against the law for public places to be
inaccessible to people with a disability.

Places used by the public include:

• Public footpaths and walkways

• Parks, public swimming pools, public toilets, and pedestrian malls
• Public transport including trains, buses, ferries, boats, ships and planes
• Government-run services

This applies to existing places as well as places under construction. To comply with the DDA
existing places may need to be modified to be accessible (except where this would involve
"unjustifiable hardship"). A person with a disability has every right to complain when they are
discriminated against because a place used by the public is inaccessible.
If adjustments cause hardship it is up to the organisation to show that they are unjustified.

18.1
18.1 Provision policy new commercial developments, or as commercial areas are redeveloped, it is
a development condition that public-access toilets be provided and maintained by the body
corporate managers of the center

18.2 Related Codes of Practice and Guidelines

The Federal Disability Discrimination Act (D.D.A.) makes disability discrimination against the law
in many areas of life.
This includes provision of services of a kind provided by government. All governments in Australia
- Commonwealth, State, Territory and local government - have responsibilities under the D.D.A

5
https://www.humanrights.gov.au/our-work/disability-rights/guides/brief-guide-disability-discrimination-act

Prepared by Adrienne Ellul B.Scs. &PG Dip (Psychology): M. Crim (Def)

&Juris Doctor (Def), Operation Angel on Behalf of Gina Swannell
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18.2.2 Industry Standards

AS/NZS 1680.0 Interior Lighting-Safe Movement, Standards Australia.
18.23 ACT Crime Prevention and Urban Design Resource Manual, Planning and Land
Management, ACT Department of Urban Services, Canberra, 2000.
Sharps Policy, Canberra Urban Parks and Places, available online: 6

18.3

18.3.1 General design principles Public toilets should be designed to provide maximum visibility
AS1428.2 Designprivacy.
while maintaining for Access and Mobility
They should have clearPart 1. Enhanced
exterior ad additional
signage compliant with Australian
Standard AS 1428
requirements, buildings and facilities
18. 3.1 General design principles Public toilets should be designed to provide maximum
************************
visibility while maintaining privacy. They should have clear exterior signage compliant with
NOTE: There has been concernsAustralianto not onlyStandard
disabilityAS 1428 but also public health risks.
persons,
These concerns relate to the environment surrounding the facility when individuals cannot use the
facility and have to urinate or defecate in the external surrounds of the facility because they are
unable to make it to the Public toilet in the local Park opposite the Jetty Store. Legislation below
relates to these concerns and is governed by the department of Environment and heritage
protection

************************
Public Health Act
Part 5-Chapter 2 Environmental Health [s 47]
Environmental health events Division

Definition 47 Meaning of environmental health event

(1) An environmental health events is an event involving human exposure to a substance or other
thing that is known to have or is reasonably suspected of having, an adverse effect on human
health.

[S 61]. Regulations about public health risks

(2) Exposure may happen in connection with— (a)a single identifiable event; or Example of a single
identifiable event- Sharps /Blood born disease exposure and or Fecal matter exposure

6
http://www.parksandplaces.act.gov.au

Prepared by Adrienne Ellul B.Scs. &PG Dip (Psychology): M. Crim (Def)

&Juris Doctor (Def), Operation Angel on Behalf of Gina Swannell
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NOTE: There has been however, a number of Agencies to whom tend to blame or point the
responsibility of the Duty of Care to other Agencies. It is imperative that the above events do not
occur. Within the Environmental Health Act it is essential that all parties involved in the building
and maintenance of Public amenities and associated areas must ensure--
(c) Measures to prevent health risks
2.A regulation made under this section must state whether the regulation is to be administered and
enforced by-
(a) the state only, or
(b) Local government

Legislation relates to environmental health risks that include and not exclusive to the
public
I.e., Government agencies, Corporations etc.
2.1 Identification of offender(s) 7
In determining who was responsible for an offence, the department will take the following considerations into account:
Who was primarily responsible for the offence, that is:
o who committed the act;
2.3 Corporate liability
Corporations as well as individuals can be liable for offences against legislation. Where an offence is committed by
employees, agents or officers of a corporation in the course of their employment, proceedings will usually be
commenced against the corporation. Where, however, the offence has occurred because the employee, agent or
officer has committed an offence of their own volition, outside the scope of their employment or authority,
proceedings may be instituted against the employee, agent or officer and not against the corporation. Another factor
which will be considered is the existence and effective implementation of any training and compliance programs of the
corporation.

2.4 Liability of employees and contractors

Employees' obligations under the department’s legislation cannot be overridden by an instruction from their
employer—it is not a defence for an employee to assert that he or she was acting under direction from a supervisor,
although this may be a consideration and a mitigating factor in sentencing or choice of appropriate enforcement action.
This principle equally applies to contractors. Therefore, the guiding principle in deciding whether to pursue an
employee or a contractor is their degree of culpability or responsibility

2.5 Liability of directors and executive officers

Most of the legislation administered by the department contains provisions extending liability for offences committed
by a corporation to its executive officers.
When determining whether to take enforcement action against an executive officer in accordance with such a
provision, the key consideration will be whether the person had actual control or influence over the conduct of the
corporation in a relevant respect. As a general policy, the department will take enforcement action under the executive
officer liability provisions only where evidence links the person with the corporation’s illegal activity. That evidence will
need to show, for example, that the executive officer:

7
https://environment.des.qld.gov.au/management/pdf/enforcement-guidelines.pdf

Prepared by Adrienne Ellul B.Scs. &PG Dip (Psychology): M. Crim (Def)

&Juris Doctor (Def), Operation Angel on Behalf of Gina Swannell
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- intended to engage in the action or omission;

-was negligent or reckless with respect to the action or omission;
-intended to deceive the department; or
-failed to monitor or periodically assess and manage risks associated with the corporation’s relevant activities or review
supporting systems and programs.

2.8 Liability of government agencies

The legislation administered by the department binds all persons, including government agencies. The decision to take
enforcement action against a government agency will depend on whether to do so is in the public interest. The
department acknowledges that there are two competing factors:
That legislation administered by the department applies equally to both the private and public sectors, and the public
has an expectation that both sectors will be treated equally.
That it is the taxpayer who bears both the costs of a prosecution and ultimately any penalty imposed upon a public
authority.

3.1 Determining seriousness of a breach of legislation

The department determines the seriousness of a breach of legislation by reference to three general considerations:
The objectives of the relevant legislation including the type of impact the offence provision is designed to deter or
prevent.
The actual or potential impact of the offence.
The level of culpability of the alleged offender.

The seriousness of the breach of the legislation will inform the decision on the appropriate enforcement action taken
in response to the offence. This guideline sets out five levels of seriousness for breaches of legislation: low, minor,
moderate, major, and serious. Outlined below are some criteria which can be used to assist the department in
assessing the level of seriousness of a breach. The tables below regarding the impacts of the offence and the level of
culpability of the alleged offender indicate the way the level of seriousness may be determined for each of these
considerations. The final assigned level of seriousness of the breach will balance each of these considerations.

3.1.2 Impact
The impact of an offence can be characterised by reference to the effects or consequences of the offence and
also by reference to the act or omission the offence provision has been designed to prevent or deter (see the objectives
of the legislation discussed above).
To determine the level of impact, for example for the offence of contravention of an environmental authority
condition, reference may be made to the level and extent of impact on the environment resulting from the breach.
Similarly, the level of impact of an offence involving unauthorised works on a heritage place may be measured by the
level and extent of impact to the building, structure or place. For conservation offences, the level of impact may be
measured both by the impact on the specific wildlife or protected area involved, and by reference to impacts or
potential impacts on the species or protected area.

3.1.3 Culpability
Culpability refers to the blame and responsibility of the alleged offender for the alleged offence. Three levels of
culpability have been developed which, along with the levels of impact, will assist the department in classifying the
seriousness of an alleged offence and therefore determine the appropriate enforcement response (refer to Table 2 –
Criteria to be considered in determining culpability of alleged offender). Again, if an alleged offender has satisfied
criteria across a range of the levels, the most serious category will be assigned

Prepared by Adrienne Ellul B.Scs. &PG Dip (Psychology): M. Crim (Def)

&Juris Doctor (Def), Operation Angel on Behalf of Gina Swannell
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Breach of Legislation Enforcement Guidelines8

Culpability of Offences9

8
https://environment.des.qld.gov.au/management/pdf/enforcement-guidelines.pdf
9
https://environment.des.qld.gov.au/management/pdf/enforcement-guidelines.pdf

Prepared by Adrienne Ellul B.Scs. &PG Dip (Psychology): M. Crim (Def)

&Juris Doctor (Def), Operation Angel on Behalf of Gina Swannell
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Public Interest Considerations10

………………………………………………………………………………………..
As with all Government agencies there is a protocol and policies to follow. These are often given to
agents of theses agencies to implement and or follow to ensure their service to the community and
workplace is met at the highest of standards and requirements of the organisation. One example is
the Queensland transport and main roads (TMR). See an example below of the infrastructure
manual that is expected to be implemented when servicing the community and other agencies.
These policies include rules that are implemented for both the agency employers/employees and
the public and must be adhered to, including the transport standards of…….
The Disability (Access to Premises-Buildings) Standards 2010 The Transport Standards
The Disability Standards for Accessible Public Transport 2002 (DSAPT)

1.1 PTIM Public Transport Infrastructure Manual

STRUCTURE11
Amenity
Provision of a comfortable, interesting, high-quality environment, including:

10
https://environment.des.qld.gov.au/management/pdf/enforcement-guidelines.pdf
11
https://www.tmr.qld.gov.au/business-industry/Technical-standards-publications/Public-transport-
infrastructure-manuals.aspx

Prepared by Adrienne Ellul B.Scs. &PG Dip (Psychology): M. Crim (Def)

&Juris Doctor (Def), Operation Angel on Behalf of Gina Swannell
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• high quality (visually-appealing) finishes that are durable, self-cleaning, vandal resistant and easy to
maintain
• use of materials and finishing consistent with those in adjacent public transport facilities
• interesting internal and external views from paths
• quality textured landscapes and architecture
• public art and community literacy elements where applicable

Bus station
A high-quality passenger transport facility that acts as a central departure and/or destination point to
accommodate high passenger volumes
Equivalent access
A process, often involving the provision of direct assistance, under which an operator or provider is
permitted to vary the equipment or facilities that give access to a public transport service, so long as an
equivalent standard of amenity, availability, comfort, convenience, dignity, price and safety is maintained.
Functional station design
Fundamental design objectives which define how a station should function and operate/perform (with
emphasis on the spatial relationship between human to human and human to built environment interaction)
to satisfy the requirements of the intended customer (i.e. the passenger) and the TransLink network.
Stand Alone Card Interface Device (SACID)
An electronic device (usually placed at the entry/exit and key decision points of stations) used by passengers
to validate a go card at the commencement and end of their trip so that their trip fare can be calculated.
The Premises Standards
The Disability (Access to Premises-Buildings) Standards 2010 The Transport Standards
The Disability Standards for Accessible Public Transport 2002 (DSAPT)
TransLink
TransLink is a division within the department of Transport and Main Roads

…………………………………………………
NOTE: It appears that the transport Hub including the public toilets are the
responsibility of Translink and TMR as both are interconnected. Translink is a
subdivision of TMR, and as above should be facilitated and maintained by the TMR
manual.

Prepared by Adrienne Ellul B.Scs. &PG Dip (Psychology): M. Crim (Def)

&Juris Doctor (Def), Operation Angel on Behalf of Gina Swannell
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Protecting SMBI community , Residents and Consumers through CCTV and

Security.

NOTE: The Redland Bay Marina car park area seems to be overseen by Redland City Council
(RCC) and may not parallel areas such as the Gold Coast and Brisbane. However, the number of
criminal damages affecting the SMBI resident’s and worker’s cars in the car park at the Ferry
terminal and surrounds are subjected to horrendous vandalism and theft. This has the residents
fearful of leaving their cars overnight and to be in the areas after hours. Leaving them asking the
question…
Who is liable for the damage to their personal property in this Public space. And those who are
responsible, what strategies have the caretakers (RCC) implemented strategies to reduce or
eliminate the likelihood of criminal/ willful damage in these unmonitored and unsecured areas?
There has been a mention of CCTV Cameras sitting in storage for over 12 months to be
positioned at the Marina, but no action/ follow through has been completed.
Research was conducted by the Australian Institute of Criminology(AIC)12 inviting councils
australia wide and it was found…..

RESEARCH

Research involved a national online survey of local councils in Australia, conducted in

mid-2014. An invitation to participate in the survey was sent to all 561 councils in each
state and territory (with the exception of the ACT) via a letter to the CEO and an email
to the front desk or generic council email address. Several reminder emails were sent
encouraging councils to participate in the research, and incentives were offered to
participants. The survey was open for approximately six weeks between May and June
2014.

A total of 221 councils completed the survey by the end of the data collection period, a
response rate of 39 percent

12
https://aic.gov.au/

Prepared by Adrienne Ellul B.Scs. &PG Dip (Psychology): M. Crim (Def)

&Juris Doctor (Def), Operation Angel on Behalf of Gina Swannell
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Reasons for not installing CCTV

CCTV Funding And Expenditure

Prepared by Adrienne Ellul B.Scs. &PG Dip (Psychology): M. Crim (Def)

&Juris Doctor (Def), Operation Angel on Behalf of Gina Swannell
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NOTE: In recent years a large increase in the amount of funding available to local government to
install CCTV has been offered as part of competitive grant programs managed by both national
and state and territory governments. For example, at the Commonwealth level, since 2007 funding
for local government CCTV (along with other initiatives) has been offered as part of the National
Community Crime Prevention Programme (NCCPP), Proceeds of Crime Act (POCA) funding
program, Safer Suburbs, Secure Schools and, most recently, Safer Streets.

The National Community Crime Prevention Programme was established in 2004 and closed on 30
June 2008. It provided $65.5 million over four years ...

…………………………………………………
The13 best available research consistently suggests that CCTV has no effect on violent crime. Better
results have been found for its ability to prevent property crime, particularly vehicle crime.
Promising future for CCTV and Crime prevention

The Coalition14 has promised to establish a $40 million Safer Communities Fund if re-elected at
the July Federal election. The fund will support community efforts that use preventative measures
to tackle crime and anti-social behaviour to keep Australians safe.

The $40 million Safer Communities Fund will consist of two streams:

• Stream one will boost the efforts of identified local governments and community
organisations to address crime and anti-social behaviour by funding crime prevention
initiatives (such as fixed and mobile CCTV and lighting).
• Stream two will boost efforts to protect schools, pre-schools and community organisations
that are facing security risks associated with racial or religious intolerance.

The new fund will follow a previous $50 million commitment over three years into the Safer
Streets Programme funding that assists local communities to implement strategies to enhance
community safety and security, both in real terms by reducing street crime, violence and antisocial
behaviour and through increased perception of safety in the community.

The Coalition's policy for a Safer Communities Fund is available at this link.

13
CCTV as a Crime Prevention Measure https://aic.gov.au/publications/crm/crm018
14
Federal government funding for local government crime prevention strategies CCTVs
https://alga.asn.au/?ID=14378

Prepared by Adrienne Ellul B.Scs. &PG Dip (Psychology): M. Crim (Def)

&Juris Doctor (Def), Operation Angel on Behalf of Gina Swannell
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Increase In Vehicle crime 2013 to 201815

Other Regions-
Gold Coast Safety Camera Network

The City of Gold Coast’s safety camera

network was established in 1998 to support a
safer environment for those who visit, live
and work in the city. The safety camera
network has grown significantly and now
includes 252 cameras operating throughout
the city. Cameras are monitored 24 hours a
day, seven days a week by licensed operators
within a central control room. Areas
monitored by the Safety Camera Network are
clearly signed. The City has a fleet of mobile
cameras that are temporarily deployed throughout the Gold Coast in response to issues of
community concern. Mobile cameras are used to record and monitor public safety issues such as
vehicle hooning, graffiti and anti-social behaviour. The mobile cameras can also be deployed to
enhance patron safety at large events and for disaster recovery. Information captured can be
provided to Queensland Police Service to assist them in investigations.

15
QPS Regional and District Crime Statistics
https://www.police.qld.gov.au/rti/published/about/crime+statistics.htm

Prepared by Adrienne Ellul B.Scs. &PG Dip (Psychology): M. Crim (Def)

&Juris Doctor (Def), Operation Angel on Behalf of Gina Swannell
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Eg. Broadbeach Map of CCTV Cameras

Criminal activity- Gold Coast Vs South Brisbane Districts Queensland16

South Brisbane Queensland

16
https://mypolice.qld.gov.au/goldcoast/queensland-crime-statistics/

Prepared by Adrienne Ellul B.Scs. &PG Dip (Psychology): M. Crim (Def)

&Juris Doctor (Def), Operation Angel on Behalf of Gina Swannell
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Gold Coast Queensland

Prepared by Adrienne Ellul B.Scs. &PG Dip (Psychology): M. Crim (Def)

&Juris Doctor (Def), Operation Angel on Behalf of Gina Swannell
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NOTE: Even though the land areas and General crime on the Gold coast is larger than the
Brisbane south Police areas, the vehicle entry crime is close to on-par between both regions.
Population must be considered; however, the Gold Coast does appear to have a greater population
density level in its region. The Estimated Resident Population of Gold Coast City was 591,356 as of
the 30th June 2017

Prepared by Adrienne Ellul B.Scs. &PG Dip (Psychology): M. Crim (Def)

&Juris Doctor (Def), Operation Angel on Behalf of Gina Swannell
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Conclusion
Presenting this above report regarding SMBI resident’s ethical and legal
stance regarding the need to fight for our human rights will hopefully motivate our
mainland caretakers (Council and State government) to be more sympathetic to our
needs and rights to request further investigation and implementation of
infrastructure, safety and quality of lifestyle. We want to be heard. To be taken
seriously, and to make a difference. We are reasonably positive that our immediate
request regarding a working toilet and better internal toilet lighting at the mariner will
be attended to as this is an automatic Human right17 . Currently the QLD Gov has a
tabled Bill to introduce Human rights legislation. Let us hope that includes us SMBI
residents in future decision making regarding our wellbeing.
“11 Who has human rights (1) All individuals in Queensland have human rights”
………Human Rights Bill 2018 QLD

However, our confidence in decisions for CCTV camera installation (an

ongoing, numerous year battle) at the Mariner is not so solid and hope you can give
greater transparency as to an outcome regarding this matter.
There are numerous fights for betterment across different residents and their
opinion of the grade of importance of those changes to the SMBI. And at times we
are made to feel like whiners, yet we see many other districts receiving great
improvements and timeline consistency to upgrades. This is not so on our beloved
islands.

17
https://www.parliament.qld.gov.au/Documents/TableOffice/TabledPapers/2018/5618T1767.pdf

Prepared by Adrienne Ellul B.Scs. &PG Dip (Psychology): M. Crim (Def)

&Juris Doctor (Def), Operation Angel on Behalf of Gina Swannell