{{Short description|New South Wales legislation about public libraries}} {{Use Australian English|date=December 2025}} {{Use dmy dates|date=December 2025}} {{italictitle}} {{more categories|date=December 2025}} The '''''Library Act 1939''''' is a piece of legislation in New South Wales, Australia. It was passed by the New South Wales parliament in 1939 but not enacted until 1944, after being postponed due to World War II priorities. The act outlines the responsibilities of local libraries and the rules they must abide by in order to receive state funding.

== Purpose == The purpose of the act is to encourage local government areas to create local public libraries. It is an agreement between the New South Wales state government and local councils who choose to adopt the act, that the state government will provide local councils with library funding if they agree to the rules set out in the act.<ref>{{Cite web |year=2013 |title=Regional Library Models Literature Review |url=https://www.uts.edu.au/globalassets/sites/default/files/regional-library-models-literature-review_final.pdf |website=University of Technology Sydney}}</ref>

The act is administered by the Library Council of New South Wales, via the State Library of New South Wales.<ref>{{Cite Legislation AU}|NSW|act|la193999|Library Act 1939|5}} (No. 40 of 1939)</ref>thumb|William Herbert Ifould, one of the writers of the original bill

== History == The act was written by Libraries Advisory Board towards the end of the free library movement. It was primarily written by William Herbert Ifould, John Metcalfem, Geoffrey Cochrane Remington and George Brain.<ref name=":3">{{Cite journal |last=Maguire |first=Carmel |date=2016-01-02 |title=Ifould, Remington and Metcalfe: three mostly wise men behind the New South Wales Library Act 1939 |url=https://www.tandfonline.com/doi/full/10.1080/00049670.2016.1126810 |journal=The Australian Library Journal |volume=65 |issue=1 |pages=41–49 |doi=10.1080/00049670.2016.1126810 |issn=0004-9670}}</ref> It was written in response to the 1934 Munn-Pitt report, which claimed that free public libraries in Australia were behind those in the United Kingdom and the United States of America, and recommended more effort be made to establish public libraries in every Local Government Area.<ref name=":0">{{Cite web |title=Lake Macquarie Library History: Library Act 1939 |url=https://history.lakemac.com.au/narrative/4038 |website=Lake Mac Libraries}}</ref> Critics argued that a Library Act was unnecessary, and that regulations for libraries should be included in a local government act instead.<ref name=":2">{{Cite journal |last=Jones |first=David J. |date=1995-01-01 |title=From Munn-Pitt to Library Act: Stimulating support for public libraries in New South Wales 1935–1939. Part 3: Troubled times |url=https://www.tandfonline.com/doi/abs/10.1080/00049670.1995.10755726 |journal=The Australian Library Journal |volume=44 |issue=4 |pages=225–236 |doi=10.1080/00049670.1995.10755726 |issn=0004-9670|url-access=subscription }}</ref>

The act was passed by the New South Wales Parliament on 3 November 1939.<ref name=":3" /><ref name=":0" /> It was expected that the act would be implemented within six months, on the 22nd December 1939, but it was put on hold with the outbreak of World War II.<ref name=":1">{{Cite journal |last=Jones |first=David J |date=2005-05-01 |title=Public library development in New South Wales |url=https://www.tandfonline.com/doi/abs/10.1080/00049670.2005.10721740 |journal=The Australian Library Journal |volume=54 |issue=2 |pages=130–137 |doi=10.1080/00049670.2005.10721740 |issn=0004-9670}}</ref> The Libraries Advisory Board canvassed for support from the Taxpayers Association, journalists, and business leaders. However, as World War II continued, library issues were not a priority.<ref name=":1" />

In 1943, NSW premier William McKell stated that the ''Library Act'' would take effect from 1 January 1944 at the official opening of a new Public Library of New South Wales (later the State Library) building.<ref name=":1" />

By the middle of 1945, 32 councils had adopted the act.<ref name=":2" /> More councils continued to adopt the act through the 1950s and 1960s, and libraries were established in rural areas throughout the 70s.<ref name=":1" />

== Ammendments ==

=== Section 10 === Section 10 of the act was amended by the ''Library (Amendment) Act 1992'' (No. 40 of 1992) to specify that membership, access to certain materials, delivery of books to those unable to get to a library, and reference services should be free of charge.<ref>[https://classic.austlii.edu.au/au/legis/nsw/num_act/la1992n40206.pdf Library (Amendment) Bill 1992 (NSW)]</ref>

The ''Statute Law (Miscellaneous Provisions) Act 2005'' also amended the ''Library Act 1939'', changing "book" to "library material" as non-print material became more common in libraries.<ref>{{Cite web |year=2008 |title=Guidelines for local government authorities |url=https://pls.sl.nsw.gov.au/sites/default/files/2024-03/guidelines_for_local_authorities.pdf |website=State Library of New South Wales}}</ref>

=== Section 12 === The ''Library Amendment Act 2011 (NSW)'' allowed libraries to work collaboratively rather than each library being only responsible for its own LGA.<ref>{{Cite journal |year=2013 |title=Regiona Library Models: Literature Review |url=https://www.uts.edu.au/globalassets/sites/default/files/regional-library-models-literature-review_final.pdf |journal=University of Technology Sydney}}</ref>

== Censorship == The act has been referenced in multiple discussions of censorship in libraries. When Cumberland City Council banned a book on same-sex parenting from Cumberland Libraries, they were accused by New South Wales Minister for Arts, John Graham of breaking the Library Council of NSW's Guideline on Freedom of Access of Information, which is issued under the powers granted by the Library Act 1939.<ref>{{Cite news |date=2024-05-08 |title=What's in the same-sex parenting book banned by Western Sydney councillors |url=https://www.abc.net.au/news/2024-05-08/same-sex-parenting-book-banned-from-libraries/103819476 |access-date=2025-05-12 |work=ABC News |language=en-AU}}</ref> This meant they were at risk of losing their state funding.<ref>{{Cite news |date=2024-05-15 |title=Protesters lash council over 'extremely homophobic' same-sex parenting book ban as decision reversed |url=https://www.abc.net.au/news/2024-05-15/western-sydney-council-vote-same-sex-book-ban/103851924 |access-date=2025-05-12 |work=ABC News |language=en-AU}}</ref>

The act was invoked during discussions about removing LGBT books from the children's section at Campbelltown Libraries<ref>{{Cite web |last=Kontos |first=Eric |date=2023-05-03 |title=Investigation into 'sexually explicit books' in council libraries |url=https://southwestvoice.com.au/sexually-explicit-books-libraries/ |access-date=2025-05-12 |website=South West Voice |language=en-US}}</ref> and sex education books in Wagga Wagga.<ref>{{Cite web |last=Roe |first=Chris |title=Welcome to Sex debate reignites with Wagga Library agreeing to move book from the junior section |url=https://regionriverina.com.au/welcome-to-sex-debate-reignites-with-calls-for-wagga-library-to-move-book-from-the-junior-section/41892/ |access-date=2025-05-12 |website=Region Riverina |language=en}}</ref>

==See also== * List of libraries in New South Wales

== References == {{reflist}}

Category:1939 in Australian law Category:Public libraries in Australia Category:Library law