Bentley Hospital By-laws 2001 00-c0-01 Xml

Western Australia

Hospitals and Health Services Act 1927

Bentley Hospital By-laws 2001

Part 1 — Preliminary

1.Citation

These by-laws may be cited as the Bentley Hospital By‑laws 2001.

2.Interpretation

(1)In these by‑laws, unless the contrary intention appears —

authorised person means an officer or servant of the board authorised in writing by the chief executive officer for the purpose of these by‑laws;

chief executive officer means the person in charge of the day to day management of the affairs of the Bentley Hospital;

driver, in relation to a vehicle, includes a rider;

parking facility means land or a structure on the site that contains a parking space;

parking space means a section whether in a parking facility or not that is marked by means of painted lines or metallic studs or similar devices for the purpose of indicating where a vehicle may be parked, whether or not a permit is required in relation to the parking of the vehicle;

permit means a permit issued under by‑law 16;

registered owner in relation to a vehicle means the person who is the holder of the vehicle licence issued under the Road Traffic Act 1974 in respect of the vehicle;

roadway means a part of the site set aside for use by vehicular traffic, notwithstanding that it may not be a road within the definition of the Road Traffic Act 1974, but excludes a parking facility;

sign means a marking, notice, or sign that is marked, erected, or displayed by or with the authority of the chief executive officer;

speed restriction sign means a sign, in or adjacent to a roadway or a parking facility, that displays a number;

the site means all of the land from time to time within lot 4196 on Part Reserve 43211 and lot 7 on Part Reserve 32081;

vehicle has the same definition as in the Road Traffic Act 1974.

(2)A reference in these by‑laws to permission is a reference to permission that is —

(a)given by the chief executive officer or an authorised person;

(b)in writing; and

(c)obtained and not revoked prior to the performing of the act that is the subject of the permission.

(3)An officer or servant of the board is to be treated as having the permission referred to in sub‑bylaw (2).

Part 2 — Trespass and order

3.No entry without cause

A person is not to enter or remain on the site without a reasonable excuse.

Penalty: $50.

4.Directions as to use of certain areas

(1)An authorised person may, by means of a sign, direct that a specified part of the site is open to members of the public or a specified section of the public.

(2)A direction under this by‑law may be made subject to specified conditions.

(3)The chief executive officer may cancel or vary a direction or condition under this by‑law.

(4)In this by‑law, specified means specified in the sign containing the direction.

(5)A person must not contravene a direction under this by‑law.

Penalty: $50.

5.Liquor

A person must not bring alcoholic beverage onto the site, unless the person has permission to do so.

Penalty: $50.

6.Smoking

A person must not smoke on the site.

Penalty: $50.

[By-law 6 inserted in Gazette 12 Feb 2008 p. 339‑40.]

7.Disorderly persons may be removed from site

A person who —

(a)uses abusive language; or

(b)behaves indecently,

on the site, whether in a building on the site, or otherwise, may be discharged or expelled from the site.

Part 3 — Traffic control

Division 1 — Driving and use of vehicles

8.Driving of vehicles

(1)A person must not drive or bring a vehicle onto a part of the site that is not a roadway or a parking facility, unless the person has permission to do so.

(2)A person must not drive or bring a vehicle that has an unladen weight of more than 4 tonnes onto the site, unless the person has permission to do so.

(3)A person must not drive, use, or stand a vehicle in a part of the site contrary to a direction in a sign that relates to that part of the site.

(4)Sub‑bylaw (1), (2), or (3) does not apply to a vehicle that is an emergency vehicle.

Penalty applicable to sub‑bylaw (1), (2), or (3): $50.

9.Driver to obey reasonable direction

The driver of a vehicle is to obey an authorised person’s reasonable direction in relation to the parking or movement of the vehicle on the site, despite that direction being different from a direction in a sign.

Penalty: $50.

10.Speed limits

(1)A person must not drive a vehicle on a roadway or parking facility —

(a)if no speed restriction sign is displayed, at a speed exceeding 30 kilometres an hour; or

(b)if a speed restriction sign is displayed in relation to a part of a roadway or parking facility, at a speed exceeding the speed indicated by the speed restriction sign.

Penalty: $50.

(2)Sub‑bylaw (1) does not apply to the driving of an emergency vehicle.

11.Giving way

The driver of a vehicle that is entering or about to enter a parking facility is to give way to a vehicle that is leaving the parking facility.

Penalty: $50.

12.No instruction or repairs on site

A person must not —

(a)drive a vehicle on the site for the purpose of giving or receiving driving instructions; or

(b)repair or adjust a vehicle on the site, except in an emergency.

Penalty: $50.

Division 2 — Parking

13.Parking to be in parking spaces only

A person must not park a vehicle on the site unless the vehicle is parked in a parking space.

Penalty: $50.

14.Signs to be obeyed

A person must not park, stand, or move a vehicle on the site contrary to a direction in a sign.

Penalty: $50.

15.Parking in parking spaces

(1)A sign may contain a direction that parking in a parking space, parking facility, or part of a parking facility is set aside for —

(a)a specified vehicle or specified class of vehicle;

(b)the vehicle of a specified person or specified class of persons;

(c)parking of vehicles for a specified period of time;

(d)parking of vehicles for a maximum period of time as is specified; or

(e)vehicles that display a specified permit in a specified position on the vehicle.

(2)In this by‑law, “specified” means specified in a sign.

(3)A person must not park, stand, or move a vehicle in a parking space or a parking facility contrary to a direction in a sign.

Penalty: $50.

(4)Without limiting sub‑bylaw (3), a person must not park a vehicle in a parking space, parking facility, or part of a parking facility set aside for vehicles displaying a specified permit unless the person is the holder of the specified permit that is current.

Penalty: $50.

16.Permit

(1)A person who wishes to obtain a permit to park a vehicle on the site is to apply to the chief executive officer or an authorised person.

(2)An application under sub‑bylaw (1) is to be in a form approved by the chief executive officer or an authorised person.

(3)The chief executive officer or the authorised person to whom the application under sub‑bylaw (1) is made, may issue to the applicant, a permit that allows the applicant to park a vehicle on the site.

(4)A permit may be of general application or be issued —

(a)to allow a specified vehicle only to be parked;

(b)to allow a vehicle of a specified person or class of persons only to be parked;

(c)to allow a vehicle of a specified class only to be parked;

(d)to allow a vehicle to be parked only in a specified part of the site; or

(e)to allow a vehicle to be parked for a specified period of time only.

(5)A permit expires on the day specified in the permit.

(6)The chief executive officer or an authorised person may cancel a permit if —

(a)a vehicle in respect of which the permit is issued is parked on the site in contravention of —

(i)these by‑laws; or

(ii)the terms of the permit;

(b)a person to whom the permit is issued —

(i)contravenes these by‑laws; or

(ii)ceases to be in the category of persons to whom a permit may be issued.

(7)In this by‑law, specified means specified in the relevant permit.

(8)A person must not park a vehicle on the site in an area that has been set aside for permit holders only, without a current permit to do so.

Penalty: $50.

Part 4 — Infringement notices

17.Interpretation

In this Part —

alleged offender includes the registered owner of a vehicle to which an infringement notice is attached;

infringement notice means an infringement notice under by‑law 18;

modified penalty means a penalty prescribed in Schedule 1 for an offence under Part 3 or 4.

18.Infringement notices

(1)An authorised person who has reason to believe that a person has committed an offence under Part 3 or this Part may, within 21 days after the alleged offence is believed to have been committed, give an infringement notice to the alleged offender.

(2)An infringement notice may be given to an alleged offender by delivering it to the alleged offender or by attaching it to the vehicle involved in the commission of the alleged offence.

(3)An infringement notice is to be in the form of Form 1 in Schedule 2 and in every case, is to —

(a)contain a description of the alleged offence; and

(b)advise that if the alleged offender does not wish to have a complaint of the alleged offence heard and determined by a court, the amount of money specified in the notice as being the modified penalty for the offence may be paid to the cashier of the Bentley Hospital or an authorised person, within a period of 28 days after the giving of the notice.

(4)In an infringement notice the amount specified as being the modified penalty for the offence referred to in the notice is to be the amount that was the modified penalty at the time the alleged offence is believed to have been committed.

(5)An authorised person other than the authorised person who issued an infringement notice in a particular case, may extend the period of 28 days within which the modified penalty may be paid and the extension may be allowed whether or not the period of 28 days has elapsed.

(6)If the modified penalty specified in an infringement notice has been paid within 28 days or such further time as is allowed and the notice has not been withdrawn, the bringing of proceedings and the imposition of penalties are prevented to the same extent as they would be if the alleged offender had been convicted by a court of, and punished for the alleged offence.

(7)Payment of a modified penalty is not to be regarded as an admission for the purposes of any proceedings, whether civil or criminal.

19.Withdrawal of infringement notice

(1)An authorised person other than the authorised person who issued an infringement notice in a particular case, may, whether or not the modified penalty has been paid, withdraw an infringement notice by delivering to the alleged offender a notice in the form of Form 2 in Schedule 2 stating that the infringement notice has been withdrawn.

(2)If an infringement notice is withdrawn after the modified penalty has been paid, the amount is to be refunded.

20.Authorised person to have certificate

The chief executive officer is to issue to each authorised person who may issue infringement notices, a certificate stating that the person is so authorised, and the authorised person is to produce the certificate whenever required to do so by a person to whom the authorised person has given or is about to give an infringement notice.

21.Authorised persons only to endorse and alter infringement notices

A person must not endorse or alter an infringement notice unless the person is an authorised person.

Penalty: $50.

22.Restriction on removal of infringement notices

A person must not remove an infringement notice that is attached to a vehicle unless the person is —

(a)the driver, registered owner, or person in charge of the vehicle; or

(b)an authorised person.

Penalty: $50.

Part 5 — General

23.Removal of vehicles

(1)The chief executive officer or an authorised person may order that a vehicle that —

(a)is parked in contravention of these by‑laws; or

(b)has been left on the site for more than 3 days,

be removed to a storage place on the site.

(2)The chief executive officer or an authorised person may order that a vehicle that —

(a)is parked in contravention of these by‑laws; and

(b)is obstructing other vehicles or activities of the Bentley Hospital,

be removed immediately to a storage place on the site.

(3)An authorised person may take such action as is reasonably necessary for the purposes of removing a vehicle under this by‑law, by way of unlocking, driving, towing, or otherwise causing the removal of the vehicle.

(4)The board may retain possession of a vehicle removed and stored under this by‑law until the owner of the vehicle has paid to the cashier of the Bentley Hospital or an authorised person, fees to recover the vehicle at the rate of $50 for the first 24 hours or part thereof and $5 for each 7 days or part thereof thereafter.

24.Registered owner may be treated as being driver or person in charge of vehicle at time of offence

(1)If an offence under these by‑laws is alleged to have been committed by the driver or person in charge of a vehicle, the chief executive officer or an authorised person may, by written notice delivered to the registered owner of the vehicle, request the name and address of the driver or person in charge of the vehicle at the time the offence is alleged to have been committed.

(2)If the registered owner of the vehicle does not supply the requested details to the chief executive officer or the authorised person (as the case may be) within 14 days of the date of receipt of the notice, the registered owner is to be treated as being the driver or the person in charge of the vehicle at the time the offence is alleged to have been committed.

25.Other offences

A person must not —

(a)intentionally obstruct an officer or servant of the board in the discharge of his or her duty under these by‑laws; or

(b)remove, damage, deface, or misuse a sign.

Penalty: $50.

Schedule 1 — Infringement Notices and Modified Penalties

[bl. 17]

By‑law	Description of offence	Modified Penalty $
8(1)	Driving or bringing vehicle on part of site other than on roadway or parking facility, without permission	40
8(2)	Driving or bringing onto the site, a vehicle with an unladen weight of more than 4 tonnes, without permission	20
8(3)	Driving, using, or standing on part of site, a vehicle contrary to a sign	40
9	Disobeying an authorised person’s reasonable direction	20
10(1)(a)	Driving in excess of 30 kph	40
10(1)(b)	Driving in excess of speed limit indicated by speed restriction sign	40
11	Failing to give way when entering parking facility	20
12(a)	Driving on site for the giving or receiving of driving instruction	20
12(b)	Repairing or adjusting a vehicle on site	10
13	Parking a vehicle on site not in a parking space	40
14	Failing to obey a stop sign on site	45
14	Parking, standing, or moving a vehicle on site contrary to a sign other than a stop sign	40
15(3) & 15(1)(b)	Parking in an area on site set aside for vehicles of disabled persons identified in the manner specified in a sign, contrary to the sign	45
15(3) & 15(1)(e)	Displaying a permit in a manner other than that specified in a sign	10
15(3) & 15(1)(e)	Failing to display a permit, contrary to a sign	20
15(3)	Parking, standing, or moving a vehicle in a parking space or parking facility contrary to a sign in relation to vehicles of disabled persons or contrary to any sign other than sign with a direction under by‑law 15(1)(e)	40
16(8)	Parking in an area on the site set apart for permit holders only, without a current permit	30
21	Unauthorised person endorsing or altering an infringement notice	20
22	Removing an infringement notice when not authorised to do so	20

Schedule 2 — Forms

[bls. 18(3) and 19]

Form 1

Hospitals and Health Services Act 1927

Bentley Hospital By‑laws 2001

INFRINGEMENT NOTICENo..............

Date of service .... / .... / ......

TO: THE OWNER / DRIVER / PERSON IN CHARGE OF VEHICLE

MAKE ................................................ TYPE .....................................................

PLATE NO. ........................................... COLOUR..............................................

IT IS ALLEGED THAT AT ABOUT ....... HRS ON THE ............ DAY OF ...............,

YOU CONTRAVENED THE BY‑LAW SPECIFIED AND BRIEFLY DESCRIBED AS FOLLOWS:

..............................................

Authorised person

BY‑LAW NO. ......................................................................................................

DESCRIPTION OF OFFENCE ..............................................................................

....................................................................... ....................................................

MODIFIED PENALTY ..........................................................................................

You may dispose of this matter either —

(a)by paying the modified penalty within 28 days of the date you received this notice, or such further time as an authorised person allows, to the Cashier Bentley Hospital or an authorised person, Bentley Hospital; or

(b)by having it heard and determined by a court.

If the modified penalty is not paid within the period referred to above, court proceedings may be taken against you. If convicted, you may be liable to a penalty not exceeding $50.

Payment of the modified penalty is not to be regarded as an admission for the purposes of any proceedings, whether civil or criminal. Retain the receipt for proof of payment.

Date ......./......./........

Received from ...............................................................................................….

of.........................................................................................................................

the sum of $............. in payment of the modified penalty referred to above.

…………………………………………….

Authorised person

Form 2

Hospitals and Health Services Act 1927

Bentley Hospital By‑laws 2001

WITHDRAWAL OF INFRINGEMENT NOTICE

Date .... / .... / ......

To: …………………………………………………………………………..

of ……………………………………………………………………………

Infringement notice No. ................. served on you on the .... day of.............. , ……….....

for the alleged offence of ……………………………………………………..

…………………………………………………………………………………

is hereby withdrawn and no further action will be taken against you in respect of the alleged offence.

If you have paid the modified penalty before receiving this notice, the amount of the payment will be refunded to you on presentation of the receipt issued by the cashier or an authorised person of the Bentley Hospital for the payment.

…………………………………………….

Authorised person

Notes

1This is a compilation of the Bentley Hospital By-laws 2001 and includes the amendments made by the other written laws referred to in the following table 1a.

Compilation table

Citation	Gazettal	Commencement
Bentley Hospital By-laws 2001	21 Dec 2001 p. 6521-39	21 Dec 2001
Bentley Hospital Amendment By‑laws 2008	12 Feb 2008 p. 339‑40	bl. 1 and 2: 12 Feb 2008 (see bl. 2(a)); By-laws other than bl. 1 and 2: 13 Feb 2008 (see bl. 2(b))

1aOn the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.

Provisions that have not come into operation

Citation	Gazettal	Commencement
Bentley Hospital Amendment By‑laws 2010 bl. 3-5 2	26 Nov 2010 p. 5935-6	1 Jan 2011 (see bl. 2(b))

2On the date as at which this compilation was prepared, the Bentley Hospital Amendment By-laws 2010 bl. 3-5 had not come into operation. They read as follows:

3.By-laws amended

These by-laws amend the Bentley Hospital By‑laws 2001.

4.By‑law 16 amended

Delete by‑law 16(2) and insert:

(2)An application under sub‑bylaw (1) —

(a)is to be in a form approved by the chief executive officer or an authorised person; and

(b)is to be accompanied by a fee of $2.00 per week for the period for which the permit is sought.

5.By‑law 18 amended

In by‑law 18(3)(b) delete “a complaint of”.