Western Australia
Hospitals and Health Services Act 1927
Metropolitan Health Service By-laws 2008
Western Australia
Metropolitan Health Service By-laws 2008
CONTENTS
Part 1 — Preliminary
1.Citation2
2.Commencement2
3.Terms used in these by‑laws2
Part 2 — Behaviour on site
4.Smoking3
5.Disorderly persons may be removed from site3
Part 3 — Parking
6.Parking to be in parking spaces only4
7.Signs to be obeyed4
8.Parking in parking spaces4
9.Permit5
10.Refund of permit fees7
Part 4 — Infringement notices
11.Terms used8
12.Infringement notices8
13.Withdrawal of infringement notice9
14.Authorised person to have certificate9
15.Authorised persons only to endorse and alter infringement notices10
16.Restriction on removal of infringement notices10
Schedule 1 — Metropolitan Health Service sites
Schedule 2 — Fees
Schedule 3 — Infringement notices and modified penalties
Schedule 4 — Forms
Notes
Compilation table17
Western Australia
Hospitals and Health Services Act 1927
Metropolitan Health Service By-laws 2008
[Heading inserted in Gazette 26 Nov 2010 p. 5939.]
These by-laws come into operation as follows:
(a)by‑laws 1 and 2 — on the day on which these by‑laws are published in the Gazette;
(b)the rest of the by‑laws — on the day after that day 1.
In these by‑laws —
site means the site of —
(a)Graylands Selby‑Lemnos & Special Care Hospital; and
(b)Kalamunda District Community Hospital; and
(c)Rockingham General Hospital,
being the land described in Schedule 1.
[By-law 3 amended in Gazette 26 Nov 2010 p. 5939.]
[Heading inserted in Gazette 26 Nov 2010 p. 5939.]
A person must not smoke on the site.
Penalty: a fine of $50.
5.Disorderly persons may be removed from site
A person who —
(a)uses abusive language; or
(b)behaves in a manner that is indecent, disorderly or inappropriate,
on the site, whether in a building on the site, or otherwise, may be discharged or expelled from the site.
[Heading inserted in Gazette 26 Nov 2010 p. 5939.]
6.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: a fine of $50.
[By-law 6 inserted in Gazette 26 Nov 2010 p. 5939.]
A person must not park, stand or move a vehicle on the site contrary to a direction in a sign.
Penalty: a fine of $50.
[By-law 7 inserted in Gazette 26 Nov 2010 p. 5939.]
(1)In this by‑law —
specified means specified in a sign.
(2)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; or
(b)the vehicle of a specified person or specified class of persons; or
(c)parking of vehicles for a specified period of time; or
(d)parking of vehicles for a maximum period of time as is specified; or
(e)vehicles that display a visitor’s ticket or a specified permit in a specified position on the vehicle.
(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: a fine of $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 either a visitor’s ticket or a specified permit unless the person is the holder of the specified permit that is current or the person —
(a)has paid into a ticket vending machine the prescribed charge for parking the vehicle for the period of time during which the vehicle is parked; and
(b)displays, in accordance with any direction in the sign, the visitor’s ticket for that period of parking issued from the ticket vending machine.
Penalty: a fine of $50.
(5)For the purposes of sub‑bylaw (4), the prescribed charge is 60 cents for every hour or part of an hour.
[By-law 8 inserted in Gazette 26 Nov 2010 p. 5940.]
(1)In this by‑law —
specified means specified in the relevant permit.
(2)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.
(3)An application under sub‑bylaw (2) —
(a)is to be in a form approved by the chief executive officer; and
(b)is to be accompanied by the fee set out in Schedule 2 that corresponds to the type of permit for which the application is made.
(4)The chief executive officer may waive the fee under sub‑bylaw (3)(b) in a case where the chief executive officer believes that there are proper grounds for so doing.
(5)The chief executive officer or the authorised person to whom the application under sub‑bylaw (2) is made, may issue to the applicant, a permit that allows the applicant to park a vehicle on the site.
(6)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;
(e)to allow a vehicle to be parked for a specified period of time only.
(7)A permit expires on the day specified in the permit.
(8)The chief executive officer 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;
or
(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;
or
(c)a charge required to be paid in relation to the permit is not paid.
(9)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: a fine of $50.
[By-law 9 inserted in Gazette 26 Nov 2010 p. 5940‑1.]
(1)A fee paid in advance for a permit may be refunded in the manner set out in sub‑bylaw (2) to a person —
(a)who no longer wishes to use the permit; or
(b)whose employment at a site ends; or
(c)who is granted absence on —
(i)long service leave; or
(ii)other leave from employment at a site,
for a period of at least 4 consecutive weeks.
(2)The refund is to be —
(a)in the case of a person to whom sub‑bylaw (1)(a) or (b) applies, an amount in the same proportion to the amount of fee paid as is represented by the period of the permit that remains unexpired after the last day the person uses the permit or the last day of employment at a site (as the case may be), in proportion to the period for which the permit was issued; or
(b)in the case of a person to whom sub‑bylaw (1)(c) applies, an amount in the same proportion to the amount of fee paid as is represented by the period of leave in proportion to the period for which the permit was issued.
[By-law 10 inserted in Gazette 26 Nov 2010 p. 5942.]
[Heading inserted in Gazette 26 Nov 2010 p. 5942.]
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 12;
modified penalty means a penalty prescribed in Schedule 3 for an offence under Part 3 or this Part.
[By-law 11 inserted in Gazette 26 Nov 2010 p. 5942.]
(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 Schedule 4 Form 1, 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 Metropolitan Health Service, 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.
[By-law 12 inserted in Gazette 26 Nov 2010 p. 5942‑3.]
13.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 Schedule 4 Form 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.
[By-law 13 inserted in Gazette 26 Nov 2010 p. 5943.]
14.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.
[By-law 14 inserted in Gazette 26 Nov 2010 p. 5944.]
15.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: a fine of $50.
[By-law 15 inserted in Gazette 26 Nov 2010 p. 5944.]
16.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: a fine of $50.
[By-law 16 inserted in Gazette 26 Nov 2010 p. 5944.]
Schedule 1 —
[bl. 3]
Graylands Selby‑Lemnos & Special Care Hospital |
|
|
Lot 15061 on Deposited Plan 36844 |
Kalamunda District Community Hospital |
|
|
Lot 579 on Deposited Plan 180561 |
Rockingham General Hospital |
|
|
Lot 2285 on Diagram 42897 |
[Schedule 1 amended in Gazette 26 Nov 2010 p. 5944.]
[bl. 9(3)(b)]
[Heading inserted in Gazette 26 Nov 2010 p. 5944.]
Type of permit |
Fee |
All types of parking permit (per week or part of a week) at Graylands Selby Lemnos & Special Care Hospital |
$2.00 |
All types of parking permit (per week or part of a week) at Rockingham General Hospital |
$2.00 |
[Schedule 2 inserted in Gazette 26 Nov 2010 p. 5944.]
Schedule 3 — Infringement notices and modified penalties
[bl. 12]
[Heading inserted in Gazette 26 Nov 2010 p. 5945.]
By‑law |
Description of offence |
Modified penalty |
9(9) |
Parking in an area on site set apart for permit holders only, without a current permit |
30 |
15 |
Unauthorised person endorsing or altering an infringement notice |
20 |
16 |
Removing an infringement notice when not authorised to do so |
20 |
[Schedule 3 inserted in Gazette 26 Nov 2010 p. 5945.]
[bl. 12(3) and 13]
[Heading inserted in Gazette 26 Nov 2010 p. 5945.]
Form 1 — Infringement notice
Infringement notice |
Notice No. |
||
Hospital |
❑Graylands Hospital ❑Rockingham Hospital ❑Kalamunda Hospital |
||
Vehicle |
Make |
||
Model |
|||
Plate no. |
Colour |
||
Alleged offence |
Description of offence _____________________________________________
|
||
Metropolitan Health Service By‑laws 2008 bl. |
|||
Date //20Time a.m./p.m. |
|||
Modified penalty $ |
|||
Issuing officer |
Name |
||
Signature |
|||
Date ………/……../20……. |
|||
What you must do |
You have 28 days from when this notice was given to you to pay the modified penalty or elect to go to court. If you do not, enforcement proceedings will be taken against you. To pay the modified penalty — By post: Send your payment to — Metropolitan Health Service In person:Pay the cashier at Graylands Hospital, Rockingham Hospital or Kalamunda Hospital (as the case requires). To elect to go to court, sign this notice here ….……………………………………………………… then send it to the Chief Executive Officer of the Metropolitan Health Service, Hawthorn House, 100 Flinders Street, Mt Hawthorn WA 6016. Make sure you keep a copy. If you go to court and are convicted you may be fined $50 and ordered to pay costs. If enforcement proceedings are taken against you, your driver’s licence and/or vehicle licence may be suspended until you pay the modified penalty and expenses or you elect to go to court. |
||
[Form 1 inserted in Gazette 26 Nov 2010 p. 5945‑6.]
Form 2 — Withdrawal of infringement notice
Metropolitan Health Service By‑laws 2008 Withdrawal of infringement notice |
Notice No. |
|
To [Person to whom infringement notice was issued] |
Family name |
|
Other names |
||
Address |
||
|
||
Infringement notice |
Infringement notice no. |
|
Issued at:❑Graylands Hospital ❑Rockingham Hospital ❑Kalamunda Hospital |
||
Date of issue ………/……../20……. |
||
Alleged offence ………………………………………… ………………………………………………………….. |
||
Vehicle plate no. |
||
The infringement notice has been withdrawn. If you paid the modified penalty before the infringement notice was withdrawn, take your receipt and this notice to the cashier at Graylands Hospital, Rockingham Hospital or Kalamunda Hospital (as the case requires) and your payment will be refunded. |
||
Notice withdrawn by |
Name |
|
Signature |
||
Date ………/……../20……. |
||
[Form 2 inserted in Gazette 26 Nov 2010 p. 5946.]
1This is a compilation of the Metropolitan Health Service By-laws 2008 and includes the amendments made by the other written laws referred to in the following table.
Citation |
Gazettal |
Commencement |
Metropolitan Health Service By‑laws 2008 |
12 Feb 2008 p. 341‑2 |
bl. 1 and 2: 12 Feb 2008 (see bl. 2(a)); |
Metropolitan Health Service Amendment By‑laws 2010 |
26 Nov 2010 p. 5938-47 |
bl. 1 and 2: 26 Nov 2010 (see bl. 2(a)); |