Hospitals and Health Services Act 1927
Royal Perth Hospital By-laws 2009
Reprint 1: The by-laws as at 5 July 2013
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
1.Details about the original by-laws and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.
2.Transitional, savings, modifying or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.
3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the by-laws being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a by-law that was inserted, or has been amended, since the by-laws being reprinted were made, editorial notes at the foot of the
by-law give some history of how the by-law came to be as it is. If the by-law replaced an earlier by-law, no history of the earlier by-law is given (the full history of the by-laws is in the Compilation table).
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
·removed (because it was repealed or deleted from the law); or
·omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.
Reprint numbering and date
1.The reprint number (in the footer of each page of the document) shows how many times the by-laws have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the by-laws were published. Reprint numbering was implemented as from 1 January 2003.
2.The information in the reprint is current on the date shown as the date as at which the by-laws are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.
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Royal Perth Hospital By-laws 2009
Contents
Part 1 — Preliminary
1.Citation1
2.Commencement1
3.Terms used1
Part 2 — Trespass and order
4.No entry without cause1
5.Directions as to use of certain areas1
6.Liquor1
7.Smoking1
8.Disorderly persons may be removed from site1
Part 3 — Traffic control
Division 1 — Driving and use of vehicles
9.Driving of vehicles1
10.Driver to obey reasonable direction1
11.Speed limits1
12.Giving way1
13.No instruction or repairs on site1
Division 2 — Parking
14.Parking to be in parking spaces only1
15.Signs to be obeyed1
16.Parking in parking spaces1
17.Permit1
18.Refund of permit fees1
Part 4 — Infringement notices
19.Terms used1
20.Infringement notices1
21.Withdrawal of infringement notice1
22.Authorised person to have certificate1
23.Authorised persons only to endorse and alter infringement notices1
24.Restriction on removal of infringement notices1
Part 5 — General
25.Removal of vehicles1
26.Registered owner may be treated as being driver or person in charge of vehicle at time of offence1
27.Other offences1
Schedule 1 — Hospital sites
Schedule 2A — Fees
Schedule 2 — Infringement notices and modified penalties
Schedule 3 — Forms
Notes
Compilation table1
Defined terms
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Hospitals and Health Services Act 1927
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.
(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 Hospital;
driver, in relation to a vehicle, includes a rider;
Hospital means the
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 17;
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;
site means the land described in Schedule 1;
speed restriction sign means a sign, in or adjacent to a roadway or a parking facility, that displays a number;
vehicle has the same definition as in the Road Traffic Act 1974;
Wellington Street Campus means the land described in Schedule 1 Division 1.
(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; and
(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).
A person must not enter or remain on the site without a reasonable excuse.
Penalty: a fine of $50.
5.Directions as to use of certain areas
(1)In this by‑law —
specified means specified in the sign containing the direction.
(2)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.
(3)A direction under this by‑law may be made subject to specified conditions.
(4)The chief executive officer may cancel or vary a direction or condition under this by‑law.
(5)A person must not contravene a direction under this by‑law.
Penalty: a fine of $50.
A person must not bring any alcoholic beverage onto the site, unless the person has permission to do so.
Penalty: a fine of $50.
A person must not smoke on the site.
Penalty: a fine of $50.
8.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.
Division 1 — Driving and use 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.
Penalty: a fine of $50.
(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.
Penalty: a fine of $50.
(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.
Penalty: a fine of $50.
(4)This by‑law does not apply to a vehicle that is an emergency vehicle.
10.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: a fine of $50.
(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 8 km/h; 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: a fine of $50.
(2)Sub‑bylaw (1) does not apply to the driving of an emergency vehicle.
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: a fine of $50.
13.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: a fine of $50.
14.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.
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.
(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.
(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.
(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) must be in a form approved by the chief executive officer.
(4A)The fee (if any) payable for a parking permit is set out in Schedule 2A.
(4B)The chief executive officer or authorised person may issue a parking permit even though the fee for the permit is not paid in full if satisfied that arrangements are in place for the fee for the permit to be paid in instalments.
(4)The chief executive officer may waive the fee for a parking permit in a case where the chief executive officer or an authorised person believes that there are proper grounds for doing so.
(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; or
(b)to allow a vehicle of a specified person or class of persons only to be parked; or
(c)to allow a vehicle of a specified class only to be parked; or
(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.
(7)A permit expires on the day specified in the permit.
(8)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;
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.
(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 17 amended in Gazette 26 Nov 2010 p. 5948; 23 Dec 2011 p. 5434; 23 Oct 2012 p. 5056.]
(1)A fee paid in advance for a permit may be refunded in accordance with sub‑bylaw (2) to a person —
(a)who no longer wishes to use the permit; or
(b)whose employment at the Hospital ends; or
(c)who is granted absence on —
(i)long service leave; or
(ii)other leave from employment at the Hospital,
for a period of at least 4 consecutive weeks.
(2)The refund is the amount of the fee paid for a period that occurs —
(a)after the person ceases to use the permit or ceases employment; or
(b)during the period of leave.
[By-law 18 amended in Gazette 23 Dec 2011 p. 5435.]
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 20;
modified penalty
(1)An authorised person who has reason to believe that a person has committed an offence under Part 3 or this Part may, within 28 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 3 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 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 an authorised person, other than the authorised person who issued the infringement notice, 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 20 amended in Gazette 26 Nov 2010 p. 5949; 23 Dec 2011 p. 5435.]
21.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 3 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.
22.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.
23.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.
24.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.
(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 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 —
(a)the owner of the vehicle has paid the fee to recover the vehicle calculated at the rate of $50 for the first 24 hours or part thereof and $5 for each 7 day period or part period after that; or
(b)if the vehicle was removed under sub‑bylaw (2) — the owner or the person in charge of the vehicle has been given an infringement notice for the contravention.
(5)Payment under sub‑bylaw (4)(a) may be made by one of the following methods —
(a)in person to an authorised person at the site;
(b)in person at the Metropolitan Access and Parking Department at —
(c)at any Australia Post Office or agency;
(d)by telephone on 1800 753 191;
(e)by cheque or money order payable to “Metropolitan Access and Parking” and posted to —
Metropolitan Access and Parking
[By-law 25 amended in Gazette 23 Dec 2011 p. 5435‑6.]
26.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.
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: a fine of $50.
