Hospitals and Health Services Act 1927
Metropolitan Health Service By-laws 2008
Reprint 1: The by-laws as at 4 December 2015
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By-laws as published legislative amendments changes under the this reprint
Reprints Act 1984
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Western Australia
Metropolitan Health Service By-laws 2008
Contents
Part 1 — Preliminary
1.Citation1
2.Commencement1
3.Terms used1
4A.Appointment of authorised persons3
Part 2 — Behaviour on site
4B.No entry without cause4
4C.Directions as to use of certain areas4
4D.Prohibited items4
4.Smoking5
5.Persons may be directed to leave site5
Part 3 — Parking
6.Parking to be in parking spaces only7
7.Signs to be obeyed7
8.Parking in parking spaces7
9.Permit8
10.Refund of permit fees10
Part 4 — Infringement notices
11.Terms used11
12.Infringement notices11
13.Withdrawal of infringement notice12
14.Authorised persons to produce certificate13
15.Authorised persons only to endorse and alter infringement notices13
16.Restriction on removal of infringement notices13
Schedule 1 — Metropolitan Health Service sites
Schedule 2 — Fees
Schedule 3 — Infringement notices and modified penalties
Schedule 4 — Forms
Notes
Compilation table21
Defined terms
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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.
(1)In these by‑laws —
authorised person means a person appointed under by‑law 4A as an authorised person for the purposes of the by‑law in which the term is used;
board, in relation to a Hospital, means the board of the Hospital;
chief executive officer, in relation to a Hospital, 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 —
(a)the Graylands Selby-Lemnos and
(b)the
(c)the
(d)the Murray District Hospital;
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 9;
responsible person, for a vehicle, means the person responsible for the vehicle under the Road Traffic (Administration) Act 2008 section 6;
sign means a marking, notice or sign that is marked, erected or displayed by or with the authority of the relevant chief executive officer;
site means the site of —
(a)
(b)
(c)
(d)Murray District Hospital,
being the land described in Schedule 1;
vehicle has the meaning given in the Road Traffic (Administration) Act 2008 section 4.
(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).
[By-law 3 amended in Gazette 26 Nov 2010 p. 5939; 18 Feb 2011 p. 582; 14 Apr 2015 p. 1338; 8 Jan 2015 p. 185‑6; 18 Sep 2015 p. 3799‑800.]
4A.Appointment of authorised persons
(1)The chief executive officer may, in writing, appoint an officer or servant of the board as an authorised person for the purposes of one or more of these by‑laws.
(2)An appointment under sub‑bylaw (1) may be made in respect of a specified person or persons of a specified class.
(3)The chief executive officer must issue to each authorised person who is authorised to give a direction under by‑law 5(1), or issue an infringement notice under by‑law 12(1), a certificate stating that the person is so authorised.
[By-law 4A inserted in Gazette 14 Apr 2015 p. 1338.]
[Heading inserted in Gazette 26 Nov 2010 p. 5939.]
A person must not enter or remain on the site without a reasonable excuse.
Penalty: a fine of $50.
[By-law 4B inserted in Gazette 14 Apr 2015 p. 1339.]
4C.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.
[By-law 4C inserted in Gazette 14 Apr 2015 p. 1339.]
(1)In this by‑law —
prohibited item means —
(a)an alcoholic beverage; or
(b)a firearm as defined in the Firearms Act 1973 section 4; or
(c)a controlled weapon as defined in the Weapons Act 1999 section 3; or
(d)a prohibited weapon as defined in the Weapons Act 1999 section 3; or
(e)a prohibited drug as defined in the Misuse of Drugs Act 1981 section 3(1).
(2)A person must not bring onto the site a prohibited item unless the person has permission to do so.
Penalty: a fine of $50.
[By-law 4D inserted in Gazette 14 Apr 2015 p. 1339.]
A person must not smoke on the site.
Penalty: a fine of $50.
5.Persons may be directed to leave site
(1)An authorised person may direct a person to leave the site if the authorised person reasonably believes that the person has —
(a)used abusive language on the site; or
(b)threatened a person on the site; or
(c)behaved in an indecent or disorderly manner on the site; or
(d)unreasonably interfered with the privacy of a person on the site; or
(e)committed an offence under by‑law 4B or 4D.
(2)A person must not contravene a direction under sub‑bylaw (1).
Penalty: a fine of $50.
(3)The person whom an authorised person has given, or is about to give, a direction under sub‑bylaw (1) may require the authorised person to produce the certificate referred to in by‑law 4A(3).
(4)The authorised person must comply with a request under sub‑bylaw (3).
[By-law 5 inserted in Gazette 14 Apr 2015 p. 1340.]
[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.
[By-law 8 inserted in Gazette 26 Nov 2010 p. 5940; amended in Gazette 18 Feb 2011 p. 582.]
(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 relevant 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 payable for a parking permit is set out in Schedule 2.
(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 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 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;
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 for an offence under this sub‑bylaw: a fine of $50.
[By-law 9 inserted in Gazette 26 Nov 2010 p. 5940‑1; amended in Gazette 18 Feb 2011 p. 583; 23 Dec 2011 p. 5443; 14 Apr 2015 p. 1340.]
(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 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 the amount of the fee paid for a week that occurs —
(a)after the person ceases to use the permit or ceases employment; or
(b)during the period of leave.
[By-law 10 inserted in Gazette 26 Nov 2010 p. 5942; amended in Gazette 23 Dec 2011 p. 5443.]
[Heading inserted in Gazette 26 Nov 2010 p. 5942.]
In this Part —
alleged offender includes the responsible person for 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; amended in Gazette 8 Jan 2015 p. 186.]
(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 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 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 12 inserted in Gazette 26 Nov 2010 p. 5942‑3; amended in Gazette 23 Dec 2011 p. 5443‑4; 14 Apr 2015 p. 1340.]
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 persons to produce certificate
(1)The person whom an authorised person has given, or is about to give, an infringement notice may require the authorised person to produce the certificate referred to in by‑law 4A(3).
(2)The authorised person must comply with a request under sub‑bylaw (1).
[By-law 14 inserted in Gazette 14 Apr 2015 p. 1340‑1.]
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 of, responsible person for, 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; amended in Gazette 8 Jan 2015 p. 186.]
