Hospitals and Health Services Act 1927

Bentley Hospital By-laws 2001

These by-laws were repealed by the Health Services Act 2016 (No. 11 of 2016) s. 307(b) as at 1 Jul 2016 (see s. 2(b) and Gazette 24 Jun 2016 p. 2291).

 

 

Bentley Hospital By-laws 2001

Contents

Part 1 — Preliminary

1.Citation1

2.Terms used1

3A.Appointment of authorised persons3

Part 2 — Trespass and order

3.No entry without cause4

4.Directions as to use of certain areas4

5.Prohibited items4

6.Smoking5

7.Persons may be directed to leave site5

Part 3 — Traffic control

Division 1 — Driving and use of vehicles

8.Driving of vehicles7

9.Driver to obey reasonable direction7

10.Speed limits7

11.Giving way8

12.No instruction or repairs on site8

Division 2 — Parking

13.Parking to be in parking spaces only8

14.Signs to be obeyed9

15.Parking in parking spaces9

16.Permit10

Part 4 — Infringement notices

17.Terms used12

18.Infringement notices12

19.Withdrawal of infringement notice13

20.Authorised persons to produce certificate13

21.Authorised persons only to endorse and alter infringement notices14

22.Restriction on removal of infringement notices14

Part 5 — General

23.Removal of vehicles15

24.Responsible person may be treated as driver or person in charge of vehicle15

25.Other offences16

Schedule 1 — Infringement Notices and Modified Penalties

Schedule 2 — Forms

Notes

Compilation table23

Defined terms

 

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 1.

2.Terms used

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

authorised person means a person appointed under by‑law 3A as an authorised person for the purposes of the by‑law in which the term is used;

board means the board of the Bentley Hospital;

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;

responsible person, for a vehicle, means the person responsible for the vehicle under the Road Traffic (Administration) Act 2008 section 6;

roadway means a part of the site set aside for use by vehicular traffic, notwithstanding that it may not be a road as defined in the Road Traffic (Administration) Act 2008 section 4, 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;

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 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 2 amended in Gazette 8 Jan 2015 p. 173‑4; 14 Apr 2015 p. 1328.]

3A.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 7(1), or issue an infringement notice under by‑law 18(1), a certificate stating that the person is so authorised.

[By-law 3A inserted in Gazette 14 Apr 2015 p. 1328‑9.]

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: a fine of $50.

[By-law 3 amended in Gazette 14 Apr 2015 p. 1330.]

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: a fine of $50.

[By-law 4 amended in Gazette 14 Apr 2015 p. 1330.]

5.Prohibited items

(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 5 inserted in Gazette 14 Apr 2015 p. 1329.]

6.Smoking

A person must not smoke on the site.

Penalty: a fine of $50.

[By-law 6 inserted in Gazette 12 Feb 2008 p. 339‑40; amended in Gazette 14 Apr 2015 p. 1330.]

7.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 3 or 5.

(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 3A(3).

(4)The authorised person must comply with a request under sub‑bylaw (3).

[By-law 7 inserted in Gazette 14 Apr 2015 p. 1329‑30.]

Part 3Traffic control

Division 1Driving 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): a fine of $50.

[By-law 8 amended in Gazette 14 Apr 2015 p. 1330.]

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: a fine of $50.

[By-law 9 amended in Gazette 14 Apr 2015 p. 1330.]

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 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.

[By-law 10 amended in Gazette 14 Apr 2015 p. 1330.]

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: a fine of $50.

[By-law 11 amended in Gazette 14 Apr 2015 p. 1330.]

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: a fine of $50.

[By-law 12 amended in Gazette 14 Apr 2015 p. 1330.]

Division 2Parking

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: a fine of $50.

[By-law 13 amended in Gazette 14 Apr 2015 p. 1330.]

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: a fine of $50.

[By-law 14 amended in Gazette 14 Apr 2015 p. 1330‑1.]

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; 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 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: 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 a specified permit unless the person is the holder of the specified permit that is current.

Penalty: a fine of $50.

[By-law 15 amended in Gazette 14 Apr 2015 p. 1330‑1.]

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) —

(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.

(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; 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.

(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;

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.

(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 for an offence under this sub‑bylaw: a fine of $50.

[By-law 16 amended in Gazette 26 Nov 2010 p. 5936; 14 Apr 2015 p. 1330.]

Part 4 Infringement notices

17.Terms used

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 18;

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

[By-law 17 amended in Gazette 8 Jan 2015 p. 174.]

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 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.

[By-law 18 amended in Gazette 26 Nov 2010 p. 5936.]

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 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 3A(3).

(2)The authorised person must comply with a request under sub‑bylaw (1).

[By-law 20 inserted in Gazette 14 Apr 2015 p. 1330.]

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: a fine of $50.

[By-law 21 amended in Gazette 14 Apr 2015 p. 1330‑1.]

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 of, responsible person for, or person in charge of, the vehicle; or

(b)an authorised person.

Penalty: a fine of $50.

[By-law 22 amended in Gazette 8 Jan 2015 p. 174; 14 Apr 2015 p. 1330‑1.]

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 responsible person for 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.

[By-law 23 amended in Gazette 8 Jan 2015 p. 174.]

24.Responsible person may be treated as driver or person in charge of vehicle

(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 responsible person for 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 responsible person for 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 responsible person 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.

[By-law 24 amended in Gazette 8 Jan 2015 p. 175.]

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: a fine of $50.

[By-law 25 amended in Gazette 14 Apr 2015 p. 1330‑1.]

 

Schedule 1Infringement 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

[bl. 18(3) and 19]

[Heading inserted in Gazette 13 Jun 2014 p. 1886.]

Form 1: Infringement Notice (by‑law 18(3))

Government of Western Australia

Department of Health

Metropolitan Access and Parking Department

Bentley Hospital By‑laws 2001

Infringement No.

Date

Time

Officer ID

Location

Car Park

Offence

Date

Time

By‑law clause

 

Description of infringement as per by‑laws

 

 

 

Modified Penalty

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

If paid before

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

Full Penalty

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

 

 

 

Vehicle

Reg No.

State

 

 

Billpay Code

 

Ref

 

You have 28 days from when this notice was given to you to pay the modified penalty, declare you were not the driver, dispute the allegation or elect to go to court. If you do not, enforcement proceedings will be taken against you.

See over for full payment options.

Metropolitan Access and Parking

You must on or before the due date —

Pay the Infringement

Pay in person at any post office, phone 13 18 16 or go to postbillpay.com.au.

By credit card by phoning 1800 753 191.

By cheque or money order made payable to “Metropolitan Access and Parking” and posted to —

Metropolitan Access and Parking
PO Box 1135
Osborne Park WA 6916

OR

If you were not driving or the responsible person for the vehicle at the time of the alleged offence — submit a declaration giving the full name and address of the driver or responsible person. Documentary proof of sale is required if the vehicle was sold prior to the alleged offence.

A declaration form is downloadable at:

www.health.wa.gov.au/parking/infringement

OR

Dispute the allegation that you committed the offence — you may first dispute the alleged offence informally in writing at the address below.

OR

Elect go to court — fill in below and post to the address below.

If no election is made for an offence —

One reminder notice will be sent (a reminder fee applies).

After that you may (without a court hearing) be convicted of the offence and the unpaid fee amount will be your fine. Court costs will be added.

I, .........................................................................................................................

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

...................................................................................... Post code .....................

Elect to attend court in relation to the alleged offence.

Dated ............................... Signed ......................................................................

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.

Further information is available at:

www.health.wa.gov.au/parking/infringement
or by phoning 1800 753 181 Monday ‑ Friday 8.30 a.m.‑4 p.m.
or email : parking@health.wa.gov.au
Metropolitan Access and Parking
PO Box 1135 Osborne Park WA 6916

[Form 1 inserted in Gazette 13 Jun 2014 p. 1886‑8; amended in Gazette 8 Jan 2015 p. 175‑6.]

Form 2: Withdrawal of Infringement Notice (by‑law 19)

Government of Western Australia

Department of Health

Metropolitan Access and Parking Department

 

Date ..................................

Infringement Notice ........................

Dear

Infringement notice No. ........................ served on you on ...................................

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

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

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

is hereby withdrawn and no further action will be taken against you.

If you paid the modified penalty before the Infringement Notice was withdrawn, please contact 1800 753 191 or post receipt to

Metropolitan Access Parking
PO Box 1135
Osborne Park WA 6916

Your payment will be refunded.

 

Yours sincerely

 

Signed for and on behalf of
the Parking Infringement Committee

Metropolitan Access and Parking Department

[Form 2 inserted in Gazette 13 Jun 2014 p. 1888‑9.]

dline

 

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. The table also contains information about any reprint.

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))

Bentley Hospital Amendment By‑laws 2010

26 Nov 2010 p. 5935-6

bl. 1 and 2: 26 Nov 2010 (see bl. 2(a));
By-laws other than bl. 1 and 2: 1 Jan 2011 (see bl. 2(b))

Bentley Hospital Amendment By‑laws (No. 2) 2014

13 Jun 2014 p. 1886‑9

bl. 1 and 2: 13 Jun 2014 (see bl. 2(a));
By-laws other than bl. 1 and 2: 1 Jul 2014 (see bl. 2(b))

Bentley Hospital Amendment By‑laws 2014

8 Jan 2015 p. 173‑6

bl. 1 and 2: 8 Jan 2015 (see bl. 2(a));
By-laws other than bl. 1 and 2: 27 Apr 2015 (see bl. 2(b) and Gazette 17 Apr 2015 p. 1371)

Bentley Hospital Amendment By‑laws 2015

14 Apr 2015 p. 1328‑31

bl. 1 and 2: 14 Apr 2015 (see bl. 2(a));
By-laws other than bl. 1 and 2: 15 Apr 2015 (see bl. 2(b))

Reprint 1: The Bentley Hospital By-laws 2001 as at 22 Apr 2016 (includes amendments listed above)

These by-laws were repealed by the Health Services Act 2016 (No. 11 of 2016) s. 307(b) as at 1 Jul 2016 (see s. 2(b) and Gazette 24 Jun 2016 p. 2291)

 

 

 

Defined terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

alleged offender17

authorised person2(1)

board2(1)

chief executive officer2(1)

driver2(1)

infringement notice17

modified penalty17

parking facility2(1)

parking space2(1)

permission2(2)

permit2(1)

prohibited item5(1)

responsible person2(1)

roadway2(1)

sign2(1)

site2(1)

specified4(4), 15(2), 16(7)

speed restriction sign2(1)

vehicle2(1)