Hospitals and Health Services Act 1927
Metropolitan Health Service By-laws 2008
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.Citation1
2.Commencement1
3.Terms used in these by‑laws1
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 only3
7.Signs to be obeyed3
8.Parking in parking spaces3
9.Permit3
10.Refund of permit fees3
Part 4 — Infringement notices
11.Terms used3
12.Infringement notices3
13.Withdrawal of infringement notice3
14.Authorised person to have certificate3
15.Authorised persons only to endorse and alter infringement notices3
16.Restriction on removal of infringement notices3
Schedule 1 — Metropolitan Health Service sites
Schedule 2 — Fees
Schedule 3 — Infringement notices and modified penalties
Schedule 4 — Forms
Notes
Compilation table3
Provisions that have not come into operation3
Defined terms
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 —
authorised person, in relation to a Hospital, means an officer or servant of the board authorised in writing by the chief executive officer of the Hospital for the purpose of these by-laws;
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
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;
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;
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)
being the land described in Schedule 1;
vehicle has the same meaning as in the Road Traffic Act 1974.
[By-law 3 amended in Gazette 26 Nov 2010 p. 5939; 18 Feb 2011 p. 582.]
[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), (5)deleted]
[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: 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.]
(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 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 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 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 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.]
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 — Metropolitan Health Service sites
[bl. 3]
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[Schedule 1 amended in Gazette 26 Nov 2010 p. 5944.]
[bl. 9(4A)]
[Heading inserted in Gazette 26 Nov 2010 p. 5944; amended in Gazette 23 Dec 2011 p. 5444.]
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Type of permit |
Fee |
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All types of parking permit at |
No fee |
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All types of parking permit at |
No fee |
[Schedule 2 inserted in Gazette 26 Nov 2010 p. 5944; amended in Gazette 23 Dec 2011 p. 5444.]
Schedule 3 — Infringement notices and modified penalties
[bl. 12]
[Heading inserted in Gazette 26 Nov 2010 p. 5945.]
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By‑law |
Description of offence |
Modified penalty |
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9(9) |
Parking in an area on site set apart for permit holders only, without a current permit |
30 |
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15 |
Unauthorised person endorsing or altering an infringement notice |
20 |
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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 13 Jun 2014 p. 1879.]
Form 1: Infringement Notice (by‑law 12(3))
Government of Western Australia
Department of Health
Metropolitan Access and Parking Department
Metropolitan Health Service By‑laws 2008
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Infringement No. |
Date |
Time |
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Officer ID |
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Location |
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Car Park |
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Offence |
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Date |
Time |
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By‑law clause |
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Description of infringement as per by‑laws
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Modified Penalty ................................ |
If paid before .................................... |
Full Penalty .................................... |
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Vehicle |
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Reg No. |
State |
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Billpay Code |
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Ref |
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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. |
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Metropolitan Access and Parking You must on or before the due date — |
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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. |
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By cheque or money order made payable to “Metropolitan Access and Parking” and posted to — Metropolitan Access and Parking |
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OR If you were not driving or the owner of the vehicle at the time of the alleged offence — submit a declaration giving the full name and address of the driver or owner. Documentary proof of sale is required if the vehicle was sold prior to the alleged offence. |
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A declaration form is downloadable at: www.health.wa.gov.au/parking/infringement OR |
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Dispute the allegation that you committed the offence — you may first dispute the alleged offence informally in writing at the address below. OR |
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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. |
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I, .................................................................................................................. of ................................................................................................................. ............................................................................... Post code ..................... Elect to attend court in relation to the alleged offence. Dated ............................... Signed ............................................................... |
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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. |
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Further information is available at: www.health.wa.gov.au/parking/infringement |
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[Form 1 inserted in Gazette 13 Jun 2014 p. 1879-81.]
Form 2: Withdrawal of Infringement Notice (by‑law 13)
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. 1881.]
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 1a.
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Citation |
Gazettal |
Commencement |
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Metropolitan Health Service By‑laws 2008 |
12 Feb 2008 p. 341‑2 |
bl. 1 and 2: 12 Feb 2008 (see bl. 2(a)); |
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Metropolitan Health Service Amendment By‑laws 2010 |
26 Nov 2010 p. 5938-47 |
bl. 1 and 2: 26 Nov 2010 (see bl. 2(a)); |
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Metropolitan Health Service Amendment By‑laws 2011 |
18 Feb 2011 p. 581-3 |
bl. 1 and 2: 18 Feb 2011 (see bl. 2(a)); |
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Metropolitan Health Service Amendment By‑laws (No. 2) 2011 |
23 Dec 2011 p. 5442‑5 |
bl. 1 and 2: 23 Dec 2011 (see bl. 2(a)); |
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Metropolitan Health Service Amendment By‑laws (No. 2) 2014 |
13 Jun 2014 p. 1878‑81 |
bl. 1 and 2: 13 Jun 2014 (see bl. 2(a)); |
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
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Citation |
Gazettal |
Commencement |
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Metropolitan Health Service Amendment By‑laws 2014 bl. 3‑72 |
8 Jan 2015 p. 185‑7 |
Operative on the day fixed under the Road Traffic (Administration) Act 2008 s. 2(b) (see bl. 2(b)) |
2On the date as at which this compilation was prepared, the Metropolitan Health Service Amendment By laws 2014 bl. 3‑7 had not come into operation. They read as follows:
3.By-laws amended
These by-laws amend the Metropolitan Health Service By‑laws 2008.
4.By‑law 3 amended
(1)In by‑law 3 delete the definition of registered owner.
(2)In by‑law 3 insert in alphabetical order:
responsible person, for a vehicle, means the person responsible for the vehicle under the Road Traffic (Administration) Act 2008 section 6;
(3)In by‑law 3 in the definition of vehicle delete “same meaning as in the Road Traffic Act 1974.” and insert:
meaning given in the Road Traffic (Administration) Act 2008 section 4.
5.By‑law 11 amended
In by‑law 11 in the definition of alleged offender delete “registered owner of” and insert:
responsible person for
6.By‑law 16 amended
Delete by‑law 16(a) and insert:
(a)the driver of, responsible person for, or person in charge of, the vehicle; or
7.Schedule 4 amended
In Schedule 4 Form 1:
(a)delete “owner of” and insert:
responsible person for
(b)delete “owner.” and insert:
responsible person.
[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 offender11
authorised person3
chief executive officer3
driver3
Hospital3
infringement notice11
modified penalty11
parking facility3
parking space3
permit3
registered owner3
sign3
site3
specified8(1), 9(1)
vehicle3