Metropolitan Health Service Amendment By-laws 2010 (WA)
| 5938 | GOVERNMENT GAZETTE, WA | 26 November 2010 |
HE304*
Hospitals and Health Services Act 1927
By-laws 2010. Metropolitan Health Service Amendment
By-laws 2010
Made under section 22 of the Act by the Minister in his capacity as the board of the Metropolitan Health Service.
1. Citation
These by-laws are the Metropolitan Health Service Amendment
26 November 2010 GOVERNMENT GAZETTE, WA 5939 2. Commencement
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 1 January 2011. 3. By-laws amended
These by-laws amend the Metropolitan Health Service
By-laws 2008.4. Part I heading inserted
Before by-law I insert:
Part 1 Preliminary
5. By-law 3 amended
In by-law 3 in the definition of site delete paragraph (c) and insert:
(c) Rockingham General Hospital,
6. Part 2 heading inserted
After by-law 3 insert:
Part 2 Behaviour on site
7. Parts 3 and 4 inserted
After by-law 5 insert: Part 3 Parking 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 $50.7. 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.
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8. larking in parking spaces
(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 iscurrent 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.9. Permit
(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.
26 November 2010 GOVERNMENT GAZETTE, WA 5941 (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.
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10. Refund of permit fees
(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
other leave from employment at a site, for a period of at least 4 consecutive weeks.
(ii)
(2) The refund is to be -
(a) in the case of a person to whom 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)
sub-bylaw (1)(c) applies, an amount in the
in the case of a person to whom represented by the period of leave in proportion to the period for which the permit was issued.
Part 4 - Infringement notices
11. Terms used
In this Part—
alleged offender includes the registered owner of a
infringement notice means an infringement notice vehicle to which an infringement notice is attached; under by-law 12; modified penalty means a penalty prescribed in
Schedule 3 for an offence under Part 3 or this Part.12. 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.
26 November 2010 GOVERNMENT GAZETTE, WA 5943 (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) to have a complaint of the alleged offence
advise that if the alleged offender does not wish 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 tohave 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 thealleged 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. 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.
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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.
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 $50.16. 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.
8. Schedule 1 amended
In Schedule 1 delete "Rockingham/Kwinana District
Hospital" and insert:Rockingham General Hospital
9.
Schedules 2, 3 and 4 inserted Schedule 2—Fees After Schedule 1 insert:
[bl. 9(3)(b)]
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
26 November 2010 GOVERNMENT GAZETTE, WA 5945
Schedule 3 - Infringement notices and modified penalties
[bI. 12]
By-law
Description of offence
Modified penalty
$
9(9) Parking in an area on site set apart for perm it 30 holders only, without a current permit 15 Unauthorised person endorsing or altering 20 an infringement notice 16 Removing an infringement notice when not 20 authorised to do so
Schedule 4 - Forms
[bI. 12(3) and 13]
Form I - Infringement notice
Metropolitan Health Service By-laws 2008 Notice No. Infringement notice
Hospital 11 Graylands Hospital 11 Rockingham Hospital 11 Kalamunda Hospital Vehicle
Make Model Plate no.
Colour
Alleged Description of offence offence
Metropolitan Health Service By-laws 2008 bI.
Date / /20 Time a.m./p.m. Modified penalty $
Issuing officer Name
Signature
Date ........./......../20....... What you You have 28 days from when this notice was given to must do 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
Hawthorn House, 100 Flinders Street
Mt Hawthorn WA 6016
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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 2— Withdrawal of infringement notice
Metropolitan Health Service By-laws 2008 Notice No. Withdrawal of infringement notice To Family name /Person to who,n infringement notice Other names was issued] Address Infringe in ent Infringement notice no. notice
Issued at: U Graylands Hospital
U Rockingham Hospital U Kalamunda Hospital
Date of issue ........./......../20.......
Alleged offence .................................................. Vehicle plate no.
The infringement notice has been withdrawn. 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 Name withdrawn by Signature
Date ........./......../20.......
26 November 2010 GOVERNMENT GAZETTE, WA 5947 KIM HAMES,
The Minister in his capacity as the board of theMetropolitan Health Service
Date: 14 November 2010.
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