Div 7By-laws and removal of persons

Division 7—By-laws and removal of persons 42—By-laws (1) An incorporated hospital may make, alter and repeal by‑laws for all or any of the following purposes: (a) to prohibit persons from trespassing on the grounds of the hospital; (b) to define parts of the grounds of the hospital as prohibited areas and to prohibit persons from entering any part of any such prohibited area or to provide for the removal of persons from any such area; (c) to prevent damage to the property, buildings or grounds of the hospital; (d) to regulate the speed at which vehicles may be driven within the grounds of the hospital; (e) to prohibit dangerous or careless driving of vehicles within the grounds of the hospital; (f) to prescribe the routes to be followed by traffic within the grounds of the hospital; (g) to prohibit or regulate the standing, parking or ranking of vehicles within the grounds of the hospital and to provide for the removal of vehicles from the grounds; (h) to require drivers of vehicles within the grounds of the hospital to comply with traffic directions; (i) to regulate traffic of all kinds within the grounds of the hospital; (j) to prohibit disorderly or offensive behaviour within the hospital or the grounds of the hospital; (k) to regulate, restrict or prohibit the consumption of alcoholic liquor or unlawful substances within the hospital or the grounds of the hospital; (l) to prohibit or regulate the smoking of tobacco; (m) to prevent undue noise within the hospital or the grounds of the hospital; (n) to provide for the appointment of authorised officers, and to confer functions and powers on authorised officers and other persons, in connection with the administration of the hospital or the operation or enforcement of the by‑law; (o) to prescribe any other matters necessary or expedient for the maintenance of good order, the protection of property of the hospital or the prevention of hindrance to, or interference with, any activities conducted within the hospital or its grounds; (p) to prescribe fines, not exceeding $1 000, for contravention of any by‑law (including any direction given under any by‑law); (q) to fix expiation fees, not exceeding $200, for alleged offences against the by‑laws. (2) A by‑law made under this section must be submitted to the Minister for approval. (3) On approval of a by‑law under this section, the by‑law must be transmitted to the Governor for confirmation and, on confirmation by the Governor, comes into force. (4) In any proceedings relating to an offence against a by‑law— (a) an allegation in a complaint that any specified place is or was within the grounds of a hospital will be taken to be proved in the absence of proof to the contrary; (b) an allegation in a complaint that a person named in the complaint was the owner of a vehicle referred to in the complaint will be taken to be proved in the absence of proof to the contrary; (c) where it is proved that a vehicle was parked within the grounds of a hospital in contravention of a by‑law, it will be presumed, in the absence of proof to the contrary, that the vehicle was so parked by the owner of the vehicle. (5) The Minister may exclude or limit an incorporated hospital from the ability to make by‑laws under this section. 43—Removal of persons (1) This section applies to a person— (a) who is present at a site at which an incorporated hospital provides any health services; and (b) who— (i) is considered by an authorised officer to be acting in a manner that constitutes disorderly or offensive behaviour; or (ii) is considered by an authorised officer on reasonable grounds to be a threat to another person at the site; or (iii) is suspected by an authorised officer on reasonable grounds of being unlawfully in possession of an article or substance; or (iv) without limiting a preceding subparagraph, is suspected by an authorised officer on reasonable grounds to have committed, or to be likely to commit, an offence against any Act or law. (2) An authorised officer may exercise 1 or more of the following powers in relation to a person to whom this section applies: (a) the authorised officer may require the person to provide the person's name and address, and to answer questions; (b) the authorised officer may require the person to submit to a search of his or her clothes, or of anything in his or her possession; (c) the authorised officer may seize anything in the person's possession that the authorised officer believes on reasonable grounds— (i) could be used to harm a person on the site; or (ii) constitutes an article or substance the possession of which is unlawful in the circumstances; (d) the authorised officer may require the person to leave the site and, if the person does not immediately do so, the authorised officer may use reasonable force to remove the person; (e) the authorised officer may require that the person not return to the site for a period (not exceeding 24 hours) specified by the authorised officer. (3) An authorised officer must, before acting under subsection (2)(d) or (e), take reasonable steps to ensure that the person is not in need of medical assistance. (4) An authorised officer may restrain a person to the extent necessary to exercise a power under subsection (2). (5) In the exercise of powers under this section, an authorised officer may be assisted by such persons as may be necessary or desirable in the circumstances. (6) A person who— (a) without reasonable excuse, fails to comply with a requirement of an authorised officer under this section; or (b) uses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer; or (c) without reasonable excuse, fails to answer, to the best of the person's knowledge, information and belief, a question put by an authorised officer, is guilty of an offence. (7) A person is not obliged to answer a question under this section if to do so might incriminate the person. (8) In this section— authorised officer means an authorised officer appointed under a by‑law made by an incorporated hospital under this Division.