Health Services (Conduct and Traffic) Regulations 2016

The regulations revolve around a small set of recurring legal concepts that govern conduct, permission, signage, enforcement and fees.

Permission and written authorisation. Permission to carry out activities on health service provider land must be given in writing by the responsible chief executive or a responsible authorised person and be obtained and not revoked prior to the activity (regulation 3(2)). The regulations treat staff acting in the course of employment as having that permission for most provisions (regulation 3(3)), explicitly excluding application to certain ticketing exceptions in regulation 19. Authorised persons are staff appointed in writing by the chief executive for specified land and specified regulations, and their appointment instrument may carry further restrictions (regulation 4).

Signage as regulatory instrument. Signage defines access, permitted uses and parking types. A “sign” is a marking, notice or sign placed by the responsible chief executive and may, for example, designate parts of land open to the public, reserve parking for particular classes, or display speed limits (regulation 3(1) definitions; regulations 6, 12, 17, 18). Signs may impose conditions, and contravening a condition attracts an express penalty (regulation 6(5)).

Traffic control anchored to the Road Traffic Code. The Road Traffic Code 2000 applies to driving on health service provider land, subject to these regulations (regulation 9). Where the regulations are silent, the Road Traffic Code governs; where they act, they can override or add requirements, for example the 10 km/h default speed limit when no sign is displayed (regulation 12(1)(b)) and vehicle weight limits (regulation 10(2)).

Types of parking areas and instruments for access. The chief executive may designate ticket parking areas (including boom gate controlled ticket parking areas), paid staff parking areas and permit parking areas (regulation 18). Ticket parking requires purchase and display of a ticket (regulation 19(2)); boom gate areas require ticket vending at the entrance and payment before leaving (regulation 19(4)-(5)). Paid staff parking is restricted to eligible staff as determined by the chief executive and payment is required before removal of the vehicle (regulation 20). Permit parking requires a permit class, display and compliance with permit conditions (regulation 21).

Permits, application and internal review. The responsible chief executive determines permit classes and eligibility (regulation 22(1)). A responsible authorised person grants permits and may impose conditions (regulation 22(2)-(3)). Applications must be in approved form, additional information may be required, and the authorised person must grant or refuse within 14 days (regulation 23). An aggrieved applicant may seek internal review by a committee established by the chief executive, which must decide within 30 days (regulation 24-25).

Enforcement architecture. The regulations identify offences and set monetary fines. Schedule 2 lists the offences for which infringement notices may be issued under the Criminal Procedure Act 2004 and specifies modified penalties (regulation 29 and Schedule 2). Responsible chief executives appoint authorised officers or approved officers who may issue infringement notices and must provide certificates to those officers (regulation 30). The forms to be used are prescribed in Schedule 3 (regulation 31).

Fees and cost recovery. Schedule 1 prescribes ticket parking fees, paid staff parking fees, parking permit fees and vehicle removal and storage fees for named health sites and for WA Country Health Service sites. The regulations allow the responsible chief executive to waive fees and to accept payroll deduction arrangements for permit fees (regulation 26). Removal and storage fees vary markedly between sites (for example, Fiona Stanley Hospital removal and storage basic fee $140, Table in Schedule 1 cl 4; other sites commonly $50).

Interaction with other statutes. The regulations import definitions and enforcement mechanisms from other Acts. Relevant cross‑references include the Road Traffic (Administration) Act 2008 (definitions) and the Road Traffic Code 2000 (operation) (regulations 3 and 9), the Criminal Procedure Act 2004 (infringement notices, regulation 29), the Firearms Act 2024, Weapons Act 1999 and the Misuse of Drugs Act 1981 (definitions of prohibited items included at regulation 7(1)).

Terms of art. The document relies on defined terms such as “health service provider land” (statutory meaning in Health Services Act 2016 s 207), “responsible chief executive”, “responsible authorised person”, “parking facility”, “parking space”, “ticket”, “ticket vending machine” and “roadway” (regulation 3(1) definitions). Those defined meanings are operational throughout the regulations and condition the reach of powers such as vehicle removal (regulation 32).

Taken together the concepts produce a regulatory system in which chief executives and authorised persons use signs, permits and tickets to control access and parking, backed by civil penalties (modified penalties) and statutory fines and the capacity to remove vehicles and recover fees.

The regulations create obligations and discretionary powers that affect four principal groups: health service providers and their management, staff of those providers, users of the sites (patients, visitors and contractors), and enforcement personnel and third party storage/towing operators.

Health service providers and responsible chief executives. The responsible chief executive plays the central administrative role. The chief executive may appoint authorised persons and authorised/approved officers (regulations 4 and 30), determine classes of parking permits and eligible staff and set fees (regulations 20, 22, 26), establish committees for permit review (regulation 25), issue, vary or cancel public directions (regulation 6(4)), and retain possession of removed vehicles until prescribed fees are paid (regulation 32(4)). The chief executive must also issue certificates to appointed authorised persons and authorised officers (regulations 4(5) and 30(2)). Practical consequences for management include the need to develop signage, ticketing infrastructure, payroll deduction systems, permit application processes, committee membership and vehicle removal protocols.

Staff and authorised persons. Staff are both regulated and regulators. A staff member acting in the course of employment is treated as having permission for activities on provider land except for specific ticketing exceptions (regulation 3(3)); at the same time staff members may be appointed as authorised persons with powers to issue directions, grant permits and order removals as specified in the appointment instrument (regulation 4). Staff who are eligible for paid staff parking must comply with fee payment arrangements and may be subject to payroll deductions for permit fees if that pathway is used (regulation 20(3) and 26(3)(b)). Staff members acting as authorised persons must be issued certificates identifying their scope (regulation 4(5)).

Patients, visitors and contractors. These users face immediate behavioural constraints. They must not enter or remain without reasonable excuse (regulation 5), must not smoke on health service provider land (regulation 8), must not bring prohibited items without written permission (regulation 7), must park only in designated spaces and comply with signs (regulations 15-17), must purchase tickets and display them where required (regulation 19), must not leave the site in certain ticketing situations while their vehicle is parked (regulation 19(7)), and must pay removal and storage fees to reclaim removed vehicles (regulation 32, Schedule 1). Individuals who supply false or misleading information in permit applications or reviews face monetary penalties (regulations 23(8) and 24(5)).

Enforcement officers, approved officers and third parties. Responsible chief executives appoint authorised officers and approved officers to issue infringement notices under the Criminal Procedure Act 2004 Part 2 (regulation 30). Those officers must be given certificates (regulation 30(2)). The regulations allow authorised persons to order removal of vehicles to storage places on or off site and take reasonable steps including unlocking, driving or towing vehicles (regulation 32(1) and (3)). Practical execution may therefore involve contracts with towing and storage operators and clear protocols for storage, notice, fee calculation and retrieval.

Other agencies/legislation. The regulations affect and are affected by other legal actors. The Road Traffic Code 2000 governs driving, with these regulations operating subject to it (regulation 9). The Criminal Procedure Act 2004 governs infringement notices (regulation 29), and the Fines, Penalties and Infringement Notices Enforcement Act 1994 is referenced in the infringement notice form for enforcement action if penalties remain unpaid (Schedule 3 Form 1). The definitions of prohibited items import the Firearms Act 2024, Weapons Act 1999 and Misuse of Drugs Act 1981 (regulation 7(1)). Health service provider sites are defined by the Health Services (Health Service Provider Land) Order 2016, which determines the geographical scope for some rules such as the “do not leave the site” rule (regulation 19(8)).

Who pays and who decides. Financially, day visitors pay ticket parking fees (Schedule 1); staff may pay permit or paid staff parking fees and those fees can be collected upfront, via payroll deduction, or waived (regulation 26). Removal and storage fees are payable by the responsible person for the vehicle to reclaim it (regulation 32(4) and Schedule 1). Decision‑making authority is concentrated with the responsible chief executive and delegated authorised persons, with internal review carried out by a committee appointed by the chief executive for each permit area (regulations 22-25).

The net effect is a regulatory and administrative regime that places operational and financial obligations on health service providers and their staff, day‑to‑day behavioural and payment obligations on site users, and procedural obligations on enforcement personnel and contracted service providers.

The regulations allocate clear duties to site users, health service provider executives and authorised officers, and create discrete rights including limited internal review and fee waiver powers.

Duties on site users

• Do not enter or remain without a reasonable excuse. Regulation 5 prescribes a penalty of $300 for entering or remaining on health service provider land without a reasonable excuse. The provision is general and operates as an initial gateway constraint on presence.
• Obey signage and directions. Users must not contravene sign directions (regulation 16) or conditions attached to directions given by responsible authorised persons under regulation 6(2) and (5). Specific contraventions carry specified fines (e.g. regulation 6(5), $500).
• Avoid bringing prohibited items and smoking. Regulation 7 bans bringing prohibited items onto the land unless permission is in writing; regulation 8 prohibits smoking (penalty $500). The prohibited item definition cross‑references other Acts (regulation 7(1)). Persons who contravene may be issued infringement notices under Schedule 2 where a modified penalty applies (see Schedule 2 items 2 and 3).
• Restrict vehicle behaviour to roadways and parking facilities, obey weight limits, and obey authorised persons. Drivers must not drive on non‑roadway areas or bring vehicles over 4 tonnes without permission, and must obey reasonable directions from authorised persons even if they differ from signs (regulations 10 and 11).
• Park only in parking spaces and comply with parking area rules. Regulations 15-21 require parking only in designated spaces, require ticket purchase and display where indicated (regulation 19), restrict paid staff parking to eligible staff (regulation 20) and require permit display and compliance in permit parking areas (regulation 21). Regulation 19(7) imposes a site‑stay rule for certain ticket parking areas.
• Comply with permit eligibility and notification. Permit holders must notify a responsible authorised person if they cease to satisfy eligibility criteria (regulation 22(5)). Providing false or misleading information in applications or reviews attracts a fine ($500) under regulations 23(8) and 24(5).

Duties on responsible chief executives and authorised persons

• Appointment and certification obligations. Chief executives may appoint authorised persons and must issue certificates identifying their area and purpose of authorisation (regulation 4(1), (5)). Similarly, chief executives may appoint authorised and approved officers to issue infringement notices and must issue identifying certificates (regulation 30).
• Decisions about permits, fees and designations. The chief executive may determine classes of permits, eligibility criteria, set aside parking areas as ticket, paid staff or permit areas, determine eligible staff classes for paid staff parking, and set/waive fees (regulations 18, 20, 22(1), 26).
• Establishment of review committees. Chief executives must establish permit review committees, appointing three members including one health professional (regulation 25).

Rights and procedural protections

• Internal review of permit decisions. Applicants aggrieved by permit decisions can apply for review to the relevant committee within 14 days of receiving the decision (regulation 24). The committee must provide a written outcome within 30 days. This is an internal review mechanism under the regulations, not a court review; it is controlled by the chief executive through committee appointments.
• Fee waiver discretion. The responsible chief executive may waive permit fees where proper grounds exist (regulation 26(2)), and authorised persons may waive permit fees in circumstances where a permit holder will not park, or has not parked, for a continuous period exceeding 4 weeks (regulation 28(3)).
• Right to appeal prosecution by payment of modified penalty. For offences specified in Schedule 2, an alleged offender may pay the modified penalty under the Criminal Procedure Act 2004 to avoid prosecution. The infringement notice form explains payment, prosecution options and enforcement consequences under the Fines, Penalties and Infringement Notices Enforcement Act 1994 (Schedule 3 Form 1).

Enforcement duties and limits

• Authorised officers must be formally appointed and certified. Regulation 30 requires appointment in writing and issuance of a certificate identifying the officer. The offence list for infringement notices is fixed by Schedule 2 and the modified penalties are specified there (regulation 29 and Schedule 2).
• Vehicle removal and storage. The regulations give authorised persons and chief executives power to order vehicle removal and to take steps reasonably necessary to effect removal including unlocking, driving, towing or otherwise causing removal (regulation 32(1), (3)). The chief executive may retain possession until the responsible person pays the prescribed fee (regulation 32(4)).

Procedural timeframes and limits

• Permit application decisions within 14 days, and review committee decisions within 30 days (regulations 23(5) and 24(7)).
• Cancellation notices: 14 days written notice for many grounds (regulation 27(2)); 60 days when chief executive determines a class cannot remain in force for operational reasons (regulation 27(3)).

In short, the regulations impose duties on users to obey signage, ticketing, permit and conduct rules; confer substantial discretionary operational powers and fee setting on responsible chief executives and their authorised delegates; and create internal review pathways and infringement processes with specified timeframes.

The regulations set criminal penalties on conviction, prescribe modified penalties for infringement notices under the Criminal Procedure Act 2004, and provide mechanisms for administrative enforcement including vehicle removal and fee recovery.

Statutory penalties. Many regulations specify maximum penalties on conviction. Examples include:

• Entry or remaining without reasonable excuse, penalty $300 (regulation 5).
• Contravening conditions of directions given under regulation 6, penalty $500 (regulation 6(5)).
• Bringing a prohibited item onto the land without permission, penalty $500 (regulation 7(2)).
• Smoking on health service provider land, penalty $500 (regulation 8).
• Various vehicle and parking contraventions carry penalties typically $300 or $500 depending on the provision (see regulations 10, 11, 12, 14, 15, 16, 17, 19, 20, 21, 22).

Modified penalties and infringement notices. Schedule 2 converts a subset of these offences into matters for infringement notices under the Criminal Procedure Act 2004 Part 2 and specifies the modified penalty for each. The Schedule lists 19 items with modified penalties ranging from $60 to $100 (Schedule 2). For example:

• Smoking (r. 8) has a modified penalty of $100 (Schedule 2 item 3), while the statutory penalty on conviction is $500 (regulation 8).
• Parking contraventions and vehicle movement contraventions generally have modified penalties of $60 (Schedule 2 items 4-7, 9-11, 13-21).
• Contravening directions given by an authorised person (r. 6(5)) has a modified penalty of $100 (Schedule 2 item 1).

The mechanics: an authorised or approved officer appointed under regulation 30 may issue an infringement notice using the prescribed form in Schedule 3. The form explains that paying the modified penalty within 28 days avoids prosecution and that failure to pay may result in prosecution or enforcement action under the Fines, Penalties and Infringement Notices Enforcement Act 1994 (Schedule 3 Form 1).

Appointment and certification of enforcers. Responsible chief executives appoint authorised officers and approved officers in writing and must issue a certificate identifying each authorised officer (regulation 30(1)-(2)). This is necessary before those officers may issue infringement notices.

Other enforcement powers. Authorised persons and chief executives may order the removal of vehicles to a storage place on or off site where vehicles are parked in contravention or have been left for more than three days (regulation 32(1)). If the vehicle is obstructing activities, removal may be ordered immediately (regulation 32(2)). Responsible authorised persons may take reasonably necessary action to effect removal, including unlocking, driving, towing or otherwise removing the vehicle (regulation 32(3)). The chief executive may retain possession of the vehicle until the responsible person pays the prescribed fee (regulation 32(4), Schedule 1).

Fee recovery and civil enforcement. The infringement notice form states that unpaid modified penalties may lead to enforcement action under the Fines, Penalties and Infringement Notices Enforcement Act 1994, including suspension of driver or vehicle licences, immobilisation, publication of default and garnishee or seizure measures (Schedule 3 Form 1). For vehicle removal fees, Schedule 1 lists site‑specific removal and storage fees; the chief executive may retain the vehicle until the fee is paid (regulation 32(4)) and must refund fees in narrow circumstances if cancellation of permits occurs for particular reasons (regulation 28).

Discretion and variability. The regulations confer discretionary authority at the chief executive level to waive fees (regulation 26(2)), to determine eligible staff and permit classes (regulations 20(5) and 22(1)), and to appoint review committees (regulation 25). Enforcement therefore depends on internal administrative rules and the exercise of discretion, including decisions about whether to commence prosecutions where modified penalties remain unpaid.

Time limits and procedural safeguards. The regulations impose timeframes for administrative decisions (grant or refuse permit within 14 days, regulation 23(5)) and reviews (committee to give decision within 30 days, regulation 24(7)). Notices of cancellation must set out grounds (regulation 27(5)). The internal review mechanism is an administrative check but not an external judicial appeal.

In sum, the enforcement architecture mixes criminal penalties, streamlined civil enforcement via infringement notices with lower monetary amounts, vehicle removal and fee recovery, and administrative discretion. The practical effect is to enable rapid on‑site enforcement through authorised officers and vehicle removal, with deferred or avoided court proceedings where modified penalties are paid.

The regulations do not operate in isolation. They import substantive definitions and enforcement frameworks from several other statutes and their application is qualified by those external instruments.

Road traffic law. Regulation 9 explicitly provides that the Road Traffic Code 2000 applies to driving a vehicle on health service provider land subject to these regulations. The definition of “vehicle” and “driver” cross‑refer to the Road Traffic (Administration) Act 2008 (regulation 3(1) and definition notes). That means standard road traffic offences and obligations continue to govern driving behaviour on site where not displaced by the health services regulations. For instance, the default speed limit in regulation 12(1)(b) operates in the absence of a sign; otherwise the Road Traffic Code’s rules on signalling, priority, and licensing remain relevant.

Criminal Procedure Act 2004. The regulations use the infringement notice procedure in the Criminal Procedure Act 2004 Part 2. Regulation 29(1) declares the offences in Schedule 2 to be offences for which an infringement notice may be issued under that Part, and regulation 29(2) sets the modified penalties listed in Schedule 2 as the modified penalties for Criminal Procedure Act s 5(3). Schedule 3 prescribes the approved infringement notice and withdrawal forms for use under that Act.

Fines and enforcement Act. The infringement notice form (Schedule 3 Form 1) explicitly refers to the Fines, Penalties and Infringement Notices Enforcement Act 1994 as the enforcement regime that may be invoked if a modified penalty is not paid, listing consequences that Act authorises such as licence suspension, immobilisation and garnishee proceedings. This ties the on‑site enforcement apparatus to the State’s broader debt collection and enforcement operations.

Health Services Act 2016. The regulations are made under, and subordinate to, the Health Services Act 2016. They commence when s 209 of the Act comes into operation (regulation 2). The term “health service provider land” is defined by reference to section 207 of the Act and particular sites are identified in the Health Services (Health Service Provider Land) Order 2016, which the regulations reference in regulation 19(8) for the site‑stay rule.

Weapons, firearms and drugs legislation. The definition of “prohibited item” in regulation 7 imports definitions from the Firearms Act 2024, Weapons Act 1999 and the Misuse of Drugs Act 1981. This is a cross‑statutory incorporation that aligns the conduct rules on site with broader weapons, firearms and narcotics regulation.

Other administrative law interfaces. The permit decision and review process sits within administrative law principles but is an internal administrative review rather than an external merits or judicial appeal in the statutes themselves. A person aggrieved by a decision may seek the relevant committee review (regulation 24). The committee is established and its membership appointed by the chief executive (regulation 25). Remedies beyond that internal review,such as merits review by an independent tribunal or judicial review in superior courts,are not created by the regulations but remain available in the general law where applicable.

Contracting and third‑party services. The vehicle removal power (regulation 32) contemplates use of external towing and storage services in practice. Recovery of removal and storage fees interacts with contractual arrangements and the administration of property retention. Fees are prescribed by Schedule 1 and vary by site. The regulations do not prescribe procurement rules for towing or storage services; those relationships will be governed by procurement and contracting law and the provider’s administrative arrangements.

In short, the regulations are an overlay on existing road traffic law, enforcement and debt recovery regimes, health services land classification and weapons/drugs legislation. They create site‑specific rules supported by State enforcement mechanisms and integrate with the Criminal Procedure Act and Fines enforcement apparatus for collection and penalty enforcement.

The compilation table and the marginal amendment notes in the text show an iterative amendment history between 2016 and 2025 focused primarily on fees, the offence list and cross‑statutory definitions.

Enactment and initial amendments

• The regulations were originally published on 24 June 2016 and commenced 1 July 2016 in accordance with regulation 2 and the Gazette entry (Compilation table).
• An early amendment, the Health Services (Conduct and Traffic) Amendment Regulations 2016, was published 29 November 2016 and came into force 30 November 2016 for operative provisions (Compilation table). That instrument amended several regulations (amendment notes appear at regulations 5, 6, 7, 8, 10-20, 22-24, 26-28 and Schedule changes).

Fee adjustments and periodic updates

• Multiple amendments labelled as Health Regulations Amendment (Fees and Charges) Regulations appear across 2017, 2018, 2019, 2022, 2023 and 2024 and came into operation on 1 July of the respective years (Compilation table). Those instruments appear to adjust Schedule 1 fees for particular sites. For example, the Schedule 1 Table for Fiona Stanley Hospital was inserted or altered under SL 2024/91 r. 8 and later amended under SL 2025/104 r. 8.
• Specific Schedule 1 entries for sites such as Fremantle Hospital, King Edward Memorial Hospital and Royal Perth Hospital were inserted or changed under SL 2025/104 (Compilation table clauses for cl. 5, 6, 9).

Infringement notice form amendments and enforcement tweaks

• The Health Regulations Amendment (Infringement Notices) Regulations 2020 (SL 2020/168) amended Form 1 in Schedule 3 (Compilation table note and Schedule 3 marginal note). The compilation notes that Form 1 was amended by SL 2020/168 r. 8.

Weapons and firearms cross‑reference changes

• Regulation 7, which defines prohibited items, was amended by SL 2024/281 r. 4 and SL 2024/297 r. 4 to expressly include a firearm as defined in the Firearms Act 2024 s 6 within the definition of “prohibited item” (see text of regulation 7(1)(b)). The compilation table lists SL 2024/297 (Health Regulations Amendment (Firearms) Regulations 2024) with a commencement of 31 March 2025 for that instrument.

Other instrument updates in 2024-2025

• The compilation table records Health Services (Conduct and Traffic) Amendment Regulations 2024 (SL 2024/281), which took effect 20 December 2024 for operative parts. Those appear to have amended the prohibited items list and other parts of the regulations.
• An amendment instrument SL 2025/1 finalised on 8 January 2025 and operative 9 January 2025 adjusted unspecified parts of the regulations (Compilation table entry).
• The Health Regulations Amendment (Fees and Charges) Regulations 2025 (SL 2025/104) took effect 1 July 2025 and updated Schedule 1 fees for multiple hospitals (compilation notes identify inserted clauses and tables, e.g. clauses for Fiona Stanley, Fremantle, King Edward, Royal Perth).

Textual marginal notes within the regulations identify where particular provisions were amended and link to the Gazette or SL instrument date (for example, [Regulation 7 amended: Gazette 29 Nov 2016 p. 5319; SL 2024/281 r. 4; SL 2024/297 r. 4]). Schedule entries bear insertion and amendment notes (e.g. Schedule 1 cl. 4 inserted SL 2024/91 r. 8; amended SL 2025/104 r. 8).

Themes in amendments

• Fee and cost items have been the dominant subject of amendment, with periodic updates to ticket parking fees, paid staff parking fees and removal/storage fees at specified hospital sites (Schedule 1).
• Enforcement and paperwork have also been refined, with the prescribed infringement notice form amended in 2020 and the schedule of prescribed offences linked to modified penalties maintained in Schedule 2.
• Cross‑statutory alignment has been updated, notably the inclusion of Firearms Act definitions in regulation 7 following the Firearms Act 2024.

Because the compilation table ends in 2025, it documents a pattern of periodic fee recalibration and occasional scope changes to prohibited items and forms. The amendments concentrate power to set fees and categories within the chief executive domain and show the regulations being used to operationalise site‑level parking and conduct policy through subordinate instruments and administrative practice.

The regulations and the compilation provided include no cases, litigation summaries or reported judicial authorities. The text of the instrument itself does not cite any judicial decisions or identify litigation outcomes. Schedule 3 and the infringement notice procedures refer to rights and enforcement pathways under the Criminal Procedure Act 2004 and Fines, Penalties and Infringement Notices Enforcement Act 1994, but the instrument does not record case law or examples of court enforcement.

Practical implications for litigants and advisers

• Because the internal review of permit decisions is an administrative committee process established under regulation 25 and appointed by the chief executive (regulation 25(1)-(3)), a party dissatisfied with an administrative outcome would first exhaust that internal review mechanism before pursuing external remedies. The regulation does not create an external merits appeal to a tribunal; judicial review of administrative decisions in the ordinary courts remains a general common law option where legal error is alleged.
• Enforcement through infringement notices uses the Criminal Procedure Act 2004 Part 2. If an alleged offender elects to pay the modified penalty, prosecution will not proceed, but refusal to pay opens criminal proceedings. Any contested prosecution would be dealt with by the courts under usual procedures; those procedural options are governed by the Criminal Procedure Act and general criminal law rules rather than these regulations.
• Vehicle removal and retention raises property and debt questions where the chief executive retains possession until prescribed fees are paid (regulation 32(4), Schedule 1). Disputes over propriety of removal, adequacy of notice, or fee calculation could generate civil litigation. The regulations authorise reasonably necessary steps to effect removal (regulation 32(3)), but do not prescribe detailed procedural safeguards such as notice content or timelines prior to removal in all circumstances.

Because the compilation contains no reported litigation, practitioners should assume absence of settled authority specific to these regulations and rely on general administrative law and Criminal Procedure Act precedents for procedural challenges. If a client desires litigation intelligence, a targeted case search in court databases and tribunal records will be required as the regulation text does not provide case references.

Several operational and legal traps are embedded in the text that advisers and administrators should note. These are concrete features rather than normative judgements and flow directly from the regulations.

1. Discrepancy between statutory fines and modified penalties. Many regulations state a statutory penalty on conviction (for example regulation 8 smoking penalty $500) while Schedule 2 prescribes a lower modified penalty for infringement notices (for example Schedule 2 item 3, smoking, modified penalty $100). Payment of the modified penalty avoids prosecution, but the less‑forgiving statutory maximum remains if the matter proceeds to court. Parties and administrators must be careful not to treat the modified penalty as a legal ceiling in prosecutions; Schedule 2 operates only in the infringement notice context (regulation 29).

2. The “do not leave the site while vehicle is parked” rule. Regulation 19(7) creates a novel constraint: a person who has parked in a ticket parking area or boom gate ticket area on a health service provider site must not leave the site while the vehicle is parked there. The site is defined by reference to the Health Services (Health Service Provider Land) Order 2016 (regulation 19(8)). This creates practical questions for visitors who may want to leave the grounds and return; the regulation is absolute and carries a penalty (Schedule 2 item 16, modified penalty $60). It also interacts with exceptions for staff permissions under regulation 3(3) and regulation 19(3)-(6) and thus requires clear signage and communications.

3. Permission must be in writing and can be revoked prior to the act. Regulation 3(2) requires permission to be written and obtained and not revoked prior to the activity. Oral or implied permissions will not satisfy the definition. Organisations issuing permissions must ensure they are in writing and retained, and that revocations are documented.

4. Staff “permission” exceptions are limited. Regulation 3(3) treats staff members acting in the course of employment as having permission for the purposes of the regulations, but expressly excludes regulations 19(3) and (6) from that treatment. Those subsections concern ticket parking and boom gate exceptions where permission must be displayed if signage requires it (regulation 19(3) and (6)); staff cannot rely on automatic permission for those rules without written permission.

5. Broad discretion concentrated in chief executive. The responsible chief executive determines permit classes, eligible staff classes, fee waivers and committee appointments (regulations 20(5), 22(1), 26(2), 25). That concentration means local policy choices (e.g. fee levels, who is an eligible staff member) are not standardised across the State and depend on internal governance. It also means administrative disputes are resolved internally by committees appointed by the chief executive (regulation 25), which may limit perceived independence of review.

6. Narrow internal review procedure. The review available for permit decisions is internal to the health service provider (regulation 24). There is no statutory external merits appeal created by these regulations, so aggrieved applicants would rely on judicial review or other general statutory pathways for external oversight.

7. Removal and storage risks and variation of fees. The power to remove vehicles is broad: vehicles left more than three days can be removed (regulation 32(1)), and vehicles obstructing operations may be removed immediately (regulation 32(2)). Storage fees are site specific and vary significantly (Schedule 1; e.g. Fiona Stanley Hospital $140 basic removal fee, others $50). Operators must ensure contract and operational arrangements with tow operators are compliant and that notice and fee calculation are properly administered to avoid disputes.

8. Penalty for false or misleading information. Both permit applications and review processes attract a $500 penalty if false or misleading material is supplied (regulations 23(8) and 24(5)). That is a significant criminal exposure for applicants and other persons involved in the process.

9. Signs can create binding conditions. The regulations give signs substantive legal effect (regulation 3(1) definition of sign, regulations 6, 16 and 17). The legal content of signage must therefore be carefully drafted, visible and consistent with delegated powers to avoid conflicting directions between signs and authorised persons, remembering that regulation 11 requires drivers to obey an authorised person’s reasonable direction even if it differs from a sign.

10. Operational complexity for payroll deduction arrangements. Regulation 26 allows permits to be granted where the authorised person is satisfied payroll deduction arrangements are in place for fortnightly payments. Implementing payroll deductions requires HR/payroll capability, employee consent processes and record keeping.

Administrators and users should map these features to local operational procedures, clear signage and documented permission systems to avoid compliance pitfalls.

This section splits practical compliance steps for two principal audiences: health service providers (management/administration) and individuals or contractors who use provider land.

A. Actions for health service provider executives and administrators

1. Governance and appointments

   • Appoint authorised persons, authorised officers and approved officers in writing as required by regulations 4 and 30. Ensure the appointment instrument specifies the land, the regulations covered and any restrictions (regulation 4(1)-(2)).
   • Issue certificates identifying each authorised person and authorised officer and record them (regulations 4(5) and 30(2)).

2. Signage and physical controls

   • Audit all health service provider land and identify roadways, parking facilities and parking spaces as defined in regulation 3(1).
   • Erect clear, compliant signage setting out permitted uses, speed limits, parking area types (ticket, paid staff, permit) and any conditions for parts of the land. Ensure signs containing directions and conditions reflect the legal requirements and are visible at entrances and within parking facilities (regulations 6(2)-(3), 12, 16-18).

3. Parking systems and collection

   • Implement ticket vending machines that issue tickets with day and time of issue and meet the ticket definition (regulation 3(1)); configure boom gates to require ticket vending at entrance and payment before exit for boom gate controlled ticket areas (regulation 19(4)-(5)).
   • For paid staff parking and permit parking, define eligibility criteria and permit classes and document them publicly or in staff policy (regulations 20(5) and 22(1)).
   • Establish payment methods for fees including cashless options and the ability to accept payroll deductions if chosen (regulation 26(3)(b), 26(3)(c), 20(4)).

4. Permit administration and review

   • Adopt approved forms for permit applications and reviews. Require written applications and provide clear lists of supporting documents. Train authorised persons to request additional information and to advise applicants promptly if an application will not be dealt with due to missing information (regulation 23(1)-(4)).
   • Implement a process to decide permit applications within 14 days and to provide written notices that state reasons and review rights (regulation 23(5) and (7)).
   • Establish one or more permit review committees with three appointed members including a health professional, and document committee procedures to deliver decisions within 30 days (regulations 24-25).

5. Enforcement and operational procedures

   • Appoint and certify authorised/approved officers who will issue infringement notices, and train them in the Criminal Procedure Act 2004 infringement notice process and Schedule 3 form content (regulation 30 and Schedule 3).
   • Create written protocols for authorised persons when ordering vehicle removal, including criteria for immediate removal (obstruction) and removal after three days, steps for documenting removal, contracting with towing/storage operators, recording chain of custody and calculating fees per Schedule 1 (regulation 32).
   • Implement refund and cancellation processes consistent with regulations 27-28 and Schedule 1, including when fees must be refunded after cancellation for operational reasons (regulation 28(1)-(2)).

6. Policy and communication

   • Publish parking, ticketing, permit and removal policies on the provider’s website and provide on‑site information so users understand the “do not leave the site while vehicle is parked” rule for ticket parking areas (regulation 19(7)).
   • Ensure staff are aware that permissions must be in writing and that staff acting in the course of employment have permission for most provisions, but not for some ticketing exceptions (regulation 3(2)-(3)).

7. Record keeping and audit

   • Maintain records of all permissions, permits, payments, payroll deduction authorisations, appointment certificates, infringement notices issued, removals and storage charges, and refunds to show compliance and to be able to respond to enforcement or legal challenges.

B. Actions for individuals, visitors, contractors and staff

1. Before arrival

   • Check signage and any online site information to know whether you need to purchase a ticket, hold a permit, or are eligible for staff parking. For staff who require permits, confirm eligibility and payment arrangements, including whether payroll deduction is available (regulation 20 and 26).

2. On arrival and while on site

   • Do not bring prohibited items onto the land unless you hold written permission from the responsible chief executive or responsible authorised person (regulation 7(2)).
   • Do not smoke on health service provider land (regulation 8).
   • Park only in designated parking spaces and follow directions on signs; purchase and display tickets as required by regulation 19(2) and obey boom gate and ticketing instructions in regulation 19(4)-(5).
   • Note the specific rule that if you park in a ticket parking area on a health service provider site you must not leave the site while the vehicle is parked there (regulation 19(7)).

3. Permit holders

   • Display permits as required and comply with any conditions attached to the permit (regulation 22(3)-(4)).
   • Notify a responsible authorised person as soon as reasonably practicable if you cease to satisfy eligibility criteria (regulation 22(5)).
   • Pay permit fees in the manner required at grant time or ensure payroll deduction arrangements are in place if that payment route is used (regulation 26(3)).

4. If issued an infringement notice

   • The Schedule 3 Form 1 explains payment and non‑payment consequences. To avoid prosecution, consider whether paying the modified penalty within 28 days is the appropriate response. If disputing the infringement, the form provides an option to elect prosecution in court rather than paying the modified penalty; legal advice may be useful in such cases.
   • If you are the responsible person for a vehicle and were not the driver, provide the necessary information to the Approved Officer within 28 days to avoid being treated as the driver for enforcement purposes (Schedule 3 Form 1).

5. Vehicle removal

   • If your vehicle is removed, contact the responsible chief executive or the designated storage place and pay prescribed removal and storage fees before retrieval. Be aware that fees vary by site and can be substantial (Schedule 1). Request an itemised statement of fees and a receipt.

6. Avoiding administrative penalties

   • Do not supply false or misleading information in permit applications or reviews; these attract a $500 penalty (regulations 23(8) and 24(5)). Keep copies of permissions and permits in writing.

Concluding practical note: compliance requires operational clarity from providers (signage, forms, payment systems and trained authorised persons) and care from users to follow ticketing and permit rules, retain written permissions and respond promptly if issued an infringement or if a vehicle is removed.