Health Services (Health Service Provider Land) Order 2016

This Order declares specified parcels of land to be "health service provider land" for the purposes of Part 16 of the Health Services Act 2016 and regulations made under that Act. The operative prescription is clause 3(1), which states the land listed in the Table, the land described in clause 3(2) and the land in Schedule 2 are declared to be health service provider land "for the purposes of the Health Services Act 2016 Part 16 and regulations made under that Act". The Order itself is a schedule-style statutory instrument: clause 1 gives its citation (Health Services (Health Service Provider Land) Order 2016) and clause 2 ties commencement to the day section 208 of the Health Services Act 2016 comes into operation.

Mechanically, the Order lists by site name, street address, lot number, and Certificate of Title (volume and folio), and where relevant the Crown reserve number. The Table in clause 3 is extensive and organised by Health Service Division (for example Division 1 , North Metropolitan Health Service; Division 2 , South Metropolitan Health Service; Division 3 , East Metropolitan Health Service; Division 4 , WA Country Health Service; Division 5 , Child and Adolescent Health Service). The Order also includes a discrete declaration in clause 3(2) that the land on Railway Road, Daglish, the subject of "Memorandum of Understanding L2106 , Daglish" dated 13 August 2015 between the Public Transport Authority of Western Australia and the Minister for Health, is for the King Edward Memorial Hospital for Women site. Schedule 1 contains the plan showing that land shaded in blue (clause 3(3)).

The Order does not itself set out detailed operational rules, prohibitions, or penalties; it is a declaratory instrument that imports the legal regime of Part 16 of the Health Services Act 2016 onto the identified parcels. Therefore any legal consequences, powers, duties, limitations, or enforcement mechanisms that follow from a parcel being "health service provider land" depend on the content of Part 16 and associated regulations. The Order has been amended repeatedly: the compilation table records amendment Orders in 2017, 2018 (multiple), 2019, 2021, 2023 and 2025, and Schedule 2 (an amendment order) was inserted in 2023; clause 3 itself carries an amendment note (see the bracketed amendment note following clause 3).

In sum, this instrument is an administrative declaration that links named lots and titles to the Health Services Act land regime. To understand the legal consequences for title, use, disposal, leasing, or encumbrance, one must read this Order (which provides the list of affected land) in conjunction with Part 16 and the Health Services Act regulations (which provide the legal mechanics for land management).

The Order turns on a small set of legal-technical concepts.

• Declaration for a statutory purpose. Clause 3(1) is explicit: land is declared to be "health service provider land" for the purposes of Part 16 and regulations under the Health Services Act 2016. The Order therefore operates as a mechanism for specifying which parcels fall within the statutory land regime established by the primary legislation. The declaration is not framed as a transfer of ownership; it is a classification for legal purposes under the Act.

• Identification of parcels by cadastral particulars. The instrument uses conventional land-identification fields: site name, street address, lot number, Certificate of Title volume and folio, and Crown reserve number where applicable. This approach anchors the declaration to registered land records rather than mere descriptive addresses. The Table entries therefore function as the statutory register of HSP land until amended by later Orders.

• Interaction with memoranda or external instruments. Clause 3(2) expressly declares as part of the King Edward Memorial Hospital for Women site the land on Railway Road between Bagot and Barker Roads that is the subject of an MoU (L2106) between the Public Transport Authority and the Minister for Health. Clause 3(3) cross-references Schedule 1, which provides a plan showing that land. That technique shows the Order can pick up land through contractual instruments (MoU) as well as cadastral listings.

• Schedules and amendment inserts. The Order contains Schedule 2 (titled Health Services (Health Service Provider Land) Amendment Order 2023) listing further lots and sites and their associated HSP acronyms. The insertion of Schedule 2 (Gazette 30 Jun 2023 p. 2213‑20) and the compilation table demonstrate that the Order is periodically amended by separate amendment Orders that add, correct or extend the list.

• Administrative granularity and heterogeneity of tenure. The Table and Schedule 2 include Crown reserves, freehold lots, "No Street Address" entries, "Portion of Lot" descriptions and a notation identifying a privately owned property (Coral Bay Health Centre, described as owned by Coral Bay Amalgamated Holdings Pty Ltd). That heterogeneity indicates the declaration covers various legal tenures and occupancy modalities; the Order itself does not state how those different tenures interact with Part 16, but it does fix the parcels to which the statutory land regime will apply.

The Order affects a set of identifiable categories of actors and interests by operation of its declaration and by virtue of its cross-reference to Part 16 of the Health Services Act 2016.

• Health service providers and divisions. The immediate administrative addressees are the Health Service Providers (HSPs) and the Health Service Divisions listed in the Table and Schedule 2: North Metropolitan Health Service, South Metropolitan Health Service, East Metropolitan Health Service, WA Country Health Service, and Child and Adolescent Health Service (see Schedule 2 footer and the Table headings). These bodies will be primary stakeholders in any exercise of powers or duties under Part 16 once land is declared.

• Minister and Departmental decision-makers. The Order is a statutory instrument published in the Government Gazette and operated under the Health Services Act; therefore the Minister for Health and relevant departmental officers who implement Part 16 will be decision-makers for land administration actions that Part 16 empowers. Clause 3(2) also shows the Minister may coordinate with other agencies (for example the Public Transport Authority, which entered the MoU referred to).

• Other government agencies. The Public Transport Authority is explicitly named in clause 3(2) in relation to the MoU about land on Railway Road (L2106). Land Administration and planning agencies charged with Crown reserves and title management will be affected, as the Table records Crown reserve numbers and land-tenure details that intersect with their remits.

• Registered proprietors, mortgagees and other title holders. Title particulars (volume and folio) are listed for each parcel. Those whose rights are recorded on title (freehold owners, mortgagees, caveators, lessees, easement beneficiaries) need to note the declaration because it subjects that parcel to the Health Services Act designation. The Table also includes entries with "No Street Address", "Portion of Lot", and "owned by" annotations (for example Coral Bay Health Centre is noted as owned by Coral Bay Amalgamated Holdings Pty Ltd in the Schedule 2 text). These observations suggest private owners, lessees or licensees may find their parcels included.

• Local governments and planning authorities. Local government authorities dealing with development approvals, leases, or planning overlay issues will need to engage with the HSPs and State agencies where the declared purpose modifies the statutory control regime over land use for health service delivery.

The Order is primarily a declaration rather than a rights-granting instrument; clause 3(1) fixes which parcels are "health service provider land" for the purposes of Part 16 and the regulations. Accordingly, the Order itself does not enumerate primary statutory duties, entitlements, disposal powers, leasing rules, or enforcement mechanisms. Those legal consequences are derived from the Health Services Act 2016 (Part 16) and the subordinate regulations the Act authorises.

Nevertheless, the Order creates a factual and legal starting point for duties and rights under the Act in the following ways:

• Identification of the legal subject. By listing Certificate of Title volumes and folios against each lot number, the Order provides the authoritative statutory identification of which parcels are caught by the land regime in Part 16 (cl.3(1) and the Table). That identification is the trigger: where Part 16 confers a right or obligation upon "health service provider land", that right or obligation will apply to the parcels listed in this Order.

• Administrative allocation to HSPs. Schedule 2 explicitly associates many parcels with specific Health Service Providers (CAHS, EMHS, NMHS, SMHS, WACHS). While the Order does not itself purport to allocate proprietary title, this allocation signals which provider will likely be operationally responsible and thus subject to duties under the Act (see Schedule 2 footer and entries).

• Interaction with Crown reserves and tenure. The Table lists Crown reserve numbers for many parcels, indicating that the land may be subject to reserve instruments or management orders under other statutes (for example Crown land legislation). Where the Act attaches duties to HSP land, those duties will operate alongside reserve-management obligations; the Order’s listing therefore fixes which reserves intersect with the health regime.

• Incorporation of contractual arrangements. Clause 3(2) brings into the declared site land covered by an MoU (L2106). Where an MoU affects use or access arrangements, its subject land being declared locally links those contractual arrangements to the statutory health-land regime, potentially affecting operational rights such as access or development rights for parties to the MoU.

• Notice to third parties with registered interests. The Order’s detailed cadastral particulars provide the information third parties need to identify whether their registered rights (mortgages, leases, easements) attach to land declared as HSP land. That identification informs the exercise of consenting powers, restrictions on disposal and potential requirements to obtain Ministerial or HSP approvals where Part 16 prescribes such conditions.

The Order contains no penalty provisions of its own. It is a schedule-style declaration instrument: clause 3 lists land and clauses 1-2 deal with citation and commencement. Any enforcement, penalties, offences, or compliance mechanisms that apply to declared "health service provider land" must therefore be located in the Health Services Act 2016 (not reproduced in this Order) and in regulations made under that Act.

Operationally this means:

• The Order functions as the list of affected parcels, while the Health Services Act 2016 Part 16 provides the enforcement machinery. Clause 3(1) explicitly links the declaration to "the Health Services Act 2016 Part 16 and regulations made under that Act", which is the source one must consult to identify specific offences or penalties that attach to non‑compliance with duties that flow from a parcel being HSP land.

• Administrative enforcement will be the responsibility of the statutory office-bearers identified in the Health Services Act (for example the Minister, health service boards, directors or authorised officers). The Order itself does not name enforcement agents; it merely prepares the cadastral basis for any enforcement that the Act prescribes.

• For practical compliance matters (planning, works, leasing), enforcement may also involve other statutory regimes (for example planning approvals or Crown reserve management provisions). The Order’s use of Crown reserve numbers signals that some parcels are subject to reserve instruments that carry separate regulatory compliance obligations and potential sanctions.

• The compilation table and Gazette references document the legal provenance and amendment history of the Order via published Orders (2016 initial Order and later amendment Orders). Challenge or review of the Order as a decision has to be pursued against the authorising Act and the procedural requirements that govern such Orders (including any statutory avenues for review or judicial review under WA administrative law), but no litigation history is provided in this instrument itself.

Practitioners, or those facing potential sanction, should therefore look to Part 16 of the Health Services Act and the applicable regulations to identify the spectrum of sanctions (if any) and enforcement powers. The Order’s role is to identify the parcels to which those statutory provisions apply; the Order does not itself define enforcement procedures or penalties.

The Order intersects directly with several areas of statutory and property law by virtue of its cadastral declarations. The instrument itself is limited to identification, but it triggers interaction with other legal regimes in the following concrete ways:

• Health Services Act 2016 (Part 16). Clause 3(1) expressly ties the declaration to Part 16 and to regulations made under the Act. That creates the primary interaction: any powers, duties, restrictions, leasing or disposal provisions in Part 16 apply to the listed land. The Order therefore acts as the statutory linkage between cadastral records and the health-land regime.

• Land titles law and registration practice. The Order lists Certificate of Title volume and folio entries for each parcel. Those identifiers are recorded in the Western Australian land registration system (Landgate). Any conveyancing, mortgage or caveat activity will need to reconcile the Order with the registered title, and practitioners must check Landgate for current encumbrances, incumbency and any earlier dealings that might affect the declared land.

• Crown reserve and Crown land regimes. Numerous entries include a "Reserve" column with Crown reserve numbers. Crown reserves are administered under separate legislation (for example Land Administration Act and associated regulations). The Order does not displace reserve instruments; it layers the Health Services Act land-classification onto existing Crown reserves, creating a point of overlap that must be managed administratively and legally with the agencies that control Crown reserve management.

• Contractual and MoU frameworks. Clause 3(2) shows the Order can incorporate land the subject of inter-agency agreements (here MoU L2106 with the Public Transport Authority). The declared classification therefore interacts with contractual obligations, and the agencies to a contract or MoU will need to reconcile those arrangements with the statutory obligations that flow from Part 16.

• Private property and third-party interests. The inclusion of sites noted as privately owned (for example the Coral Bay Health Centre entry in Schedule 2 described as "owned by Coral Bay Amalgamated Holdings Pty Ltd") demonstrates an intersection with private property rights. The Order does not itself record transfers of title; it declares parcels for a statutory purpose. If a private owner’s land is declared HSP land, one must examine Part 16 and any transitional provisions to see whether that creates acquisition, compensation, licensing, or other statutory consequences.

The Order has been subject to multiple amendments since its initial Gazettal. The compilation table at the end of the instrument records the sequence of amendment Orders, with Gazette citations and commencement details. The relevant entries are as follows:

• Original Order: Health Services (Health Service Provider Land) Order 2016, published 28 June 2016 p. 2632‑40, with commencement on 1 July 2016 (see clause 2 and Gazette 24 Jun 2016 p. 2291).

• Amendment Order 2017: Health Services (Health Service Provider Land) Amendment Order 2017, Gazetted 6 Jun 2017 p. 2774‑6, with operative effect in June 2017 (clause 1 and 2 on 6 Jun 2017; remainder 7 Jun 2017).

• Multiple 2018 amendments: Amendment Order (No. 3) 2018 (12 Jun 2018 p. 1893‑4), Amendment Order (No. 4) 2018 (14 Sep 2018 p. 3312‑13), Amendment Order (No. 5) 2018 (30 Nov 2018 p. 4595). Each contains commencement clauses with staggered effective dates (the compilation table gives clause-by-clause commencement details).

• Amendment Order 2019: Health Services (Health Service Provider Land) Amendment Order 2019, Gazetted 15 Jan 2019 p. 58 (commencement 16 Jan 2019 for orders other than cl.1 and 2).

• Amendment Order 2021: SL 2021/23, Gazette entry and commencement noted (clause 1 and 2: 12 Feb 2021; remainder 13 Feb 2021).

• Amendment Order 2023: Health Services (Health Service Provider Land) Amendment Order 2023, Gazetted 30 Jun 2023 p. 2213‑20, with the bulk of the Order commencing 2 Jul 2023 and cl.1 and 2 on 1 Jul 2023. Schedule 2 was inserted by that instrument (see the Schedule 2 heading).

• Amendment Order 2025: SL 2025/198 dated 10 Dec 2025, with clause 1 and 2 commencing 10 Dec 2025 and the remainder commencing 11 Dec 2025 (compilation table entry).

Within clause 3 itself the bracketed note records successive amendments to clause 3: the note reads "[Clause 3 amended: Gazette 6 Jun 2017 p. 2774‑6; 12 Jun 2018 p. 1893‑4; 14 Sep 2018 p. 3313; 30 Nov 2018 p. 4595; 15 Jan 2019 p. 58; SL 2021/23 cl. 4; Gazette 30 Jun 2023 p. 2213‑20; SL 2025/198 cl. 4.]" Schedule 1 (Land subject of Memorandum of Understanding) was inserted on 6 Jun 2017 (Gazette 6 Jun 2017 p. 2776), and a plan was added then. Schedule 2 (the 2023 amendment schedule) was inserted on 30 Jun 2023 (Gazette 30 Jun 2023 p. 2213‑20) and significantly expands the list of specific community clinics, hostels, clinics and "on hospital site" parcels.

This Order as provided contains no internal record of any litigation concerning its validity, interpretation, or application. The text contains no named cases, judicial determinations or tribunal decisions. The compilation indicates the instrument and its amendments have been published in the Gazette multiple times (initial 2016 Order and amendment Orders in 2017, 2018, 2019, 2021, 2023 and 2025), but no court decisions or judicial commentary are included in this instrument.

Given the Order’s function as a cadastral declaration under the Health Services Act 2016, any litigation that might arise would typically fall into a few categories (none of which are recorded here): judicial review of the decision to declare particular parcels, disputes about title or compensation if the declaration affects private owners, disputes about the meaning or scope of Part 16 when applied to particular parcels, or contract disputes where declared land is the subject of third-party arrangements such as leases or MoUs. None of those categories are detailed or exemplified in the Order provided.

For any legal matter that requires knowledge of litigation touching this Order, researchers should consult the WA court databases, tribunal records and legal reporting services for reported or unreported decisions that mention the Health Services (Health Service Provider Land) Order 2016 or its amendment instruments. The Government Gazette references in the compilation table give starting points to identify the dates on which particular parcels were declared; searching for judicial review applications or disputes with those dates and parties may surface any legal challenges. The Order itself does not assert that any such proceedings exist.

In the absence of litigation material in the instrument, practitioners should assume the task of finding any adjudicated disputes falls to conventional case‑law research, and should check administrative law case listings, Land Court or Supreme Court files, and any tribunal decisions in the period since each Gazette notice.

The Order’s structure and drafting contain a number of features that create practical hazards for users who treat it as a standalone source. Below are concrete "gotchas" that arise from the instrument itself and from the way it interfaces with other statutory and title regimes.

• Declaratory instrument, not substantive. The Order declares parcels for Part 16 but does not state the legal consequences. Users who rely on the Order alone risk missing the substantive rules, powers and constraints found in Part 16 and the regulations. Always read the Order together with Part 16.

• Cadastral precision but potential ambiguity. Most entries include lot numbers and Certificate of Title volume and folio. However, some entries are recorded as "No Street Address", "Portion of Lot", or list multiple lot numbers for a single site. Practitioners must verify the current Landgate record and the historical title chain; the Gazette entry alone is not a substitute for the title search.

• Crown reserves and overlapping regimes. Many parcels are Crown reserves with reserve numbers listed. That creates overlap between reserve management law and the health-land regime. Do not assume the Order displaces reserve conditions; it overlays Part 16 classification onto whatever tenure the parcel already has. Confirm any reserve management instrument before assuming the HSP can unilaterally alter use or dispose of the land.

• Private ownership entries. Schedule 2 expressly notes the Coral Bay Health Centre premises are "owned by Coral Bay Amalgamated Holdings Pty Ltd". The presence of privately owned land in the Schedule raises practical questions about how Part 16 applies where a private freehold is declared HSP land. That situation requires checking Part 16 for acquisition, compensation or licensing provisions, and reviewing the owner’s title and existing agreements.

• MoU land not necessarily transferred. Clause 3(2) captures land subject to an MoU between the Public Transport Authority and the Minister for Health. That does not necessarily mean ownership has changed hands; it means the parcel is declared for the statutory purpose. Practitioners should look at the MoU terms and the title to see what rights were actually created and whether the statutory classification affects those rights.

• Amendments and timing. The compilation table shows multiple amendment Orders with separate commencement dates. Some parts of an amendment instrument (often clauses 1 and 2) commence on a different date to the remainder. For transactions or compliance checks, it is essential to verify the effective date of the particular amendment that added, removed, or altered a parcel in the Order.

Compliance with the regime created by this Order requires two linked streams of action: (1) confirm whether a given parcel is declared HSP land (using the Order and Landgate records); and (2) determine and fulfil the substantive duties, approvals, or restrictions that apply under Part 16 of the Health Services Act 2016 and any relevant subordinate regulations or reserve instruments. Below is a practical compliance checklist and recommended steps for practitioners advising clients, HSPs, owners, lenders or operators.

1. Confirm parcel identity and provenance

   • Use the lot number and Certificate of Title volume and folio recorded in the Order’s Table or Schedule 2 to perform a Landgate title search. Do not rely solely on street address; the Order anchors declarations to the title particulars (clause 3(1)).
   • Check title encumbrances (mortgages, easements, caveats), registered interests, and historical dealings. For entries listed as "No Street Address" or "N/A" in the Order, obtain the corresponding cadastral plan and confirm the legal description.

2. Read the Health Services Act 2016 Part 16 and regulations

   • The Order declares land "for the purposes of the Health Services Act 2016 Part 16 and regulations made under that Act" (cl.3(1)). The substantive duties, powers (for example, power to lease, to dispose, or to approve works), and any penalties are contained in Part 16 and the regulations. Obtain and analyse those provisions to identify legal obligations that attach to an HSP land classification.

3. For Crown reserves, consult reserve instruments and administering agencies

   • If the parcel is a Crown reserve (a Reserve number is given in the Order), obtain the management order and relevant statutory instrument under the Land Administration Act or other relevant statute to determine any pre-existing limitations or necessary approvals for change of use, lease or disposal.

4. Check for contractual instruments and inter-agency arrangements

   • For parcels referenced to an MoU (clause 3(2)), obtain the MoU text (for example L2106 at King Edward Memorial Hospital) and examine its terms for access, development, compensation, or other rights reserved to parties such as the Public Transport Authority or the Minister for Health.

5. Verify amendment history and effective dates