South Australian Numbered Acts

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HEALTH CARE ACT 2008 (NO 3 OF 2008) - SECT 42

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.



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