Medical Practitioners' Act 1898 (NSW)

Act No. 2G, 1898.

An Act to consolidate the Enactments relating to the qualifications of medical Avitnesses at Coroners' Inquests and at Inquiries by justices of the peace touching* the death of any person, and the Enactments providing for the registration of legally qualified medical

practitioners. [27th July, 1898.]

Assembly of New South Wales in Parliament assembled, and by the BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative

authority of the same, as follows :—

1. This Act m'a'y be'cited as the "Medical Practitioners' Act,

1898." 2.

2. The Acts mentioned in the Schedule to this Act are to the

extent therein specified hereby repealed.

The president, members, and secretary of the New South Wales Medical Board, appointed under the Acts hereby repealed and holding office at the t ime of this Act coming into force, shall remain in office as if appointed under this Act.

Who to be deemed legally qualified medical practitioners.

3. The following persons and no others shall, for the purposes of the Coroners' Act, 1898, be deemed " legally qualified medical practi­ tioners " :—

(1) Any person who proves to the satisfaction of the " New South

Wales Medical Board " —

(a)	that he is a doctor or bachelor of medicine of some university, or a physician or surgeon licensed or admit ted as such b y some college of physicians or surgeons in Great Britain or Ireland ; or
(b)	that he has passed through a regular course of medical study of not less t h a n three years ' durat ion in a school of medicine, and t h a t he has received, after due examination, from the Universi ty of Sydney or from some university, college, or other body duly recognised for t h a t purpose in the country to which such university, college, or other body belongs, a diploma, degree, or license entitl ing him to practice medicine in t h a t country ; or
(c)	that he is a member of the Company of Apothecaries of London, or a member or licentiate of the Apothecaries' Hall of Dublin.

(2) Any person who is or has been a medical officer duly appointed

and confirmed of Her Majesty's sea or land service.

Registration of legally qualified medical practitioners.

4 . ( 1 ) The Governor shall appoint a board to consist of not less

than three members.

(2) The members of the board shall be chosen from the medical

profession.

(3) The Governor shall nominate one of the members of the

board as president.
(4) Three members of the board shall form a quorum, and in t he absence of the president any other member of the board may preside for the t ime being.

(5) The Governor shall appoint a secretary to the said board. (6) The name of the Board shall be " The New South Wales

Medical Board."

5. (1) Any person desirous of being declared a legally qualified medical practi t ioner as aforesaid shall submit his degree, diploma, or other certificate or proof of his being so qualified for the examination and approval of the said board, and shall obtain from the said board a certificate of his being so qualified

(2) The said board may examine any person who presents himself for examination or any witness produced before them, and may take a s ta tu tory declaration from such person or witness.
(3) Every person who proves to the satisfaction of the said board t h a t he is possessed of one or other of the qualifications mentioned in section three subsection (1) of this Act shall be entit led to a certificate from the said board as a legally qualified medical practi t ioner

6. The said board shall cause the names of all legally qualified medical practi t ioners as aforesaid to be registered in a book to be kept by the said board for t h a t purpose, and shall also cause all the names so registered to be published in the Government Gazette on or about the first day of J a n u a r y annually for the information of coroners, magistrates, and the public.

7. Any person who—

(n)	wilfully, knowingly, and corruptly makes any false statement upon any examination or in any declaration before the New South Wales Medical Board ; or
(b)	utters or attempts to utter or put off as true before the said board any false, forged, or counterfeit diploma, degree, license, certificate, or other document or writing,

shall be guilty of a misdemeanour and liable to imprisonment with or

without hard labour for any period not exceeding three years.

8. Any person who—

(a)	fraudently or by false representations obtains any certificate as a duly qualified medical practi t ioner under the provisions
of this Act ; or

(b) forges, alters, or counterfeits any such certificate ; or

(c)	utters or uses any such forged certificate knowing the same to have been forged : or
(d)	falsely advertises or publishes himself as having obtained such certificate,

shall be guilty of a misdemeanour and liable to imprisonment with or

wi thout hard labour for any period not exceeding three years.

THE

Stamp Duties.

THE SCHEDULE.

Reference to Acts. Title or short title. Extent of Repeal.

i

2 Vic. No. 22 . . An Act to define the qualifications of medical wit- The whole Act.

nesses at coroners' inquests and inquiries held before justices of the peace in the Colony of New South Wales.

9 Vic. No. 12. . An Act to amend an Act to define the qualifications The whole Act,

of medical witnesses at coroners' inquests and inquiries held before justices of the peace in the Colon v of New South Wales.

19 Vic. No. 17. . The " Medical Practitioners' Act of 1855 " . . . . . The whole Act,

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