Medical Practitioners (Amendment) Act 1957 (NSW)

MEDICAL PRACTITIONERS (AMENDMENT) ACT.

Act No. 20, 1957.

An Act to make further provision for the issue to persons of licenses to practise in one or more branches of medicine or surgery or both; to enable those persons and certain other persons to obtain registration as medical practitioners in certain events; for these and other purposes to amend the Medical Practitioners Act, 1938-1956, and certain other Acts; and for purposes connected therewith. [Assented

to, 29th April, 1957.] BE

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis­	lat ive Council a n d Legislative Assembly of New South
Wales in Parl iament assembled, and b y t h e author i ty of the same, as follows:—

1 . (1) This Act may b e cited, as the "Med ica l P rac ­

t i t ioners (Amendment) Act , 1957" .

(2) The Medical P rac t i t ione r s Act, 1938, as

amended by subsequent Acts a n d by this Act, may be

cited as the Medical P rac t i t ione r s Act, 1938-1957.

2, The Medical P rac t i t ione r s Act, 1938-1956, is

amended—

(a)	(i)	by inser t ing a t t h e end of p a r a g r a p h (f) of subsection one of. section seventeen the
following word and new p a r a g r a p h : —

" o r

(g)	has held a license under subsection f o u r of section 21c of th is Act for a per iod o r per iods aggrega t ing four yea r s or. more and has , dur ing the per iod or per iods du r ing which he has he ld such license, been em­
ployed— (i) as a medical officer in S ta te

hospi ta ls , menta l hospi ta ls ,

public hospi ta ls , p r iva te hos­

pi ta ls	or o ther ins t i tu t ions	to
which tha t	section r e l a t e s ;	or

(ii) on a full-time basis as an

ass i s tan t to a reg is te red

person o r p e r s o n s ; "

(ii)

(ii)   by inserting next after subsection two of the same section the following new subsec­

t ions :—

(2A) Notwi ths tand ing subsection one of

this section a pe r son may be regis tered if—

(a)	he proves to the satisfaction of the board t ha t he has passed th rough a regu la r g r aded course of medical s tudy of five or more yea r s dura­ t ion in a school of medicine in some p a r t of the Br i t i sh E m p i r e or in some other count ry and has re ­ ceived af ter due examinat ion f rom a univers i ty , college or o ther body wi th which such school of medicine is associated, and which is duly recognised for the purpose in such p a r t or country, a degree or diploma cert ifying to his abil i ty to prac t i se medicine or s u r g e r y ; and
(b)	he is or was by law entitled to be
reg is te red or to p rac t i se as a
medical p rac t i t ioner in such p a r t
or coun t ry ; and
(c)	the board has reported to the Minis ter t h a t such person by v i r tue of his qualifications and experience in the pract ice of medicine or

medicine or surgery , should not be surgery , or of a n y b ranch of

requi red to a t tend the courses and

pass the examinat ions re fe r red to in s u b p a r a g r a p h (iii) of p a r a g r a p h (c) of subsection one of this section and has recommended t h a t the re­ qui rements of subsection one of this section be waived in re la t ion to

such p e r s o n ; and

(d) the Minister has approved of the recommendat ion of the board .

( 2 B )

(2B) Notwi ths tanding subsection one of this section a person may be regis tered if—

(a)	he proves to the satisfaction of the
board the several m a t t e r s specified
in p a r a g r a p h (a) of subsection

(2A) of th is sect ion; and

(b) he complies with p a r a g r a p h (b) of

t ha t subsection; and

(c)	he has been employed as and has been prac t i s ing as a medical p rac ­ t i t ioner in the employment of the Commonwealth of Aus t r a l i a in a
T e r r i t o r y of or under the au thor i ty
of the Commonwealth for a
per iod or per iods aggrega t ing

five yea r s or m o r e : P rov ided tha t such employment commenced or was completed before the th i r ty - first day of December, one thousand nine hundred and fifty- six, or, where a la te r da te has been prescribed, before such la te r date .

(2c) Subsection (2A) of th is section shall app ly only to a person who was on the thirty-first day of December, one thousand nine hundred and fifty-six, or, where a l a te r da te has been prescribed, before such la te r date , domiciled in New South Wales and is on the day on which he applies to the board for reg i s t ra t ion so domiciled, or to a person

who was , on the thirty-first day of Decem­	ber, one thousand nine hundred and fifty-
six, or, where a l a te r da te has been p re ­ scribed, before such la ter da te , res ident in the said S ta te and has been continuously so res ident since t ha t day u p to the day on which he applies to the board for regis t ra­ t ion.

(iii)   by inserting in subsection three of the same

section af ter the words " r e f e r r e d to in

p a r a g r a p h (d) or p a r a g r a p h (e) or pa ra ­

g raph (f) " the words " o r p a r a g r a p h ( g ) " ;
(iv)

(iv)   by inserting in the same subsection after the

words " subsec t ion t w o " the word, symbols

and figures " ( 2 A ) or ( 2 B ) " ;

(b) (i) by inse r t ing in subsection one of section

twenty-one	af ter	the	words	" p o s t - g r a d u a t e
t e a c h i n g "	where	secondly	occurr ing	the
words	" o r	for	receiving	pos t -g radua te
t u i t i o n ' ' ;

(ii)   by inserting in the same subsection after the

word " t w o " t h e symbols and figures " ,

( 2 A ) , ( 2 B ) " ;

(iii)   by inserting in subsection two of the same

section af ter the words " p o s t - g r a d u a t e

t e a c h i n g " the words " o r for receiving post­

g r adua t e t u i t i o n " ;

(iv)    by i n se r t i ng in p a r a g r a p h (a) of subsection t h r e e of the same section af ter the words " f o r pos t -g radua te t e a c h i n g " the words " o r

for. rece iv ing pos t -g radua te t u i t i o n " ;

(v)   by inserting in the same subsection after the

words " p o s t - g r a d u a t e t e a c h i n g " where

secondly a n d th i rd ly occurr ing the words

" o r pos t -gradua te t u i t i o n " ;

(c) (i) b y omi t t ing f rom subsection two of section

21A the words " W i t h o u t prejudice to the

genera l i ty of p a r a g r a p h (b) of this subsec­

t ion t he board m a y requi re t ha t in or towards- proof of experience-in the pract ice of medicine a n d surgery , t h e appl icant shall

sat isfy t h e boa rd t h a t he h a s passed a tes t

(not being a wr i t t en tes t ) o f such n a t u r e as

the board, m a y specify e i t h e r genera l ly or in

a n y pa r t i cu l a r case. Amy such tes t shall be conducted by examiner s approved by the

board for the p u r p o s e . "

(ii)   by inserting next after subsection eight of t he same section t h e following new subsec­ tion :—

(8A) W h e r e the boa rd has notified the Minis ter t h a t it has decided t h a t none of the appl ican ts is suitable to be the holder of

a a certificate of regional regis t ra t ion in respect of the region, the Minis ter may direct the board to issue and if the board fails to comply with any such direction the Minis ter may issue a certificate of regional reg is t ra t ion in respect of the region to a person who holds or is enti t led to apply for a license under subsection four of section 21c of this Act.

A certificate issued under this subsection shall for all purposes of this Act be deemed to be a certificate issued under this section by the board and the provis ions of subsec­ tions nine and ten of this section shall app ly as if such certificate had been gran ted on the appl icat ion of the person to whom the certificate is issued.

(d)	by omit t ing p a r a g r a p h (a) of subsection one of section 21B and by inser t ing in lieu thereof the
following p a r a g r a p h : —

(a)	was domiciled in the State of New South Wales on the first day of J a n u a r y , one thousand nine hundred and fifty-four, and is on the day on which he applies to the board for a license under this section so domiciled, or resided in the said S ta te on the first day of J a n u a r y , one thousand nine hundred and fifty-four, and has been continuously so resident since that day
up to the day on which he makes such
an appl ica t ion;

(e) by inserting next after section 21B the follow­ ing new sect ion:—

21c. (1) Any person who—

(a)	resided or was domiciled in the State of New South Wales on the thirty-first day of December, one thousand nine hundred and fifty-six, or, where a later da te has been prescribed, before such
la te r d a t e ; and

(b)

(b)	proves to the satisfaction of the board
the several m a t t e r s re fe r red to in
p a r a g r a p h (b) of subsection one of sec­
t ion 21B of this A c t ;

m a y apply to the board for a license under sub­

section three of th i s section.

(2) W h e r e the board is satisfied t ha t

such person is enti t led to app ly for a license unde r this section the board m a y recommend to the Minis ter tha t such person by v i r tue of his qualifications and h i s experience in the pract ice of medicine or su rge ry or of any b ranch of medicine or su rge ry be g ran ted a license under

subsection t h r e e of th is section.

(3) If the Minis ter has approved of the recommendat ion of the boa rd i t shall issue to such person a license—

(a)	to p r ac t i s e in all branches: of medicine
and s u r g e r y ; or
(b)	to practise in such one or more b ranches of medicine or su rge ry or both as- may be specified in the license,

but in either- case only u n d e r such supervis ion and as a medical officer in such Sta te hospi tal , menta l hosp i ta l ,pub l ic hospi tal , p r iva te hospi ta l o r other inst i tut ion as the Minis ter may direct.

(4) W h e r e the holder of a license unde r

subsection three of this section has completed to

the sat isfaction of the Minis ter a per iod of	twelve months service as a medical officer under
supervis ion in one of the ins t i tu t ions specified in subsection three of th is section the board shall upon such person pass ing the prescr ibed test (not being a wr i t t en tes t ) and upon applicat ion by such person and upon paymen t of a fee of th ree pounds- t h r e e shil l ings issue to such person
a	l icense—

(a)	to practise in all branches of medicine
and s u r g e r y ; or

(b)

(b) to prac t i se in such one or more branches of medicine or su rge ry or both as may be specified in the license,

but in ei ther case only as a medical officer in such S ta te hospital , menta l hospital , public hos­ pi ta l , p r iva te hospi ta l or other inst i tut ion or as an ass i s tan t to such reg is te red person, as the Minis ter may direct.

The prescr ibed tes t for the purposes of this subsection shall be a test as to such pe r son ' s knowledge and skill to pract ise as a medical prac t i t ioner and shall be conducted by an examining committee consist ing of three persons .

One of such persons shall be the Dean of the Facu l ty of Medicine, Univers i ty of Sydney, one shall be a regis tered person who shall be appointed by the Boa rd and the other shall be a regis tered person appointed by the Minister .

The Minis ter shall not make any direction p u r s u a n t to this subsection which would have the effect of ent i t l ing a person licensed to prac t i se under this subsection to be an ass is tant to a regis tered person while such regis tered person has as an ass i s tan t a person so licensed.

(5) A license issued under subsection three or four of this section shall, subject to this Act, have effect for a per iod of one y e a r f rom date of issue, bu t may be renewed by the

board from time to time for a like per iod upon	the applicat ion of the person to whom the license
was issued.
(6) The provisions of subsections six and seven of section seventeen of this Act shall, muta t i s mutandis , extend to and in respect of the issue of a license unde r this section.
(7) W h e r e a license has been issued to any person under this section, and while the license has effect, t ha t person shall (for pur ­ poses connected with or re la t ing to the pract ice

of

of medicine or su rge ry or both to the extent per ­ mi t ted by the license) be deemed to be reg is te red under this Act.

(8) The provis ions of sections twenty- seven, twenty-eight a n d twenty-nine of this Act shall, muta t i s mutand i s , app ly to and in respect of a person to whom a license has. been issued under this section.

F o r the purpose of tha t applicat ion a refer­ ence to a " r e g i s t e r e d p e r s o n " shall be construed as a reference to a pe r son to whom a license has been issued, unde r this section, and: any p ro ­ vision re la t ing to the removal of the name of any person from the reg i s te r shall be const rued as a provis ion re la t ing to the revocat ion of a license.

(f) (i) by omi t t ing from subsection one of section thir ty-one the words " c o p y of the r e g i s t e r " and by inser t ing in lieu the reof the words " l i s t of the names and addresses entered in

the r e g i s t e r " ;

(ii)   by omitting from subsection two of the same section the words " c o p y of the r e g i s t e r " and by inser t ing in lieu the reo f the word " l i s t " ' ;

(iii)   by omitting from the same subsection the word " c o p y " where secondly, th i rd ly and fourthly occurr ing and by inser t ing in lieu

thereof the word " l i s t " ;

(g) (i.) b y omit t ing f rom subsection two of section thirty-five the words " o n e m o n t h " and by

inser t ing in lieu thereof	t h e words	" t h r e e
m o n t h s " ;

(ii)   by omitting, from subsection three of the same section the words " o n e m o n t h " and by inser t ing in l i eu thereof t h e words ' ' three m o n t h s ' ' ;

(h)	by omitting from subsection one of section
thi r ty-s ix the words " o n e m o n t h " a n d by inser t ­
ing in lieu thereof the words " t h r e e m o n t h s " ;

(i)

(i)   by inserting at the end of subsection one of sec­

t ion fifty-three the following new p a r a g r a p h : —
(i) r equ i r ing	any	pe r son	unde r	whose

supervis ion the holder of a license under subsection three of section 21c of this Act is p rac t i s ing to furnish r epor t s to the Minister .

3. (1) The Dent is t s Act, 1934-1946, is amended—

(a)	by omitting from subsection two of section six the words "cert i f ied copy of such r e g i s t e r " and by inser t ing in lieu thereof the words " l i s t of the names and addresses entered in the r e g i s t e r " ;
(b)	by omit t ing p a r a g r a p h (b) of subsection one of

section twenty.

(2) The Dent is ts Act, 1934, as amended by sub­

sequent Acts and by this section, may be cited as the

Dent is t s Act, 1934-1957.

4. (1) The Opticians Act, 1930-1955, is amended—
(a)	by omitting from subsection one of section th i r teen the words " a certified copy of the r e g i s t e r " and by inser t ing in lieu thereof the words " a list of the names and addresses
entered in the r e g i s t e r " ;
(b)	by omitting from the same subsection the words " t h e same or such ext rac ts theref rom as may be p r e s c r i b e d " and by inser t ing in lieu thereof the
words " s u c h l i s t " .

( 2 )

(2.) The Opticians Act, 1930, as amended by sub­ sequent Ac t s a n d by th is section,, may be cited as the Opticians Act, 1930-1957.

5. (1) The Phys io the rap i s t s Regis t ra t ion Act, 1945-

1947, is amended—

(a) (i) by omit t ing from subsection five of section twenty the words " a certified copy of such r e g i s t e r " and by inser t ing in. lieu thereof the words " a list of the names and

addresses entered in the r e g i s t e r " ;

(ii)   by omitting from the same subsection the word " c o p y " where secondly occurr ing and b y inser t ing in lieu thereof the word " l i s t " ;

(b) by omit t ing p a r a g r a p h (b) of subsection one of

section thir ty-one.

(2) The Phys io the rap i s t s Reg i s t r a t ion Ac t , 1945,

as amended by subsequent Acts and by this section, may

be cited as the Phys io the rap i s t s	Regis t ra t ion	Act,	1945
1957.

6.     (1) The P h a r m a c y Act, 1897-1954, is amended by

inser t ing in section ten after the word " n a m e s " the

words " a n d a d d r e s s e s " .

(2) The P h a r m a c y Act, 1897, as amended by sub­

sequent Acts and by this section, m a y be cited as the

P h a r m a c y Act, 1897-1957.

P U B L I C