National Health (Pensioners' Medical Services Committees of Inquiry) Regulations (Cth)

STATUTORY RULES.

1952. No. 100.

 

REGULATIONS UNDER THE NATIONAL HEALTH SERVICE ACT 1948-1949.*

WHEREAS by section 16 of the National Health Service Act 1948-1949 it is provided that the Minister may establish such committees as he thinks fit for the purposes of the Act:

And whereas by the National Health (Medical Services to Pensioners) Regulations and the National Health (Medicines for Pensioners) Regulations made under that Act and by an arrangement made by the Director-General of Health under section 7of that Act and the first-mentioned Regulations provision has been made for and in relation to medical services, medicines and other benefits for pensioners and their dependants:

And whereas the Minister has established a Pensioners’ Medical Services Federal Committee of Inquiry and a Pensioners’ Medical Services State Committee of Inquiry for each State of the Commonwealth:

And whereas by section 22 of that Act it is provided that the Governor-General may make regulations for prescribing, amongst other things, the constitution, powers, functions, duties and procedure of committees established under the Act and the fees and allowances payable to members of those committees:

Now therefore I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following regulations under the National Health Service Act 1948-1949.

Dated this seventh day of November, 1952.

W. J. McKell

Governor-General.

By His Excellency’s Command,

Minister of State for Health.

 

NATIONAL HEALTH (PENSIONERS’ MEDICAL SERVICES COMMITTEES OF INQUIRY) REGULATIONS.

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the National Health (Pensioners’ Medical Services Committees of Inquiry) Regulations.

 

* Notified in the Commonwealth Gazette on , 1952.

4027.—Price 5d. 10/6.11.1952.

Parts.

2. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary. (Regulations 1-3.)

Part II.—The Federal Committee of Inquiry. (Regulations 4-7.)

Part III.—State Committees of Inquiry. (Regulations 8-11.)

Part IV.—Provisions applicable to both Federal and State Committees of Inquiry. (Regulations 12-25.)

Part V.—Miscellaneous. (Regulations 26-29.)

Definitions.

3. In these Regulations, unless the contrary intention appears—

“Chairman” includes a person elected to act as Chairman;

“Deputy Director of Health” means, in relation to a State other than the State of Tasmania, the officer performing the duties of the Commonwealth Deputy Director of Health in that State, and, in relation to the State of Tasmania, means the officer performing the duties of the Senior Commonwealth Medical Officer in that State;

“State Committee of Inquiry” means a Pensioners’ Medical Services State Committee of Inquiry established by the Minister under the Act;

“the Act” means the National Health Service Act 1948-1949;

“the Federal Committee of Inquiry” means the Pensioners’ Medical Services Federal Committee of Inquiry established by the Minister under the Act.

Part II.—The Federal Committee of Inquiry.

Constitution of Federal Committee of Inquiry.

4.—(1.) Subject to this regulation, the Federal Committee of Inquiry shall consist of the Director-General and four legally qualified medical practitioners appointed by the Minister from among six legally qualified medical practitioners nominated by the Federal Council of the British Medical Association in Australia.

(2.) The Director-General may, from time to time, by writing under his hand, appoint a legally qualified medical practitioner to be a member of the Committee in his stead, and the medical practitioner so appointed shall, until his appointment is revoked, be a member of the Committee.

(3.) The members of the Committee appointed by the Minister shall hold office during his pleasure.

(4.) A member of a State Committee of Inquiry may be appointed to be a member of the Federal Committee of Inquiry and may hold both appointments at the same time.

(5.) At a meeting of the Committee three members form a quorum.

(6.) The Committee shall elect one of its members to be Chairman of the Committee.

(7.) At a meeting of the Committee, the Chairman shall have a deliberative vote only.

(8.) In the event of the absence of the Chairman from a meeting of the Committee, the members present shall elect one of their number to act as Chairman during the absence of the Chairman, and the member so elected shall have and may exercise, during the absence of the Chairman, all the powers and duties of the Chairman.

Questions determined by majority.

5.—(1.) All questions before a meeting of the Federal Committee of Inquiry shall be decided by a majority of votes.

(2.) In the event of an equality of votes on a question before a meeting of the Federal Committee of Inquiry, the question shall be deemed to be unresolved, and the Chairman of the Committee may direct that the question be reconsidered at a time and place fixed by the Chairman.

Members not to vote unless present during whole of proceedings.

6. A member shall not vote on a question before the Federal Committee of Inquiry unless he has been present for the whole of the time during which the Committee has received evidence on the matter concerning which the question has arisen.

Functions of Federal Committee of Inquiry.

7.—(1.) Subject to this regulation, the Federal Committee of Inquiry shall inquire into and report to the Minister or the Director-General on any matter referred to the Committee by the Minister or the Director-General in respect of or arising out of the provision of medical services, medicines and other benefits to pensioners and their dependants under the National Health (Medical Services to Pensioners) Regulations or the National Health (Medicines for Pensioners) Regulations or under an arrangement made by the Director-General under section 7 of the Act and the first-mentioned Regulations.

(2.) Except as provided by the next succeeding sub-regulation, this regulation does not authorize the Federal Committee of Inquiry to report to the Minister or the Director-General on the conduct of an approved pharmaceutical chemist in relation to the provision of medicines and other benefits to pensioners and their dependants under the National Health (Medicines for Pensioners) Regulations.

(3.) The last preceding sub-regulation does not preclude a reference in a report by the Committee to the conduct of an approved pharmaceutical chemist where that reference is incidental to a report on the conduct of a medical practitioner.

Part III.—State Committees of Inquiry.

Constitution of State Committees of Inquiry.

8.—(1.) A State Committee of Inquiry shall consist of the Deputy Director of Health in the State in respect of which the Committee has been established and four legally qualified medical practitioners appointed by the Minister from among six legally qualified medical practitioners nominated by the Council of the State Branch of the British Medical Association in that State.

(2.) The members of a Committee appointed by the Minister shall hold office during his pleasure.

(3.) A member of the Federal Committee of Inquiry may be appointed to be a member of a State Committee of Inquiry and may hold both appointments at the same time.

(4.) At a meeting of a Committee three members form a quorum.

(5.) Each Committee shall elect one of its members to be Chairman of the Committee.

(6.) At a meeting of a Committee, the Chairman shall have a deliberative vote only.

(7.) In the event of the absence of the Chairman from a meeting of a Committee, the members present shall elect one of their number to act as Chairman during the absence of the Chairman, and the member so elected shall have and may exercise, during the absence of the Chairman, all the powers and functions of the Chairman.

Questions determined by majority.

9.—(1.) All questions before a meeting of a State Committee of Inquiry shall be decided by a majority of votes.

(2.) In the event of an equality of votes on a question before a meeting of a State Committee of Inquiry, the question shall be deemed to be unresolved, and the Chairman may direct that the question be reconsidered at a time and place fixed by the Chairman.

Members not to vote unless present during whole of proceedings.

10. A member of a State Committee of Inquiry shall not vote on a question before the Committee unless he has been present for the whole of the time during which the Committee has received evidence on the matter concerning which the question has arisen.

Functions of State Committees of Inquiry.

11.—(1.) Subject to this regulation, a State Committee of Inquiry shall inquire into and report to the Minister or the Director-General on any matter referred to the Committee by the Minister or the Director-General in respect of or arising out of the provision in the State for which the Committee has been established of medical services, medicines and other benefits to pensioners and their dependants under the National Health (Medical Services to Pensioners) Regulations or the National Health (Medicines for Pensioners) Regulations or under an arrangement made by the Director-General under section 7 of the Act and the first-mentioned Regulations.

(2.) Except as provided by the next succeeding sub-regulation, this regulation does not authorize a State Committee of Inquiry to report to the Minister or the Director-General on the conduct of an approved pharmaceutical chemist in relation to the provision of medicines and other benefits to pensioners and their dependants under the National Health (Medicines for Pensioners) Regulations.

(3.) The last preceding sub-regulation does not preclude a reference in a report by a State Committee of Inquiry to the conduct of an approved pharmaceutical chemist where that reference is incidental to a report on the conduct of a medical practitioner.

Part IV.—Provisions Applicable to Both Federal and State Committees of Inquiry.

Definition.

12. In this Part, unless the contrary intention appears, “Committee” means the Federal Committee of Inquiry or a State Committee of Inquiry.

Convening of meetings.

13. Meetings of a Committee shall be convened by the Chairman.

Record of proceedings.

14. A Committee shall cause a record of its proceedings to be kept.

Committee not bound by rules of evidence.

15. A Committee shall not be bound by legal rules of evidence but may inform itself on a matter referred to it under these Regulations in such manner as it thinks fit.

Proceedings to be held in private.

16. The proceedings of a Committee shall be held in private.

Medical practitioner affected by inquiry to be given notice.

17.—(1.) Where a matter referred to a Committee concerns the conduct of a medical practitioner, the Chairman of the Committee shall cause notice in writing of the matter so referred and of the time and place at which the Committee intends to hold an inquiry into the matter, to be given to that medical practitioner at least seven days before the date of the inquiry.

(2.) For the purpose of ascertaining whether a matter referred to it concerns the conduct of a medical practitioner, a Committee may, before causing notice to be given to any person, meet and examine any written evidence or allegation referred to the Committee by the Minister or the Director-General in relation to the matter.

(3.) Notice under sub-regulation (1.) of this regulation shall be given by delivering it personally to the medical practitioner or by sending it by prepaid registered letter addressed to him at his last known place of abode or business or by leaving it at his last known place of abode or business with some person apparently an inmate of that place and apparently not less than sixteen years of age.

(4.) Subject to the next succeeding sub-regulation, the Committee shall afford a medical practitioner to whom notice has been given in pursuance of sub-regulation (1.) of this regulation an opportunity of examining witnesses, giving evidence and calling witnesses on his behalf and of addressing the Committee.

(5.) Where a medical practitioner to whom notice has been given in pursuance of sub-regulation (1.) of this regulation fails to attend at the time and place specified in the notice, the Committee may, unless it is satisfied that the medical practitioner is prevented by illness or other unavoidable cause from so attending, proceed to hold the inquiry in his absence.

(6.) For the purposes of this regulation, “inquiry” includes a reconsideration of a question by a Committee in pursuance of sub-regulation (2.) of regulation 5 or sub-regulation (2.) of regulation 9 of these Regulations where that reconsideration involves the rehearing of evidence or the hearing of further evidence.

Summoning of witnesses.

18.—(1.) The Chairman of a Committee may, by writing under his hand, summon a person to attend the Committee at a time and place specified in the summons and to give evidence and to produce any books, documents and writings in his custody or control which he is required by the summons to produce.

(2.) A summons under this regulation shall be served by delivering it personally to the person to be served or by sending it by prepaid registered letter addressed to him at his last known place of abode or business, or by leaving it at his last known place of abode or business with some person apparently an inmate of that place and apparently not less than sixteen years of age.

(3.) A Committee may inspect any books, documents or writings before it, and may retain them for such reasonable period as it thinks fit, and may make copies of such matter as is relevant to the inquiry or take extracts from them.

Committee may examine upon oath or affirmation.

19.—(1.) A member of a Committee may administer an oath to a person appearing as a witness before the Committee, whether the witness has been summoned or appears without being summoned, and may examine the witness upon oath.

(2.) Where a witness conscientiously objects to take an oath, he may make an affirmation instead of taking an oath.

Failure to attend or produce documents.

20.—(1.) A person served with a summons to attend a Committee shall not fail, without reasonable excuse, to attend the Committee or to produce the documents, books or writings in his custody or control which he is required by the summons to produce.

(2.) It shall be a defence to a prosecution for failing without reasonable excuse to produce any documents, books or writings, if the defendant proves that the documents, books or writings were not relevant to the matters the subject of the Committee’s proceedings.

(3.) For the purposes of this regulation, a person shall be deemed to have reasonable excuse in relation to a failure to attend a Committee or produce documents, books or writings, if the excuse is such as would be sufficient to excuse a failure of a similar nature by a witness or person summoned as a witness before a court of law.

Refusal to be sworn or give evidence.

21.—(1.) A person appearing as a witness before a Committee shall not refuse to be sworn or to make an affirmation or to answer a question relevant to the proceedings put to him by a member of the Committee.

(2.) A statement or disclosure made by a witness to a Committee is not, except in proceedings for an offence arising under these Regulations, admissible in evidence against him in civil or criminal proceedings in any Court.

Protection of witnesses.

22. A witness before a Committee shall have the same protection as a witness in any matter before the High Court.

Allowances to witnesses.

23. A witness summoned to attend before a Committee shall be allowed fees in accordance with the scales of fees allowed by the Supreme Court of the State or Territory in which the witness is required to attend or, in special circumstances, such fees as the Committee directs.

Protection of members.

24.—(1.) An action or proceeding, civil or criminal, does not lie against a member of a Committee for or in respect of an act or thing done, or report made, in good faith by the member or the Committee in pursuance of the powers and duties conferred on the member or the Committee by these Regulations.

(2.) An act or thing or a report shall be deemed to have been done or made in good faith if the member or Committee by whom it was done or made was not actuated by ill will to the person affected by it or by any other improper motive.

Fees and allowances for members.

25.—(1.) A member of a Committee (not being an officer of the Public Service of the Commonwealth or of a State) shall be paid a fee of Five pounds five shillings for each day on which he attends a meeting of the Committee.

(2.) A member of a Committee (not being an officer of the Public Service of the Commonwealth or of a State) shall receive, when necessarily absent from his home overnight in connexion with his attendance at a meeting of the Committee, an allowance at the rate of Three pounds three shillings for each day or part of a day during which he is so absent in respect of expenses incurred in travelling in connexion with attendance at that meeting.

(3.) In addition to the allowance specified in sub-regulation (2.) of this regulation, a member of a Committee shall be reimbursed the return fares actually and necessarily incurred by him in travelling from his place of residence to the place where the meeting is held.

Part V.—Miscellaneous.

Minister may direct that medical practitioner be ineligible to participate in arrangements.

26.—(1.) The Minister may, after receipt of a report and a recommendation from the Federal Committee of Inquiry or a State Committee of Inquiry concerning the conduct of a medical practitioner in relation to the provision of medical services, medicines or other benefits to pensioners and their dependants under the National Health (Medical Services to Pensioners) Regulations or the National Health (Medicines for Pensioners) Regulations, or under an arrangement made by the Director-General under section 7 of the Act and the first-mentioned Regulations—

(a) reprimand the medical practitioner; or

(b)direct that he shall cease to be eligible to participate in an arrangement made by the Director-General under section 7 of the Act and the first-mentioned Regulations and shall not again be so eligible for such period (not exceeding twelve months) as the Minister thinks fit.

(2.) The Minister may at any time revoke a direction given under paragraph (b) of the last preceding sub-regulation.

(3.) The Minister may, if he thinks fit, cause notice of action which has been taken under this regulation to be published in the Gazette.

No action to lie for republication of notice.

27.—(1.) An action or proceeding, civil or criminal, does not lie against a person for publishing in good faith a copy of, or a fair extract from, a notice published in the Gazette in pursuance of sub-regulation (3.) of the last preceding regulation.

(2.) A publication shall be deemed to be made in good faith if the person by whom it is made is not actuated by ill will to the person affected by it or by any other improper motive.

Appeal from Minister’s direction.

28.—(1.) A medical practitioner affected by a direction under regulation 26 of these Regulations may appeal against the direction to the Supreme Court of the State or Territory of the Commonwealth in which he resides.

(2) The Supreme Court of each State is invested with federal jurisdiction, and jurisdiction is conferred on the Supreme Court of each Territory of the Commonwealth being part of the Commonwealth, to hear and determine appeals under the last preceding sub-regulation.

(3.) The Minister shall be the respondent in such an appeal.

(4.) Upon the hearing of such an appeal, the Supreme Court may—

(a) admit further evidence, either orally or upon affidavit or otherwise;

(b) permit the examination and cross-examination of witnesses;

(c) affirm, reverse or modify the direction of the Minister; and

(d) order a party to pay costs to another party.

Offences.

29. A person shall not contravene or fail to comply with a provision of these Regulations.

Penalty: Fifty pounds or imprisonment for six months.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.