National Security (Medical Co-ordination and Equipment) Regulations (Cth)

STATUTORY RULES.

1943. No. 51.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

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 Security Act 1939-1940.

Dated this third day of March, 1943.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence.

———

NATIONAL SECURITY (MEDICAL CO-ORDINATION AND EQUIPMENT) REGULATIONS.

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the National Security (Medical Co-ordination and Equipment) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for Defence.

Repeal and saving.

3.—(1.) The National Security (Medical Co-ordination and Equipment) Regulations (being Statutory Rules 1939, No. 178, as amended by Statutory Rules 1941, Nos. 53, 196 and 247; and 1942, Nos. 107, 152, 173, 207, 223 and 314) are repealed.

(2.) The persons holding office immediately prior to the commencement of these Regulations as Chairman, Deputy Chairman and members of the Central Medical Co-ordination Committee under the repealed Regulations shall be the Chairman, Deputy Chairman and members, respectively, of the Central Medical Co-ordination Committee under these Regulations.

* Notified in the Commonwealth Gazette on , 1943.

 

(3.) Every sub-committee of the Central Medical Co-ordination Committee appointed under regulation 3a of the repealed Regulations shall continue as if it had been appointed under these Regulations.

(4.) Every delegation given by the Central Medical Co-ordination Committee or the Chairman of the Central Committee under regulation 3b of the repealed Regulations shall continue to have effect as if it were a delegation given by the Central Medical Co-ordination Committee or by the Chairman of the Central Committee under these Regulations.

(5.) Every Proclamation under regulation 4a of the repealed Regulations shall continue in force as if it had been made under these Regulations.

(6.) Every appointment of a medical officer under regulation 4a of the repealed Regulations shall continue in force as if it had been made under these Regulations, and every exemption from service in the Citizen Forces granted under that regulation shall continue in force as if it had been granted under these Regulations.

(7.) All persons enrolled as members of the Emergency Civil Medical Practitioner Service constituted under regulation 4b of the repealed Regulations shall be enrolled as members of the Emergency Civil Medical Practitioner Service constituted under these Regulations, and every exemption from service in the Emergency Civil Medical Practitioner Service granted under that regulation shall continue in force as if it had been granted under these Regulations.

(8.) The persons holding office immediately prior to the commencement of these Regulations as Chairman, Deputy Chairman and members of the Medical Equipment Control Committee under the repealed Regulations shall be the Chairman, Deputy Chairman and members, respectively, of the Medical Equipment Control Committee under these Regulations.

(9.) The persons holding office immediately prior to the commencement of these Regulations as Chairman, Executive Officer, and members of each State Medical Co-ordination Committee under the repealed Regulations shall be the Chairman, Executive Officer, and members, respectively, of the State Medical Co-ordination Committee under these Regulations.

(10.) Officers appointed under regulation 10b of the repealed Regulations and holding office immediately prior to the commencement of these Regulations shall continue to hold office as officers under these Regulations.

(11.) The Director-General of the Emergency Civil Medical Practitioner Service appointed under regulation 4ba of the repealed Regulations shall continue to hold office as if he had been appointed under these Regulations.

(12.) All orders and directions made, issued, or given under the repealed Regulations and in force immediately prior to the commencement of these Regulations shall continue in force as if made under these Regulations.

Parts.

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

Part I.—Preliminary.

Part II.—Medical Co-ordination and Equipment Committees.

Part III.—Service in Citizen Forces or Emergency Medical Service.

Part IV.—The Emergency Medical Service.

Part V.—Provisions relating to Hospitals.

Part VI.—Control of Medical Equipment.

Part VII.—Miscellaneous.

Definitions.

5.—(1.) In these Regulations, unless the contrary intention appears—

“authorized person” means any person appointed by the Chairman of the Central Committee, of a State Committee or of the Medical Equipment Control Committee to be an authorized person for the purposes of these Regulations;

“medical equipment” includes all goods used for medical, surgical, dental or veterinary purposes;

“medical personnel” includes medical practitioners, medical students, dentists, dental mechanics, dental students, pharmacists, pharmacy apprentices and masseurs;

“medical practitioner” means a medical practitioner registered or licensed to practise in any part of Australia;

“State Committee” means a State Medical Co-ordination Committee constituted under these Regulations;

“the Central Committee” means the Central Medical Coordination Committee constituted under these Regulations;

“the Chairman”, in relation to any Committee, includes the Deputy Chairman of the Committee while acting as Chairman in accordance with these Regulations;

“the Emergency Medical Service” means the Emergency Civil Medical Practitioner Service established under these Regulations;

“the Medical Equipment Control Committee” means the Medical Equipment Control Committee constituted under these Regulations;

“the repealed Regulations” means the Regulations repealed by these Regulations.

(2.) For the purposes of these Regulations, the Australian Capital Territory and the Jervis Bay Territory shall be deemed to be part of the State of New South Wales.

Part II.—Medical Co-ordination and Equipment Committees.

Central Medical Co-ordination Committee.

6. There shall be a Central Medical Co-ordination Committee consisting of—

(a) the Director-General of Medical Services, Australian Military Forces, who shall be Chairman of the Committee;

(b) the Director-General of Health;

(c) the Director of Naval Medical Services;

(d) the Director-General of Medical Services, Royal Australian Air Force;

(e) a member appointed by the Minister to represent the Adjutant-General;

(f) the Secretary, Department of Home Security;

(g) the Director-General of Man Power;

(h)two members appointed by the Minister to represent the British Medical Association in Australia;

(i) one member appointed by the Minister to represent the Joint Councils of Royal Colleges of Surgeons and Physicians of Australasia; and

(j) two other members appointed by the Minister, one of whom shall be a medical practitioner.

Medical Equipment Control Committee

7.—(1.) There shall be a Medical Equipment Control Committee consisting of—

(a) a Medical Officer of the Defence Force, who shall be the Chairman of the Committee;

(b) a representative of the Department of Health;

(c) a representative of the British Medical Association in Australia;

(d) a representative of the Department of Supply and Shipping;

(e) a representative of the Department of Trade and Customs;

(f) a representative of the Department of War Organization of Industry; and

(g)one other member, who shall be a medical practitioner and shall be the Deputy Chairman of the Committee.

(2.) The members of the Committee shall be appointed by the Minister.

State Medical Co-ordination Committees.

8. There shall be in each State a State Medical Co-ordination Committee consisting of—

(a) the Deputy Director of Medical Services, Australian Military Forces, in the State, who shall be Chairman of the Committee;

(b)a Naval Medical Officer appointed by the Director of Naval Medical Services;

(c) an Air Force Medical Officer appointed by the Director-General of Medical Services, Royal Australian Air Force;

(d)one member appointed by the Minister to represent the State Branch of the British Medical Association in Australia;

(e) one member appointed by the Minister to represent the Department of the State administering matters relating to public health;

(f) one member appointed by the Minister to represent the authority responsible for the control of hospitals;

(g)a medical practitioner appointed by the Minister to act as the Executive Officer of the Committee; and

(h) one other member appointed by the Minister.

Deputy Chairmen of Committees.

9.—(1.) The Minister may appoint a member of the Central Committee who is a medical practitioner to be the Deputy Chairman of that Committee.

(2.) The Deputy Chairman of the Central Committee shall be paid such salary and allowances (if any) as the Minister determines.

(3.) The Executive Officer of each State Committee shall be the Deputy Chairman of that Committee.

(4.) The Deputy Chairman of each Committee shall act as Chairman of that Committee whenever so directed in writing by the Chairman, or whenever the Chairman is unable, owing to illness or for any other reason, to perform the duties of that office, and, while so acting, shall have, and may exercise and perform, all the powers and functions of the Chairman under these Regulations.

(5.) In the event of the illness or absence of both the Chairman and the Deputy Chairman of the Central Committee, the Minister may appoint a member of the Central Committee who is a medical practitioner to act as Deputy Chairman for such period as is necessary in the circumstances.

Meetings of Committees.

10.—(1.) Meetings of any of the Committees mentioned in regulations 6, 7 and 8 of these Regulations shall be held at such times and places as are determined by the Committee or notified to members of the Committee by, or at the direction of, the Chairman.

(2.) In the event of the Chairman being unable to attend any meeting of the Central Committee, he may, by writing under his hand, nominate a medical officer of the Australian Military Forces to attend in his stead, and the person so nominated shall have and may exercise at that meeting all the powers of a member of the Central Committee.

(3.) In the event of any member (other than the Chairman) being unable to attend any meeting of a Committee, he may nominate a person to attend in his stead.

(4.) A nomination in pursuance of the last preceding sub-regulation shall be in writing signed by the member, and shall be forwarded to the Chairman of the Committee prior to the commencement of the meeting to which it relates.

(5.) Any person nominated under sub-regulation (3.) of this regulation to attend a meeting of a committee shall have and may exercise at that meeting all the powers of the member by whom he was nominated.

Quorum of committees.

11. At meetings of any of the Committees mentioned in regulations 6, 7 and 8 of these Regulations—

(a)four members shall constitute a quorum in the case of the Central Committee or a State Committee, and three members shall constitute a quorum in the case of the Medical Equipment Control Committee;

(b)the Chairman shall have a deliberative vote, and, in the event of an equality of votes, shall also have a casting vote;

(c) all questions before the Committee shall be decided by a majority of votes.

Functions of Central Committee.

12. The Central Committee shall exercise and perform powers and functions in accordance with these Regulations in relation to—

(a)the provision and distribution of medical personnel for the service of the Naval, Military and Air Forces of the Commonwealth and of the civil population;

(b) the supply and distribution of medical equipment; and

(c) the provision of hospital accommodation, equipment and staff to meet any emergency arising out of the war,

and shall give directions to, and exercise general supervision over, State Committees.

Functions of Medical Equipment Control Committee.

13. The Medical Equipment Control Committee shall exercise and perform powers and functions in accordance with these Regulations in relation to medical equipment, and shall make investigations and submit reports and recommendations to the Central Committee concerning—

(a) the supplies of medical equipment available in Australia;

(b) any existing or expected shortage of such equipment;

(c) any action necessary to meet or obviate any such shortage;

(d) the production of medical equipment in Australia, and the cultivation of trees and plants for the production of drugs;

(e) any action necessary or desirable in relation to the regulation, restriction or prohibition, of the production, storage, distribution, sale, purchase and use of medical equipment; and

(f) any matters relating to medical equipment which are referred to the Committee by the Central Committee.

Functions of State Committees.

14. A State Committee appointed in any State shall exercise and perform such powers and functions in relation to medical personnel, medical equipment, hospital accommodation, hospital equipment and hospital staff as are conferred upon, or delegated to, the Committee by or under these Regulations, and shall make investigations and submit reports, plans and recommendations—

(a) to the Central Committee concerning—

(i) the medical personnel available in the State and the disposition thereof;

(ii) any action which may be necessary in relation to medical personnel in the State to provide for the needs of the Naval, Military, and Air Forces of the Commonwealth and of the civil population in the State;

(iii) any action which may be necessary in the State in relation to hospital accommodation and the staff and equipment of hospitals to provide for the needs of the Naval, Military and Air Forces of the Commonwealth and of the civil population of the State; and

(iv) any matters referred to the Committee by the Central Committee; and

(b)to the Medical Equipment Control Committee concerning—

(i) the supplies of medical equipment available in the State;

(ii) any action which may be necessary to meet any existing or expected shortage of medical equipment in the State; and

(iii) any matters relating to medical equipment which are referred to the Committee by the Medical Equipment Control Committee.

State Committees to comply with certain directions.

15. A State Committee shall comply with—

(a)all directions given by the Central Committee in relation to the exercise and performance of the powers and functions of the State Committee under these Regulations;

(b)all directions given by the Medical Equipment Control Committee in regard to medical equipment;

(c) all directions given by the Director-General of the Emergency Medical Service in giving effect to the decisions of the Central Committee relating to that Service.

Remuneration of Executive Officers.

16. The Executive Officer of a State Committee shall be paid such pay and allowances as the Minister determines.

Officers of the Central, Medical Equipment Control and State Committees.

17.—(1.) The Minister may appoint such secretaries and other officers as are necessary to assist the Central Committee, the Medical Equipment, Control Committee and the State Committees.

(2.) Officers so appointed shall hold office during the pleasure of the Minister and upon such terms and conditions as the Minister determines.

Sub-Committees of the Central Committee.

18.—(1.) The Central Committee may appoint sub-committees to advise and assist the Central Committee in relation to such classes of matters as are respectively specified in the instruments of appointment (being matters related to the functions of the Committee).

(2.) Each sub-committee shall consist of the Chairman of the Central Committee, one or more other members of the Central Committee and one or more persons having specialized knowledge of the class of matters in respect of which the sub-committee is appointed.

(3.) The Chairman of the Central Committee shall, ex officio, be Chairman of each sub-committee, but may, if he thinks fit, appoint any member of the Central Committee to act as Chairman of a subcommittee whenever the Chairman is unable, owing to illness or for any other reason, to attend any meeting of that sub-committee, and may, at any time, appoint a member of the Central Committee to act as Chairman of a sub-committee at any particular meeting thereof.

(4.) A sub-committee appointed in pursuance of this regulation in respect of any class of matters—

(a) may inquire into, and make reports and recommendations to the Central Committee in relation to any matter included in that class which should, in the opinion of the sub-committee, be brought under the notice of the Central Committee;

(b) shall inquire forthwith into any matter included in that class which is referred to the sub-committee for advice by the Central Committee and submit reports and recommendations in relation thereto to the Central Committee; and

(c) shall give such other assistance to the Central Committee as is specified in any directions given, from time to time, by that Committee.

Sub-committees of State Committees.

19.—(1.) The Central Medical Co-ordination Committee may appoint in each State sub-committees to assist the State Committee in relation to such classes of matters as are respectively specified in the instruments of appointment (being matters related to the functions of the State Committee) and may appoint a Chairman and Deputy Chairman of each sub-committee.

(2.) The Chairman of a State Committee may appoint a member of that committee to act as Chairman of a sub-committee at any meeting at which the Chairman and Deputy Chairman thereof are unable, owing to illness or for any other reason, to be present.

Delegation.

20.—(1.) Where by these Regulations any power is conferred upon the Central Committee or upon the Chairman of the Central Committee, the power may be delegated—

(a) to any member of the Central Committee; or

(b)in relation to any State, to the State Committee or the Chairman or any member of the State Committee.

(2.) A delegation in pursuance of this regulation—

(a) shall be in writing signed by the Chairman of the Central Committee;

(b)may be given subject to conditions and restrictions in relation to the exercise of the delegated power;

(c) shall be revocable in writing by the Central Committee; and

(d)shall not affect the exercise of any power or function by the Central Committee or by the Chairman of the Central Committee, as the case may be.

Authentication of documents.

21.—(1.) Any appointment, certificate, delegation, notice, direction, or requirement authorized by these Regulations to be granted, made, given or issued by any of the Committees mentioned in regulations 6, 7 and 8 of these Regulations shall be sufficiently authenticated if signed—

(a) in the case of the Central Committee or the Medical Equipment Control Committee—by the Chairman;

(b) in the case of a State Committee—by the Chairman or the Executive Officer.

(2.) Any appointment, certificate, delegation, notice, direction, or requirement purporting to have been signed—

(a) by the Chairman of the Central Committee or of the Medical Equipment Control Committee; or

(b)by the Chairman or Executive Officer of a State Committee, shall, in the absence of proof to the contrary, be deemed to have been granted, made, given or issued in pursuance of a resolution of the Committee.

Power to obtain information.

22.—(1.) Any person included in the definition of “medical personnel” shall, if so required by the Central Committee, by notice published in the Gazette or signed by an authorized person and served by post on the person concerned, answer any questions and furnish any information relating to his professional activities which is required by the Central Committee.

(2.) A person shall not, when so required to answer any question or furnish any information, make any answer or furnish any information which is false in any particular.

Part III.—Service in Citizen Forces or Emergency Medical Service.

Liability for service as medical officers in Citizen Forces.

23.—(1.) Notwithstanding anything contained in section 60 of the Defence Act 1903-1941, if it appears to the Governor-General to be necessary in the interests of the public safety and the defence of the Commonwealth, he may, by Proclamation, call upon all medical practitioners under sixty years of age (other than medical practitioners who are members of the Defence Force of the Commonwealth) irrespective of districts or sub-districts or the classes referred to in that section to serve as medical officers in the Citizen Forces.

(2.) The following persons shall be exempt from service in the Citizen Forces under this regulation:—

(a) persons reported by the medical authorities prescribed in pursuance of the Defence Act 1903-1941 as unfit for any Naval, Military or Air Force service whatever;

(b) members of the Parliament of the Commonwealth or of a State; and

(c) persons exempted by the Central Committee in order to provide for the requirements of the civil population.

(3.) Every medical practitioner called upon in pursuance of this regulation to serve in the Citizen Forces shall, notwithstanding any claim for exemption, attend for medical examination at such times and places as are specified in a notice given in accordance with this regulation, and shall furnish such information as is required for the purposes of this regulation.

(4.) Unless he is included in one of the classes of persons specified in sub-regulation (2.) of this regulation, a medical practitioner so called upon may be appointed as a medical officer in any part of the Citizen Forces and shall, if so appointed, serve within Australia as a medical officer in that part of those Forces:

Provided that a medical practitioner shall not be appointed as a medical officer in the Naval Forces or the Air Force without his consent, but if he so consents and is so appointed, he shall be liable to serve outside Australia.

(5.) Nothing in this regulation shall prevent any medical practitioner appointed to the Citizen Military Forces from volunteering to serve in any force raised for service outside Australia.

(6.) A notice for the purpose of this regulation shall be given by the Chairman of the Central Committee, upon the recommendation of that Committee, and shall be delivered by hand to, or posted to the last known place of residence of, the person to whom it relates.

Emergency Medical Service.

24.—(1.) There shall be an Emergency Civil Medical Practitioner Service consisting of—

(a)medical practitioners who have volunteered and have been accepted for service in that Service; and

(b) medical practitioners called upon by notice given in pursuance of this regulation to serve in that Service.

(2.) The Central Committee or a State Committee may give a notice to any medical practitioner under the age of sixty years (other than a medical practitioner employed on full-time duty in the Naval, Military or Air Forces of the Commonwealth) calling upon him to serve in the Emergency Civil Medical Practitioner Service.

(3.) A notice given in pursuance of this regulation shall be delivered by hand to, or posted to the last known place of residence of, the person to whom it relates.

(4.) Nothing in these Regulations shall prevent any medical practitioner who is a member of the Emergency Civil Medical Practitioner Service from volunteering to serve in any force raised for service outside Australia.

Exemptions.

25.—(1.) Any medical practitioner called upon to serve in the Citizen Forces or in the Emergency Medical Service in accordance with regulations 23 and 24 of these Regulations may forward an application in writing for exemption to the State Committee in the State in which he resides.

(2.) When an application for exemption is submitted in pursuance of sub-regulation (1.) of this regulation, the Chairman of the State Committee shall transmit the application to the Chairman of the Central Committee, with a recommendation in relation thereto by the State Committee, and the Chairman of the Central Committee shall submit the application to the Central Committee, which may grant or refuse the application.

(3.) Exemptions granted by the Central Committee may be for such periods and subject to such conditions as the Committee determines, and may be revoked by the Committee at any time.

(4.) Where the Central Committee grants exemption to any medical practitioner, the Chairman of the Committee may issue a certificate of exemption to him.

(5.) A person to whom a certificate of exemption has been issued in accordance with this regulation shall—

(a) produce the certificate on demand by any Commonwealth officer or any member of the Police Force of the Commonwealth or of a State or Territory of the Commonwealth; and

(b)upon the revocation of the exemption or the cessation of the condition or the status on which the exemption is based, surrender the certificate to the Chairman of the State Committee.

Part IV.—The Emergency Medical Service.

Director-General of Emergency Medical Service.

26.—(1.) The Minister may appoint a member of the Central Committee to be Director-General of the Emergency Medical Service.

(2.) The Director-General of the Emergency Medical Service shall give effect to the decisions of the Central Committee insofar as they relate to the Emergency Medical Service, and for that purpose may give directions to a State Committee.

Enrolment of members of Emergency Medical Service.

27. Medical practitioners who have volunteered and have been accepted for service in the Emergency Medical Service and medical practitioners who have been called upon to serve in that Service and have not been granted exemption from such Service shall be enrolled as members of the Emergency Medical Service.

Duties of members of Emergency Medical Service.

28.—(1.) A member of the Emergency Medical Service shall—

(a) perform medical services for members of the civil population who are suffering injury, disease or incapacity as the result of war operations or who, under military direction or approval, leave their homes in consequence of or in apprehension of attacks by the enemy; and

(b) perform medical services for other members of the civil community,

in accordance with such general directions as are, from time to time, given by the Minister of State for Home Security, acting upon the recommendation of the Central Committee, and such particular directions (not inconsistent with the general directions) as are, from time to time, given by the Central Committee or the State Committee in the State in which the member resides or is for the time being serving.

(2.) Directions under this regulation may specify the periods during which, and the place or places in Australia at which, the services shall be performed.

Performance of duties in hospitals, &c.

29. The Central Committee or a State Committee may direct any member of the Emergency Medical Service to perform services as a visiting or resident medical officer in any public hospital or any State or public institution and the governing body of the hospital or institution shall employ the medical practitioner accordingly on the terms and conditions usually applicable to an occupant of the position.

Pay and allowances of members of Emergency Medical Service.

30.—(1.) The Chairman or Executive Officer of the State Committee may, if the State Committee considers that the circumstances under which a medical practitioner is performing medical services under these Regulations justify payment to him under this sub-regulation give notice to the medical practitioner that he will be paid in accordance with the rates of pay and allowances payable to medical officers in the Australian Army Medical Corps performing services of a like kind and the medical practitioner shall, so long as the notice continues in force, be paid accordingly.

(2.) The Minister may, where a member of the Emergency Medical Service continues the practice of medicine under conditions which the Minister considers to be exceptional, authorize the payment of a sum approved by him, on the recommendation of the Central Committee, to that member, who shall be entitled to be paid accordingly.

(3.) Notwithstanding anything in this regulation, a member of the Emergency Medical Service may, if he so desires, serve in an honorary capacity.

Termination of service in Emergency Medical Service.

31. The Central Committee or a State Committee may—

(a) release any medical practitioner from service in the Emergency Medical Service, and the medical practitioner shall thereupon cease to be a member of the Emergency Medical Service; or

(b) revoke any notice given under sub-regulation (1.) of the last preceding regulation.

Power of Director-General to grant leave of absence.

32. The Director-General of the Emergency Medical Service may grant leave of absence for the purpose of recreation or on account of illness to any member of the Emergency Medical Service who is receiving payment from the Commonwealth for continuous service performed under the direction of a State Committee.

Delegation.

33. The Director-General of the Emergency Medical Service may delegate the power of granting leave under the last preceding regulation in any State to the Executive Officer of the State Committee.

Recreation leave.

34.—(1.) A member of the Emergency Medical Service shall not become eligible for recreation leave until he has performed continuous service for a period of twelve months.

(2.) Upon the completion of service for a period of twelve months the member may be granted leave of absence for a period of three weeks.

(3.) Upon the completion of each further period of twelve months of continuous service, the member may be granted leave of absence for a period of three weeks.

Sick leave.

35.—(1.) Every member of the Emergency Medical Service who is directed by any State Committee to serve under conditions of continuous service for which he is eligible to receive payment by the Commonwealth shall become eligible for leave of absence on account of illness as soon as he commences so to serve.

(2.) The periods of leave of absence on account of illness which may be granted shall be—

(a) from the date of commencement of service under conditions of continuous service until the completion of the first period of twelve months of continuous service—twelve days on full pay followed by a further period of eight days on half-pay followed by a still further period of six days on one-third pay; and

(b)in respect of each succeeding period of twelve months of continuous service in unbroken sequence—twelve days on full pay followed by a further period of eight days on half-pay followed by a further period of six days on one-third pay.

(3.) Any period of leave of absence on account of illness to which the member is entitled under this regulation may be accumulated from year to year if not granted to the member.

Definition of “continuous service”.

36. In this Part, “continuous service” means service for more than three hours on each day for six days in each week.

Charges for services of members of Emergency Medical Service, &c.

37.—(1.) The Minister may, by order, make provision in relation to—

(a) charges to be made in respect of the services of members of the Emergency Medical Service; and

(b)the dispensing and supply of medical equipment by members of the Emergency Medical Service and the making of charges therefor.

(2.) Any such order may contain such incidental and supplementary provisions as are necessary for the purposes of the order.

(3.) Amounts due in respect of charges provided for by order under this regulation shall be deemed to be debts due to the Commonwealth and may be recovered by the Commonwealth in any court of competent jurisdiction.

Records to be kept by hospitals, &c.

38. The governing body or officers of any hospital, any member of the Emergency Medical Service or any other person, shall, for the purposes of these Regulations, keep such records as the Executive Officer of any State Committee directs.

Medical officers entitled to practise in case of emergency.

39.—(1.) For the purpose of providing for the needs of the civil population in cases of emergency, a medical officer of the Naval, Military or Air Forces of the Commonwealth or of any country which is allied or associated with His Majesty in the present war, or a member of the Emergency Medical Service, shall be entitled to practise as a legally qualified medical practitioner in any State or Territory of the Commonwealth, notwithstanding that he has not complied with the requirements of the laws of the State or Territory relating to the registration of medical practitioners.

(2.) This regulation shall not affect the operation of any Act or regulation prescribing the conditions of service of medical officers of the Naval, Military or Air Forces of the Commonwealth.

Part V.—Provisions Relating to Hospitals.

Power of Minister to give directions with respect to hospitals.

40.—(1.) The Minister or an authorized person may give such directions with respect to the management and use of any hospital as he thinks necessary for securing that proper hospital treatment will be readily available for members of the Naval, Military and Air Forces of the Commonwealth and members of the civil population who may be suffering from any injury, disease or incapacity in consequence of war operations, and the Minister may, by order, relax any obligation or limitation which by, or by virtue of, any Act, State Act, or other instrument determining their functions is imposed on the persons having the management of the hospital.

(2.) With a view to ascertaining whether any directions given under these Regulations in relation to a hospital are complied with, an authorized person may at any time enter and inspect any premises used for the purposes of the hospital.

(3.) Any person concerned in, or employed in connexion with, the management of a hospital shall, if so requested by an authorized person, furnish such information relating to the hospital as the authorized person considers it necessary to obtain for the purposes of these Regulations.

(4.) Sub-regulations (1.), (2.) and (3.) of this regulation shall apply in relation to any ambulance service, not being a service maintained for the purposes of any police force, railway undertaking or fire brigade, as they apply in relation to a hospital.

(5.) The Minister may, if it appears to him necessary so to do for securing that proper hospital treatment will be readily available for members of the Naval, Military and Air Forces of the Commonwealth and persons who may be suffering from any injury, disease or incapacity in consequence of war operations, manage any hospital, or authorize a person to manage it in accordance with the instructions of the Minister and while, by virtue of this regulation, the Minister or a person so authorized is managing any hospital—

(a) he shall be deemed to be acting as agent of the persons who would otherwise have the management of the hospital, except that those persons shall not have the right to control the management thereof; and

(b)those persons shall not be bound by any obligation or limitation imposed on them by or by virtue of any Act, State Act or other instrument determining their functions.

(6.) In this regulation, “authorized person” means a person authorized by the Minister to act under this regulation.

Power to give directions to staff of hospitals upon evacuation.

41.—(1.) In the event of it being necessary, owing to circumstances due to the war, to evacuate the patients in any hospital, the Central Committee or a State Committee may direct that all or any members of the staff of the hospital shall accompany the patients to the place to which they are removed, and shall continue to perform their respective duties at that place until such time as their services are no longer required or arrangements can be made for the performance of their duties by other persons.

(2.) The governing body of a hospital the patients in which have been evacuated, under the last preceding sub-regulation, shall be responsible for the payment to the staff of salary and allowances at rates not less than the rates received by the staff before the evacuation and, where the governing body discontinues the provision of any emolument other than salary and allowances, for payment of the monetary value (as determined by the State Committee) of those emoluments.

(3.) Every member of the staff of any hospital shall comply with any directions given in pursuance of this regulation which apply to him.

(4.) In this regulation—

“hospital” includes an institution for the treatment of mentally affected persons, and a sanatorium or convalescent home;

“patient” includes an inmate.

Part VI.—Control of Medical Equipment.

Control of medical equipment.

42.—(1.) For the purpose of ensuring an adequate supply of medical equipment for the Naval, Military and Air Forces and the civil population of Australia, the Chairman of the Central Committee may, subject to this regulation—

(a)make orders for regulating, restricting or prohibiting the manufacture, production, storage, distribution, sale, purchase and use of medical equipment; and

(b)on behalf of the Commonwealth, purchase, store and sell or otherwise dispose of, medical equipment.

(2.) This regulation shall not be deemed to authorize the Chairman of the Central Committee to purchase medical equipment except to the extent that funds to meet the expenditure involved are available in the Medical Supplies and Equipment Trust Account established by the Treasurer in pursuance of section 62a of the Audit Act 1901-1934.

(3.) The approval of the Minister shall be obtained for all sales of medical equipment on behalf of the Commonwealth and for the disposal of medical equipment for any purpose other than the supply of such equipment for the Naval, Military or Air Forces.

(4.) In exercising his powers and functions under this regulation, the Chairman of the Central Committee shall act on the recommendation of the Medical Equipment Control Committee except that in matters relating to the supply of medical equipment to the Naval,

Military or Air Forces, the Chairman of the Central Committee shall act on the recommendation of a committee consisting of himself (as Chairman), the Director of Naval Medical Services, and the Director-General of Medical Services, Royal Australian Air Force, instead of the recommendation of the Medical Equipment Control Committee.

(5.) An order under this regulation may be made in respect of all medical equipment or in respect of any specified goods.

(6.) A person shall comply with every requirement made in pursuance of any order made under this regulation.

Power to obtain information.

43. Any person carrying on a trade or business in relation to the manufacture, production, storage, distribution, sale, purchase or use of medical equipment, and any person employed in connexion with any such trade or business, shall, if so required by the Chairman of the Medical Equipment Control Committee or by an authorized person—

(a) answer any question put to him;

(b) furnish information, estimates or returns;

(c) produce, and permit an authorized person to make copies of or abstracts from, any books, accounts or other documents,

relating to that trade or business, and any person who is so required to answer any question or furnish any information, estimates or return shall not make any answer or give any information, estimates or return which is false in any particular.

Power to enter and search premises.

44.—(1.) With a view to securing compliance with any order made under these Regulations, any authorized person may—

(a) enter upon and search any premises and inspect any documents, books or papers found therein; and

(b)impound or retain any documents, books, or papers produced to him or inspected by him in pursuance of this regulation, and make copies of or extracts from those documents, books or papers or any entries therein,

but the person entitled to any documents, books or papers impounded under this regulation shall be entitled within a reasonable time to a copy certified as correct by an authorized person, and such certified copy shall be received in all courts as evidence and as of equal validity as the original.

(2.) A person shall not prevent an authorized person from entering upon any premises, or inspecting or impounding any documents, books or papers, or from making copies of, or extracts from, any documents, books or papers, or of any entries therein.

Part VII.—Miscellaneous.

Restriction on disclosing information.

45. A person who obtains any information in pursuance of these Regulations shall not, otherwise than in connexion with the execution of these Regulations, or of an order made under these Regulations, disclose that information except with permission granted by the Minister or by a person authorized by the Minister to give such permission on his behalf.

 

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