Pharmaceutical Benefits (Committees of Inquiry) Regulations (Cth)

STATUTORY RULES.

1953. No. 100.

 

REGULATIONS UNDER THE PHARMACEUTICAL BENEFITS ACT 1947-1952.*

WHEREAS by section 19 of the Pharmaceutical Benefits Act 1947-1952 it is provided, amongst other things, that the Minister may, for the purposes of that Act, establish such committees other than the Formulary Committee established by section 18 of that Act as he thinks fit:

And whereas the Minister has established a Pharmaceutical Benefits Federal Committee of Inquiry and a Pharmaceutical Benefits State Committee of Inquiry for each State of the Commonwealth:

And whereas by section 23 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 by or 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 Pharmaceutical Benefits Act 1947-1952.

Dated this twenty-sixth day of November, 1953.

W. J. Slim

Governor-General.

By His Excellency’s Command,

Minister of State for Health.

 

PHARMACEUTICAL BENEFITS (COMMITTEES OF INQUIRY) REGULATIONS.

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the Pharmaceutical Benefits (Committees of Inquiry) Regulations.

Amendment of Pharmaceutical Benefits Regulations.

2.—(1.) Regulation 4 of the Pharmaceutical Benefits Regulations is amended by inserting in sub-regulation (1.), after the definition of “authorized prescription form”, the following definition:—

“‘Committee of Inquiry’ means the Pharmaceutical Benefits Federal Committee of Inquiry or a Pharmaceutical Benefits State Committee of Inquiry established by the Minister under the Act;”.

 

* Notified in the Commonwealth Gazette on , 1953.

2415.—Price 5d. 9/1.10.1953.

(2.) Regulation 10 of the Pharmaceutical Benefits Regulations is repealed and the following regulations are inserted in its stead:—

Suspension or revocation of approval of hospital.

“10.—(1.) Where the Director-General proposes to suspend or revoke, under sub-section (1.) of section 13 of the Act, the approval of a hospital authority in circumstances other than those specified in the last preceding regulation, he shall serve on the hospital authority a notice specifying the grounds of the proposed suspension or revocation.

“(2.) The hospital authority may, not later than ten days after notice has been served on it under the last preceding sub-regulation, submit in writing to the Director-General any objection it has to the proposed suspension or revocation and the reasons for the objection.

“(3.) The Director-General shall not suspend or revoke the approval of the hospital authority unless he has considered any objection submitted by the hospital authority in pursuance of the last preceding sub-regulation and the reasons submitted by the hospital authority for the objection.

“(4.) Where the Director-General suspends or revokes the approval of a hospital authority under sub-section (1.) of section 13 of the Act he shall serve notice of the suspension or revocation on the hospital authority, and the suspension or revocation shall not take effect before service of the notice has been effected.

Suspension or revocation of approval of pharmaceutical chemist.

“10a.—(1.) Except as provided by the next succeeding sub-regulation and in cases to which regulation 9 of these Regulations applies, the Director-General shall not suspend or revoke his approval of a pharmaceutical chemist in pursuance of sub-section (1.) of section 13 of the Act unless he has referred the matter to a Committee of Inquiry for investigation and report and has received the report of that Committee.

“(2.) Subject to section 13 of the Act, the Director-General may, if he considers that it is necessary in the public interest to do so, by notice in writing, suspend the approval of a pharmaceutical chemist before he has referred the matter to a Committee of Inquiry for investigation and report or before he has received the report of a Committee of Inquiry to which he has referred the matter, but he shall, if he suspends the approval before he has referred the matter to a Committee of Inquiry, forthwith refer the matter to a Committee of Inquiry.

“(3.) Where the Director-General has suspended the approval of a pharmaceutical chemist in accordance with the last preceding sub-regulation, he shall, subject to section 13 of the Act, as soon as practicable after he has received the report of the Committee of Inquiry to which he has referred the matter, by notice in writing—

(a) remove the suspension;

(b) direct that the suspension continue for such period as he thinks fit; or

(c) revoke the approval of the pharmaceutical chemist.

Publication of action taken under section 13 of the Act.

“10b.—(1.) The Director-General may, if he thinks fit, cause notice of action which has been taken under section 13 of the Act to be published in the Gazette.

“(2.) 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 the last preceding sub-regulation.

“(3.) 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 the publication or by any other improper motive.”.

(3.) Regulation 26 of the Pharmaceutical Benefits Regulations is repealed and the following regulation inserted in its stead:—

Fees and allowances for members of Formulary Committee.

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

“(3.) In addition to the allowance specified in the last preceding sub-regulation, a member 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.”.

(4.) Regulation 38 of the Pharmaceutical Benefits Regulations is repealed.

Parts.

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

Part I.—Preliminary (Regulations 1-4).

Part II.—The Federal Committee of Inquiry (Regulations 5-6).

Part III.—State Committees of Inquiry (Regulations 7-8).

Part IV.—Provisions applicable to both Federal and State Committees of Inquiry (Regulations 9-26).

Definitions.

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

“Chairman”, in relation to the Federal Committee of Inquiry or a State Committee of Inquiry, includes a person elected to preside at a meeting of the Committee;

“Deputy Director of Health” means, in relation to a State—

(a) the officer performing the duties of the Commonwealth Deputy Director of Health in the State; or

(b) if there is no office of Commonwealth Deputy Director of Health in the State, the senior Commonwealth medical officer in the State;

“State Committee of Inquiry” means a Pharmaceutical Benefits State Committee of Inquiry established by the Minister under the Act;

“the Act” means the Pharmaceutical Benefits Act 1947-1952;

“the Federal Committee of Inquiry” means the Pharmaceutical Benefits Federal Committee of Inquiry established by the Minister under the Act.

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

 

Part II.—The Federal Committee of Inquiry.

Constitution of Federal Committee of Inquiry.

5.—(1.) Subject to this regulation, the Federal Committee of Inquiry shall consist of the Director-General and four pharmaceutical chemists appointed by the Minister.

(2.) The Director-General may, from time to time, by writing under his hand, appoint a medical practitioner or pharmacist who is an officer of the Commonwealth Department of Health to be a member of the Committee in his stead, and the person so appointed shall, until his appointment is revoked, be a member of the Committee.

Functions of Federal Committee of Inquiry.

6. Subject to the Act, the Federal Committee of Inquiry shall inquire into and report to the Director-General on any matter referred to the Committee by the Director-General in respect of or arising out of the services or conduct of approved pharmaceutical chemists in connexion with the supply of pharmaceutical benefits under the Act.

Part III.—State Committees of Inquiry.

Constitution of State Committees of Inquiry.

7.—(1.) Subject to this regulation, 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 pharmaceutical chemists appointed by the Minister.

(2.) The Deputy Director of Health may, from time to time, by writing under his hand, appoint a medical practitioner or pharmacist who is an officer of the Commonwealth Department of Health to be a member of a Committee in his stead, and the person so appointed shall, until his appointment is revoked, be a member of that Committee.

Functions of State Committees of Inquiry.

8. Subject to the Act, a State Committee of Inquiry shall inquire into and report to the Director-General on any matter referred to the Committee by the Director-General in respect of or arising out of the services or conduct of approved pharmaceutical chemists in connexion with the supply, in the State for which the Committee has been established, of pharmaceutical benefits under the Act.

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

Definition.

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

Membership of Committees.

10.—(1.) A member of a Committee appointed by the Minister shall hold office during the Minister’s pleasure.

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

Chairman.

11.—(1.) A Committee shall elect one of its members to be Chairman of the Committee.

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

Convening of meetings.

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

Quorum.

13. At a meeting of a Committee three members form a quorum.

Record of proceedings.

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

Evidence.

15. A Committee is not 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 in private.

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

Determination of questions at meetings.

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

(2.) The Chairman of a Committee shall have a deliberative vote only.

(3.) A member shall not have a vote on a question before a Committee unless he has been present for the whole of the time for which the Committee received evidence on the matter concerning which the question arose.

(4.) In the event of an equality of votes on a question before a meeting of a Committee, 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.

Pharmaceutical chemist affected by inquiry to be given notice.

18.—(1.) Where a matter referred to a Committee concerns the conduct of an approved pharmaceutical chemist, 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 chemist at least ten days before the date of the inquiry.

(2.) For the purpose of ascertaining whether a matter referred to a Committee concerns the conduct of an approved pharmaceutical chemist, the 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 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 chemist or by sending it by prepaid registered letter addressed to him at his last known place of abode or by leaving it at his last known place of abode of 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 chemist 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 chemist 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 chemist 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 (4.) of the last preceding regulation where that reconsideration involves the rehearing of evidence or the hearing of further evidence.

(7.) When a matter referred to the Federal Committee of Inquiry concerns a course of conduct of approved pharmaceutical chemists generally or in a class of cases, the matter shall, for the purposes of this regulation, be deemed not to concern the conduct of an approved pharmaceutical chemist.

Summoning of witnesses.

19.—(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 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 books, documents or writings before it, and may retain them for such reasonable period as it thinks fit, and may make copies of such portions of them as are relevant to the inquiry.

Committee may examine on oath or affirmation.

20.—(1.) The Committee may examine on oath a person appearing as a witness before the Committee, whether the witness has been summoned or appears without being summoned, and for this purpose a member of the Committee may administer an oath to the witness.

(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.

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

Penalty: Fifty pounds or imprisonment for three months.

(2.) It is a defence to a prosecution for failing without reasonable excuse to produce a book, document or writing if the defendant proves that the book, document or writing was not relevant to the matter the subject of the Committee’s proceedings.

Refusal to be sworn or give evidence.

22.—(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.

Penalty: Fifty pounds or imprisonment for three months.

(2.) A statement or disclosure made by a witness to a Committee is not admissible in evidence against him in civil or criminal proceedings in a court, except in a prosecution for giving false testimony in the Committee’s proceedings.

Protection of witnesses.

23. A witness before a Committee has the same protection as a witness in a matter before the High Court.

Allowances to witnesses.

24. A witness summoned to attend before a Committee shall be paid fees in accordance with the scales of fees payable in respect of attendance before 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.

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

Fees and allowances for members.

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

(3.) In addition to the allowance specified in the last preceding sub-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.

 

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