Venereal Diseases Act 1918 (NSW)
VENEREAL DISEASES ACT.
Act No. 4G, 1918.
George V, All Act to reg'ulate tlie treatm ent of venereal
disea.^e.s; to prevent the spread of sncli diseases; and for purposes consequent tliereon or inci dental thereto. [Assented to, 19th December, 1918.]
1 3 h it enacted by the Kind’s Most Excellent Majesty,
.13 by and ivith the advice and consent of tlie Legis
lative Council and Legislative Assembly of New South lYales in Parliament assembled, .-nid liy the auf liority of the same, as follows ; —
| Short title. | Tliis Act iiiav be cited as the “ Venereal Diseases |
| ef. Vie. 2858, | ‘ |
| Venereal Diseases Act. | 261 |
2. In this Act, if not inconsistent with tlie context or George V,
| subject-matter,—- | No. 46. |
| “ Cliild ” means a person under the age of sixteen | ” | cf. Vie, 2S5S, |
| yeai’s. | - | 2 . |
“ Commi.ssioner” means the commissioner appointed
| under this Act. | ' |
“ Managers” includes hoard, committee, or other
body managing any hospital.
| “ Medical ])ractitioner” means legally qualified medical practitioner registered in i\'ew South "Wales. | . |
| “ Minister” means the ^Minister of I’ublic Health or tlie ^Minister for the time being administering this Act. | |
| “ Prescribed” means preserihed by this Aet or by |
regulations under this Act.
“ Venereal disease ” means gonorrhoea, gleet, gonorrhoeal ophthalmia, syphilis, soft chancre, venereal warts, or venereal granuloma.
3 . (1) IN’o pi'rson other than a medical practitioner, Treauuem by
| or a person acting under the direct instructions of | ouiĵ |
| medical practitioner, shall attend upon or prescribe foi\,f | (jj |
| or supply any drug or medicine to any person sulfering from any vem'real disease for the purpose of curing, alleviating, or treating such disease. |
(2) A registered pharmaceutical chemist may uiemists.
| dispense to the patient of a medical practitioner the | r>(3). |
| prescription of such practitioner if such prescription is dated, and bears the address and usual signatiu’c (in cluding the surname) of such practitioner. | |
| (d) A registered pharmaceutical chemist may, in the ordinary course of business, sell or supply any drug or medicine (except such drugs or medicine as are specified by regulations made under the Act) if such drug oi- medicine is not prescribed by such chemist for any person sulfering from any venereal disease for the pui’posc of curing, alleviating, or treating such disease. |
| (4) Any person contravening this section shall be liable to a penalty not exceeding fifty pounds or to imprisonment with or without hard labour for a term not exceeding six montlis. | r> | {-')• |
| 2G2 | Venereal Diseases Act. | ||
| George V, |
|
| No. 46. | disease, or suspecting that he is so suffering, shall |
| Persons | within three days of iDecoming aware of his condition, |
| venereal | consult a medical practitioner thereon, furnish his correct |
| disease to | |
| place them | name, occupation, and address to such practitioner, and |
| selves under | place himself under treatment hy such practitioner, or |
| treatm ent, | |
| &c. | shall attend at some hospital or other place prescribed |
| cf. Vic. 2858, | for the purpose and place himself under treatment |
| 6 (1) and (2), | |
| and W .A. | thereat. |
suffering from
| H ealth Act | (2) Any person contravening the preceding sub |
| Amendment |
| Act, 1915,242 | section of this section shall he liable to a penalty not |
| ( 1) . | exceeding one hundred pounds, or imprisonment for a period not exceeding three months. |
Penalty
| for | (3) Any medical practitioner who otherwise than |
divulging
| name or | in accordance with the provisions of this Act communi |
| address of | |
| person | cates to any person or in any other way makes known |
| suffering from | any name or address so furnished fo him shall be liable |
| any venereal | |
| disease. | to a penalty not exceeding one hundred pounds, and shall he deemed to he guilty of professionally infamous conduct. |
| Persons | 5 . (1) Evci’y pcrsoii suffci'ing from any venereal |
| venereaf | disease wlio has consulted and placed himself under |
| disease to | |
| keep under | treatment hy a medical practitioner, or who has attended |
| treatm ent. | and placed himself under treatment at a hospital or other |
| Vic. 2858, | prescribed j)lace, shall (until he has received a certificate |
| 7 ( 1) . | that he is cured of or is free from venereal disease) visit or cause himself to he attended by a medical practitioner, or attend at a hospital or other presci’ibed place, for the purpose of treatment and advice at least once in every such period as is prescribed, and shall follow the advice given by such medical practitioner or by a medical practitioner at such hospital or place. |
| (2) | Any person contravening this section shall bo |
liable to a penalty not exceeding twenty pounds.
| Change of | 6 . | (1) If any person suffering from any venereal |
| address. |
disease who has consulted and placed himself under treatment hy a medical practitioner changes his address he shall, within seven days, notify the said practitioner of such change, and of the address to which he has gone.
| (2) | Any person contravening this section shall be |
liable to a penaltv not exceeding five pounds.
| ' | 7. |
| Venereal Diseases Act. | 263 |
7 . (I) If any person suffering from any vtmereal Otorge V,
disease avIio lias consulted and ])laced himself under No. 46.
treatment liy a medical practitioner desires to discontinne
such treatment and to place himself under triad inent by [.raLiitiomr.
some other medical practitioner, or if the medical
practitioner treating such person dies or for any reason '
is nnahlc or unwilling to treat him further, such person
shall, unless he places himself under treatment at some
hospital or other prcscrilied place, forthwith consult and
place himself under the treatment of another medical
practitioner, and inform him of the name and last known
address of the medical jiraetitioner hy whom he was
pre\ iously treated. The medical jiractitioner so informed
shall forthwith send to the medical practitioner hy whom
such person Avas previously treated a notice in tin' pre
scribed form if the practitioner last mentioned is resident
in New South Wales.
(2) Any person coidravening this .‘cction shall be liahh' to a penalty not exceeding five pounds.
| 8. The fact that a person who has been suffer | Treatinenl contimio till tv> |
| ing from any Acuereal disease has ceased to be | ciu'o efU'gtod. | ||
| liable to convey infection, but has not been cuiahI, shall |
| ||
| not exonerate such person from com[)lying with the provisions of this Aet Avith respect to treatment, or any medical practitioner from complying Avith the require ments of this Act Avitli I’cspect to notices. | |||
| 9. (1) If a medical practitioner becomes aware that any person consulting him, or attended, or treated by | t‘;U)CS. | ||
| ra))or1 iiiLf | |||
| |||
| him, is suffering from any venereal disease, such nu'dical practitioner shall giA'c notice thereof to the commissioner in the prescribed form, andAvithin the prescribed period. | |||
| (2) Sueh notice shall not diselose tb.c name and address of the.patient. | |||
| (3) Any medical practitioner contraveninu' this section shall be liable to a penalty not exceeding twenty pounds, and for a second and cvei-y subsefiucnt offence to a penalty of not less than tAventy pounds, hnt not exceeding one hundred pounds. |
| 1 0 . (1) If a person suffering from any venereal | drei s (>f patient |
| Name am) ad |
| disease* Avho has been attended or treated by a medical | to |
| oi» failure to |
he re p o r te d
| practitioner for such disease fails to consult or attend | I’ODtinuc Ueat- |
| nie It. | |
| sueh medical practitioner during one such period as is | IbH. !»(1 |
prescribed
264 Venereal Diseases Act.
| George V, | prescribed under section five of this Act or within ten |
| No. 46. | days thereafter, and the medical practitioner has not before the expiration of such ten days received from another medical practitioner a notice that such person has placed himself under treatment by such other medical practitioner, such first-mentioned medical practitioner shall send to the commissioner in a sealed envelope marked “ confidential,” a notice of the facts in the pre scribed form. |
| cf. Vic. 2858, | (2) Any medical practitioner contravening tliis section shall he liable to a penalty not exceeding twenty pounds, and for a second or any subsequent offence to a penalty of not less than twenty pounds, but not exceeding one hundred pounds. |
| patients. | |
| W arnings to | 11. (1) Every medical practitioner who attends, treats, or advises any person for or in respect of any venereal disease from which such person is suffering, shall (except in the case of a child) — |
| cf. [bid. 10. |
9 ( 2) .
| (a) | hy written notice in the prescribed form delivered to sueh person— |
(1) direct such person’s attention to the infec tious nature of the disease, and to the legal consequences of infecting others; and
|
| (b) | give such person such printed information as may be prescribed regarding tlie disease and the duties of persons suffering therefrom. |
| Parents anti | (2) Every medical practitioner who attends, treats, or gives advice with respect to a child suffering from venereal disease shall give to the parent or guardian or other person in charge of the child such directions and printed information as may he prescribed. |
| (3) Any medical practitioner contravening this section shall he liable to a penalty not exceeding five pounds. | |
| P ri\ ilege for |
guardians.
| nietlical | 12. If a medical practitioner has reason to believe |
| practitioner. | that a person suffering from venereal disease intends to |
| cf. | W .A. | contract a marriage, it shall he lawful for such medical |
Healtli
| Amendment | practitioner, after giving an intimation of his intention |
| A ct, | 1918,44, | to the Iverson suffering from such disease, to inform any person, whom he believes on reasonable grounds to be |
the
| Venereal Diseases Act. | 205 |
| tlie other party to the proposed marriage, tliat the person | George V, |
| sullering I'rom sueli disease is so sull'ering, and he may | No. 46. |
| also give the lik(> information to any parent or guardian of sueh party and to th<‘ commissioner, and every com munication made in good faith in exercise or supposed exercise of the powers conferred hy tliis section shall he ahsolutely privileged. |
| 13. Any pin'son udio, while suffering from any venereal disease in an infectious stage, marries, knowing | person | ||
| Mtiniage of | |||
| sulfering from | |||
| that he is so sulfering, shall he guilty of an indictahle | disease. | ||
| venereal | |||
| otfence, and shall he liahlc on conviction to imprisonment | cf. Queens | ||
| with or without hard lahour for a period not exceeding | land Health Act, 1916, 132 | ||
| live years or a line not exceeding live hundred pounds, | ( 0 ) . | ||
| or hoth fine and imprisonment. | |||
| 14. (1) When any person who has hecn suffering from venereal disease hccomes cured of or free from | Certificates | ||
| of cure (U' | |||
| freedom from | |||
| such disease, or has ceased to he liable to convey | disease. | ||
| venereal | |||
| infection, any medical practitioner, on being satisfied | Vic. 2SoS, 11. | ||
| thereof shall, subject to the provisions of this Act and the legulations thereunder, give such person, at his request, a certificate in the jirescrihed form that such person is cured of or is fri'c from vimereal disease, or is no longer liable to convey infection, as the ease may he. | |||
| (2) Any medical practitioner Avho gives to any person a certificate that such person is cured of or is free from venereal disease, or is no longer liable to convey infection, knowing the said certificate to be false in any material particular, or except under the conditions and in the circumstances prescribed with respect to such certificates hy regulations under this Aet, shall be liable to a penalty not e.xceeding fifty pounds. | |||
| 15. Any jierson who uses for the purposes of or in relation to or in connection with prostitution any |
|
| p u rp o .'ic s | (d |
lu o s t i tu t i iu i .
rf. W.A.
| <'ortificate given hy a medical practitioner under the | Health |
| provisions of tiie last preceding section shall be liable to | Amendment |
| Act. | |
| a penalty not exceeding twenty pounds. | |
| 16. (1) Any parent, guardian, or other person ii; charge of any child sulfering from venereal disease shat, | guardians. |
| Parents and | |
| Vic. 2S5S, 12. | |
| cause such child to he treated for such disease in accord ance with the ])rovisions of this Act. | |
| (2) When any child is or becomes liable undeu* this Act to do or submit to any act, matter, or thing, any parent or guardian or other person in charge ot |
such
| 2CG | Venereal Diseases Act. |
George V, such child, knowing that such child is so liable, shall
No. 46. exercise his authority to compel or induce such child
to do or submit such act, matter, or tiling as aforesaid.
| (3) | Any parent or guardian or other person in |
charge of any such child who knows that such child has failed to comply with any provision of this Act shall
| _ | report the fact, together with 'feuch particulars as may he prescribed, to the commissioner. |
| (1) Any parent, guardian, or other person contravening this section shall be liable to a penalty not exceeding ten pounds. |
| Person | 17. (1) Any person who, knowing himself to be |
sulfering
| from venereal | suffering from any venereal disease in an infectious |
| iUsease | |
| working in | stage, works in or about any factory, shop, hotel, restaur |
| factory, &c. | ant, house, or other place in any capacity requiring him to handle food intended for human consumption shall he guilty of an otfence, and shall be liable on summary conviction to imprisonment for a jieriod not exceeding one year, or to a tine not exceeding one hundred pounds. |
| person |
| Kmploying | (2) Any person who knowingly cm[)loys or con |
| suffering | tinues to employ any person sulfering from a venereal |
| <lisease to | |
| f rom venereal | disease in an infectious stage at any work o r'in any |
| liainllo foot!. | capacity requiring him to handle food intended for human consumption shall he liable to a p(malty of not less than twenty pounds and not exceeding one hundred pounds. |
| Protection of | |
| inetiical | 18. No certificate, notice, or other communication, verbal or in writing, given hy any medical practitioner for the purposes of this Act, bona fide and without negligence, that any person is suffering from venereal disease shall be made the ground of any legal proceedings, civil or criminal, against such medical practitioner. |
| practitioner. | |
| Privacy of | 19. (h) Any matter to he heard hy a magistrate under this Act .shall be heard and decided in chambers, and in private, and no person other than the magistrate, the party concerned, the commissioner, and such officers, |
| proceedings. | |
| Vic, 285S(lo). | |
| Avitnesses, or persons as the magistrate may require, or | |
| at the request of the party concerned may permit to ho present, shall have access to or be permitted to be present in any room Avhere the matter is being heard. | |
| (2) 'Every person who acts or assists in the administration of this Act, and every person present in |
| * | any |
| Venereal Diseases Act. | 201 |
| any room Avliere any matter under tliis Act is being lieard, | Gcorga v, |
| shall preserve and aid in presc'rving secrecy ■with regard | No. 45. |
| to all matters and things which come to his knowledge while so acting or assisting, or jiresent, and sliall not communicate any such matter or thing to any other pi'rson, except in the jierformance ot his duties under this Act, or in answer to some question which he is legally bound to answer. |
| (d) Any person contravening this section shall be liable to a penalty not exceeding titty pounds. | ' | • |
20. (1) I t shall not be lawful to publish in any KcuspaiMis.
| newspaper the report of any proceeding or matter heard | \\^ .a . |
| in jirivatc under tins Act, hut this prohibition shall not Ammuimi M | t |
| extend to any reports which arc puhlished on the written authority of the commissioner. | |
| (2) Any person contravening this section shall be liable to a penalty not exceeding fifty pounds. |
21. Any person who knowingly infects any other Knowingly
person with a venereal disease, or knowingly does or ‘“fif nnj;
| permits or suiters to be done any act likely to lead to the di.Miasc. | ‘ |
| infection pf any other person with such a disease' shall | is. |
| be liable to a penalty not exceeding one hundred pounds, or to imprisonment with or without hard labour for a term not exceeding twelve months, or to both such penalty and such imprisonmeiat. |
22. Any person avIio, being the owner or occupier of K.cpoi-.q <.f
any house, room, or place, knowingly permits any female ||
suitcring from venereal disease to occupy such house, //,„/ pp.
room, or place for the purpose of prostitution, or to
resort thither for such pui’pose, shall he guilty of an
ollcncc under this Act and shall he liable to a penalty
| not exceeding one hundred pounds, or to imprisonnu'ut | * |
| M'ith or Avithout hard labour for a term not exceeding twelve months : Provided that no conviction under this section shall exemjAt the olfendcr from any penal or other consequences to Avhich he may be liabh' for keeping or being concerned in keeping a bawdy-house or disorderlv house or for the nuisance thereby | t/ | t. |
| occasioned. |
| 2 3 . | A medical practitioner appointed bv the Governor Ai.p .intMuni | i- | A i . | f | comni i ss n .n ii | comniissii .lu. i . |
| .shall be the commissioner under this Act. | Vi - | , L |
268 Venereal Diseases Aet.
| George V, | 24. The Minister may arrange with the managers |
| No. 46. | of any hospital receiving aid from the State to make |
| Free trea|« | effective provision as prescribed for the reception, |
| m ent, | &c., |
| of persons | accommodation, examination, and treatment free of |
| suffering from | charge of such numbers of persons, or such classes of |
| venereal | |
| disease. | persons, suffering from venereal disease as are prescribed. |
| A dvertise | 25. (1) No person shall publish any statement mote the sale of any article as a medicine, instrument, or appliance for the alleviation or cure of any venereal disease, or disease affecting the generative organs or functions, or of sexual impotence, or of any complaint or infirmity arising from or relating to sexual intercourse, or of female or menstrual irregularities. |
| ments of cure | |
| of certain | whether by way of advertisement or otherwise to pro |
| diseases. |
(2) Any person who—
| (a) | affixes or inscribes any statement on any thing whatsoever so as to be visible to persons being |
| ' | in or passing along any street, road, highway, pathway, public place, or public conveyance; or |
| (b) | delivers or offers, or exhibits any statement to any person being in or passing along any street, road, highway, pathway, public place, public conveyance; or |
| (c) | throws any statement into or upon any street, road, highway, pathway, public place or public conveyance, or into the area, yard, garden, or inclosure of any house ; or |
| (d) | exhibits any statement to public view in any house, shop or place; or |
| (e) | prints or publishes any statement in any news paper ; or |
| (0 | sells, offers, or shows or sends hy post any state |
ment to any person,
shall he deemed to have published that statement.
(3) The word statement includes any document, hook, or paper containing any statement.
(4) Any person contravening this section shall be liable to a penalty not exceeding fifty pounds :
Provided that nothing in this section shall apply to
any books, documents, or papers, published in good faith
for the advancement of medical or surgical science, or
to
| Venereal Diseases Act. | 269 |
| to any advertisement, notice, or recommendation | Gcovge V, |
| published by the autliority of tlie commissionei', or to | No. 46. |
| any publication sent only to ine.lical practitioners or to registered pharmaceutical chemists for the pur[)oses of their business. |
| 26. | (1) A stipendiary or police magisti’ate may, | S(.'i/,uru of |
| articles |
| subject to tlie jirovisions of this Act, aiitliorisi' liy sp(>cial | ca|)iblo of |
ûc<l
| warrant any constable or police otbeer to enter into any | iinl'iwfully |
| bouse, otlice, shop, room, or other place, not bi'ing the | for the alleviation of |
| house, office, shop, room, or surgery of a medical prac | venereal |
| titioner, or of a registered pharmaceutical chemist, and | disease, |
| to search for, seize, and bring before any such magistrate | Indecent |
| cf. N .S.W . | |
| all articles, medicines, instruments, or apjdiances found | l^iblications |
| therein whicli are capable of being used for tlie allevia | Act. |
| tion or cure of any venereal disease. | |
| (2) No such warrant shall be issued except upon complaint made on oath by the commissioner that he has reason to believe and does believe that such articles, medicines, instruments, or appliances are kept, held, or exhibited in such house, office, shop, room, or place, foi' the purpose of sale or unlawful use. | |
| (8) The constable or police officer to whom any such special warrant is issued may if necessary obtain assistance and use force by breaking open doors or otherwise in order to effect an entrance. |
| (4) | ■ | AVliencver any such articles, medicines, |
instruments, or appliances are seized and brought before a magistrate in pursuance of any such special warrant such nragistrate shall thereupon issue a summons calling upon the occupier of the house, office, shop, room, or other place entered by virtue of such warrant to appear within seven days before such magistrate to show cause why the articles, medicines, instruments, and apjdiances so seized should not be destroyed or forfeited.
(•a) Tlie magistrate issuing sucb summons shall— if the occupier or some other person claiming to be the owner of the articles, medicines, instru- ]uents, or appliances seized does not appear within the time limited; or
(a)
(b) if the occupier or such other person appears and
it is found that the articles, medicines, instrii-
| . | ments, or appliances seized or any of them are |
| , | . | of |
270 Venereal Diseases Act.
| George V, | of tlie character stated in the warrant, and kept, |
| No. 46, | held, or exhibited for tlie purpose of sale or unlawful use, |
order them, or any of them, to be destroyed or forfeited.
(6) The magistrate shall, if satisfied that the
articles, medicines, instruments, and appliances seized
are not of the character stated in the warrant, or are not
kept, held, or exhibited for the purpose of sale or un
lawful use, direct them to he restored to the occupier of
the house, office, shop, room, or other place in which
they Avere seized, or to the person appearing to be the
| ownin’ thereof. | ’ |
Powers of the
| M inister. | 27. The Minister shall— |
| Vic. 2858, 21.^ | (a) establish hospitals or places for the reception and treatment of persons suffering from ven ereal disease; | |||||||||
|
| P o u c r | t o | 28. No prosecution or proceeding for the I'ecovery |
| inû cculc. | of penalties under this Act or any regulation thereunder |
shall
| Venereal Diseases Act. | 271 |
shall he instituted except hy the commissioner or some George V,
person thereunto authorised in Avriting hy the commis
sioner either generally or in the particular case :
Provided tliat nothing herein contained shall affect any right to institute proceedings independently of tliis section in respect of any act or omission which is an offence at common law or under some Act other than this Act.
29. Without limiting the operation of the provisions False all,'ga-
of this or any other Act, every person Avho, witliout legal pe,Isons'”
justification or excuse, falsely alleges, whether hy words suii'ei ing fiom
or otherwise, that any other person is suffering or has (îs'’ease'!
suffered from venereal disease (whether the form of such
disease is specified or not), shall he guilty of the offence
of pulilishing a defamatory libel, and the provisions of
the Defamation Act, 11)12, as to the offence of publishing
a defamatory libel shall apply accordingly.
30. This Act shall commence and take effect on a Communee-
date to be ])roclaimcd 1)}" the Governor. In such pro clamation the Govc'vnor may declare a date or dates upon Avhich this Act shall come into operation cither generally throughout Ncav South Wales or throughout any area or ai’eas which may be defined in such pro
| clamations. | , |
31. (1) If a children’s court established under the ChiUren’s
])rovisions of the Neglected Children and Juvenile Offenders Act, 11)05, has reason to believe that a child, male or female, is suffering from venereal disease, the court may, at any time either before or after committal of such child, order an examination to be made of such child by a medical practitioner, either male or female.
(2) In the event of the medical practitioner reporting that any child is so suffering, the court shall fortlnvith notify the commissioner in Avriting, Avho may thereupon deal AA’ith such child as provided in this Act.
32. (1) No child shall be boarded out under the stai<’
provisions of the State Children Iiciief Act, IDUl, unless
the child has been—
(a) examined by a medical practitioner ; and
(b) certified by such medical practitioner as bcim;’
| • | free from A cnercal disease, or no longer liable to convcA" infection. |
| ‘ | (2) |
| ‘2.72 | Venereal Diseases Act. |
| •■̂ tfbrge V, ' | (2) Such certificate shall he ohtained at the |
’ No. 46. expense of the State Children’s radief Board, and
| retained by it. | . |
| ' | (3) Any person contravening this section shall he liable to a penalty not exceeding twenty pounds. |
| Rigiiia;! 1113 | 33. (1) The Governor may m.-Jce regulations for or (2) In any regulations which tlie Governor may make under this Act a penalty not exceeding twenty- five pounds may be imposed for the breach of any sucli regulation. Any such penalty may be recovered before a stipendiary or police magistrate or any two justices of tlie peace in petty sessions. |
| a"c ' | V itli respect to all matters necessary or convenient to be |
| , | prescribed for carrying out the provisions of this Aet. |
(3) All regulations made under this section
| shall— | ' |
(a) be published in the Gazette:
| (b) | take effect from the date of publication or liom a later date to be specified in such regulations ; |
| (c) | he laid before both Houses of Parliament within fourteen days after publication if Parliament is in session ;̂ and if not, then, within fourteen days after tlie coramencenient of the next session ; |
| ; | (d) | if eitlier.Hou^g uf Parliament passes a resolution |
| , | of vyhich ngtice has been given at any time within filteeu sitting days after such regulations have been laid before such House disallowing | |
| . | any regulation, such regulation shall thereupon |
| . | • | cease to have effect. |
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