Venereal Diseases (Amendment) Act 1963 (NSW)

VENEREAL DISEASES (AMENDMENT) ACT.

Act No. 37, 1963.

Elizabeth II, An Act to make provision for the medical examination

No. ^ 1 9 6 3 Qf persons suflFering or suspected to be suffering

from venereal disease; for these and other purposes to amend the Venereal Diseases Act, 1918, as amended by subsequent Acts; and for purposes connected therewith. [Assented to, 15th October, 1963.]

T>E it enacted by the Queen’s Most Excellent Majesty, by

and with the advice and consent of the Legislative

Council and Legislative Assembly of New South Wales in

Parliament assembled, and by the authority of the same, as

follows: —'

Short title, 1.

(1) This Act may be cited as the “Venereal Diseases (2) The Venereal Diseases Act, 1918, as amended by subsequent Acts and by this Act, may be cited as the Venereal Diseases Act, 1918-1963.

citation

and com­	(Amendment) Act, 1963”.
mencement.
(3) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.
Amendment

of Act No. 2. The Venereal Diseases Act, 1918, as amended by

46, 1918. subsequent Acts, is amended—

Sec. 2.	(a) by omitting from section two the definition of “Venereal disease” means gonorrhoea, all stages of syphilis, chancroid, gonorrhoeal ophthalmia, lymphogranuloma venereum, granuloma inguinale, and any disease of the like nature prescribed as a venereal disease.
(Defini­

tions.)

“Venereal disease” and by inserting in lieu thereof

the following definition : —

(b)

Venereal Diseases (Amendment) Act. 287

(b)	(i)	by omitting from subsection one of section five No. 37, 1963
the words “at least once in every such period ~
as is prescribed” and by inserting in lieu (pe^gnj
thereof the words “on such occasions as may suffering
be directed by notiee in writing delivered to venereal
such person by such medical practitioner or disease
by a medical practitioner at such hospital or
place, as the case may be” ; treatment.)
(ii)	by inserting in subsection two of the same section after the word “pounds” the words “or to imprisonment for a term not exceeding
one month” ;
(c)	(i)	by omitting from subsection one of section Sec. 9.
nine the words “thereof to the commissioner cases.)
in the prescribed form, and within the pre­ scribed period.” and by inserting in lieu thereof the words “thereof—

(a) to the commissioner where such medi­ cal practitioner is in practice—

(i)   in the Metropolitan Health District defined pursuant to section sixteen of the Public Health Act, 1902, as amended by subsequent Acts; or

(ii)   at a place which is not within a district or group of districts in respect of which a medical officer of health has been appointed pursuant to sub­ section one of section eighteen of the said Act, as so amended; or

(b) to the medical officer of health appointed pursuant to the said sub­ section one of section eighteen for the district or group of districts (not being the said Metropolitan Health District) for which such officer has been

appointed

288                Venereal Diseases (Amendment) Act.

No. 37, 1963 appointed pursuant to the said sub­ section one of section eighteen and in which such medical practitioner is in practice,

in the prescribed form and within the pre­

scribed period.” ;

(ii)   by inserting next after subsection two of the same section the following new sub­ sections : —

(2 a ) Any medical practitioner who gives notice in accordance with the provisions of subsection one of this section shall at the same time and if it is known to him state in such notice the name and address of the person from whom such person consulting him, or attended, or treated by him, suspects that the disease was contracted, if on all the informa­ tion available to him such medical practitioner has reasonable cause to believe that the disease was so contracted.

(2n) Any person consulting a medical practitioner, or being attended, or treated by him, who gives any information for the purposes of subsection (2 a ) of this section as to the person from whom such person so consulting, or being attended, or treated, con­ tracted the disease, which is false or misleading in any material particular shall be liable to a penalty not exceeding fifty pounds, but no such information given to such a medical practitioner for the purposes of the said sub­ section (2 a ), bona fide and without negli­ gence, shall be made the ground of any legal proceedings, civil or criminal, against such person so consulting, or being attended, or treated, other than proceedings for the recovery of a penalty under this subsection.

(d)

Venereal Diseases (Amendment) Act. 289

(d)	by inserting next after section nine the following No. 37,1963
new section : — ---- „

New sec. 9a.

9a. (1) Where the commissioner or a medical Compulsory

officer of the Department of Public Health deputed ™®m1na-

by the commissioner to act on his behalf for the tion.

purposes of this section is satisfied that there is

reasonable cause to believe that a person is suffering

from venereal disease he may, by notice in writing

served on such person personally, require such per­

son to present himself for examination by a medical

practitioner at such time and place as may be speci­

fied in such notice.

(2) Any person on whom any such notice is served who fails to present himself for and sub­ mit to such examination at the time and place so specified shall be liable to a penalty not exceeding one hundred pounds, or to imprisonment for a term not exceeding three months.

(e)	(i)
by omitting from subsection one of section ten Sec. lO. prescribed under” and by inserting in lieu pauenuo ̂ thereof the words “on any one occasion as be reported may be directed by notice in writing by such “ Continue medical practitioner in accordance with subsec- treatment.) tion one of” ;
(ii)	by inserting in the same subsection after the word “commissioner” the words “in the circumstances referred to in paragraph (a) of subsection one of section nine of this Act or to a medical officer of health as referred to in paragraph (b) of the same subsection in the circumstances referred to in the said paragraph (b)” ;

(f) by inserting in section eighteen after the words sec. 18. “venereal disease” the words “or is suspected to (Protection be suffering from venereal disease,” ;

(g ) tioner.)

P40847—1#

290                General Loan Account Appropriation Act.

No. 37, j1963 (g) tty inserting at the end of section twenty-three the

Sec. 23.	following new subsection : —
(Appoint­

ment of	(2) The Governor may from time to time
comrais-

sioner.and	appoint .a medical practitioner to act as a deputy
deputy com­	in plajoe of the commissioner during the illness or
missioner.)	absence of the conunissioner.
Any isuch-medicaT practitioner while acting as a deputy in place of the commissioner shall have all the powers, authorities, duties and functions of the commissioner.