STATUTORY RULES.
1953. No.99.
REGULATIONS UNDER THE NATIONAL HEALTH SERVICE ACT 1948-1949.*
WHEREAS by section 16 of the National Health Service Act 1948-1949 it is provided that the Minister may establish such committees as he thinks fit for the purposes of the Act:[D1]
And whereas by the National Health (Medicines for Pensioners) Regulations made under that Act and by an arrangement made by the Director-General of Health under section 7 of that Act and the National Health (Medical Services to Pensioners) Regulations provision has been made for and in relation to the supply of medicines prescribed by medical practitioners for pensioners and their dependants:[D2]
And whereas the Minister has established a Medicines for Pensioners Federal Committee of Inquiry and a Medicines for Pensioners State Committee of Inquiry for each State of the Commonwealth:[D3]
And whereas by section 22 of that Act it is provided that the Governor-General may make regulations for prescribing, amongst other things, the constitution, powers, functions, duties and procedure of committees established under the Act and the fees and allowances payable to members of those committees:[D4]
Now therefore I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Health Service Act 1948-1949.
Dated this twenty-sixth[D5] day of November, 1953.
W. J. Slim
Governor-General.
By His Excellency’s Command,
Minister of State for Health.
NATIONAL HEALTH (MEDICINES FOR PENSIONERS COMMITTEES OF INQUIRY) REGULATIONS.
Part I.—Preliminary.
Citation.
1. These Regulations may be cited as the National Health (Medicines for Pensioners Committees of Inquiry) Regulations.
Amendment of National Health (Medicines for Pensioners) Regulations.
2. Regulations 11 and 27 of the National Health (Medicines for Pensioners) Regulations are repealed.
* Notified in the Commonwealth Gazette on , 1953.
2151.—Price 5d. 9/1.10.1953.
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 9-25).
Part V.—Miscellaneous (Regulations 26-28).
Definitions.
4.—(1.) In these Regulations, unless the contrary intention appears—
“C[D6]hairman”[D7] includes a person elected to act as Chairman;[D8]
“C[D9]ommittee”[D10] or “C[D11]ommittee of Inquiry”[D12] means the Federal Committee of Inquiry or a State Committee of Inquiry;[D13]
“D[D14]eputy Director of Health”[D15] means, in relation to a State—
(a) the officer performing the duties of the Commonwealth Deputy Director of Health in the State;[D16] or
(b) if there is no office of Commonwealth Deputy Director of Health in the State, the senior Commonwealth medical officer in the State;[D17]
“S[D18]tate Committee of Inquiry”[D19] means a Medicines for Pensioners State Committee of Inquiry established by the Minister under the Act;[D20]
“t[D21]he Act” [D22]means the National Health Service Act 1948-1949;[D23]
“t[D24]he Federal Committee of Inquiry”[D25] means the Medicines for Pensioners Federal Committee of Inquiry established by the Minister under the Act.
(2.) In these Regulations, unless the contrary intention appears, “a[D26]pproved pharmaceutical chemist”[D27], “m[D28]edical practitioner”[D29] and “p[D30]harmaceutical chemist”[D31] have the same respective meanings as in the National Health (Medicines for Pensioners) Regulations.
(3.) Except where otherwise expressly provided in these Regulations, the Australian Capital Territory shall, for the purposes of these Regulations, 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.—(1.) Subject to this regulation, the Federal Committee of Inquiry shall inquire into and report to the Minister or the Director-General on any matter referred to the Committee by the Minister or the Director-General in respect of or arising out of the services or conduct of approved pharmaceutical chemists in connexion with the supply of pensioner benefits under the National Health (Medicines for Pensioners) Regulations.
(2.) Except as provided by the next succeeding sub-regulation, this regulation does not authorize the Federal Committee of Inquiry to report on the conduct of a medical practitioner in relation to a matter upon which the Committee makes inquiry.
(3.) The last preceding sub-regulation does not prevent the Committee from referring in a report to the conduct of a medical practitioner where that reference is incidental to a report by the Committee on the conduct of an approved pharmaceutical chemist.
Part III.—State Committees of Inquiry.
Constitution of State Committees of Inquiry.
7.—(1.) A State Committee of Inquiry shall consist of the Deputy Director of Health in the State in respect of which the Committee has been established and four pharmaceutical chemists appointed by the Minister.
(2.) The Deputy-Director 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 State Committees of Inquiry.
8.—(1.) Subject to this regulation, a State Committee of Inquiry shall inquire into and report to the Minister or the Director-General on any matter referred to the committee by the Minister or the Director-General in respect of or arising out of the services or conduct of approved pharmaceutical chemists in connexion with the supply, in the State for which the Committee has been established, of pensioner benefits under the National Health (Medicines for Pensioners) Regulations.
(2.) Except as provided by the next succeeding sub-regulation, this regulation does not authorize a State Committee of Inquiry to report on the conduct of a medical practitioner in relation to a matter upon which the Committee makes inquiry.
(3.) The last preceding sub-regulation does not prevent a State Committee of Inquiry from referring in a report to the conduct of a medical practitioner where that reference is incidental to a report by the Committee on the conduct of an approved pharmaceutical chemist.
Part IV.—Provisions Applicable to Both Federal and State Committees of Inquiry.
Membership of Committees.
9.—(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.
10.—(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.
11. Meetings of a Committee shall be convened by the Chairman.
Quorum.
12. At a meeting of a Committee three members form a quorum.
Record of proceedings.
13. A Committee shall cause a record of its proceedings to be kept.
Evidence.
14. 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.
15. The proceedings of a Committee shall be held in private.
Determination of questions at meetings.
16.—(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.
17.—(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 Minister or the Director-General in relation to the matter.
(3.) Notice under sub-regulation (1.) of this regulation shall be given by delivering it personally to the chemist or by sending it by prepaid registered letter addressed to him at his last known place of abode or business or by leaving it at his last known place of abode or business with some person apparently an inmate of that place and apparently not less than sixteen years of age.
(4.) Subject to the next succeeding sub-regulation, the Committee shall afford a 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.
18.—(1.) The Chairman of a Committee may, by writing under his hand, summon a person to attend the Committee at a time and place specified in the summons and to give evidence and to produce 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.
19.—(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.
20.—(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:[D32] Fifty pounds or imprisonment for six 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.
21.—(1.) A person appearing as a witness before a Committee shall not refuse to be sworn or to make an affirmation or to answer a question relevant to the proceedings put to him by a member of the Committee.
Penalty:[D33] Fifty pounds or imprisonment for six 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.
22. A witness before a Committee has the same protection as a witness in a matter before the High Court.
Allowances to witnesses.
23. 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.
24.—(1.) An action or proceeding, civil or criminal, does not lie against a member of a Committee for or in respect of an act or thing done, or report made, in good faith by the member or the Committee in pursuance of the powers and duties conferred on the member or the Committee by these Regulations.
(2.) An act or thing 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.
25.—(1.) A member of a Committee (not being an officer of the Public Service of the Commonwealth or of a State) shall be paid a fee of Five pounds five shillings for each day on which he attends a meeting of the Committee.
(2.) 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.
Part V.—Miscellaneous.
Suspension or revocation of approval by Minister.
26.—(1.) The Minister may, after investigation and report by a Committee of Inquiry, by notice in writing, suspend or revoke the approval of a pharmaceutical chemist under the National Health (Medicines for Pensioners) Regulations and may at any time, by notice in writing, remove that suspension or restore that approval.
(2.) A suspension under the last preceding sub-regulation has effect for such period as the Minister determines and specifies in the notice of suspension.
(3.) If the Director-General considers that it is necessary in the public interest to do so pending investigation and report by a Committee of Inquiry, he may, by notice in writing, suspend an approval referred to in sub-regulation (1.) of this regulation, and the Director-General may at any time remove the suspension.
(4.) Where the approval of a pharmaceutical chemist has been suspended under the last preceding sub-regulation, the Director-General shall forthwith refer the matter to a Committee of Inquiry for investigation and report to the Minister.
(5.) A suspension by the Director-General under sub-regulation (3.) of this regulation has effect only until the Minister has dealt with the matter in accordance with the next succeeding sub-regulation.
(6.) On receipt of a report from a Committee of Inquiry on a matter referred to it in accordance with sub-regulation (4.) of this regulation, the Minister may, by notice in writing, further suspend the approval for such period as he specifies in the notice, revoke the approval or remove the suspension.
(7.) The Minister shall not suspend, further suspend or revoke an approval under the preceding provisions of this regulation unless, having regard to the evidence before the Committee of Inquiry and the report of the Committee, he is satisfied that the pharmaceutical chemist has, in relation to or arising out of the approval, been guilty of conduct which is an abuse of that approval or is an abuse or contravention of the Act or of any regulations in force under the Act or which shows him to be unfit to continue to enjoy the approval.
(8.) The suspension or revocation of the approval of a pharmaceutical chemist under this regulation may be in respect of all the premises in respect of which the approval was granted or may be in respect of particular premises.
(9.) A notice in writing under this regulation may be served by post.
Publication of notice of suspension or revocation.
27.—(1.) The Minister may, if he thinks fit, cause notice of action that has been taken under the last preceding regulation 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.
Appeal against suspension or revocation of approval.
28.—(1.) Where, in pursuance of these Regulations, the Minister suspends, further suspends or revokes the approval of a pharmaceutical chemist, the pharmaceutical chemist may appeal to the Supreme Court of the State or Territory of the Commonwealth in which he resides.
(2.) The Supreme Court of each State is invested with federal jurisdiction, and jurisdiction is conferred on the Supreme Court of each Territory of the Commonwealth, to hear and determine appeals under the last preceding sub-regulation.
(3.) The Minister shall be the respondent in the appeal.
(4.) Upon an appeal under this regulation, the Court shall have regard to the evidence before the Committee that investigated the conduct of the pharmaceutical chemist and to the report of that Committee.
(5.) If the Court is satisfied that the pharmaceutical chemist has, in relation to or arising out of the approval that has been suspended or revoked, been guilty of conduct which is an abuse of that approval or is an abuse or contravention of the Act or of any regulations in force under the Act, or which shows him to be unfit to continue to enjoy the approval, it shall, subject to this regulation, dismiss the appeal.
(6.) If the Court is not so satisfied, it shall allow the appeal and order the removal of the suspension or the restoration of the approval.
(7.) The Court may, where it considers it is just to do so, in lieu of dismissing an appeal in accordance with sub-regulation (5.) of this regulation, order the suspension of the approval in lieu of its revocation, or order the reduction of the period of suspension imposed by the Minister.
(8.) The Court may order either party to pay costs to the other party.
(9.) The jurisdiction conferred by this regulation is exercisable by a single Judge of the Court, whose decision is final and conclusive.
(10.) For the purposes of this regulation, the Australian Capital Territory shall not be deemed to be part of the State of New South Wales.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra[D34].
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