National Health (Pensioners' Medical Services Committees of Inquiry) Regulations (Amendment)

Legislation au C1953L00098 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1953. No. 98.

 

REGULATIONS UNDER THE NATIONAL HEALTH SERVICE ACT 1948-1949.*

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 day of November, 1953.

W. J. Slim

Governor-General.

By His Excellency’s Command,

Minister of State for Health.

 

Amendments of the National Health (Pensioners’ Medical Services Committees of Inquiry) Regulations.†

Interpretation.

1. Regulation 3 of the National Health (Pensioners’ Medical Services Committees of Inquiry) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2.) In these Regulations, a reference to the provision of medical services for pensioners and their dependants is a reference to the provision of medical services, medicines and other benefits for pensioners and their dependants under the National Health (Medical Services to Pensioners) Regulations or the National Health (Medicines for Pensioners) Regulations or under an arrangement made by the Director-General under section 7 of the Act and the first-mentioned Regulations.”.

Functions of Federal Committee of Inquiry.

2. Regulation 7 of the National Health (Pensioners’ Medical Services Committees of Inquiry) Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(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 medical practitioners in connexion with the provision of medical services for pensioners and their dependants.”.

 

* Notified in the Commonwealth Gazette on , 1953

† Statutory Rules 1952, No. 100.

4437.—Price 3d 9/22.10.1953.


Functions of State Committees of Inquiry.

3. Regulation 11 of the National Health (Pensioners’ Medical Services Committees of Inquiry) Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(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 medical practitioners in connexion with the provision, in the State for which the Committee has been established, of medical services for pensioners and their dependants.”.

Medical practititioner affected by inquiry to be given notice.

4. Regulation 17 of the National Health (Pensioners’ Medical Services Committees of Inquiry) Regulations is amended—

(a) by omitting from sub-regulation (1.) the word “seven” and inserting in its stead the word “ten”; and

(b) by adding at the end thereof the following sub-regulation:—

“(7.) When a matter referred to the Federal Committee of Inquiry concerns a course of conduct of medical practitioners generally or in a class of cases, the matter shall, for the purposes of this regulation, be deemed not to concern the conduct of a medical practitioner.”.

Minister may direct that medical practitioner be ineligible to participate in arrangements.

5. Regulation 26 of the National Health (Pensioners’ Medical Services Committees of Inquiry) Regulations is amended—

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) The Minister may, after investigation and report by the Federal Committee of Inquiry or a State Committee of Inquiry concerning the conduct of a medical practitioner in relation to his provision of medical services for pensioners and their dependants—

(a) reprimand the medical practitioner; or

(b) direct that he shall cease to be eligible to participate in an arrangement made by the Director-General under section 7 of the Act and the National Health (Medical Services to Pensioners) Regulations and shall not again be so eligible for such period (not exceeding twelve months) as the Minister determines.”; and

(b) by inserting after sub-regulation (2.) the following sub-regulation:—

“(2a.) The Minister shall not give a direction under paragraph (b) of sub-regulation (1.) of this regulation in respect of a medical practitioner unless, having regard to the evidence before the Committee of Inquiry that has carried out the investigation and to the report of that Committee, he is satisfied that the medical practitioner has, in relation to his provision of medical services for pensioners and their dependants, been guilty of failure to discharge


conscientiously his obligations under an arrangement made by the Director-General under section 7 of the Act and the National Health (Medical Services to Pensioners) Regulations, or of conduct which shows him to be unfit to participate in such an arrangement, or which is an abuse or contravention of the Act or of any regulations in force under the Act.”.

Appeal from Minister’s direction.

6. Regulation 28 of the National Health (Pensioners’ Medical Services Committees of Inquiry) Regulations is amended by omitting sub-regulation (4.) and inserting in its stead the following sub-regulations:—

“(4.) Upon an appeal under this regulation, the Court shall have regard to the evidence before the Committee of Inquiry that investigated the conduct of the medical practitioner and to the report of that Committee.

“(5.) If the Court is satisfied that the medical practitioner has, in relation to his provision of medical services for pensioners and their dependants, been guilty of failure to discharge conscientiously his obligations under an arrangement made by the Director-General under section 7 of the Act and the National Health (Medical Services to Pensioners) Regulations, or of conduct which shows him to be unfit to participate in such an arrangement, or which is an abuse or contravention of the Act or of any regulations in force under the Act, 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 Minister to revoke the direction given by him under paragraph (b) of regulation 26 of these Regulations.

“(7.) The Court may, where it considers it is just to do so, instead of dismissing an appeal in accordance with sub-regulation (5.) of this regulation, order the reduction of the period for which the Minister has, in pursuance of sub-regulation (1.) of regulation 26 of these Regulations, directed that the medical practitioner is not eligible to participate in an arrangement referred to in that sub-regulation.

“(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.”.

 

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

Overview

The Statutory Rules of 1953, No. 98, are regulations under the National Health Service Act 1948-1949, which were enacted to address the administration and oversight of medical services provided to pensioners and their dependants under the national health scheme. This legislative instrument was made by the Governor-General in accordance with the advice of the Federal Executive Council and came into effect on 26 November 1953. The primary objective of these regulations is to establish the functions and procedures for inquiries conducted by both federal and state committees of inquiry regarding the conduct of medical practitioners involved in the provision of medical services for pensioners. The regulations also outline the processes for appeals against ministerial decisions that may affect a medical practitioner's eligibility to participate in medical services arrangements.

Scope and Application

The Statutory Rules of 1953, No. 98, titled "Regulations Under the National Health Service Act 1948-1949," provides amendments to the National Health (Pensioners’ Medical Services Committees of Inquiry) Regulations. These amendments apply to medical practitioners providing services for pensioners and their dependants under the National Health (Medical Services to Pensioners) Regulations or the National Health (Medicines for Pensioners) Regulations, or under arrangements made by the Director-General under section 7 of the Act. The scope of these regulations is confined to the Commonwealth of Australia and pertains specifically to the conduct of medical practitioners involved in the provision of these services. Notably, the regulations do not extend to general courses of conduct but focus on individual cases where misconduct or unfitness to provide services is alleged. The Minister has the authority to direct a medical practitioner to cease participation in these services and can be appealed against by the practitioner. The Minister's decision can be reviewed by a Court, which has the authority to dismiss the appeal if the practitioner's conduct is found to be unsatisfactory or to reduce the period of ineligibility if deemed appropriate.

Key Provisions

The Regulations under the National Health Service Act 1948-1949 amend existing provisions primarily concerning the functions and procedures of Federal and State Committees of Inquiry related to the provision of medical services for pensioners and their dependants. Regulation 3 clarifies that references to medical services for pensioners and their dependants encompass not just medical services but also medicines and other benefits provided under specific National Health Regulations or under arrangements made by the Director-General (1). Regulation 7 delineates the function of the Federal Committee of Inquiry, which is to inquire into and report on any matters referred to it by the Minister or Director-General concerning the services or conduct of medical practitioners in relation to medical services for pensioners and their dependants (2). Similarly, Regulation 11 specifies that State Committees of Inquiry have the role of investigating and reporting on matters concerning medical practitioners within their respective states (3). The Regulations impose several obligations on the parties involved. Federal and State Committees of Inquiry are required to conduct thorough investigations and submit detailed reports to the Minister or Director-General on any issues pertaining to medical practitioners' conduct in providing services to pensioners and their dependants (2, 3). Medical practitioners affected by an inquiry must be given notice, with the required notice period extended from seven to ten days (4). The Minister is empowered to take disciplinary action against medical practitioners found to be in breach of their obligations or unfit to provide services, including barring them from participating in arrangements under the Act and Regulations for up to twelve months (5). Additionally, there are specific criteria the Minister must consider before barring a practitioner, ensuring that such actions are based on solid evidence and fair investigation (5(2a)). The Regulations also outline potential consequences for non-compliance. While the Regulations do not explicitly state criminal offences or civil penalties, they provide a framework for disciplinary actions against medical practitioners. The Minister can reprimand or bar practitioners from participating in medical arrangements, and these decisions can be appealed to the Court (5, 6). The Court has the authority to dismiss an appeal if it finds the practitioner has failed to discharge their obligations or exhibited unfit conduct, but it can also reduce the period of ineligibility if deemed just (6(5), 6(7)). The Court's decision is final and conclusive, and it can order either party to pay costs (6(8), 6(9)).

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