National Security (Alien Doctors) Regulations

Legislation au C1942L00052 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1942. No. 52.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

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 Security Act 1939-1940.

Dated this.  Eleventh

day of  February         , 1942.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence Co-ordination.

 

National Security (Alien Doctors) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Alien Doctors) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for Health.

Definitions.

3. In these Regulations, unless the contrary intention appears—

“applicant” means an applicant for a licence under these Regulations;

“approved” means approved by the Board;

“Committee” means an Examining Medical Committee established in pursuance of regulation 5 of these Regulations;

“licence” means a licence issued under these Regulations;

“the Board” means the Commonwealth Alien Doctors Board established in pursuance of regulation 4 of these Regulations.

Commonwealth Alien Doctors Board.

4. There shall be a Commonwealth Alien Doctors Board consisting of the Commonwealth Director-General of Health, who shall be the Chairman of the Board, and two other members who shall be appointed by the Minister.

* Notified in the Commonwealth Gazette on      , 1942.

951.—25/5.2.1942.—Price 3d.


Examining Medical Committee.

5.—(1.) There shall be an Examining Medical Committee in each of the States of New South “Wales, Victoria, Queensland and South Australia, consisting of—

The Professor of Medical Jurisprudence, who shall be the Chairman of the Committee;

The Professor of Medicine;

The Professor of Surgery; and

The Professor of Obstetrics;

in the University in the State.

(2.) If a University in any State has no officer holding any of the titles referred to in the last preceding sub-regulation or, in the event of the illness of any of these officers, the Minister may appoint another officer of that University to be a member of the Committee in that State, who, in the opinion of the Minister, has, for the purposes of these Regulations, an equivalent status.

Fees and allowances of members of the Board and of Committees.

6. There shall be payable to each member of the Board or of a Committee fees and allowances at such rates as the Minister determines.

Licensing of alien doctors.

7.—(1.) Any person who is, by the law of any country outside Australia qualified to practise medicine in that country, may apply in accordance with the approved form to the Chairman of the Board for a licence under these Regulations.

(2.) The applicant shall—

(a) set out in his application the name by which he was ordinarily known before his arrival in Australia;.

(b) supply original diplomas, certificates, testimonials or licences, or other documents, in support of his application; and

(c) supply such other information as the Board or a Committee requires.

Examination of applicants.

8.—(1.) Any person making application for a licence shall attend for examination at the time and place notified to him by the Chairman of the Board or of a Committee.

(2.) The applicant may be required to answer any questions either orally or in writing, which may be put to him by either the Board or a Committee.

Report of Committee on examination.

9. A Committee shall report to the Board in accordance with the approved form whether, in its opinion, any applicant examined by it—

(a) has a knowledge of the English language adequate for the conduct of medical practice;

(b) possesses the requisite knowledge and skill for the efficient practise of medicine, surgery and obstetrics according to the standards in force at any Australian University;

(c) possesses the requisite knowledge and skill for the efficient practise, as a specialist, of one of the special branches of medical science.

Action by the Board on receipt of reports.

10.—(1.) After consideration of any report from a Committee in respect of any applicant, the Board may grant, or may refuse to grant, a licence to the applicant.


(2.) A licence granted under this regulation may be—

(a) a licence to practise medicine in all branches of medical science; or

(b) a licence to practise medicine in one or more branches of medical science specified in the licence.

(3.) Any such licence may be unlimited as to place or area or may be limited as to any institution, service or area within the Commonwealth specified in the licence.

(4.) Subject to these Regulations any such licence shall be valid for such period as is specified in the licence.

(5.) In addition to any limitations to which any such licence is subject in accordance with the foregoing provisions of this regulation the licence may be subject to such qualifications or conditions as are specified in the licence.

Form of licence.

11. A licence shall be in accordance with the approved form.

Cancellation and suspension of licences.

12.—(1.) The Board may, in its discretion, cancel any licence or may suspend any licence for such period as is determined by the Board.

(2.) Any person whose licence is so suspended or cancelled may appeal to the Minister, whose decision on the appeal shall be final.

Licensed persons may practise notwithstanding State laws.

13. Notwithstanding anything in the law in force in any State, any person licensed under these Regulations shall be entitled to practise medicine in any such State, subject to the limitations, conditions or qualifications specified in his licence.

Licensed persons may be required to practise in accordance with directions of the Minister.

14. Any person licensed under these Regulations shall, if so required by the Minister, practise medicine in any locality or place, and under such conditions (if any), as the Minister directs.

Duration of licences.

15. Notwithstanding anything in these Regulations, every licence shall lapse and be no longer valid on the day on which the National Security Act 1939-1940 ceases to be in force.

 

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

Overview

The National Security (Alien Doctors) Regulations 1942 were enacted by the Governor-General in Council under the National Security Act 1939-1940 to address the need for the regulation of alien doctors during the Second World War. This legislative instrument was designed to ensure that only qualified alien doctors could practise medicine in Australia, thereby maintaining public health and safety standards. The regulations are administered by the Minister of State for Health and establish a Commonwealth Alien Doctors Board, chaired by the Commonwealth Director-General of Health, to oversee the licensing process. The Board works in conjunction with Examining Medical Committees in each state to assess applicants' qualifications and language proficiency. These regulations provide a framework for the licensing of alien doctors, including the examination process, criteria for licence approval, and the ability to impose conditions on or suspend and cancel licences as necessary.

Scope and Application

The National Security (Alien Doctors) Regulations, enacted under the National Security Act 1939-1940, pertain specifically to the licensing and regulation of medical practice by non-Australian citizens, referred to as "alien doctors," for national security purposes during the Second World War. These regulations apply to any individual who is qualified by the laws of a foreign country to practice medicine and wish to do so in Australia. The Minister of State for Health administers these regulations, and they extend across the entire Commonwealth of Australia, including its states and territories. The regulations establish a Commonwealth Alien Doctors Board, which oversees the licensing process, and Examining Medical Committees in each state, responsible for assessing applicants' qualifications and language proficiency. These regulations allow for the granting of licenses to practice medicine, subject to specific conditions and limitations determined by the Board. The regulations also provide for the suspension or cancellation of licenses, with the Minister's decision being final on any appeals. Furthermore, the regulations permit licensed practitioners to operate in any state, despite any state laws to the contrary, and may require them to practice in designated areas or under specified conditions as directed by the Minister.

Key Provisions

The National Security (Alien Doctors) Regulations, made under the National Security Act 1939-1940, establish a framework for the licensing of doctors from overseas who wish to practise medicine in Australia during a period of national security concern. The primary sections of these regulations outline the establishment of a Commonwealth Alien Doctors Board (regulation 4), the creation of Examining Medical Committees in each of the specified states (regulation 5), and the procedures for applying for and obtaining a medical licence (regulations 7 to 11). The regulations also provide for the examination of applicants (regulation 8), the reporting process for the Committees (regulation 9), and the decision-making authority of the Board (regulation 10). Furthermore, these regulations allow for the cancellation or suspension of licences (regulation 12), and stipulate that licensed doctors may practise in any state despite any conflicting state laws (regulation 13). The regulations impose several obligations on the parties involved. Doctors from overseas who wish to practise in Australia must apply for a licence in accordance with the specified form and provide necessary documentation and information (regulation 7). They must also attend an examination conducted by an Examining Medical Committee, which may include answering questions orally or in writing (regulation 8). The Committees are required to report to the Board on the applicant's qualifications, including their knowledge of the English language and their proficiency in medical practice (regulation 9). The Board, upon receiving the Committee's report, has the authority to grant or refuse a licence, which may be subject to specific conditions or limitations (regulations 10 and 11). Licensed doctors may also be directed to practise in certain localities or under specific conditions as determined by the Minister (regulation 14). Failure to comply with these regulations may result in significant consequences. The Board has the authority to cancel or suspend a licence (regulation 12), and any person whose licence is suspended or cancelled may appeal to the Minister, whose decision is final. Additionally, any unlicensed practice of medicine by an alien doctor may be subject to the penalties outlined in the National Security Act 1939-1940. The regulations also stipulate that all licences will lapse once the National Security Act ceases to be in force (regulation 15).

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National Security Law
Instrument
Regulation
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Definitions & Interpretation
Licensing & Registration
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.