National Security (Medical Co-ordination and Equipment) Regulations (Amendment)

Legislation au C1943L00304 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1943. No. 304.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

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 1939-1943.

Dated this seventeenth day of December, 1943.

GOWRIE

Governor-General.

By His Excellency’s Command,

J. M. FRASER

for and on behalf of the Minister of State for Defence.

 

Amendments of the National Security (Medical Co-ordination and Equipment) Regulations. †

Exemption.

1. Regulation 25 of the National Security (Medical Co-ordination and Equipment) Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Any medical practitioner called upon to serve in the Citizen Forces or in the Emergency Medical Service in pursuance of regulation 23 or regulation 24 of these Regulations may, within fourteen days after the issue of the notice calling upon him to serve, forward to the State Committee in the State in which he resides an application in writing for exemption from such service.”.

2. Regulation 28 of the National Security (Medical Co-ordination and Equipment) Regulations is repealed and the following regulation inserted in its stead:—

Duties of members of Emergency Medical Service.

“28.—(1.) A member of the Emergency Medical Service shall—

(a) perform medical services for members of the civil population who are suffering injury, disease or incapacity as the result of war operations or who, under military direction or approval, leave their homes in consequence of or in apprehension of attacks by the enemy; and

(b) perform medical services for other members of the civil community,

in accordance with such directions as are, from time to time, given by the Central Committee or the State Committee in the State in which the member resides or is for the time being serving.

* Notified in the Commonwealth Gazette on 17th December, 1943.

† Statutory Rules 1943, No. 51, as amended by Statutory Rules 1943, No. 204.

7304.—Price 3d.


“(2.) Directions under this regulation may specify the periods during which, and the place or places in Australia at which, the services shall be performed.

“(3.) The power to give directions under this regulation shall include the power to direct a member to act as locum tenens during any period in which it is necessary for any medical practitioner temporarily to cease practice.

“(4.) If a member of the Emergency Medical Service objects to any direction given to him by a State Committee, he may, within fourteen days after the date upon which the directions are given, forward an appeal in writing to the Central Committee setting out the grounds of his objection, and shall forward a copy of the appeal to the Chairman of the State Committee, who shall forward to the Chairman of the Central Committee a statement of the views of the State Committee with respect to the appeal.

“(5.) On receipt of the appeal, the Central Committee shall consider the grounds of the objection and the views expressed by the State Committee and may confirm, vary or revoke the direction of the State Committee.”.

3. After regulation 29 of the National Security (Medical Coordination and Equipment) Regulations the following regulation is inserted:—

Members of Emergency Medical Service not required to be registered under State law.

“29a. In respect of the performance of medical services in pursuance of regulation 28 or regulation 29 of these Regulations, a member of the Emergency Medical Service shall be deemed to be entitled to practise as a legally qualified medical practitioner in the State or Territory of the Commonwealth in which such services are performed, notwithstanding that he has not complied with the requirements of the law of the State or Territory relating to the registration of medical practitioners.”.

4. Regulation 30 of the National Security (Medical Co-ordination and Equipment) Regulations is repealed and the following regulation inserted in its stead:—

Pay and allowance of members of Emergency Medical Service.

“30.—(1.) The Chairman or Executive Officer of a State Committee may, if the State Committee considers that the circumstances under which a medical practitioner is performing medical services under these Regulations justify payment to him under this sub-regulation, give notice to the medical practitioner that he will be paid such rates as are determined by the Minister in accordance with the rates of pay and allowances payable to medical officers of the Commonwealth Department of Health, and the medical practitioner shall, so long as the notice continues in force, be paid accordingly.

“(2.) The Minister may, where a member of the Emergency Medical Service continues the practice of medicine under conditions which the Minister considers to be exceptional, authorize the payment of a sum approved by him, on the recommendation of the Central Committee, to that member, who shall be entitled to be paid accordingly.

“(3.) Notwithstanding anything in this regulation, a member of the Emergency Medical Service may, if he so desires, serve in an honorary capacity.”.

 

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

Overview

The Statutory Rules 1943 No. 304, made under the National Security Act 1939-1943, address the need for efficient medical coordination and equipment during a period of national emergency. Enacted by the Governor-General, with advice from the Federal Executive Council, these regulations aim to ensure that medical practitioners can serve in the Citizen Forces or the Emergency Medical Service without undue hindrance. This legislation was introduced to streamline the process of medical service provision during wartime, providing clear guidelines for the duties of medical practitioners and the mechanisms for exemption or appeal, while also addressing payment and registration issues to facilitate a responsive and effective medical service structure. The overarching policy objective is to ensure that the nation's medical resources are optimally mobilised and coordinated in response to the exigencies of war.

Scope and Application

The National Security (Medical Co-ordination and Equipment) Regulations, 1943, apply to medical practitioners who are called upon to serve in the Citizen Forces or the Emergency Medical Service as per the National Security Act 1939-1943. These regulations primarily govern the terms and conditions under which these medical practitioners can be exempted from service, their duties when serving, and the allowances they are entitled to receive. The regulations extend across the Commonwealth of Australia, ensuring a uniform approach to the coordination and equipment of medical services during national security efforts. Exemptions from service are available for medical practitioners who apply to the relevant State Committee within fourteen days of being called upon to serve. Additionally, members of the Emergency Medical Service are permitted to practice medicine without adhering to the usual state or territory registration requirements. Payment and allowances for these medical practitioners are determined by the State Committee and the Minister, with provisions for both paid and honorary service.

Key Provisions

The main operative sections of these regulations pertain to the duties, exemptions, and payments for medical practitioners serving in the Citizen Forces or the Emergency Medical Service. Regulation 25 (1) allows any medical practitioner called upon to serve to apply for exemption within fourteen days of receiving the notice (Reg. 25(1)). Regulation 28 outlines the duties of members of the Emergency Medical Service, which include providing medical services to the civil population affected by war operations or under military direction, and following directions from the Central or State Committee (Reg. 28(1)-(5)). Regulation 29a provides that members of the Emergency Medical Service are deemed qualified to practice medicine in the state or territory where they perform their duties, regardless of their compliance with state or territory registration laws (Reg. 29a). Regulation 30 details the payment and allowances for medical practitioners serving under these regulations, including the possibility of being paid according to Commonwealth rates or receiving an exceptional payment (Reg. 30(1)-(3)). The Act imposes several obligations and requirements on the parties involved. Medical practitioners who are called upon to serve must apply for exemption within the specified timeframe if they wish to be exempt (Reg. 25(1)). Members of the Emergency Medical Service must adhere to the duties and directions specified by the Central or State Committee, and have the right to appeal any directions they object to (Reg. 28(1)-(5)). The Central Committee is required to consider appeals and can confirm, vary, or revoke the directions of the State Committee (Reg. 28(4)-(5)). Additionally, State Committees or the Minister may determine payments for members of the Emergency Medical Service, with the possibility of honorary service also recognised (Reg. 30(1)-(3)). The regulations also outline potential penalties and consequences for breaches. While specific penalties are not mentioned in these regulations, breaches of regulations under the National Security Act 1939-1943 could result in civil or criminal consequences as per the overarching Act. Given the context of the Act and the critical nature of medical services during wartime, non-compliance could potentially lead to severe repercussions, although the exact penalties would be governed by the broader legal framework of the National Security Act.

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National Security Law
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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.