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

Legislation au C1944L00024 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1944. No. 24.

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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 Second day of February, 1944.

(SGD.) GOWRIE.

Governor-General.

 

By His Excellency’s Command,

 

 

 

 

 

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

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

1. Regulation 39 of the National Security (Medical Co-ordination and Equipment) Regulations is repealed and the following Regulation is inserted in its stead:—

Performance of services for civil population by Medical Officers of Forces.

“39.—(1.) For the purpose of providing for the needs of the civil population in consequence of the employment of medical practitioners on war service—

(a) a medical officer of the Naval, Military or Air Forces of the Commonwealth may, and shall, where so directed by the officer in charge of the Medical Service to which he belongs or by an officer authorized by that officer to give such directions; and

(b) a medical officer of the Naval Military or Air Forces of any other part of His Majesty’s dominions or of any power or authority allied or associated with His Majesty in any war in which His Majesty is engaged may,

perform medical services for members of the civil population.

 

* Notified in the Commonwealth Gazette on      , 1944.

† Statutory Rules 1943, No. 51, as amended by Statutory Rules 1943, Nos. 204 and 304.

475.—Price 3d.         25/24.1.1944.


“(2.) Any such medical officer shall, in respect of the performance of such services, be deemed to be a legally qualified medical practitioner in the State or Territory of the Commonwealth in which the services are performed notwithstanding that he has not complied with the requirements of the laws of that State or Territory relating to the qualification or registration of medical practitioners.

“(3.) The power of an officer in charge of a Medical Service or an officer authorized by him to give directions under paragraph (a) of sub-regulation (1.) of this regulation shall include the power to direct a medical officer to act as locum tenens during any period in which it is, in the opinion of the officer giving the direction, necessary for any medical officer so to act.

“(4.) This regulation shall not affect the operation of any Act or regulation prescribing the conditions of service of medical officers of the Naval, Military or Air Forces of the Commonwealth.”.

2. After regulation 39 of the National Security (Medical Co-ordination and Equipment) Regulations the following regulation is inserted:—

Fees for performance of services for civil population by Medical Officers of Forces.

“39a.—(1.) The Minister may, by Order, determine the terms and conditions under which a medical officer of the Naval, Military or Air Forces of the Commonwealth may perform medical services for members of the civil population pursuant to the provisions of regulation 39 of these Regulations and the fees which shall be payable to the Commonwealth in respect of any services so performed.

“(2.) The Minister may, by Order, determine the terms and conditions upon which a medical officer of the Naval, Military or Air Forces of the Commonwealth may act as locum tenens, in pursuance of a direction under regulation 39 of these Regulations, during any period in which it is necessary for any medical officer so to act, including the fees to be paid to the Commonwealth in respect of the services of the medical officer.

“(3.) Any Order pursuant to this regulation may be made either generally or in relation to any medical officer or officers or class of officers and in respect of the whole of the Commonwealth or any part or parts of the Commonwealth.

“(4.) In this regulation ‘the Minister’ means—

(a) in relation to medical officers of the Naval Forces of the Commonwealth, the Minister of State for the Navy;

(b) in relation to medical officers of the Military Forces of the Commonwealth, the Minister of State for the Army; and

(c) in relation to medical officers of the Air Forces of the Commonwealth, the Minister of State for Air.

“(5.) Any amount payable to the Commonwealth in respect of fees provided for by Order under this regulation may be recovered by the Commonwealth as a debt in any court of competent jurisdiction.”.

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

Overview

Statutory Rules 1944, No. 24, made under the National Security Act 1939-1943, were enacted by the Governor-General in Council on 2 February 1944 to address the issue of ensuring adequate medical services for the civil population during wartime, particularly in light of the deployment of medical officers in war service. This legislative instrument amends the National Security (Medical Coordination and Equipment) Regulations to allow medical officers of the Australian Naval, Military, and Air Forces, as well as those from allied or associated forces, to provide medical services to the civilian population. These officers can perform such services on direction from their respective Medical Service heads or authorised officers, and are deemed qualified practitioners regardless of local registration requirements. The regulations also empower the Minister to set terms, conditions, and fees for these services, which can be enforced as debts in relevant courts. This legislative action aims to ensure the continuity of medical services for the civilian population amidst the exigencies of war.

Scope and Application

The Regulations under the National Security Act 1939-1943 apply to medical officers of the Naval, Military, or Air Forces of the Commonwealth, as well as those from any other part of His Majesty’s dominions or allied powers in any war in which His Majesty is engaged. These regulations allow medical officers to provide services to the civil population in response to the employment of medical practitioners on war service. The scope of the Regulations extends to any part of the Commonwealth, and they are designed to facilitate the provision of medical services by military medical officers without requiring them to comply with the specific qualification or registration laws of the states or territories where they provide services. This regulation permits the Minister to set the terms and conditions, including fees, for such services through an Order, which can be made generally or for specific officers or classes of officers within any part of the Commonwealth. Additionally, any fees determined under these Regulations can be recovered by the Commonwealth in any court of competent jurisdiction.

Key Provisions

The primary operative sections of these Regulations under the National Security Act 1939-1943 pertain to the provision of medical services by military medical officers to the civil population during wartime (Reg. 39). Specifically, medical officers from the Naval, Military, or Air Forces of the Commonwealth, as well as those from allied or associated forces, are authorised to provide medical services to civilians, even if they have not fulfilled the local registration requirements (Reg. 39(2)). Furthermore, these officers can be directed to act as locum tenens when deemed necessary by the relevant authority (Reg. 39(3)). Regulation 39a allows the Minister to set terms and conditions for these services, including fees payable to the Commonwealth for such services. These Regulations impose specific obligations on military medical officers and the relevant Ministers. Military medical officers must comply with any directions issued by their commanding officers or authorised representatives to provide medical services to civilians (Reg. 39(1)). The Ministers of State for the Navy, Army, and Air are tasked with determining the terms and conditions under which these services are provided, including any applicable fees (Reg. 39a). Any orders made by the Ministers must specify whether they apply generally or to specific medical officers or classes of officers, and they can cover the entire Commonwealth or any part thereof (Reg. 39a(3)). The Regulations do not explicitly outline offences, penalties, or consequences for non-compliance. However, any fees established by the Ministers under Regulation 39a can be enforced as a debt in any court of competent jurisdiction (Reg. 39a(5)). This implies that failure to pay fees as determined by the Ministers could result in legal action by the Commonwealth to recover the outstanding amounts. The specific penalties for non-compliance with other aspects of the Regulations are not detailed in the text provided.

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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.