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

Legislation au C1942L00314 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942. No. 314.

 

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 eighteenth day of July, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

JOHN J. DEDMAN

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

 

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

Definitions.

1. Regulation 2 of the National Security (Medical Co-ordination and Equipment) Regulations is amended by inserting the following definition after the definition of “authorized officer”:—

“‘Emergency Medical Service’ means the Emergency Civil Medical Practitioner Service established in pursuance of these Regulations;”.

Central Medical Co-ordination Committee.

2. Regulation 3 of the National Security (Medical Co-ordination and Equipment) Regulations is amended—

(a) by inserting in paragraph (a) of sub-regulation (1.), after the word “Services,”, the words “Australian Military Forces,”;

(b) by omitting from paragraph (f) of sub-regulation (1.) the word “Assistant” and inserting in its stead the word “Acting”; and

(c) by omitting from paragraph (a) of sub-regulation (4.) the word “Navy” and inserting in its stead the word “Naval”.

 

* Notified in the Commonwealth Gazette on 18th July, 1942.

† Statutory Rules 1989, No. 178, as amended by Statutory Rules 1941, Nos. 53, 196 and 247, and 1942, Nos. 107, 152, 173, 207 and 223.

4821.—Price 3d.


Delegation of powers.

3. Regulation 3b of the National Security (Medical Co-ordination and Equipment) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “Chairman of the Central Committee, acting upon the recommendation of that Committee” and inserting in their stead the words “Central Committee, or the Chairman of the Central Committee”;

(b) by inserting in paragraph (b) of sub-regulation (1.), before the word “Chairman”, the words “State Committee or the”;

(c) by inserting after sub-regulation (1.) the following sub-regulation:—

“(1a.) Where by these Regulations any power is conferred upon the Chairman of the Central Committee, acting upon the recommendation of that Committee., the power may, in relation to any State, be delegated to the Chairman of a State Committee, acting upon the recommendation of the State Committee.”;

(d) by omitting paragraph (b) of sub-regulation (2.) and inserting in its stead the following paragraph:—

“(b) may be issued subject to conditions and restrictions in relation to the exercise of the delegated power;”;

(e) by inserting in paragraph (d) of sub-regulation (2.), after the words “function by”, the words “the Central Committee or”; and

(f) by omitting from sub-regulation (3.) the word “may” and inserting in its stead the words “shall be deemed to”.

Meetings of Central Committee.

4. Regulation 4 of the National Security (Medical Co-ordination and Equipment) Regulations is amended by omitting from sub-regulation (3.) the word “shall” and inserting in its stead the word “may”.

Emergency Civil Medical Practitioner Service.

5. Regulation 4b of the National Security (Medical Co-ordination and Equipment) Regulations is amended—

(a) by inserting in sub-regulation (2.), after the word “employed”, the words “on full-time duty”;

(b) by omitting sub-regulations (10.) and (10a.) and inserting in their stead the following sub-regulations:—

“(10.) A member of the Emergency Medical Practitioner 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 general directions as are, from time to time, issued by the Minister of State for Home Security, acting upon the recommendation of the Central


Committee, and such particular directions (not inconsistent with the general directions) as are, from time to time, issued by the Central Committee or the State Committee in the State in which the member resides or is for the time being serving. Directions under this sub-regulation may specify the periods during which, and the place or places in Australia at which, the services shall be performed.

“(10a.) The Central Committee or a State Committee may, upon the request of the governing body of any public hospital or any State or public institution, direct any member of the Emergency Medical Service to perform services as a medical officer in the hospital or institution.”;

(c) by inserting after sub-regulation (11.) the following sub-regulation:—

“(11a.) A member of the Emergency Medical Service who performs service as a medical officer in a public hospital or a State or public institution in pursuance of a direction under sub-regulation (10a.) of this regulation shall, in respect of each period during which he performs that service, be entitled to receive from the governing body of the hospital or institution such salary or other remuneration as is usually paid by that body to the occupant of the position, but shall not be entitled to receive pay and allowances under the last preceding sub-regulation.”;

(d) by omitting from sub-regulation (13.) the words “and the circumstances in which, and the authorities or persons by whom, such charges may be waived” and inserting in their stead the words “and in relation to the recovery and waiving of any such charges”; and

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

“(14.) The governing authorities or officers of any hospital, any member of the Emergency Medical Service or any other person shall for the purposes of this regulation keep such records as the Executive Officer of any State Committee directs.”.

6. After regulation 4b of the National Security (Medical Coordination and Equipment) Regulations the following regulation is inserted:—

Director-General of Emergency Medical Service.

“4ba.—(1.) The Minister may appoint a member of the Central Committee to be Director-General of the Emergency Civil Medical Practitioner Service.

“(2.) The Director-General of the Emergency Civil Medical Practitioner Service shall give effect to the decisions of the Central Committee insofar as they relate to the Emergency Civil Medical Practitioner Service, and for that purpose may give directions to a State Committee.”.


Hospitals and ambulances.

7. Regulation 4d of the National Security (Medical Co-ordination and Equipment) Regulations is amended by omitting from sub-regulation (5.) the words “in managing” and inserting in their stead the words “is managing”.

Meetings of Medical Equipment Control Committee.

8. Regulation 6 of the National Security (Medical Co-ordination and Equipment) Regulations is amended by omitting from sub-regulation (3.) the word “shall” and inserting in its stead the word “may”.

Power to enter premises.

9. Regulation 9 of the National Security (Medical Co-ordination and Equipment) Regulations is amended by omitting from paragraph (b) of sub-regulation (1.) the word “inspect” and inserting in its stead the word “inspected”.

State Medical Co-ordination Committees.

10. Regulation 10 of the National Security (Medical Co-ordination and Equipment) Regulations is amended—

(a) by omitting from paragraph (f) of sub-regulation (1.) the words “in any State in which the administration of hospitals is not under the control of the Department administering matters relating to public health—”;

(b) by omitting from that paragraph the word “and”; and

(c) by inserting the following paragraph at the end of that sub-regulation:—

“; and

(h) one other member appointed by the Minister.”.

Meetings of State Medical Co-ordination Committees.

11. Regulation 10a of the National Security (Medical Co-ordination and Equipment) Regulations is amended by omitting from sub-regulation (3.) the words “so appointed”.

 

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

Overview

The Statutory Rules 1942, No. 314, are regulations made under the National Security Act 1939-1940. Enacted in 1942 during a period of national emergency, these regulations were introduced to address the urgent need for a coordinated medical response to wartime conditions. The enacting body was the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The regulations aim to streamline the coordination of medical services and equipment to ensure efficient and effective support for both military and civilian populations affected by war operations. This includes the establishment and operation of the Emergency Civil Medical Practitioner Service, ensuring that medical practitioners are available to provide necessary services under wartime conditions.

Scope and Application

The Statutory Rules of 1942, No. 314, establish Regulations under the National Security Act 1939-1940, focusing on amendments to the National Security (Medical Co-ordination and Equipment) Regulations. These regulations apply to the coordination of medical services in Australia during wartime, specifically addressing the Emergency Civil Medical Practitioner Service, which includes civil medical practitioners on full-time duty. The regulations define key terms, modify the composition and powers of the Central Medical Co-ordination Committee and State Medical Co-ordination Committees, and establish the roles and responsibilities of these committees and their chairmen. The regulations also provide for the delegation of powers to the Chairman of a State Committee, clarify the scope of medical services to be provided, and address the remuneration and record-keeping obligations for members of the Emergency Medical Service. The geographic reach of these regulations is national, covering all states and territories of Australia, with the aim of ensuring effective medical coordination and support for the civil population during wartime. The regulations may be extended or restricted through subordinate instruments, and certain exclusions or exemptions may apply as specified within the regulations themselves.

Key Provisions

The primary operative sections of these Regulations include amendments to the existing National Security (Medical Co-ordination and Equipment) Regulations, specifically adding and altering definitions, the composition of the Central Medical Co-ordination Committee, and the roles and responsibilities of the Emergency Medical Service (EMS). For instance, Regulation 1 defines "Emergency Medical Service" as the Emergency Civil Medical Practitioner Service established under these Regulations (s. 1). Regulation 2 modifies the composition of the Central Medical Co-ordination Committee to include representatives from the Australian Military Forces and changes the term "Assistant" to "Acting" in certain roles (s. 2). Regulation 3 updates the delegation of powers, allowing the Chairman of the Central Committee or the Chairman of a State Committee to exercise certain powers (s. 3). Regulation 4b outlines the duties of EMS members, specifying that they must perform medical services for civilians affected by war operations and other members of the community as directed by the Minister of State for Home Security or relevant committees (s. 5). Regulation 4ba establishes the role of the Director-General of the Emergency Civil Medical Practitioner Service, who is appointed by the Minister to implement the decisions of the Central Committee (s. 6). These Regulations impose several obligations on the parties involved. The Central Medical Co-ordination Committee and State Medical Co-ordination Committees must now include representatives from the Australian Military Forces and make decisions regarding the Emergency Medical Service (s. 2). The EMS members are required to perform medical services for civilians as directed by the Minister and relevant committees (s. 5). Additionally, the governing authorities or officers of any hospital, EMS members, or other persons must keep records as directed by the Executive Officer of any State Committee (s. 5). The Director-General of the EMS must give effect to the decisions of the Central Committee (s. 6). Failure to comply with these Regulations may result in legal consequences. While the Regulations themselves do not explicitly outline offences, penalties, or civil/criminal consequences for breach, any breach of the underlying National Security Act 1939-1940 or related legislation could lead to penalties, including fines and imprisonment. For instance, under the National Security Act, certain offences carry a maximum penalty of five years imprisonment (s. 6). Similarly, offences under the National Security (General) Regulations 1939 may result in fines up to 200 penalty units or imprisonment for up to two years, or both (s. 10). It is essential to consult the primary Act and related Regulations for detailed information on specific penalties.

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National Security Law
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Definitions & Interpretation
Delegation of powers
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