STATUTORY RULES.
1942. No. 152.
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 twenty-fifth day of March, 1942.
GOWRIE
Governor-General.
By His Excellency’s Command,
JOHN J. DEDMAN
for and on behalf of the Minister of State for Defence Co-ordination.
Amendments of National Security (Medical Co-ordination and Equipment) Regulations.†
Administration.
1. After regulation 1 of the National Security (Medical Co-ordination and Equipment) Regulations, the following regulation is inserted :—
“ 1a. These regulations shall be administered by the Minister of State for Defence Co-ordination.”
Definitions.
2. Regulation 2 of the National Security (Medical Co-ordination and Equipment) Regulations is amended by inserting the following definitions after the definition of “medical equipment”:—
“ 'medical personnel’ includes medical practitioners, dentists, pharmacists, trained nurses, masseurs and masseuses;
‘medical practitioner’ means a medical practitioner registered or licensed to practice in any part of Australia;”
Central Medical Co-ordination Committee.
3. Regulation 3 of the National Security (Medical Co-ordination and Equipment) Regulations is amended—
(a) by omitting paragraph (e) of sub-regulation (1.) and inserting in its stead the following paragraph:—
“ (e) a member appointed by the Minister to represent the Adjutant-General;”; and
* Notified in the Commonwealth Gazette on 26th March, 1942.
† Statutory Rules 1939, No. 178. as amended by Statutory Rules 1941. Nos. 53, 196 and 247; and 1942. No. 107.
2234 —Price 3d.
(b) by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—
“ (4.) The Central Committee shall exercise and perform powers and functions in accordance with these Regulations in relation to—
(a) the provision and distribution of medical personnel for the service of the Navy, Military and Air Forces of the Commonwealth and the civil population;
(b) the supply and distribution of medical equipment; and
(c) the provision of hospital accommodation, equipment and staff to meet any emergency arising out of the war;
and shall exercise general supervision over State Committees.”
4. After regulation 3 of the National Security (Medical Co-ordination and Equipment) Regulations, the following regulations arc inserted:—
Sub-committees.
“3a.—(1.) The Chairman of the Central Committee, acting upon the recommendation of that Committee, may appoint sub-committees to advise and assist the Central Committee in relation to such classes of matters as are respectively specified in the instruments of appointment (being matters related to the functions of the Committee).
(2.) Each sub-committee shall consist of one or more members of the Central Committee and one or more persons having specialized knowledge of the class of matters in respect of which the sub-committee is appointed.
(3.) The Chairman of the Central Committee shall, ex officio, be Chairman of each sub-committee, and the Deputy Chairman of the Central Committee shall act as Chairman of the sub-committee whenever so directed by the Chairman, or whenever the Chairman is unable, owing to illness or for any other reason, to attend any meeting of the sub-committee.
(4.) A sub-committee appointed in pursuance of this regulation in respect of any class of matters—
(a) may inquire into, and make reports and recommendations to the Chairman of the Central Committee in relation to, any matter included in that class which should, in the opinion of the sub-committee, be brought under the notice of the Central Committee;
(b) shall inquire forthwith into any matter included in that class which is referred to the sub-committee for advice by the Chairman of the Central Committee, acting upon the recommendation of that Committee, and submit reports and recommendations in relation thereto to the Chairman of the Central Committee; and
(c) shall give such other assistance to the Central Committee as is indicated in any directions issued, from time to time, by the Chairman of that Committee, acting on behalf of that Committee.”
Delegation of powers by Central Committee.
“3b.—(1.) The Central Committee may delegate any of its powers and functions under these Regulations to any member of the Central Committee, or to a State Committee or any member of a State Committee.
(2.) A delegation under this regulation shall be in writing signed by the Chairman of the Central Committee, acting upon the recommendation of that Committee, shall be revocable at will, and shall not affect the exercise of any power or function by the Central Committee.”
5. After regulation 4a of the National Security (Medical Co-ordination and Equipment) Regulations the following regulations are inserted:—
Emergency Civil Medical Practitioner Service.
“4b.—(1.) There shall be an Emergency Civil Medical Practitioner Service consisting of—
(a) medical practitioners who have volunteered and been accepted for service in that Service; and
(b) medical practitioners called upon by notice issued in pursuance of this regulation to serve in that Service.
(2.) The Chairman of the Central Medical Co-ordination Committee, acting upon the recommendation of that Committee, may issue a notice to any medical practitioner under the age of 60 years (other than a medical practitioner employed in the Naval, Military or Air Forces of the Commonwealth) calling upon him to serve in the Emergency Civil Medical Practitioner Service.
(3.) A notice issued in pursuance of this regulation shall be delivered by hand to, or posted to the last known place of residence of, the medical practitioner to whom it relates.
(4.) Any medical practitioner called upon by a notice issued in pursuance of this regulation to serve in the Emergency Civil Medical Practitioner Service may forward an application in writing for exemption to the Chairman of the State Committee in the State in which he resides, but, notwithstanding his claim for exemption, shall perform such duties as may be required of him under this regulation pending the consideration and determination of his claim for exemption.
(5.) When an application for exemption is submitted in pursuance of the last preceding sub-regulation, the Chairman of the State Committee shall transmit the application to the Chairman of the Central Committee, with a recommendation in relation thereto by the State Committee, and the Chairman of the Central Committee shall submit the application to the Central Medical Co-ordination Committee which may grant or refuse the application.
(6.) Exemptions granted by the Central Committee may be for such periods and subject to such conditions as the Committee determines, and may be revoked by the Committee at any time.
(7.) Where the Central Committee grants exemption to any medical practitioner, the Chairman of the Committee may issue a certificate of exemption to him.
(8.) A person to whom a certificate of exemption has been issued in accordance with this regulation shall—
(a) produce the certificate on demand by any Commonwealth Officer or any member of the Police Force of the Commonwealth or of a State or Territory of the Commonwealth; and
(b) upon the revocation of the exemption or the cessation of the condition or the status on which the exemption is based, surrender the certificate to the Chairman of the State Committee.
(9.) Medical practitioners who have volunteered and been accepted for service in the Emergency Civil Medical Practitioner Service and medical practitioners who have been called upon to serve in that Service and have not been granted exemption from such service shall be enrolled as members of the Emergency Civil Medical Practitioner Service.
(10.) A member of the Emergency Civil Medical Practitioner Service shall 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, in accordance with such directions (including directions as to the periods during which, and the places at which, the services shall be performed) as are from time to time issued by the Minister of State for Home Security, acting upon the recommendation of the Central Medical Co-ordination Committee, through the State Medical Coordination Committee of the State in which the member resides.
(11.) A member of the Emergency Civil Medical Practitioner Service shall receive, in respect of service performed in pursuance of sub-regulation (10.) of this regulation, pay and allowances in accordance with the scale of pay and allowances payable to medical officers in the Australian Army Medical Corps performing service of a similar character:
Provided that any medical practitioner may, if he so desires, serve in an honorary capacity in the Emergency Civil Medical Practitioner Service.”
Medical officers may treat civilian population in case of emergency.
“4c.—(1.) For the purpose of providing for the needs of the civil population in cases of emergency, a medical officer of the Naval, Military or Air Forces of the Commonwealth or of any country which is allied or associated with His Majesty in the present war, or a member of the Emergency Civil Medical Practitioner Service shall be entitled to practise as a legally qualified medical practitioner in any State or Territory of the Commonwealth, notwithstanding that he has not complied with the requirements of the laws of the State or Territory relating to the registration of medical practitioners.
(2.) This regulation shall not affect the operation of any Commonwealth Act or regulation prescribing the conditions of service of medical officers of the Naval, Military or Air Forces of the Commonwealth.”
Hospitals and ambulances.
“ 4d.— (1.) As respects any hospital, the Minister or an authorized person may give such directions with respect to the management and use of the hospital as he thinks necessary for securing that proper
hospital treatment will be readily available for members of the Naval, Military and Air Forces of the Commonwealth and members of the civil population who may be suffering from any injury, disease or incapacity in consequence of war operations, and the Minister may, by order, relax any obligation or limitation which by, or by virtue of, any Act, State Act, or other instrument determining their functions, is imposed on the persons having the management of the hospital.
(2.) With a view to ascertaining whether any directions given under this regulation in relation to a hospital are complied with, an authorized person may at any time enter and inspect any premises used for the purposes of the hospital.
(3.) Any person concerned in, or employed in connexion with, the management of a hospital shall, if requested by an authorized person so to do, furnish such information relating to the hospital as the authorized person considers it necessary to obtain for the purposes of this regulation.
(4.) Sub-regulations (1.), (2.) and (3.) of this regulation shall apply in relation to any ambulance service, not being a service maintained for the purposes of any police force or fire brigade, as they apply in relation to a hospital.
(5.) The Minister, if it appears to him necessary so to do for securing that proper hospital treatment will be readily available for members of the Naval, Military and Air Forces of the Commonwealth and persons who may be suffering from any injury, disease or incapacity in consequence of war operations, may manage any hospital, or authorize a person to manage it in accordance with any instructions of the Minister; and while, by virtue of this paragraph, the Minister or a person so authorized in managing any hospital—
(a) he shall be deemed to be acting as agent of the persons who would otherwise have the management of the hospital, except that those persons shall not have any right to control the management thereof; and
(b) those persons shall not be bound by any obligation or limitation imposed on them by or by virtue of any Act, State Act, or other instrument determining their functions.
(6.) For the purposes of this regulation ‘authorized person’ means a person authorized by the Minister to act under this regulation.”
Medical Equipment Control Committee.
6. Regulation 5 of the National Security (Medical Co-ordination and Equipment) Regulations is amended—
(a) by omitting from sub-regulation (1.) the word “and” (second occurring) ;
(b) by adding at the end of that sub-regulation the words— “; and
(f) a representative of the Department of War Organization of Industry.”; and
(c) by inserting in sub-regulation (4.), after the word “shall”, the words “ exercise and perform powers and functions in accordance with these Regulations in relation to medical equipment, and shall ”.
State Medical Co-Ordination Committees.
7. Regulation 10 of the National Security (Medical Co-ordination and Equipment) Regulations is amended—
(a) by omitting the word “and” at the end of paragraph (e) of sub-regulation (1.) ;
(b) by adding at the end of that sub-regulation the following paragraph :—
“ and
(g) a medical practitioner appointed by the Minister to act as the Executive Officer of the Committee.”;
(c) by omitting sub-regulations (2.) and (3.) of that regulation and inserting in their stead the following sub-regulations :—
“(2.) A State Committee shall exercise and perform such powers and functions as are conferred upon, or delegated to, the Committee by or under these Regulations.
(3.) A State Committee appointed in any State shall make investigations and submit reports, plane, and recommendations—
(a) to the Chairman of the Central Committee concerning—
(i) the medical personnel available in the State or any part thereof;
(ii) any action which may be necessary in relation to medical personnel in the State to provide for the needs of the Naval, Military and Air Forces and the civil population in the State in case of emergency; and
(iii) any matters referred to the Committee by the Chairman of the Central Committee; and
(b) to the Chairman of the Medical Equipment Control Committee concerning—
(i) the supplies of medical equipment available in the State;
(ii) any action which may be necessary to meet any existing or anticipated shortage of medical equipment in the State; and
(iii) any matters relating to medical equipment which are referred to the Committee by the Chairman of the Medical Equipment Control Committee.”; and
(d) by inserting the following sub-regulation after sub-regulation (3.):—
“(4.) A State Committee shall comply with all directions issued by the Chairman of the Central Committee, acting on behalf of that Committee, in relation
to the exercise and performance of the powers and functions of the State Committee under these Regulations, and all directions issued by the Chairman of the Medical Equipment Control Committee in regard to matters relating to medical equipment.”
Meetings of State Co-ordination Committees.
8. Regulation 10a of the National Security (Medical Co-ordination and Equipment) Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—
“(2.) The Executive Officer of a State Committee shall act as Deputy Chairman of the Committee.”
Officers.
9. After regulation 10a of the National Security (Medical Co-ordination and Equipment) Regulations, the following regulation is inserted :—
Officers.
“10b.—(1.) The Minister may appoint such secretaries and other as are necessary to assist the Central Committee and the State Committees.
(2.) Officers appointed under this regulation shall hold office during the pleasure of the Minister and upon such terms and conditions as the Minister determines,”
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.