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

Legislation au C1941L00196 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1941. No. 196.

 

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 Regulation under the National Security Act 1939-1940.

Dated this fourteenth day of August, 1941.

GOWRIE

Governor-General.

By His Excellency’s Command,

ROBERT G. MENZIES

Minister of State for Defence Co-ordination.

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

After regulation 4 of the National Security (Medical Co-ordination and Equipment) Regulations the following regulation is inserted:—

Power to require medical practitioners to serve as medical officers in Citizen Forces.

“4a.—(1.) Notwithstanding anything contained in section 60 of the Defence Act 1903-1941, if it appears to the Governor-General to be necessary in the interests of the public safety and the defence of the Commonwealth, he may, by Proclamation, call upon all medical practitioners under sixty years of age (other than medical practitioners employed in the naval, military or air forces of the Commonwealth) irrespective of districts or sub-districts or the classes referred to in that section to serve as medical officers in the Citizen Forces.

(2.) Every medical practitioner called upon in pursuance of this regulation to serve in the Citizen Forces shall, notwithstanding any claim for exemption, attend for medical examination at such times and places as are specified in a notice issued in accordance with this regulation, and shall furnish such information as is required for the purposes of this regulation. Unless he is included in one of the classes of persons specified in sub-regulation (4.) of this regulation, he may

 

* Notified in the Commonwealth Gazette on 15th August, 1941.

† Statutory Rules 1088, No. 178, as amended by Statutory Rules 1940, No. 53

5204.—Price 3d.


be appointed as a medical officer in any part of the Citizen Forces, and shall, if so appointed, serve within the Commonwealth as a medical officer in that part of those Forces:

Provided that a person called upon in pursuance of this regulation to serve in the Citizen Forces shall not be appointed as a medical officer in the Naval Forces or the Air Force without his consent, but if he so consents and is so appointed, he shall be liable to serve outside the Commonwealth:

Provided further that nothing in this regulation shall prevent any medical practitioner appointed to the Citizen Military Forces from volunteering to serve in any force raised for service outside the Commonwealth.

(3.) A notice for the purposes of this regulation shall be issued by the Chairman of the Central Committee, upon the recommendation of that Committee and shall be delivered by hand to, or posted to the last known place of residence of, the person to whom it relates.

(4.) The following persons shall be exempt from service in the Citizen Forces under this regulation:—

(a) Persons reported by the medical authorities prescribed in pursuance of the Defence Act 1903-1941 as unfit for any naval, military or air force service whatever;

(b) Members of the Parliament of the Commonwealth or of a State;

(c) Persons exempted by the Central Committee in order to provide for the requirements of the civil population.

(5.) Any medical practitioner called upon by a Proclamation issued in pursuance of this regulation to serve in the Citizen Forces may forward an application in writing for exemption to the Chairman of the State Committee in the State in which he resides.

(6.) 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 Committee, which may grant or refuse the application.

(7.) 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.

(8.) Where the Central Committee grants exemption to any medical practitioner, the Chairman of the Committee may issue a certificate of exemption to him.

(9.) 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 status on which the exemption is based, surrender the certificate to the Chairman of the State Committee.”.

 

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

Overview

The Statutory Rules 1941 No. 196, Regulations under the National Security Act 1939-1940, were introduced to address the urgent need for medical practitioners to support the Citizen Forces during a period of heightened national security concerns. Enacted by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council, these regulations aimed to ensure that the defence forces had sufficient medical personnel by requiring medical practitioners under sixty years of age to serve in the Citizen Forces. The regulations allowed for exemptions for those deemed unfit for service, members of Parliament, and individuals critical to civil population needs, while also providing a process for medical practitioners to apply for exemption from service.

Scope and Application

The National Security (Medical Co-ordination and Equipment) Regulations, as amended, establish provisions for the conscription of medical practitioners to serve in the Citizen Forces during times deemed necessary for the public safety and defence of the Commonwealth. These regulations apply to all medical practitioners under the age of sixty who are not already employed in the naval, military, or air forces of the Commonwealth. The geographic reach of these regulations is national, as they apply throughout the Commonwealth. Exemptions from service include medical practitioners deemed unfit for service, members of Parliament, and those exempted by the Central Committee to meet civil population needs. The regulations allow for the Central Committee to grant exemptions, which can be revoked at any time. Subordinate instruments may extend or further define the application of these regulations to ensure efficient coordination and equipment for the Citizen Forces during national emergencies.

Key Provisions

The main operative sections of this regulation (regulation 4a) allow the Governor-General to call upon all medical practitioners under sixty years of age to serve as medical officers in the Citizen Forces if it is deemed necessary for the public safety and defence of the Commonwealth (section 4a(1)). These medical practitioners must then attend for a medical examination and provide necessary information as specified in the regulation (section 4a(2)). The regulation further outlines the process for issuing notices to the medical practitioners and the conditions under which they may be exempted from service (sections 4a(3) and 4a(4)). It also details the procedures for applying for exemption, including the role of the State and Central Committees in reviewing and granting or refusing such applications (sections 4a(5) to 4a(9)). This regulation imposes several obligations on medical practitioners and administrative bodies. Firstly, medical practitioners who are called upon to serve must attend for medical examination and provide the required information, unless they fall under the specified classes of exemption (section 4a(2)). Secondly, the Central Committee and the State Committees are tasked with reviewing applications for exemption and making decisions on whether to grant or refuse such exemptions (sections 4a(5) to 4a(7)). The Central Committee also has the authority to issue certificates of exemption to those granted exemption (section 4a(8)). Additionally, medical practitioners who have been granted exemption must present their certificates upon demand by Commonwealth officers or members of the police force (section 4a(9)(a)), and surrender these certificates if the exemption is revoked or if the condition for the exemption ceases (section 4a(9)(b)). The regulation does not explicitly detail specific offences or penalties for non-compliance with its provisions. However, the requirement for medical practitioners to attend for medical examination and provide information can be seen as a mandatory obligation, with potential enforcement actions taken by Commonwealth officers or members of the police force if a practitioner fails to comply. The role of the Central and State Committees in granting or revoking exemptions also implies that any misuse of the exemption process could lead to administrative sanctions. The regulation’s emphasis on public safety and defence suggests that non-compliance could be treated with significant seriousness, though the exact consequences would likely be determined by subsequent legislation or administrative actions.

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National Security Law
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