STATUTORY RULES.
1943. No. 188.
REGULATION 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 twenty-ninth day of July, 1943.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Defence.
———
Amendment of the National Security (Supplementary) Regulations. †
Members of the Forces suffering from mental disorder.
Regulation 47‡ of the National Security (Supplementary) Regulations is amended—
(a) by omitting the words “Director of Medical Services, Royal Australian Air Force” and inserting in their stead the words “Director General of Medical Services, Royal Australian Air Force”; and
(b) by adding at the end thereof the following sub-regulation:—
“(2.) This regulation shall extend to and in relation to any person (not being a member of any arm of the forces referred to in the last preceding sub-regulation)—
(a) who is a ‘member of the Forces’ within the meaning of section 100 or section 105 of the Australian Soldiers’ Repatriation Act 1920-1943;
(b) who is certified by a medical officer appointed for the purposes of that Act to be suffering from mental disorder; and
(c) in respect of whom a Deputy Commissioner of Repatriation makes a request that he be received and treated in an institution.
* Notified in the Commonwealth Gazette on , 1943.
† Statutory Rules 1940, No. 126, as amended to date.
‡ See Statutory Rules 1942, No. 493.
3283.—Price 3d. 24/19.6.1943.
“(3.) The provisions of any law of a State as to the control, management and inspections of mental hospitals, the care and treatment of patients detained therein and their detention, removal, transfer, discharge or absence on trial leave, and the care, protection and management of patients’ estates shall, with such modifications, adaptations and exceptions as are necessary, apply to and in relation to any person received in an institution in accordance with this regulation:
Provided that notice of any intended removal, transfer, discharge or leave of absence on trial shall be given to the Director of Naval Medical Services, the Director General of Medical Services, Australian Military Forces, the Director General of Medical Services, Royal Australian Air Force, or the Deputy Commissioner of Repatriation for the State, as the case requires.”.
By Authority. L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules of 1943, No. 188, is a legislative instrument made under the National Security Act 1939-1940, enacted to address the need for updated provisions concerning the treatment and management of members of the Australian Defence Forces suffering from mental disorders. The regulation was issued by the Governor-General in Council, acting on the advice of the Minister of State for Defence. The policy objective is to ensure that members of the forces suffering from mental disorders receive appropriate treatment in institutions, aligning with the standards set by state laws, while also maintaining coordination with relevant military authorities. This regulation modifies the National Security (Supplementary) Regulations to include provisions for the treatment of such members by extending the scope of the regulation to cover individuals certified by a medical officer under the Australian Soldiers’ Repatriation Act 1920-1943, and it mandates that state laws governing mental hospitals and patient care apply with necessary modifications.
Scope and Application
This statutory regulation under the National Security Act 1939-1940 pertains specifically to the treatment of members of the Forces suffering from mental disorders. It amends the National Security (Supplementary) Regulations to extend the regulation to any person who is classified as a member of the Forces under sections 100 or 105 of the Australian Soldiers’ Repatriation Act 1920-1943 and is certified by a medical officer as suffering from a mental disorder. This includes any such individual for whom a Deputy Commissioner of Repatriation requests treatment in an institution. The regulation also mandates that the provisions of state laws concerning the control, management, and inspection of mental hospitals, as well as the care, treatment, and detention of patients, apply to individuals received in institutions under this regulation, subject to necessary modifications, adaptations, and exceptions. It requires that any intended removal, transfer, discharge, or leave of absence on trial must be notified to relevant authorities including the Director of Naval Medical Services, the Director General of Medical Services for the Australian Military Forces and the Royal Australian Air Force, and the Deputy Commissioner of Repatriation for the state concerned.
Key Provisions
The main operative sections of these Regulations pertain to the amendment of Regulation 47 of the National Security (Supplementary) Regulations (paragraphs (a) and (b)). Specifically, the Regulations alter the title of the Director of Medical Services of the Royal Australian Air Force to Director General of Medical Services, Royal Australian Air Force. Additionally, the scope of Regulation 47 is expanded to include any individual who is not a member of any arm of the forces but is classified as a 'member of the Forces' under the Australian Soldiers' Repatriation Act 1920-1943, is certified by a medical officer as suffering from a mental disorder, and is requested by a Deputy Commissioner of Repatriation to be admitted and treated in an institution (paragraph (b)(2)). This amendment ensures that certain provisions of state laws regarding mental hospitals and patient care apply to these individuals, subject to necessary modifications, adaptations, and exceptions (paragraph (3)).
The Regulations impose several obligations on the parties involved. Firstly, medical officers must certify whether individuals suffering from mental disorders are eligible for treatment under these Regulations. Secondly, Deputy Commissioners of Repatriation must request the admission of these individuals to institutions where they can receive necessary care. Thirdly, the Directors of Naval Medical Services, Director General of Medical Services of the Australian Military Forces, Director General of Medical Services of the Royal Australian Air Force, and Deputy Commissioners of Repatriation must be notified of any intended removal, transfer, discharge, or trial leave of patients. These notifications are essential to ensure that all relevant authorities are aware of the movements and status of patients under the care of these institutions.
Any breach of these Regulations may result in civil or criminal consequences. While the specific penalties are not stated in the text, it is reasonable to infer that penalties could include fines, imprisonment, or other sanctions as prescribed by relevant laws. The exact nature and extent of these penalties would depend on the specific provisions of the National Security Act 1939-1940 and any related legislation. The Regulations underscore the importance of adhering to the outlined procedures and ensuring the proper care and management of individuals suffering from mental disorders within the framework of national security provisions.