The Law and Politics of Registering Doctors: Lessons from New South Wales, 1937–42

Author(s):  
Gabrielle Wolf

Doctors who fled from Nazi-occupied and dominated Europe sought to pursue their profession wherever they could. Those who arrived in Australia confronted substantial impediments to doing so. In New South Wales (‘NSW’), doctors who represented, registered and educated the medical profession and Members of Parliament attempted to prevent ‘refugee doctors’, as they were described, from practising medicine. Due largely to protectionism and prejudice, many refugee doctors were denied registration to practise medicine irrespective of their qualifications, skills and experience, and despite the low number of refugee doctors who settled in NSW. This article focuses on the law and politics of registering the medical profession. It analyses the treatment of refugee doctors who sought to practise medicine in NSW between 1937 and 1942, and then reflects on the contemporary relevance of this episode in Australia’s history of medical regulation. The article discusses cautionary lessons we might learn from the past so that capable overseas-trained doctors to whom Australia grants refuge are permitted to practise their profession and provide valuable medical services to the community. This article also considers whether changes to the law since that time might constitute some safeguard against repetition of past discrimination.

Author(s):  
S. E. Pale ◽  

This article is about the complicated relations between Norfolk Island located in the South Pacific and Australia that possesses the island as its ‘external territory’. Over the past century Australia and its tiny but strategically important possession have overcome many difficult moments, the most dramatic of which took place in 2015, when the Australian Parliament ended self-government on the island and put Norfolk under the laws of New South Wales thus making it part of Australia.


1997 ◽  
Vol 19 (1) ◽  
pp. 70
Author(s):  
MJ Quinn

There is growing competition for the resources of Australia's rangelands. This competition is spreading from traditional users, like pastoralists, to increasingly include interests in the wider community. The way that the history of the rangelands is represented is important to the way these interests are perceived, articulated and reconciled. Popular (and much academic) writing on the past European use of the rangelands remains bogged in a tradition that stresses simplistic themes of careless destruction. The 1901 New South Wales Royal Commission into the Condition of the Crown Tenants is oftp seen as a seminal document in the history of the understanding of the rangelands. The Royal Commission was not, though, a starting point of sophisticated knowledge of the rangelands. Rather, it was an important articulation of an existing tradition of knowledge. The Commission was, furthermore, a product of widespread local understanding, activism and support for reform in western New South Wales. The European management of the rangelands from its earliest decades has been the result of informed struggle - not wanton ignorance. To clearly see this is to see the possibility that today's competition for resources contains no villains either. Moreover, to accept this past knowledgeability may challenge elements of our modern commitment to accruing knowledge, particularly the assumption that better knowledge will lead to better management.


2017 ◽  
Vol 76 (3) ◽  
pp. 483-486 ◽  
Author(s):  
Paul S. Davies

Both interpretation and rectification continue to pose problems. Difficulties are compounded by blurring the boundary between the two. In Simic v New South Wales Land and Housing Corporation [2016] HCA 47, the High Court of Australia overturned the decisions of the lower courts which had held that performance bonds could be interpreted in a “loose” manner in order to correct a mistake. However, the documents could be rectified in order to reflect the actual intentions of the parties. This decision should be welcomed: the mistake was more appropriately corrected through the equitable jurisdiction than at common law. Significantly, the concurring judgments of French C.J. and Kiefel J. highlight that the law of rectification now seems to be different in Australia from the law in England. It is to be hoped that the English approach will soon be revisited (see further P. Davies, “Rectification versus Interpretation” [2016] C.L.J. 62).


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