New South Wales Consolidated Acts

PRIVATE HEALTH FACILITIES ACT 2007 - SECT 37

37 Nursing requirements for private health facilities

(1) The licensee of a private health facility must--

(a) ensure that a registered nurse is on duty at the facility at all times during which there is a patient at the facility, and

(b) ensure that a registered nurse is appointed as a director of nursing of the facility, and

(c) ensure that any vacancy in the position of director of nursing of the facility is filled within 7 days (or such other period as may be prescribed) after the vacancy occurs.

: Maximum penalty--1,000 penalty units.

(2) The regulations may prescribe the minimum necessary qualifications for a registered nurse to be appointed as a director of nursing at a facility.

(3) The licensee of a private health facility must, except as may be provided by the regulations, notify the Secretary in accordance with this section of the name and qualifications of the person appointed as director of nursing of the facility.

: Maximum penalty--50 penalty units.

(4) A notification under subsection (3) must--

(a) be in writing, and

(b) be given before the person is appointed as director of nursing or, if that is not practicable, immediately after that time, and

(c) be accompanied by any particulars that may be prescribed.

(5) Nothing in this Act prevents a licensee, if qualified, from carrying out the duties of director of nursing.

(6) It is a defence to a prosecution for an offence arising under this section if the defendant proves that the defendant took all reasonable steps to avoid being guilty of the offence.

(7) In this section--

"director of nursing" of a private health facility means the registered nurse responsible for the care of patients at the facility.