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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Nursing and Midwifery Practice
Bill 2008
A BILL FOR
An Act to protect the health and safety of the public by providing for the
registration and enrolment of nurses, midwives and students; to regulate the
provision of nursing and midwifery care for the purpose of maintaining high
standards of competence and conduct by nurses, midwives, students and services
providers; to repeal the Nurses Act 1999; and for other
purposes.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Interpretation
4 Medical fitness to provide
nursing or midwifery care
Part 2—Nursing and Midwifery Board of South
Australia
Division 1—Continuation of
Board
5 Continuation of Board
Division 2—Board's membership
6 Composition
of Board
7 Elections and casual vacancies
8 Terms and conditions of
membership
9 Presiding member and deputy
10 Vacancies or defects in
appointment of members
11 Remuneration
Division 3—Registrar and staff of
Board
12 Registrar of Board
13 Other staff of Board
Division 4—General functions and
powers
14 Functions of Board
15 Committees
16 Delegation by
Board
Division 5—Board's procedures
17 Board's
procedures
18 Conflict of interest etc under Public Sector Management
Act
19 Powers of Board in relation to witnesses etc
20 Principles
governing proceedings
21 Representation at proceedings before
Board
22 Costs
Division 6—Accounts, audit and annual
report
23 Accounts and audit
24 Annual report
Part 3—Registration, enrolment and
practice
Division 1—Registers and nurses
roll
25 Registers and nurses roll
Division 2—Registration, endorsement of registration
and enrolment
Subdivision 1—Registration and enrolment
26 Registration on nurses
register
27 Enrolment on nurses roll
28 Registration on midwives
register
29 Registration on students register
30 Concurrent registration
and enrolment
31 Application for registration or enrolment and provisional
registration or enrolment
32 Removal from register or nurses
roll
33 Reinstatement on register or nurses roll
34 Fees and
returns
35 Imposition of conditions if nurse or midwife has not practised for
5 years
Subdivision 2—Endorsements of
registration
36 Endorsement
37 Application for endorsement
38 Removal
of endorsement
Division 3—Special provisions relating to services
providers
39 Information to be given to Board by services
providers
40 Records to be kept by services providers
41 Services
providers to be indemnified against loss
Division 4—Offences
42 Illegal holding out
as being registered
43 Illegal holding out as being enrolled
44 Illegal
holding out concerning limited registration or enrolment, conditions or
authorisation
45 Illegal holding out as having endorsed
registration
46 Use of certain terms or descriptions
prohibited
47 Improper directions to registered or enrolled
persons
48 Offence to contravene conditions of registration or
enrolment
49 Procurement of registration or enrolment by fraud
50 Nurse or
midwife to produce certificate of registration or enrolment
51 Report to
Board of cessation of status as student
Part 4—Investigations and proceedings
Division
1—Preliminary
52 Interpretation
53 Cause for disciplinary
action
Division 2—Inspectors
54 Authorisation of
inspectors
55 Guidelines
56 Review of guidelines
57 Powers of
inspectors
58 Offence to hinder etc inspector
Division 3—Proceedings before
Board
59 Obligation to report medical unfitness or unprofessional
conduct of registered or enrolled persons
60 Medical fitness of registered or
enrolled persons
61 Inquiries by Board as to matters constituting grounds for
disciplinary action
62 Contravention of prohibition order
63 Register of
prohibition orders
64 Variation or revocation of conditions imposed by
Board
65 Constitution of Board for purpose of proceedings
66 Provisions as
to proceedings before Board
Part 5—Appeals
67 Right of appeal to
District Court
68 Operation of order may be suspended
69 Variation or
revocation of conditions imposed by Court
Part
6—Miscellaneous
70 Exemptions
71 Statutory
declarations
72 False or misleading statement
73 Registered or enrolled
person must report medical unfitness to Board
74 Information relating to
claim against registered or enrolled person or services provider to be
provided
75 Victimisation
76 Self-incrimination
77 Punishment of
conduct that constitutes an offence
78 Vicarious liability for
offences
79 Application of fines
80 Board may require medical examination
or report
81 Ministerial review of decisions relating to
courses
82 Confidentiality
83 Service
84 Evidentiary
provision
85 Regulations
Schedule 1—Repeal and transitional
provisions
Part 1—Repeal
1 Repeal of Nurses
Act 1999
Part 2—Transitional
provisions
2 Transitional provisions relating to
Board
3 Transitional provisions relating to registration and
enrolment
4 Transitional provision relating to students
5 Transitional
provisions relating to completion of proceedings
6 Regulations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Nursing and Midwifery Practice
Act 2008.
(1) Subject to subsection (2), this Act will come into operation on a
day to be fixed by proclamation.
(2) Schedule 1 clause 2(5) comes into operation on the day on which
this Act is assented to by the Governor.
(1) In this Act, unless the contrary intention appears—
appropriate register means—
(a) the nurses register; or
(b) the midwives register; or
(c) the students register,
as the case may require;
Board means the Nursing and Midwifery Board of South
Australia continued in existence under this Act;
corporate or trustee services provider—see
subsection (5);
director of a body corporate means a member of a board or
committee of management of the body corporate, whether validly appointed or
not;
District Court means the Administrative and Disciplinary
Division of the District Court;
endorsement of registration—see
section 36;
enrolled nurse means a person who is enrolled on the nurses
roll;
equipment includes appliances, instruments, dressings,
specimens and substances used in nursing or midwifery or used in or for the
purpose of medical treatment;
exempt provider means—
(a) an incorporated hospital, or a private hospital, within the meaning of
the Health Care Act 2008; or
(b) any other person declared by the regulations to be an exempt provider
for the purposes of this Act;
health professional means—
(a) a medical practitioner; or
(b) a psychologist; or
(c) any other person who belongs to a profession, or who has an
occupation, declared by the Board, by notice in the Gazette, to be a profession
or occupation within the ambit of this definition;
inspector means a person authorised by the Board as an
inspector under section 54;
medical practitioner means a person who is registered as a
medical practitioner under the law of this State;
midwife means a person who is registered on the midwives
register;
midwifery means any treatment, care or advice provided by a
person to—
(a) a woman in relation to her pregnancy; or
(b) a woman or child in relation to the birth of the child,
(whether such treatment, care or advice is provided antenatally or
postnatally);
midwives register—see section 25(1)(c);
nominated contact address of a person who is registered or
enrolled under this Act means an address nominated by the person for the purpose
of service of notices and documents under this Act;
nurse means a person who is registered on the nurses register
or enrolled on the nurses roll;
nurses register—see section 25(1)(a);
nurses roll—see section 25(1)(b);
prescription drug has the same meaning as in the
Controlled Substances Act 1984;
registered nurse means a person who is registered on the
nurses register;
Registrar means the person holding or acting in the office of
Registrar of the Board;
repealed Act means the Nurses Act 1999;
representative body means a body that is declared by the
regulations to be a representative body for the purposes of this Act;
services provider means a person (not being a nurse or
midwife) who provides nursing or midwifery care through the instrumentality of a
nurse or midwife but does not include an exempt provider;
student means a person who is registered on the students
register;
students register—see section 25(1)(d);
supervision includes oversight, direction, guidance and
support (whether given directly or indirectly);
unprofessional conduct includes—
(a) improper or unethical conduct in relation to nursing or midwifery
practice; and
(b) incompetence or negligence in relation to the provision of nursing or
midwifery care; and
(c) a contravention of or failure to comply with—
(i) a provision of this Act; or
(ii) a code of conduct or professional standard prepared or endorsed by
the Board under this Act; and
(d) conduct that constitutes an offence punishable by imprisonment for
1 year or more under some other Act or law.
(2) A reference in this Act to unprofessional conduct extends
to—
(a) unprofessional conduct committed before the commencement of this Act;
and
(b) unprofessional conduct committed within or outside South Australia or
the Commonwealth.
(3) A reference in this Act to engaging in conduct includes
a reference to failing or refusing to engage in conduct.
(4) Without limiting the generality of the expression, a person who is not
a nurse or midwife will be taken to provide nursing or midwifery care
through the instrumentality of a nurse or midwife if the person, in the
course of carrying on a business, provides services to the nurse or midwife for
which the person is entitled to receive a share in the profits or income of the
nurse or midwife's practice of nursing or midwifery.
(5) For the purposes of this Act—
(a) a corporate services provider is a services provider
that is a body corporate and a person occupies a position of
authority in such a provider if the person—
(i) is a director of the body corporate; or
(ii) exercises, or is in a position to exercise, control or substantial
influence over the body corporate in the conduct of its affairs; or
(iii) manages, or is to manage, the business of the body corporate that
consists of the provision of nursing or midwifery care; or
(iv) if the body corporate is a proprietary company—is a shareholder
in the body corporate; and
(b) a trustee services provider is a person acting as a
services provider in the capacity of trustee of a trust and a person occupies a
position of authority in such a provider if the person is a
trustee or beneficiary of the trust.
(6) For the purposes of this Act, a person occupies a position of
authority in a body corporate other than a corporate services provider
if the person—
(a) is a director of the body corporate; or
(b) exercises, or is in a position to exercise, control or substantial
influence over the body corporate in the conduct of its affairs; or
(c) if the body corporate is a proprietary company—is a shareholder
in the body corporate.
(7) However—
(a) a minor who is a shareholder in a proprietary company, or a
beneficiary under a trust, is not, for that reason, to be regarded as a person
occupying a position of authority; and
(b) a charitable organisation that is a beneficiary of a trust is not, for
that reason, to be regarded as occupying a position of authority.
(8) For the purposes of this Act, a person who holds more than 10% of the
issued share capital of a public company will be regarded as a person occupying
a position of authority in that company.
4—Medical fitness
to provide nursing or midwifery care
A person or body must, in making a determination under this Act as to a
person's medical fitness to provide nursing or midwifery care, have regard to
the question of whether the person is able to provide such care personally to
another without endangering the other's health or safety.
Part 2—Nursing and
Midwifery Board of South Australia
Division
1—Continuation of Board
(1) The Nurses Board of South Australia continues in existence as the
Nursing and Midwifery Board of South Australia.
(2) The Board—
(a) is a body corporate; and
(b) has perpetual succession and a common seal; and
(c) is capable of suing and being sued in its corporate name;
and
(d) has all the powers of a natural person that are capable of being
exercised by a body corporate; and
(e) has the functions and powers assigned or conferred under this
Act.
(3) If a document appears to bear the common seal of the Board, it will be
presumed, in the absence of proof to the contrary, that the common seal of the
Board was duly affixed to the document.
(1) The Board consists of 11 members (not including a person
appointed under Part 4) appointed by the Governor of whom—
(a) 7 must be nurses or midwives and of these—
(i) 5 must be elected in accordance with the regulations (see
section 7); and
(ii) 1 must be a person nominated by the Minister; and
(iii) 1 must be a person engaged in teaching nursing or midwifery selected
from a panel to which each prescribed educational institution has been invited
to make a nomination; and
(b) 4 must be persons nominated by the Minister and of
these—
(i) 1 must be a medical practitioner; and
(ii) 1 must be a lawyer; and
(iii) 2 must be persons who are not eligible for appointment under a
preceding provision of this subsection.
(2) At least 1 member of the Board must be a woman and at least 1 must be
a man.
(3) The Governor may appoint a person to be a deputy of a member and a
person so appointed may act as a member of the Board in the absence of the
member.
(4) The requirements of qualification and nomination (if applicable) made
by this section in relation to the appointment of a member extend to the
appointment of a deputy of that member.
(5) If prescribed educational institutions fail to nominate a panel of at
least 3 persons within a period specified by the Minister, the Governor may
appoint a nurse or midwife engaged in teaching nursing or midwifery and the
person so appointed will be taken to have been appointed after due nomination
under this section.
(6) In this section—
prescribed educational institution means a university,
college (within the meaning of the Technical and Further Education
Act 1975) or other body providing a course of study in South Australia
that provides qualifications for registration or enrolment under this
Act.
7—Elections
and casual vacancies
(1) Of the 5 elected nurses or midwives—
(a) 3 must be registered nurses chosen at an election; and
(b) 1 must be an enrolled nurse chosen at an election; and
(c) 1 must be a midwife chosen at an election,
unless the regulations specify otherwise.
(2) An election to choose a person for appointment to the Board must be
conducted under the regulations in accordance with principles of proportional
representation.
(3) A person who is, at the time a voters roll is prepared for an election
in accordance with the regulations, on the voters roll is entitled to vote at
the election.
(4) If an election to choose a person for appointment to the Board fails
for any reason, the Governor may appoint a registered nurse, enrolled nurse or
midwife (as the case requires).
(5) The following rules govern the appointment of a person to fill a
casual vacancy that occurs in the office of a member chosen at an
election:
(a) if the vacancy occurs within 12 months after the member's
election and at that election a candidate or candidates were excluded, the
Governor must appoint the person who was the last excluded candidate at that
election;
(b) if that person is no longer qualified for appointment or is
unavailable or unwilling to be appointed or if the vacancy occurs later than
12 months after the member's election, the Governor may appoint, on the
nomination of the Minister, a registered nurse, enrolled nurse or midwife (as
the case requires);
(c) before nominating a person for appointment, the Minister must consult
the representative bodies;
(d) the person appointed holds office for the balance of the term of that
person's predecessor.
8—Terms
and conditions of membership
(1) A member of the Board will be appointed on conditions determined by
the Governor and for a term, not exceeding 3 years, specified in the
instrument of appointment and, at the expiration of a term of appointment, is
eligible for reappointment.
(2) However, a member of the Board may not hold office for consecutive
terms that exceed 9 years in total.
(3) The Governor may remove a member of the Board from
office—
(a) for breach of, or non-compliance with, a condition of appointment;
or
(b) for misconduct; or
(c) for failure or incapacity to carry out official duties
satisfactorily.
(4) The office of a member of the Board becomes vacant if the
member—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Minister; or
(d) ceases to satisfy the qualification by virtue of which the member was
eligible for appointment to the Board; or
(e) is disqualified from managing corporations under Chapter 2D
Part 2D.6 of the Corporations Act 2001 of the Commonwealth;
or
(f) is removed from office under subsection (3).
(5) If a member of the Board is a member constituting the Board for the
purposes of any proceedings under Part 4 and the member's term of office
expires, or the member resigns, before those proceedings are completed, the
member may, for the purpose of continuing and completing those proceedings,
continue to act as a member of the Board.
The Minister must, after consultation with the Board, appoint a member who
is a nurse or midwife to preside at meetings of the Board (the presiding
member) and another member who is a nurse or midwife to preside at
meetings of the Board in the absence of the presiding member (the deputy
presiding member).
10—Vacancies or
defects in appointment of members
An act or proceeding of the Board is not invalid by reason only of a
vacancy in its membership or a defect in the appointment of a member.
A member of the Board is entitled to remuneration, allowances and expenses
determined by the Governor.
Division
3—Registrar and staff of Board
(1) There will be a Registrar of the Board.
(2) The Registrar will be appointed by the Board on terms and conditions
determined by the Board.
(1) There will be such other staff of the Board as the Board thinks
necessary for the proper performance of its functions.
(2) A member of the staff of the Board is not, as such, an employee of the
Public Service, but the Board may employ a person who is on leave from
employment in the Public Service or with an instrumentality or agency of the
Crown.
(3) The Board may, under an arrangement established by a Minister
administering an administrative unit of the Public Service, make use of the
services or staff of that administrative unit.
Division 4—General
functions and powers
(1) The functions of the Board are as follows:
(a) to oversee the practice of nursing and midwifery in the public
interest;
(b) to approve, after consultation with authorities considered appropriate
by the Board, courses of education or training that provide qualifications for
registration, endorsement of registration or enrolment under this Act;
(c) to determine, after consultation with authorities considered
appropriate by the Board, the requirements necessary for registration,
endorsement of registration or enrolment under this Act;
(d) to establish and maintain the registers and the nurses roll
contemplated by this Act;
(e) to prepare or endorse, subject to the approval of the Minister, codes
of conduct or professional standards for nurses, midwives and students and codes
of conduct for services providers;
(f) to prepare or endorse guidelines on continuing education or training
for nurses and midwives;
(g) to establish administrative processes for handling complaints received
against nurses, midwives, students, services providers or persons who occupy
positions of authority in corporate or trustee services providers (which may
include processes under which the person or provider voluntarily enters into an
undertaking);
(h) to provide advice to the Minister as the Board considers
appropriate;
(i) to carry out other functions assigned to the Board under this Act or
by the Minister.
(2) The Board must perform its functions with the object of protecting the
health and safety of the public by achieving and maintaining high professional
standards both of competence and conduct by nurses, midwives, students and
services providers.
(3) In preparing or endorsing codes of conduct, professional standards or
guidelines, the Board must have regard to definitions of nursing and midwifery
prepared respectively by the International Council of Nurses and the
International Confederation of Midwives.
(4) If—
(a) a code of conduct or professional standard prepared or endorsed by the
Board is approved by the Minister; or
(b) guidelines are prepared or endorsed by the Board,
the Board must—
(c) cause a copy of the code, standard or guidelines to be published in
the Gazette, together with a statement of the operative date of the code,
standard or guidelines (which may not be a date earlier than the date of
publication); and
(d) take reasonable steps to send a copy of the code, standard or
guidelines to each nurse, midwife, student or services provider to whom it
applies; and
(e) ensure that a copy of the code, standard or guidelines is published on
the Internet and kept available for public inspection without charge during
normal office hours at the principal office of the Board,
(although proof of compliance with paragraphs (c), (d) and (e) is not
necessary for the purposes of any proceedings that involve an alleged
contravention of or failure to comply with a code of conduct or professional
standard).
(5) The administrative processes established by the Board for handling
complaints received against nurses, midwives, students, services providers or
persons who occupy positions of authority in corporate or trustee services
providers must be designed—
(a) to be fair to both the aggrieved person and the respondent;
and
(b) to keep both the aggrieved person and the respondent properly informed
about the steps taken by the Board in response to the complaint; and
(c) to provide, if appropriate, opportunities for the clarification of any
misapprehension or misunderstanding between the aggrieved person and the
respondent; and
(d) to keep both the aggrieved person and the respondent properly informed
about the outcome of the processes; and
(e) to take into account the needs of particular classes of persons who
may otherwise suffer disadvantage in the conduct of those processes.
(1) The Board may establish committees—
(a) to advise the Board or the Registrar on any matter; or
(b) to carry out functions on behalf of the Board.
(2) The membership of a committee will be determined by the Board and may,
but need not, consist of, or include, members of the Board.
(3) The Board will determine who will be the presiding member of a
committee.
(4) The procedures to be observed in relation to the conduct of the
business of a committee will be—
(a) as determined by the Board; and
(b) insofar as a procedure is not determined under
paragraph (a)—as determined by the committee.
(1) The Board may, by instrument in writing, delegate a power or function
under this Act (other than a prescribed power or function)—
(a) to a member of the Board, the Registrar or an employee of the Board;
or
(b) to a committee established by the Board.
(2) A delegation—
(a) may be absolute or conditional; and
(b) does not derogate from the power of the Board to act personally in a
matter; and
(c) is revocable at will.
(1) Subject to this Act, 6 members constitute a quorum of the
Board.
(2) At least 4 of the members of the Board who are nurses or midwives
appointed under section 6(1)(a) must be present at any meeting of the Board
(other than under Part 4).
(3) A meeting of the Board (other than for the purposes of hearing and
determining proceedings under Part 4) will be chaired by the presiding member
or, in his or her absence, by the deputy presiding member and, in the absence of
both the presiding member and the deputy presiding member, the members present
at a meeting of the Board must choose 1 of their number to preside at the
meeting.
(4) A decision carried by a majority of the votes cast by members of the
Board at a meeting is a decision of the Board.
(5) Each member present at a meeting of the Board has 1 vote on any
question arising for decision and, except in hearing and determining proceedings
under Part 4, the member presiding at the meeting may exercise a casting vote if
the votes are equal.
(6) A conference by telephone or other electronic means between the
members of the Board will, for the purposes of this section, be taken to be a
meeting of the Board at which the participating members are present
if—
(a) notice of the conference is given to all members in the manner
determined by the Board for the purpose; and
(b) each participating member is capable of communicating with every other
participating member during the conference.
(7) A proposed resolution of the Board becomes a valid decision of the
Board despite the fact that it is not voted on at a meeting of the Board
if—
(a) notice of the proposed resolution is given to all members of the Board
in accordance with procedures determined by the Board; and
(b) a majority of the members express concurrence in the proposed
resolution by letter, telegram, telex, fax, email or other written communication
setting out the terms of the resolution.
(8) However, subsections (6) and (7) do not apply in relation to the
hearing and determination of proceedings under Part 4 by the Board as
constituted for the purposes of proceedings under that Part.
(9) The Board must have accurate minutes kept of its meetings.
(10) Subject to this Act, the Board may determine its own
procedures.
18—Conflict of
interest etc under Public Sector Management Act
A member of the Board will not be taken to have a direct or indirect
interest in a matter for the purposes of the Public Sector Management
Act 1995 by reason only of the fact that the member has an interest in
the matter that is shared in common with persons registered or enrolled under
this Act generally, or a substantial section of persons registered or enrolled
under this Act.
19—Powers of Board
in relation to witnesses etc
(1) For the purposes of proceedings before the Board (including an
application for registration or reinstatement of registration), the Board
may—
(a) by summons signed on behalf of the Board by a member of the Board or
the Registrar, require the attendance before the Board of a person whom the
Board thinks fit to call before it; or
(b) by summons signed on behalf of the Board by a member of the Board or
the Registrar, require the production of relevant documents, records or
equipment and, in the case of a document or record that is not in the English
language—
(i) a written translation of the document or record into English;
and
(ii) a certificate signed by a translator approved by the Board certifying
that the translation accurately reproduces in English the contents of the
document or record; or
(c) inspect documents, records or equipment produced before it, and retain
them for such reasonable period as it thinks fit, and make copies of the
documents or records or their contents; or
(d) require a person to make an oath or affirmation (which may be
administered by a member of the Board) to answer truthfully questions put by a
member of the Board or a person appearing before the Board; or
(e) require a person appearing before the Board (whether summoned to
appear or not) to answer questions put by a member of the Board or by a person
appearing before the Board.
(2) On the receipt of an application for the issue of a summons under this
section, a member of the Board or the Registrar may, without referring the
matter to the Board, issue a summons on behalf of the Board.
(3) A person who—
(a) fails without reasonable excuse to comply with a summons issued to
attend, or to produce documents, records or equipment, before the Board;
or
(b) having been served with a summons to produce—
(i) a written translation of the document or record into English;
and
(ii) a certificate signed by a translator approved by the Board certifying
that the translation accurately reproduces in English the contents of the
document or record,
fails, without reasonable excuse, to comply with the summons; or
(c) misbehaves before the Board, wilfully insults the Board or 1 or more
of the members in the exercise of the member's official duties, or wilfully
interrupts the proceedings of the Board; or
(d) refuses to be sworn or to affirm, or refuses or fails to answer
truthfully a relevant question when required to do so by the Board,
is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 6 months.
(4) A person who appears as a witness before the Board has the same
protection as a witness in proceedings before the Supreme Court.
20—Principles
governing proceedings
(1) In proceedings before the Board under this Act, the
Board—
(a) is not bound by the rules of evidence and may inform itself on any
matter as it thinks fit; and
(b) must act according to equity, good conscience and the substantial
merits of the case without regard to technicalities and legal forms.
(2) In proceedings before the Board under this Act, the Board must keep
the parties to the proceedings properly informed as to the progress and outcome
of the proceedings.
21—Representation
at proceedings before Board
A party to proceedings before the Board (including an applicant for
registration or enrolment or reinstatement of registration or enrolment) is
entitled to be represented at the hearing of those proceedings.
(1) The Board may award such costs against a party to proceedings before
it as the Board considers just and reasonable.
(2) A party who is dissatisfied with the amount of the costs awarded by
the Board may request a Master of the District Court to tax the costs and, after
taxing the costs, the Master may confirm or vary the amount of the costs awarded
by the Board.
(3) Costs awarded by the Board under this section may be recovered as a
debt.
Division
6—Accounts, audit and annual report
(1) The Board must keep proper accounting records in relation to its
financial affairs, and must have annual statements of account prepared in
respect of each financial year.
(2) The accounts must be audited at least once in every year by an auditor
approved by the Auditor-General and appointed by the Board.
(3) The Auditor-General may at any time audit the accounts of the
Board.
(1) The Board must, on or before 30 September in each year, deliver
to the Minister a report on the administration of this Act and the work of the
Board during the financial year ending on the preceding 30 June.
(2) The report must—
(a) include the following information in relation to the relevant
financial year:
(i) the number and nature of complaints received by the Board against
persons registered or enrolled under this Act, services providers or persons who
occupy positions of authority in corporate or trustee services
providers;
(ii) the number and nature of voluntary undertakings given to the Board by
persons registered or enrolled under this Act, services providers or persons who
occupy positions of authority in corporate or trustee services
providers;
(iii) the outcomes of proceedings before the Board under Part 4;
(iv) any other information prescribed by the regulations; and
(b) incorporate the audited accounts of the Board for the relevant
financial year.
(3) The Minister must, within 12 sitting days after receiving a report
under this section, have copies of the report laid before both Houses of
Parliament.
Part
3—Registration, enrolment and practice
Division
1—Registers and nurses roll
(1) The Registrar must keep the following:
(a) a nurses register;
(b) a nurses roll;
(c) a midwives register;
(d) a students register comprised of parts for—
(i) registered nursing students; and
(ii) enrolled nursing students; and
(iii) midwifery students;
(e) a register of persons who have been removed from any of the registers,
or the nurses roll, under this Act or any other Act or law or former Act or law,
and who have not been reinstated to that register or nurses roll.
(2) The registers and the nurses roll must include, in relation to each
person on the register or nurses roll—
(a) the person's full name and nominated contact address; and
(b) the qualifications for registration or enrolment held by the person;
and
(c) details of any endorsement on the person's registration under this
Act; and
(d) in the case of an enrolled nurse—details of any authorisation
under section 27(3); and
(e) details of any qualification held by the person and determined by the
Board to be appropriate for inclusion on the register or nurses roll;
and
(f) details of any condition of registration or enrolment that affects or
restricts the person's right to provide nursing or midwifery care; and
(g) any other information prescribed by the regulations,
and may include other information as the Board thinks fit.
(3) A person who is registered or enrolled under this Act must, within 1
month after changing his or her name or nominated contact address, inform the
Registrar in writing of the change.
Maximum penalty: $250.
(4) The register referred to in subsection (1)(e)—
(a) must not include any person who is dead; and
(b) must include, in relation to each person on the register, a statement
of—
(i) the register or nurses roll from which the person was removed;
and
(ii) the reason for removal of the person; and
(iii) the date of removal; and
(iv) if the removal was consequent on suspension—the duration of the
suspension; and
(v) if the person has been disqualified from being registered on a
register or enrolled on the nurses roll—the duration of the
disqualification; and
(c) must have deleted from it all information relating to any person who
is reinstated on the register or nurses roll from which the person was
removed.
(5) The Registrar is responsible to the Board for the form and maintenance
of the registers and the nurses roll.
(6) The Registrar must correct an entry in a register or the nurses roll
that is not, or has ceased to be, correct.
(7) The registers and the nurses roll must be kept available for
inspection by any person during ordinary office hours at the office of the
Registrar and the registers and nurses roll, or extracts of the registers and
nurses roll, may be made available to the public by electronic means.
(8) A person may, on payment of the prescribed fee, obtain a copy of any
part of a register or the nurses roll.
(9) Despite subsections (7) and (8), a nominated contact address is
not to be disclosed except to a person who satisfies the Registrar that he or
she has an adequate reason for wanting the nominated contact address.
(10) A certificate stating that a person was, or was not, registered on a
particular register, or enrolled on the nurses roll, under this Act at a
particular date, or during a particular period, and purporting to be signed by
the Registrar will, in the absence of proof to the contrary, be accepted in
legal proceedings as proof of the registration or enrolment, or of the fact that
the person was not so registered or enrolled, on the date, or during the period,
stated in the certificate.
Division
2—Registration, endorsement of registration and
enrolment
Subdivision
1—Registration and enrolment
26—Registration
on nurses register
(1) Subject to this Act, a natural person is eligible for registration on
the nurses register if the person, on application to the Board, satisfies the
Board that he or she—
(a) has qualifications approved or recognised by the Board for the
purposes of registration on the register; and
(b) has met the requirements determined by the Board to be necessary for
the purposes of registration on the register; and
(c) is medically fit to provide nursing care; and
(d) is a fit and proper person to be registered on the register.
(2) If a person who applies for registration, or reinstatement of
registration, on the nurses register—
(a) does not, in the opinion of the Board, have the necessary
qualifications or experience required for registration on the register;
or
(b) is not, in the opinion of the Board, medically fit to provide nursing
care; or
(c) is not, in the opinion of the Board, a fit and proper person to be
registered on the register,
the Board may register the person on the register under this subsection
(limited registration)—
(d) in order to enable the person—
(i) to do whatever is necessary to become eligible for full registration
on the register under this Act; or
(ii) to teach nursing or to undertake research or study related to nursing
in this State; or
(e) if, in its opinion, it would otherwise be in the public interest to do
so.
(3) In registering a person under subsection (2), the Board may
impose 1 or more of the following conditions on the person's
registration:
(a) a condition restricting the places or times at which the person may
provide nursing care;
(b) a condition limiting the nursing care that the person may
provide;
(c) a condition limiting the period during which the registration will
have effect;
(d) a condition requiring the person to undertake a specified course of
education or training, or to obtain specified experience;
(e) a condition requiring that the person be supervised in the provision
of nursing care by a particular person or by a person of a particular
class;
(f) such other conditions as the Board thinks fit.
(1) Subject to this Act, a natural person is eligible for enrolment as a
nurse on the nurses roll if the person—
(a) has qualifications approved or recognised by the Board for the
purposes of enrolment under this Act; and
(b) has met the requirements determined by the Board to be necessary for
the purposes of enrolment under this Act; and
(c) is medically fit to provide nursing care; and
(d) is a fit and proper person to be an enrolled nurse.
(2) It is a condition of enrolment on the nurses roll that an enrolled
nurse may only provide nursing care under the supervision of a registered nurse
or midwife, or in accordance with an authorisation of the Board.
(3) The Board may, on conditions determined by the Board, authorise an
enrolled nurse to provide nursing care without the supervision of a registered
nurse or midwife.
(4) The Board must, in determining whether to give an authorisation under
subsection (3), consider—
(a) issues associated with public access to nursing care; and
(b) the public interest in ensuring that appropriate standards of nursing
care are maintained; and
(c) the qualifications, experience and competency of the particular
person.
(5) The Board may, as it thinks fit, by written notice to an enrolled
nurse who holds an authorisation under subsection (3)—
(a) vary conditions that apply under that subsection; or
(b) revoke an authorisation under that subsection.
(6) If a person who applies to be enrolled on, or for reinstatement of
enrolment on, the nurses roll—
(a) does not, in the opinion of the Board, have the necessary
qualifications or experience required to be enrolled on the nurses roll;
or
(b) is not, in the opinion of the Board, medically fit to provide nursing
care; or
(c) is not, in the opinion of the Board, a fit and proper person to be
enrolled on the nurses roll,
the Board may enrol the person on the nurses roll under this subsection
(limited enrolment)—
(d) in order to enable the person—
(i) to do whatever is necessary to become eligible for full enrolment on
the nurses roll under this Act; or
(ii) to teach nursing or to undertake research or study related to nursing
in this State; or
(e) if, in its opinion, it would otherwise be in the public interest to do
so.
(7) In granting an authorisation to a person under subsection (3), or
enrolling a person under subsection (6), the Board may impose 1 or more of
the following conditions on the enrolment:
(a) a condition restricting the places or times at which the person may
provide nursing care;
(b) a condition limiting the nursing care that the person may
provide;
(c) a condition limiting the period during which the enrolment will have
effect;
(d) a condition requiring the person to undertake a specified course of
education or training, or to obtain specified experience;
(e) a condition requiring that the person be supervised in the provision
of nursing care by a particular person or by a person of a particular
class;
(f) such other conditions as the Board thinks fit.
28—Registration on
midwives register
(1) Subject to this Act, a natural person is eligible for registration on
the midwives register if the person, on application to the Board, satisfies the
Board that he or she—
(a) has qualifications approved or recognised by the Board for the
purposes of registration on the register; and
(b) has met the requirements determined by the Board to be necessary for
the purposes of registration on the register; and
(c) is medically fit to provide midwifery care; and
(d) is a fit and proper person to be registered on the register.
(2) If a person who applies for registration, or reinstatement of
registration, on the midwives register—
(a) does not, in the opinion of the Board, have the necessary
qualifications or experience required for registration on the register;
or
(b) is not, in the opinion of the Board, medically fit to provide
midwifery care; or
(c) is not, in the opinion of the Board, a fit and proper person to be
registered on the register,
the Board may register the person on the register under this subsection
(limited registration)—
(d) in order to enable the person—
(i) to do whatever is necessary to become eligible for full registration
under this Act; or
(ii) to teach midwifery or to undertake research or study related to
midwifery in this State; or
(e) if, in its opinion, it would otherwise be in the public interest to do
so.
(3) In registering a person under subsection (2), the Board may
impose 1 or more of the following conditions on the registration:
(a) a condition restricting the places or times at which the person may
provide midwifery care;
(b) a condition limiting the midwifery care that the person may
provide;
(c) a condition limiting the period during which the registration will
have effect;
(d) a condition requiring the person to undertake a specified course of
education or training, or to obtain specified experience;
(e) a condition requiring that the person be supervised in the provision
of midwifery care by a particular person or by a person of a particular
class;
(f) such other conditions as the Board thinks fit.
29—Registration on
students register
(1) A person is not entitled to undertake a course of study that provides
qualifications for registration on the nurses register or the midwives register,
or enrolment on the nurses roll, unless the person is registered on the students
register.
(2) A person is not entitled to provide nursing or midwifery care as part
of a course of study that is being undertaken by the person in a place outside
the State and provides qualifications for registration, enrolment or some other
form of accreditation as a nurse or midwife under the law of that place unless
the person is registered on the students register.
(3) A person is eligible for registration on the students register if the
person, on application to the Board, satisfies the Board that he or
she—
(a) genuinely requires registration on the register—
(i) to enable the person to undertake a course of study that provides
qualifications for registration or enrolment under this Act; or
(ii) to enable the person to provide nursing or midwifery care as part of
a course of study that is being undertaken by the person in a place outside the
State and provides qualifications for registration, enrolment or some other form
of accreditation as a nurse or midwife under the law of that place;
and
(b) is medically fit to provide nursing or midwifery care (as the case
requires); and
(c) is a fit and proper person to be registered on the register.
(4) It is a condition of registration on the students register that the
student may only provide nursing or midwifery care—
(a) as part of the course of study for which registration on the students
register is required; and
(b) under the supervision of a nurse or midwife.
(5) If a person who applies for registration, or reinstatement of
registration, on the students register is not, in the opinion of the Board,
medically fit to provide nursing or midwifery care (as the case requires), the
Board may register the person on the register in pursuance of this subsection
(limited student registration) and impose 1 or more of the
following conditions on the registration:
(a) a condition limiting the nursing or midwifery care that the person may
provide;
(b) a condition limiting the period during which the registration will
have effect;
(c) a condition requiring that the person be supervised in the provision
of nursing or midwifery care by a particular person or by a person of a
particular class;
(d) such other conditions as the Board thinks fit.
30—Concurrent
registration and enrolment
(1) A person may be concurrently registered on more than 1 register
under this Act.
(2) A person must not be concurrently registered on the nurses register
and enrolled on the nurses roll.
31—Application
for registration or enrolment and provisional registration or
enrolment
(1) An application for registration or enrolment must—
(a) be made to the Board in the manner and form approved by the Board;
and
(b) be accompanied by the registration or enrolment fee fixed under this
Act.
(2) An applicant for registration or enrolment must, if the Board so
requires, provide the Board with specified information to enable the Board to
determine the application.
(3) The Board may require an applicant for registration or
enrolment—
(a) to submit a medical report or other evidence acceptable to the Board
as to the applicant's medical fitness to provide nursing or midwifery care;
or
(b) to obtain additional qualifications or experience specified by the
Board before the Board determines the application.
(4) If it appears likely to the Registrar that the Board will grant an
application for registration or enrolment, the Registrar may provisionally
register or enrol the applicant (provisional registration or
provisional enrolment).
(5) Provisional registration or provisional enrolment remains in force
until the Board determines the application.
(6) The registration or enrolment by the Board under this Act of a person
who was provisionally registered or provisionally enrolled has effect from the
commencement of the provisional registration or provisional enrolment.
32—Removal from
register or nurses roll
(1) The Registrar must, on application by a person registered or enrolled
under this Act, remove the person from the appropriate register or the nurses
roll.
(2) The Registrar must remove from the appropriate register or the nurses
roll a person—
(a) who dies; or
(b) who ceases to hold a qualification required for registration on the
register, or enrolment on the nurses roll; or
(c) who ceases for any other reason to be entitled to be registered on the
register or enrolled on the nurses roll; or
(d) who completes, or ceases to be enrolled in, the course of study that
formed the basis for the person's registration on the students register;
or
(e) whose registration or enrolment has been suspended or cancelled under
this Act.
(3) The Registrar may act under subsection (2) without giving prior
notice to the person.
33—Reinstatement
on register or nurses roll
(1) A person who has been removed from a register or the nurses roll under
this Act—
(a) on his or her application; or
(b) on account of a failure to pay the annual practice fee or provide the
return required under section 34; or
(c) on account of failure to pay a fine imposed on the person by the Board
under this Act; or
(d) on account of the person—
(i) ceasing to hold a qualification required for registration on the
register or enrolment on the nurses roll or otherwise ceasing to be entitled to
be so registered or enrolled; or
(ii) ceasing to be enrolled in the course of study that formed the basis
for the person's registration on the students register,
may apply to the Board at any time for reinstatement on the appropriate
register or the nurses roll.
(2) A person whose registration or enrolment under this Act has been
suspended may apply to the Board for reinstatement on the appropriate register
or the nurses roll (but not, in the case of an order for suspension for a
specified period made in disciplinary proceedings, until after the expiration of
that period).
(3) A person who has been disqualified from being registered or enrolled
under this Act may, subject to the terms of the order for disqualification,
apply to the Board for reinstatement on the appropriate register or the nurses
roll.
(4) An application for reinstatement must—
(a) be made to the Board in the manner and form approved by the Board;
and
(b) be accompanied by the reinstatement fee fixed under this
Act.
(5) An applicant for reinstatement must, if the Board so requires, provide
the Board with specified information to enable the Board to determine the
application.
(6) The Board may require an applicant for reinstatement—
(a) to submit a medical report or other evidence acceptable to the Board
as to the applicant's medical fitness to provide nursing or midwifery care;
or
(b) to obtain additional qualifications or experience specified by the
Board before the Board determines the application.
(7) Subject to this section, the Board must reinstate on the appropriate
register or the nurses roll an applicant under this section if satisfied that
the applicant is eligible for registration on that register or enrolment on the
nurses roll.
(8) The Board may refuse to reinstate the applicant on the appropriate
register or the nurses roll until all complaints (if any) laid against the
applicant under this Act, or a law of another State or a Territory of the
Commonwealth providing for the registration, enrolment or some other form of
accreditation of persons who provide nursing or midwifery care, have been
finally disposed of.
(1) Subject to this Act, a person will not be registered or enrolled under
this Act, nor will a registration or enrolment be reinstated, until the
registration, enrolment or reinstatement fee, and the annual practice fee, fixed
under this Act have been paid.
(2) A person registered or enrolled under this Act must, in each calendar
year before the date fixed for that purpose by the Board—
(a) pay to the Board the annual practice fee fixed under this Act;
and
(b) provide the Board with a return, in a form approved by the Board,
containing all information specified in the return relating to the provision of
nursing or midwifery care, or the undertaking of any course of nursing or
midwifery education or training, by the person during the preceding year or to
any other matter relevant to the person's registration or enrolment under this
Act.
(3) The Board may, without further notice, remove from the appropriate
register or the nurses roll a person who fails to pay the annual practice fee or
provide the required return by the due date.
35—Imposition of
conditions if nurse or midwife has not practised for 5
years
(1) If the Board is satisfied that a nurse or midwife has not practised
nursing or midwifery for a period of 5 years or more, the Board may, by written
notice to the nurse or midwife, impose 1 or more of the following conditions on
the person's registration or enrolment under this Act:
(a) a condition restricting the places or times at which the person may
provide nursing or midwifery care;
(b) a condition limiting the nursing or midwifery care that the person may
provide;
(c) a condition requiring the person to undertake a specified course of
education or training, or to obtain specified experience;
(d) a condition requiring that the person be supervised in the provision
of nursing or midwifery care by a particular person or by a person of a
particular class;
(e) such other conditions as the Board thinks fit.
(2) Before the Board acts under subsection (1), the Board
must—
(a) give written notice to the person specifying the reasons for the
proposal to impose conditions and the terms of the proposed conditions;
and
(b) allow the person at least 28 days within which to make
submissions to the Board.
Subdivision
2—Endorsements of registration
(1) A registered nurse is eligible to have his or her registration
endorsed with recognition as a nurse practitioner in a particular area of
practice.
(2) A registered nurse or midwife is eligible to have his or her
registration endorsed with—
(a) recognition in a particular area of nursing or midwifery prescribed by
the regulations; or
(b) an authorisation to prescribe prescription drugs,
if the nurse or midwife, on application to the Board, satisfies the Board
that he or she has qualifications approved or recognised by the Board for the
purposes of the endorsement and has met any requirements determined by the Board
to be necessary for the purposes of the endorsement.
(3) If the registration of a nurse or midwife is endorsed with an
authorisation to prescribe prescription drugs, the nurse or midwife may
prescribe prescription drugs while acting in the ordinary course of his or her
profession.
37—Application
for endorsement
(1) An application for endorsement of registration must—
(a) be made to the Board in the manner and form approved by the Board;
and
(b) be accompanied by the fee fixed under this Act.
(2) An applicant for endorsement must, if the Board so requires, provide
the Board with specified information to enable the Board to determine the
application.
(1) The Registrar must, on application by a nurse or midwife whose
registration is endorsed under this Act, remove the endorsement.
(2) The Registrar must remove an endorsement from the registration of a
nurse or midwife whose registration is endorsed under this Act
if—
(a) the person ceases to hold a qualification required for the
endorsement; or
(b) the person ceases for any other reason to be entitled to the
endorsement; or
(c) the person's endorsement is cancelled under this Act.
(3) The Registrar may act under subsection (2) without giving prior
notice to the person.
Division 3—Special
provisions relating to services providers
39—Information to
be given to Board by services providers
(1) A services provider must—
(a) in the case of a person who was a services provider immediately before
the commencement of this section—within 60 days of that commencement;
and
(b) in any other case—within 60 days of becoming a services
provider,
give written notice to the Board of—
(c) the provider's full name and business or (in the case of a
corporation) registered address; and
(d) in the case of a corporate or trustee services provider—the full
names and addresses of all persons who occupy a position of authority in the
provider.
(2) A services provider must, within 30 days of any change occurring
in the particulars required to be given under subsection (1), inform the
Board in writing of the change.
(3) A services provider who contravenes or fails to comply with this
section is guilty of an offence.
Maximum penalty: $10 000.
(4) The Board must keep a record of information provided to the Board
under this section available for inspection, on payment of the prescribed fee,
by any person during ordinary office hours at the office of the Board and may
make the record available to the public by electronic means.
40—Records to be
kept by services providers
(1) A services provider must keep—
(a) a written record of—
(i) the full names and nominated contact addresses of nurses and midwives
through the instrumentality of whom the provider has provided nursing or
midwifery care; and
(ii) the period during which, or the dates on which, the provider has
provided nursing or midwifery care through each such nurse or midwife;
and
(iii) the place or places at which the provider has provided nursing or
midwifery care through each such nurse or midwife; and
(b) a copy of the current certificate of registration or enrolment of each
such nurse or midwife for the period or periods during which, or on the dates on
which, the provider provided nursing or midwifery care through the nurse or
midwife.
(2) The material kept under subsection (1) must be retained for at
least 7 years.
(3) A services provider must make the material required to be kept under
this section available for inspection by any person during ordinary office hours
at the provider's business or (in the case of a corporation) registered address
and may make the material available to the public by electronic means.
(4) Despite subsection (3), a nominated contact address is not to be
disclosed except to an inspector.
(5) A fee not exceeding an amount prescribed by regulation may be charged
for the inspection of the material by a person other than an
inspector.
(6) A services provider who contravenes or fails to comply with this
section is guilty of an offence.
Maximum penalty: $10 000.
41—Services
providers to be indemnified against loss
(1) A services provider must not, unless exempted by the Board, provide
nursing or midwifery care through the instrumentality of a nurse or midwife
unless insured or indemnified in a manner and to an extent approved by the Board
against civil liabilities that might be incurred by the nurse or midwife or
services provider in connection with the provision of such care.
Maximum penalty: $10 000.
(2) The Board may, subject to such conditions as it thinks fit, exempt a
services provider, or a class of services provider, from the requirements of
this section and may, whenever it thinks fit, revoke an exemption or revoke or
vary the conditions under which an exemption operates.
42—Illegal holding
out as being registered
(1) A person must not hold himself or herself out as a registered nurse,
midwife or student or permit another person to do so, unless the person is
registered on the appropriate register.
Maximum penalty: $50 000 or imprisonment for 6 months.
(2) A person must not hold out another as a registered nurse, midwife or
student unless the other person is registered on the appropriate
register.
Maximum penalty: $50 000 or imprisonment for 6 months.
43—Illegal holding
out as being enrolled
(1) A person must not hold himself or herself out as an enrolled nurse, or
permit another person to do so, unless enrolled on the nurses roll.
Maximum penalty: $50 000 or imprisonment for 6 months.
(2) A person must not hold out another as an enrolled nurse unless the
other person is enrolled on the nurses roll.
Maximum penalty: $50 000 or imprisonment for 6 months.
44—Illegal holding
out concerning limited registration or enrolment, conditions or
authorisation
(1) A person whose registration or enrolment is limited, or is subject to
a condition, must not hold himself or herself out as having a registration or
enrolment that is not limited or not subject to a condition, or permit another
person to do so.
Maximum penalty: $50 000 or imprisonment for 6 months.
(2) A person must not hold out another whose registration or enrolment is
limited, or subject to a condition, as having a registration or enrolment that
is not limited or subject to a condition.
Maximum penalty: $50 000 or imprisonment for 6 months.
(3) A person must not hold himself or herself out as being authorised
under section 27(3) to provide nursing care without the supervision of a
registered nurse or midwife unless he or she is so authorised.
Maximum penalty: $50 000 or imprisonment for 6 months.
(4) A person must not hold out another as being authorised under
section 27(3) to provide nursing care without the supervision of a
registered nurse or midwife unless the other person is so authorised.
Maximum penalty: $50 000 or imprisonment for 6 months.
45—Illegal holding
out as having endorsed registration
(1) A person must not hold himself or herself out as having registration
under this Act that is subject to an endorsement, or permit another person to do
so, unless the registration of the person is subject to the
endorsement.
Maximum penalty: $50 000 or imprisonment for 6 months.
(2) A person must not hold out another as having registration under this
Act that is subject to an endorsement, unless the registration of the other
person is subject to the endorsement.
Maximum penalty: $50 000 or imprisonment for 6 months.
46—Use of certain
terms or descriptions prohibited
(1) Subject to the regulations, a person—
(a) who is not registered on the appropriate register or enrolled on the
nurses roll; or
(b) whose registration is not subject to the appropriate
endorsement,
must not use a prescribed term, or derivatives of the words comprising the
term, to describe himself or herself or a service that he or she
provides.
Maximum penalty: $50 000.
(2) Subject to the regulations, a person must not, in the course of
advertising or promoting a service that he or she provides, use a prescribed
term, or derivatives of the words comprising the term, to describe a person who
is engaged in the provision of the service but—
(a) who is not registered on the appropriate register or enrolled on the
nurses roll; or
(b) whose registration is not subject to the appropriate
endorsement.
Maximum penalty: $50 000.
(3) In this section—
prescribed term means—
(a) in relation to registration on the nurses register—registered
nurse, general nurse or nurse; or
(b) in relation to enrolment on the nurses roll—enrolled nurse or
nurse; or
(c) in relation to registration on the midwives register—registered
midwife or midwife; or
(d) in relation to registration on the students register—registered
student; or
(e) in relation to registration on the part of the students register for
registered nursing students or enrolled nursing students—registered
nursing student or student nurse; or
(f) in relation to registration on the part of the students register for
enrolled nursing students—enrolled nursing student; or
(g) in relation to registration on the part of the students register for
midwifery students—registered midwifery student or student midwife;
or
(h) in relation to endorsement as a nurse practitioner in a particular
area of practice—nurse practitioner; or
(i) any other word or expression prescribed by the regulations.
47—Improper
directions to registered or enrolled persons
(1) If a person who provides nursing or midwifery care through the
instrumentality of another person registered or enrolled under this Act directs
or pressures the other person to engage in unprofessional conduct, the person is
guilty of an offence.
Maximum penalty: $75 000.
(2) If a person who occupies a position of authority in a corporate or
trustee services provider directs or pressures a person registered or enrolled
under this Act through whom the provider provides nursing or midwifery care to
engage in unprofessional conduct, the person and the provider are each guilty of
an offence.
Maximum penalty: $75 000.
48—Offence to
contravene conditions of registration or enrolment
(1) A person who contravenes, or fails to comply with, a condition imposed
under this Act on the person's registration or enrolment is guilty of an
offence.
Maximum penalty: $75 000 or imprisonment for 6 months.
(2) It is a defence to a charge against subsection (1) for the person
to prove that the contravention or failure to comply was necessary or
appropriate for the provision of nursing or midwifery care in an
emergency.
49—Procurement of
registration or enrolment by fraud
A person who, by fraud or any other dishonest means, procures (whether for
himself or herself or for another person)—
(a) registration or enrolment, or reinstatement of registration or
enrolment, under this Act; or
(b) endorsement of a registration under this Act,
is guilty of an offence.
Maximum penalty: $75 000 or imprisonment for 6 months.
50—Nurse or
midwife to produce certificate of registration or enrolment
(1) A nurse or midwife must, on request by a prescribed person for a
purpose related to the provision of nursing or midwifery care by the nurse or
midwife, produce his or her certificate of registration or enrolment.
Maximum penalty: $5 000.
(2) In this section—
prescribed person means—
(a) an inspector; or
(b) a person to whom the nurse or midwife has provided, or is providing,
nursing or midwifery care; or
(c) a services provider who has provided, or who is proposing to provide,
nursing or midwifery care through the nurse or midwife; or
(d) any other person brought within the ambit of this definition by the
regulations.
51—Report to Board
of cessation of status as student
(1) The person in charge of an educational institution must, if a student
completes, or ceases to be enrolled in, a course of study at that institution
providing qualifications for registration or enrolment under this Act, cause
written notice of that fact to be given to the Board.
Maximum penalty: $5 000.
(2) A person registered on the students register who completes, or ceases
to be enrolled in, the course of study that formed the basis for that
registration must cause written notice of that fact to be given to the
Board.
Maximum penalty: $1 250.
Part
4—Investigations and proceedings
In this Part—
(a) a reference to occupier of a position of authority
includes a reference to a person who is not but who was, at the relevant time,
the occupier of a position of authority;
(b) a reference to services provider includes a reference to
a person who is not but who was, at the relevant time, a services
provider;
(c) a reference to person registered or enrolled under this
Act includes a reference to a person who is not but who was, at the
relevant time, registered or enrolled under this Act or the repealed
Act.
53—Cause for
disciplinary action
(1) There is proper cause for disciplinary action against a person
registered or enrolled under this Act if—
(a) the person's registration or enrolment was improperly obtained;
or
(b) an endorsement of the person's registration was improperly obtained;
or
(c) the person is guilty of unprofessional conduct; or
(d) the person is for any reason no longer a fit and proper person to be
registered on the appropriate register or enrolled on the nurses roll.
(2) There is proper cause for disciplinary action against a services
provider if—
(a) the provider has contravened or failed to comply with a provision of
this Act; or
(b) there has been, in connection with the provision of nursing or
midwifery care by the provider, a contravention or failure to comply with a code
of conduct under this Act applying to the provider; or
(c) the provider, or any person employed or engaged by the provider, has,
in connection with the provision of nursing or midwifery care by the provider,
engaged in conduct that would, if the person were registered or enrolled under
this Act, constitute unprofessional conduct; or
(d) the provider is for any reason not a fit and proper person to be a
services provider; or
(e) in the case of a corporate or trustee services provider, an occupier
of a position of authority in the provider—
(i) has contravened or failed to comply with a provision of this Act;
or
(ii) has, in connection with the provision of nursing or midwifery care by
the provider, engaged in conduct that would, if the person were registered or
enrolled under this Act, constitute unprofessional conduct; or
(iii) is for any reason not a fit and proper person to occupy a position
of authority in a corporate or trustee services provider.
(3) There is proper cause for disciplinary action against the occupier of
a position of authority in a corporate or trustee services provider
if—
(a) the person has contravened or failed to comply with a provision of
this Act; or
(b) the person has, in connection with the provision of nursing or
midwifery care by the provider, engaged in conduct that would, if the person
were registered or enrolled under this Act, constitute unprofessional conduct;
or
(c) the person is for any reason not a fit and proper person to occupy a
position of authority in a corporate or trustee services provider; or
(d) —
(i) the provider has contravened or failed to comply with a provision of
this Act; or
(ii) there has been, in connection with the provision of nursing or
midwifery care by the provider, a contravention or failure to comply with a code
of conduct under this Act applying to the provider; or
(iii) the provider, or any person employed or engaged by the provider,
has, in connection with the provision of nursing or midwifery care by the
provider, engaged in conduct that would, if the provider or the person were
registered or enrolled under this Act, constitute unprofessional
conduct,
unless it is proved that the person could not, by the exercise of
reasonable care, have prevented the contravention, failure to comply or
conduct.
54—Authorisation
of inspectors
(1) The Board may authorise persons to be inspectors for the purposes of
this Act.
(2) An authorisation may be made subject to conditions or limitations
specified in the instrument of authorisation.
(3) The Board may, by notice in writing to an inspector, vary or revoke an
authorisation, or a condition or limitation of an authorisation, on any grounds
it thinks fit.
(1) The Board must, within 6 months after the commencement of this
section, prepare and submit to the Minister for approval guidelines to be
followed by inspectors when investigating a matter under this Act.
(2) The Board may, at any time, with the approval of the Minister, amend
the guidelines, or substitute new guidelines.
(3) Before approving the guidelines, or an amendment to or substitution of
the guidelines, the Minister must consult with the bodies prescribed by the
regulations for the purposes of this subsection.
(4) A person is entitled to inspect (without charge) the guidelines during
ordinary office hours at the principal office of the Board.
(5) A person is entitled, on payment of the prescribed fee, to a copy of
the guidelines.
(1) The Minister must, as soon as practicable after the second anniversary
of the commencement of this section, conduct a review in relation to the
operation and effectiveness of the guidelines prepared and approved under
section 55 (or, if the guidelines have been amended or substituted in
accordance with that section, the guidelines as so amended or
substituted).
(2) The Minister must prepare a report based on the review and must,
within 12 sitting days after the report is prepared, cause copies of the
report to be laid before each House of Parliament.
(1) If there are reasonable grounds for suspecting—
(a) that there is proper cause for disciplinary action against a person;
or
(b) that a person registered or enrolled under this Act is medically unfit
to provide nursing or midwifery care (as the case requires); or
(c) that a person is guilty of an offence against this Act,
an inspector may investigate the matter.
(2) For the purposes of an investigation, an inspector
may—
(a) at any reasonable time, enter and inspect premises of a person
registered or enrolled under this Act or premises on which the inspector
reasonably suspects an offence against this Act has been or is being committed;
or
(b) with the authority of a warrant issued by a magistrate or in
circumstances in which the inspector reasonably believes that immediate action
is required, use reasonable force to break into or open any part of, or anything
in or on any premises referred to in paragraph (a); or
(c) while on premises entered under paragraph (a) or (b), seize and
retain anything found on the premises that the inspector reasonably believes may
afford evidence relevant to the matters under investigation; or
(d) require any person who has possession of documents or records relevant
to the matters under investigation to produce those documents or records for
inspection, including written records that reproduce in a readily understandable
form information kept by computer, microfilm or other process; or
(e) inspect any documents or records produced to the inspector and retain
them for such reasonable period as the inspector thinks fit, and make copies of
the documents or records; or
(f) require any person who is in a position to provide information
relevant to the matters under investigation to answer any question put by the
inspector in relation to those matters; or
(g) take photographs, films or video or audio recordings; or
(h) if the inspector reasonably suspects that an offence against this Act
has been or is being committed, require the suspected offender to state his or
her full name and address.
(3) An inspector must not exercise the power conferred by
subsection (2)(a) in relation to any residential premises except with the
permission of the occupier of the premises or on the authority of a warrant
issued by a magistrate.
(4) A magistrate must not issue a warrant under this section unless
satisfied, by information given on oath, that the warrant is reasonably required
in the circumstances.
(5) The person in charge of premises at the relevant time must give an
inspector such assistance and provide such facilities as are necessary to enable
the powers conferred by this section to be exercised.
Maximum penalty: $5 000.
(6) An inspector must, in investigating a matter under this Act, comply
with the guidelines made under section 55 as in force from time to time
(however a failure to do so will not, of itself, affect the validity of a
prosecution for an offence against this Act or disciplinary proceedings under
this Act).
58—Offence to
hinder etc inspector
A person who—
(a) hinders or obstructs an inspector in the exercise of powers conferred
by this Act; or
(b) uses abusive, threatening or insulting language to an inspector;
or
(c) refuses or fails to comply with a requirement of an inspector under
this Act; or
(d) when required by an inspector to answer a question, refuses or fails
to answer the question to the best of the person's knowledge, information and
belief; or
(e) falsely represents, by words or conduct, that he or she is an
inspector,
is guilty of an offence.
Maximum penalty: $10 000.
Division
3—Proceedings before Board
59—Obligation
to report medical unfitness or unprofessional conduct of registered or enrolled
persons
(1) If—
(a) a health professional who has treated, or is treating, a patient who
is a person registered or enrolled under this Act; or
(b) a person who provides nursing or midwifery care through the
instrumentality of a person registered or enrolled under this Act; or
(c) a prescribed employee of a body corporate that has entered into an
arrangement with a person registered or enrolled under this Act under which the
person provides nursing or midwifery care; or
(d) the person in charge of an educational institution at which a student
is enrolled in a course of study providing qualifications for registration or
enrolment under this Act,
is of the opinion that the person registered or enrolled under this Act is
or may be medically unfit to provide nursing or midwifery care, the person must
submit a written report to the Board setting out his or her reasons for that
opinion and any other information required by the regulations.
Maximum penalty: $10 000.
(2) If a services provider or exempt provider is of the opinion that a
nurse, midwife or student through whom the provider provides nursing or
midwifery care has engaged in unprofessional conduct, the provider must submit a
written report to the Board setting out the provider's reasons for that opinion
and any other information required by the regulations.
Maximum penalty: $10 000.
(3) The Board must cause a report made under this section to be
investigated.
60—Medical fitness
of registered or enrolled persons
If—
(a) on the application of the Registrar or the Minister; or
(b) after an investigation relating to a report under section 59 has
been conducted,
the Board is satisfied, after due inquiry, that a person registered or
enrolled under this Act is medically unfit to provide nursing or midwifery care
and that it is desirable in the public interest that an order be made under this
section, the Board may, by order—
(c) suspend the person's registration or enrolment until further order of
the Board or for a specified period determined by the Board; or
(d) impose 1 or more of the following conditions on the person's
registration or enrolment:
(i) a condition restricting the person's right to provide nursing or
midwifery care;
(ii) a condition requiring the person to undergo counselling or
treatment;
(iii) a condition requiring the person to enter into any other
undertaking.
61—Inquiries by
Board as to matters constituting grounds for disciplinary
action
(1) A complaint setting out matters that are alleged to constitute grounds
for disciplinary action against a person may be laid before the Board (in a
manner and form approved by the Board) by—
(a) the Registrar; or
(b) the Minister; or
(c) a person who is aggrieved by the conduct of the person or, if the
person aggrieved is a child or is suffering from a mental or physical
incapacity, by a person acting on his or her behalf.
(2) If a complaint is laid under this section, the Board must, subject to
subsection (3), inquire into the subject matter of the complaint.
(3) If a complaint has been laid under this section by or on behalf of an
aggrieved person—
(a) the Board need not inquire into the subject matter of the complaint if
the Board (constituted of the member presiding over the proceedings sitting
alone) determines that the complaint is frivolous or vexatious; and
(b) the Board (constituted of the member presiding over the proceedings
sitting alone) may, if satisfied that the complaint arose from a misapprehension
on the part of the complainant or from a misunderstanding between the parties,
before proceeding further with the hearing of the complaint, require the parties
to attend before the Registrar in order to clarify the misapprehension or
misunderstanding.
(4) If, after conducting an inquiry under this section, the Board is
satisfied on the balance of probabilities that there is proper cause for
disciplinary action against the respondent, the Board may, by order, do 1 or
more of the following:
(a) censure the respondent;
(b) require the respondent to pay to the Board a fine not exceeding
$5 000;
(c) if the respondent is a person who is registered or enrolled under this
Act—
(i) impose conditions on the respondent's registration or enrolment
restricting the respondent's right to provide nursing or midwifery care;
or
(ii) cancel any endorsement of the respondent's registration; or
(iii) suspend the respondent's registration or enrolment for a period not
exceeding 1 year; or
(iv) cancel the respondent's registration or enrolment; or
(v) disqualify the respondent from being registered or enrolled under this
Act;
(d) prohibit the respondent from carrying on business as a services
provider;
(e) prohibit the respondent from occupying a position of authority in a
corporate or trustee services provider.
(5) The Board may—
(a) stipulate that a disqualification or prohibition under
subsection (4) is to apply—
(i) permanently; or
(ii) for a specified period; or
(iii) until the fulfilment of specified conditions; or
(iv) until further order;
(b) stipulate that an order relating to a person is to have effect at a
specified future time and impose conditions as to the conduct of the person or
the person's business until that time.
(6) If—
(a) a person has been found guilty of an offence; and
(b) the circumstances of the offence form, in whole or in part, the
subject matter of the complaint,
the person is not liable to a fine under this section in respect of conduct
giving rise to the offence.
(7) The Board may—
(a) fix a period within which a fine imposed under this section must be
paid;
(b) on application by a person liable to pay a fine imposed under this
section, extend the period within which the fine must be paid.
(8) A fine imposed under this section is recoverable by the Board as a
debt.
(9) The Board may, without further notice, remove from the appropriate
register or the nurses roll a person who fails to pay a fine imposed under this
section.
62—Contravention
of prohibition order
(1) If a person carries on business as a services provider in
contravention of an order of the Board, the person is guilty of an
offence.
Maximum penalty: $75 000 or imprisonment for 6 months.
(2) If a person occupies a position of authority in a corporate or trustee
services provider in contravention of an order of the Board, the person and the
provider are each guilty of an offence.
Maximum penalty: $75 000 or imprisonment for 6 months.
(3) If a person contravenes or fails to comply with a condition imposed by
the Board as to the conduct of the person or the person's business, the person
is guilty of an offence.
Maximum penalty: $75 000 or imprisonment for 6 months.
63—Register of
prohibition orders
(1) The Registrar must keep a register of persons who have been prohibited
by order of the Board under this Part from carrying on business as a services
provider or occupying a position of authority in a corporate or trustee services
provider.
(2) The register—
(a) must not include any person who is dead;
(b) must include, in relation to each person on the
register—
(i) the person's full name and business address; and
(ii) particulars of the order.
(3) The Registrar is responsible to the Board for the form and maintenance
of the register.
(4) The Registrar must correct an entry in the register that is not, or
has ceased to be, correct.
(5) The register must be kept available for inspection by any person
during ordinary office hours at the office of the Registrar and the register may
be made available to the public by electronic means.
(6) A person may, on payment of the prescribed fee, obtain a copy of any
part of the register.
64—Variation
or revocation of conditions imposed by Board
(1) The Board may, at any time, on application by a person who is
registered or enrolled under this Act, vary or revoke a condition imposed by the
Board in relation to the person's registration or enrolment under this
Act.
(2) The Registrar and the Minister are entitled to appear and be heard on
an application under this section.
65—Constitution of
Board for purpose of proceedings
(1) The Governor may appoint a person as a special member of the Board
under this Part (and a person so appointed may (but need not) act as a member of
the Board for the purpose of any proceedings under this Part).
(2) The Board will, for the purpose of hearing and determining proceedings
under this Part, be constituted of 3 members selected by the presiding member
(or, in the absence of the presiding member, the deputy presiding member), of
whom—
(a) in proceedings directly related to the practice of midwifery—at
least 1 will be a midwife; and
(b) in proceedings of any other kind—at least 1 will be a
nurse.
(3) The presiding member of the Board (or, in the absence of the presiding
member, the deputy presiding member) will appoint 1 of the members of the Board,
as so constituted for the purposes of any particular proceedings, to preside
over those proceedings.
(4) If a member of the Board as constituted under this section (other than
the member presiding over the proceedings) dies or is for any other reason
unable to continue with the proceedings, the Board constituted of the remaining
members may, if the member presiding over the proceedings so determines,
continue and complete the proceedings.
(5) Any questions of law or procedure arising before the Board will be
determined by the member presiding over the proceedings and any other questions
by unanimous or majority decision of the members.
(6) The Board constituted of the member presiding over the proceedings
may, sitting alone—
(a) deal with—
(i) preliminary, interlocutory or procedural matters; or
(ii) questions of costs; or
(iii) questions of law; or
(b) enter consent orders,
and may, for that purpose or as a consequence, while sitting alone, make
any determination or order (including a final order) that the member considers
appropriate.
66—Provisions as
to proceedings before Board
(1) Subject to this Act, the Board must give to all of the parties to
proceedings before the Board under this Part at least 14 days written notice of
the time and place at which it intends to conduct the proceedings, and must
afford to the parties a reasonable opportunity to call and give evidence, to
examine or cross-examine witnesses, and to make submissions to the
Board.
(2) However, the Board may, if it thinks special reasons exist for doing
so, give a lesser period of written notice under subsection (1).
(3) The requirement to give written notice under subsection (1) does
not extend to adjournments.
(4) If a party to whom notice has been given under subsection (1)
does not attend at the time and place fixed by the notice, the Board may proceed
to hear and determine the matter in the absence of that party.
(5) The Board may, if of the opinion that it is desirable to do so in the
public interest—
(a) suspend the registration or enrolment of the person the subject of the
proceedings; or
(b) impose conditions on the person's registration or enrolment
restricting the person's right to provide nursing or midwifery care,
pending hearing and determination of the proceedings.
(6) A person who is aggrieved by the conduct of a person that is the
subject-matter of proceedings before the Board under this Part is, subject to
any direction of the Board to the contrary, entitled to be present at the
hearing of the proceedings.
(7) In the course of proceedings before the Board under this Part, the
Board may—
(a) receive in evidence a transcript of evidence taken in proceedings
before a court, tribunal or other body constituted under the law of South
Australia or of any other State or a Territory of Australia or of another
country, and draw any conclusions of fact from the evidence that it considers
proper;
(b) adopt, as in its discretion it considers proper, any findings,
decision, judgment, or reasons for judgment, of any such court, tribunal or body
that may be relevant to the proceedings.
(8) The Board must conduct proceedings under this Part as expeditiously as
possible (and must, if the Board has taken action under subsection (5),
hear and determine the proceedings as a matter of urgency).
67—Right of appeal
to District Court
(1) An appeal lies to the District Court against—
(a) a refusal by the Board to register or enrol, or reinstate the
registration or enrolment of, a person under this Act; or
(b) a refusal by the Board to endorse the registration of a person under
this Act; or
(c) the imposition by the Board of conditions on a person's registration
or enrolment under this Act; or
(d) a decision made by the Board in proceedings under Part 4.
(2) An appeal under subsection (1)(d) against a decision may be
instituted—
(a) in the case of a decision made in proceedings relating to medical
fitness—by the applicant in the proceedings or the person registered or
enrolled under this Act to whom the proceedings relate;
(b) in the case of a decision made in disciplinary proceedings—by
the complainant or the respondent in the proceedings in which the decision was
made;
(c) in the case of a decision under section 64—by the applicant
or a person entitled to be heard in the proceedings.
(3) An appeal must be instituted within 1 month of the date of the
decision appealed against.
68—Operation of
order may be suspended
(1) If an order has been made by the Board, and the Board or the District
Court is satisfied that an appeal against the order has been instituted, or is
intended, it may suspend the operation of the order until the determination of
the appeal.
(2) If the Board has suspended the operation of an order under
subsection (1), the Board may terminate the suspension, and if the District
Court has done so, the Court may terminate the suspension.
69—Variation or
revocation of conditions imposed by Court
(1) The District Court may, at any time, on application by a person who is
registered or enrolled under this Act, vary or revoke a condition imposed by the
Court in relation to the person's registration or enrolment.
(2) The Board and the Minister are entitled to appear and be heard on an
application under this section.
(1) Subject to this section, the Minister may, by notice in the
Gazette—
(a) exempt a person or class of persons, subject to such conditions as the
Minister thinks fit and specifies in the notice, from specified provisions of
this Act; or
(b) vary or revoke an exemption, or a condition of an exemption, under
this section or impose a further condition.
(2) The Minister must consult with the Board before making a notice under
subsection (1).
(3) A person who contravenes a condition of an exemption is guilty of an
offence.
Maximum penalty: $10 000.
If a person is required under this Act to provide information to the Board,
the Board may require that the information be verified by statutory declaration
and, in that event, the person will not be taken to have provided the
information as required unless it has been verified in accordance with the
requirements of the Board.
72—False or
misleading statement
A person must not make a statement that is false or misleading in a
material particular (whether by reason of the inclusion or omission of any
particular) in any information kept or provided under this Act.
Maximum penalty: $20 000.
73—Registered or
enrolled person must report medical unfitness to Board
If a person who is registered or enrolled under this Act becomes aware that
he or she is or may be medically unfit to provide nursing or midwifery care, the
person must immediately give written notice of that fact to the Board.
Maximum penalty: $10 000.
74—Information
relating to claim against registered or enrolled person or services provider to
be provided
(1) If a person has claimed damages or other compensation from any person
for alleged negligence committed by a person who is registered or enrolled under
this Act in the course of providing nursing or midwifery care, the person
against whom the claim is made must—
(a) within 30 days after the claim is made; and
(b) within 30 days after any order is made by a court to pay damages or
other compensation in respect of that claim or any agreement has been entered
into for payment of a sum of money in settlement of that claim (whether with or
without a denial of liability),
provide the Board with prescribed information relating to the
claim.
Maximum penalty: $10 000.
(2) If a person has claimed damages or other compensation from a services
provider for alleged negligence committed by the services provider in connection
with the provision of nursing or midwifery care, the services provider
must—
(a) within 30 days after the claim is made; and
(b) within 30 days after any order is made by a court to pay damages or
other compensation in respect of that claim or any agreement has been entered
into for payment of a sum of money in settlement of that claim (whether with or
without a denial of liability),
provide the Board with prescribed information relating to the
claim.
Maximum penalty: $10 000.
(1) A person commits an act of victimisation against another person (the
victim) if he or she causes detriment to the victim on the ground,
or substantially on the ground, that the victim—
(a) has disclosed or intends to disclose information; or
(b) has made or intends to make an allegation,
that has given rise, or could give rise, to proceedings against the person
under this Act.
(2) An act of victimisation under this Act may be dealt
with—
(a) as a tort; or
(b) as if it were an act of victimisation under the Equal Opportunity
Act 1984,
but, if the victim commences proceedings in a court seeking a remedy in
tort, he or she cannot subsequently lodge a complaint under the Equal
Opportunity Act 1984 and, conversely, if the victim lodges a complaint
under that Act, he or she cannot subsequently commence proceedings in a court
seeking a remedy in tort.
(3) If a complaint alleging an act of victimisation under this Act has
been lodged with the Commissioner for Equal Opportunity and the Commissioner is
of the opinion that the subject matter of the complaint has already been
adequately dealt with by a competent authority, the Commissioner may decline to
act on the complaint or to proceed further with action on the
complaint.
(4) In this section—
detriment includes—
(a) injury, damage or loss; or
(b) intimidation or harassment; or
(c) discrimination, disadvantage or adverse treatment in relation to the
victim's employment or business; or
(d) threats of reprisal.
If a person is required to provide information or to produce a document,
record or equipment under this Act and the information, document, record or
equipment would tend to incriminate the person or make the person liable to a
penalty, the person must nevertheless provide the information or produce the
document, record or equipment, but the information, document, record or
equipment so provided or produced will not be admissible in evidence against the
person in proceedings for an offence, other than an offence against this or any
other Act relating to the provision of false or misleading
information.
77—Punishment of
conduct that constitutes an offence
If conduct constitutes an offence and is also a ground for disciplinary
action under this Act, the taking of disciplinary action under this Act is not a
bar to conviction and punishment for the offence, nor is conviction and
punishment for the offence a bar to disciplinary action under this
Act.
78—Vicarious
liability for offences
If a corporate or trustee services provider or other body corporate is
guilty of an offence against this Act, each person occupying a position of
authority in the provider or body corporate is guilty of an offence and liable
to the same penalty as is prescribed for the principal offence unless it is
proved that the person could not, by the exercise of reasonable care, have
prevented the commission of the principal offence.
A fine imposed for an offence against this Act must be paid to the
Board.
80—Board may
require medical examination or report
(1) The Board may, for any purpose associated with the administration or
operation of this Act, require a person who is registered or enrolled under this
Act, or a person who is applying for registration or enrolment, or reinstatement
of registration or enrolment, to—
(a) submit to an examination by a health professional, or by a health
professional of a class, specified by the Board; or
(b) provide a medical report from a health professional, or from a health
professional of a class, specified by the Board,
(including an examination or report that will require the person to undergo
some form of medically invasive procedure).
(2) If a person refuses or fails to comply with a requirement made under
subsection (1), the Board may suspend the person's registration or
enrolment until further order of the Board.
81—Ministerial
review of decisions relating to courses
(1) If the Board—
(a) refuses to approve a course of education or training for the purposes
of this Act; or
(b) revokes an approval of a course of education or training under this
Act,
the provider of the course may apply to the Minister for a review of that
decision.
(2) The Minister may determine the application as the Minister thinks fit
and, if the Minister finds in favour of the applicant, grant or preserve the
approval (as appropriate).
(1) A person engaged or formerly engaged in the administration of this Act
or the repealed Act must not divulge or communicate personal information
obtained (whether by that person or otherwise) in the course of official duties
except—
(a) as required or authorised by or under this Act or any other Act or
law; or
(b) with the consent of the person to whom the information relates;
or
(c) in connection with the administration of this Act or the repealed Act;
or
(d) to an authority responsible under the law of a place outside this
State for the registration, enrolment or other form of accreditation of persons
who provide nursing or midwifery care, where the information is required for the
proper administration of that law; or
(e) to an agency or instrumentality of this State, the Commonwealth or
another State or a Territory of the Commonwealth for the purposes of the proper
performance of its functions.
Maximum penalty: $10 000.
(2) Subsection (1) does not prevent disclosure of statistical or
other data that could not reasonably be expected to lead to the identification
of any person to whom it relates.
(3) Information that has been disclosed under subsection (1) for a
particular purpose must not be used for any other purpose by—
(a) the person to whom the information was disclosed; or
(b) any other person who gains access to the information (whether properly
or improperly and whether directly or indirectly) as a result of that
disclosure.
Maximum penalty: $10 000.
(1) A notice or document required or authorised to be given or sent to, or
served on, a person for the purposes of this Act may—
(a) be given to the person personally; or
(b) be posted in an envelope addressed to the person at the person's last
known nominated contact, residential, business or (in the case of a corporation)
registered address; or
(c) be left for the person at the person's last known nominated contact,
residential, business or (in the case of a corporation) registered address with
someone apparently over the age of 16 years; or
(d) be transmitted by fax or email to a fax number or email address
provided by the person (in which case the notice or document will be taken to
have been given or served at the time of transmission).
(2) Without limiting the effect of subsection (1), a notice or other
document required or authorised to be given or sent to, or served on, a person
for the purposes of this Act may, if the person is a company or registered body
within the meaning of the Corporations Act 2001 of the Commonwealth, be
served on the person in accordance with that Act.
(1) In proceedings for an offence against this Act or in disciplinary
proceedings under Part 4, an allegation in the complaint—
(a) that a person named in the complaint is or is not, or was or was not
on a specified date, registered on the nurses register, the midwives register or
the students register, or enrolled on the nurses roll; or
(b) that the registration under this Act of a person named in the
complaint is or is not, or was or was not on a specified date, subject to a
specified endorsement; or
(c) that the person named in the complaint is or is not, or was or was not
on a specified date, authorised under section 27(3) to provide nursing care
without the supervision of a registered nurse or midwife; or
(d) that the registration or enrolment under this Act of a person named in
the complaint is, or was on a specified date, subject to specified conditions;
or
(e) that on a specified date details of an authorisation under
section 27(3) were or were not entered on the nurses roll under this Act in
respect of a person named in the complaint; or
(f) that on a specified date specified qualifications were or were not
entered on a register or the nurses roll under this Act in respect of a person
named in the complaint; or
(g) that a person named in the complaint is, or was on a specified date, a
services provider or exempt provider; or
(h) that a person named in the complaint is, or was on a specified date,
occupying a position of authority in a corporate or trustee services provider;
or
(i) that a person named in the complaint is, or was on a specified date,
an inspector,
must be accepted as proved in the absence of proof to the
contrary.
(2) In legal proceedings, a document apparently certified by the Registrar
to be a copy of a register or the nurses roll under this Act, or a copy of a
code of conduct, professional standard or guideline prepared or endorsed by the
Board under this Act, must be accepted as such in the absence of proof to the
contrary.
(1) The Governor may make such regulations as are contemplated by, or
necessary or expedient for the purposes of, this Act.
(2) Without limiting the generality of subsection (1), the
regulations may—
(a) prescribe, or empower the Board to fix—
(i) fees or charges for the purposes of this Act;
(ii) fees or charges for services provided by the Board in the exercise of
its functions under this Act,
and may provide for the recovery of a fee or charge so
prescribed;
(b) exempt any person or class of persons from the obligation to pay a fee
or charge so prescribed;
(c) regulate, or otherwise make provision with respect to, the education
of nurses and midwives for the purposes of this Act, including by making
provision with respect to the approval of courses that may lead to registration,
endorsement of registration or enrolment;
(d) make any provision with respect to the keeping of the registers or the
nurses roll under this Act;
(e) make any provision with respect to certificates of registration or
enrolment under this Act;
(f) declare work of a specified class to be work that may or may not be
performed in the ordinary course of the profession of a nurse or
midwife;
(g) prescribe penalties, not exceeding $5 000, for breach of, or
non-compliance with, a regulation.
(3) The regulations may—
(a) refer to or incorporate, wholly or partially and with or without
modification, a code, standard or other document prepared or published by a
prescribed body or person, either as in force at the time the regulations are
made or as in force from time to time; and
(b) be of general or limited application; and
(c) make different provision according to the persons, things or
circumstances to which they are expressed to apply; and
(d) provide that a specified provision of this Act does not apply, or
applies with prescribed variations, to any person, circumstance or situation (or
person, circumstance or situation of a prescribed class) specified by the
regulations, subject to any condition to which the regulations are expressed to
be subject; and
(e) provide that any matter or thing is to be determined, dispensed with,
regulated or prohibited according to the discretion of the Minister, the Board
or another prescribed authority.
(4) If a code, standard or other document is referred to or incorporated
in the regulations—
(a) a copy of the code, standard or other document must be kept available
for public inspection, without charge and during normal office hours, at an
office or offices specified in the regulations; and
(b) evidence of the contents of the code, standard or other document may
be given in any legal proceedings by production of a document apparently
certified by the Minister to be a true copy of the code, standard or other
document.
Schedule
1—Repeal and transitional provisions
Part 1—Repeal
1—Repeal
of Nurses Act 1999
The Nurses Act 1999 is repealed.
Part 2—Transitional provisions
2—Transitional
provisions relating to Board
(1) The Nursing and Midwifery Board of South Australia is the same body
corporate as the Nurses Board of South Australia.
(2) The following provisions apply in relation to the members of the Board
in office immediately before the commencement of clause 1 of this
Schedule:
(a) the elected members appointed under section 5(1)(b) of the repealed
Act continue to hold office for the balance of their respective terms as if they
had been elected under this Act (despite section 7(1) and
section 8(2));
(b) all other members vacate their respective offices so that fresh
appointments may be made to the Board under section 6.
(3) Despite section 7(5), the following provisions govern the
appointment of a person to fill a casual vacancy that occurs in the office of a
member referred to in subclause (2)(a):
(a) if the vacancy occurs within 12 months after the election at
which the member was elected, and at that election a candidate or candidates
were excluded, the Governor must appoint the person who was the last excluded
candidate at that election;
(b) if that person is no longer qualified for appointment or is
unavailable or unwilling to be appointed or if the vacancy occurs later than
12 months after the election at which the member was elected, the Governor
may appoint, on the nomination of the Minister, a nurse or midwife;
(c) before nominating a person for appointment, the Minister must consult
the representative bodies;
(d) the person appointed holds office for the balance of the term of that
person's predecessor.
(4) Despite subclause (2)(b), a person may continue to act as a
member of the Board for the purpose of continuing and completing proceedings
(including an application for registration, enrolment or reinstatement)
commenced under the repealed Act.
(5) If appointments are to be made to the Board pursuant to the Acts
Interpretation Act 1915 prior to the commencement of clause 1 of
this Schedule, for the purposes of section 6—
(a) a reference in that section to a nurse will, for those
purposes, be taken to be a reference to a person who is registered on the
register (other than that part of the register comprised of the midwives
register), or who is an enrolled nurse, under the repealed Act at the relevant
time; and
(b) a reference in that section to a midwife will, for those
purposes, be taken to be a reference to a person who is registered on the
midwives register under the repealed Act at the relevant time; and
(c) despite section 14C(3) of the Acts Interpretation
Act 1915, such an appointment takes effect on the commencement of
section 6 and not before.
3—Transitional
provisions relating to registration and enrolment
(1) The general nurses register forming part of the register under the
repealed Act continues in existence as the nurses register under this
Act.
(2) The midwives register forming part of the register under the repealed
Act continues in existence as the midwives register under this Act.
(3) The nurses roll under the repealed Act continues in existence as the
nurses roll under this Act.
(4) A person who is registered under the repealed Act on the register
(other than that part of the register comprised of the midwives register)
immediately before the commencement of this clause will be taken to be
registered under this Act on the nurses register and any restrictions,
limitations or conditions that applied to the registration of the person under
the repealed Act immediately before that commencement will be taken to continue
to apply as conditions of the registration of the person as if they had been
imposed by the Board under this Act.
(5) In addition to subclause (4), the registration of a person who is
registered under the repealed Act on the special practice (nurse practitioners)
register in a particular area of practice immediately before the commencement of
this clause will be taken to be endorsed under this Act with—
(a) recognition as a nurse practitioner in the same area of practice;
and
(b) an authorisation to prescribe prescription drugs.
(6) A person who is registered under the repealed Act on the midwives
register immediately before the commencement of this clause will be taken to be
registered under this Act on the midwives register and any restrictions,
limitations or conditions that applied to the registration of the person under
the repealed Act immediately before that commencement will be taken to continue
to apply as conditions of the registration of the person as if they had been
imposed by the Board under this Act.
(7) A person who is enrolled under the repealed Act on the nurses roll
immediately before the commencement of this clause will be taken to be enrolled
under this Act on the nurses roll and any restrictions, limitations or
conditions that applied to the enrolment of the person under the repealed Act
immediately before that commencement will be taken to continue to apply as
conditions of the enrolment of the person as if they had been imposed by the
Board under this Act.
(8) If a person who was removed from the register or nurses roll under the
repealed Act for any reason and who had not, before the commencement of this
clause, been reinstated on that register or nurses roll, applies for
registration or enrolment under this Act, the Board may deal with the
application as though it were an application for reinstatement on the
appropriate register or the nurses roll under this Act.
(9) In this clause—
special practice (nurse practitioners) register means the
part of the register maintained under the repealed Act for the area of nursing
recognised by the Board as being the special practice area constituted of the
scope of practice of nurse practitioners.
4—Transitional
provision relating to students
A person who was, immediately before the commencement of this clause,
enrolled in a course of study that provides qualifications for registration or
enrolment under the repealed Act is, on due application to the Board, entitled
to full registration on the registered nursing students or enrolled nursing
students part of the students register.
5—Transitional
provisions relating to completion of proceedings
(1) Disciplinary and other proceedings (including an application for
registration, enrolment or reinstatement) commenced but not determined under the
repealed Act before the commencement of this clause are to be determined as if
they had been commenced under this Act (and for that purpose an application for
registration or reinstatement on the special practice (nurse practitioners)
register is to be treated as an application for endorsement of registration with
recognition as a nurse practitioner in a particular area of practice and an
authorisation to prescribe prescription drugs).
(2) Despite clause 2(2)(b), the Board may, in relation to particular
proceedings commenced but not determined under the repealed Act before the
commencement of this clause, continue and complete the proceedings as
constituted for the purpose of those proceedings under the repealed Act (whether
or not the Board as so constituted complies with a requirement of this Act in
respect of the constitution of the Board for proceedings of the relevant
kind).
(3) In this clause—
special practice (nurse practitioners) register means the
part of the register maintained under the repealed Act for the area of nursing
recognised by the Board as being the special practice area constituted of the
scope of practice of nurse practitioners.
The regulations may make other provisions of a savings or transitional
nature consequent on the enactment of this Act.