[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Nurses and Midwives Bill 2005 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 3. Terms used in this Act 2 4. Application 5 Part 2 -- Nurses and Midwives Board and committees Division 1 -- The Board 5. Board established 6 6. Membership of Board 6 7. Presiding member and deputy presiding member 7 8. Constitution and proceedings 7 9. Remuneration and allowances 7 Division 2 -- Functions and powers 10. Functions 7 11. Powers 8 12. Delegation by Board 8 Division 3 -- Relationship of Board with Minister 13. Directions by Minister 8 14. Minister to have access to information 9 Division 4 -- Committees 15. Committees 10 16. Provisions relating to committees 11 Division 5 -- Registrar and other staff 17. Registrar 11 18. Other staff 12 103--1 page i Nurses and Midwives Bill 2005 Contents Division 6 -- General 19. Duty not to make improper use of information 12 20. Meetings and minutes of meetings 12 21. Execution of documents by Board 13 Part 3 -- Finance and reports 22. Funds of the Board 15 23. Accounts 15 24. Audit 16 25. Annual report and other reports 16 Part 4 -- Registration of nurses and midwives Division 1 -- Registration 26. Natural persons may be registered 18 27. Registration as an enrolled nurse, midwife or registered nurse 18 28. Registration as a nurse practitioner 19 29. Provisional registration 20 30. Conditional registration as an enrolled nurse, midwife, nurse practitioner or registered nurse at the discretion of the Board 21 31. Registration as specialists 23 32. Professional indemnity insurance 24 33. Application 25 34. Effect of registration 25 35. Duration of registration 26 36. Renewal of registration 26 37. Application for registration by a person whose type of registration has been cancelled under section 81(1)(i) 27 Division 2 -- The register 38. The register 27 39. Inspection of register 28 40. Certificate of registration 29 41. Voluntary removal from register and cancellation of registration 29 42. Removal of name and cancellation of registration of person in certain circumstances 29 43. Effect of removal of name from register 30 page ii Nurses and Midwives Bill 2005 Contents Division 3 -- Notifications to Board 44. Change of address 30 45. Loss of qualifications 31 46. Insolvency 31 47. Civil or criminal proceedings 31 48. Information about professional indemnity insurance 32 Part 5 -- Disciplinary and impairment matters Division 1 -- Preliminary 49. Disciplinary matters 33 50. Impairment matters 33 Division 2 -- Committees 51. Complaints assessment committee 34 52. Impairment review committee 34 53. Deputy member of the complaints assessment committee or the impairment review committee 35 Division 3 -- Complaints 54. Complaints 36 55. Complaints assessment committee to determine action required 37 56. Complaints assessment committee may reject certain complaints 38 Division 4 -- Summary orders of Board 57. Interim orders by Board 38 58. Complaint dealt with summarily to be referred to the State Administrative Tribunal 40 59. Complaint not dealt with summarily to be referred to relevant committee 40 Division 5 -- Disciplinary matters 60. Investigation and recommendation 40 61. Role of Board 41 62. Alternative to making allegation to the State Administrative Tribunal 42 Division 6 -- Impairment matters 63. Request by nurse or midwife for imposition of condition 43 page iii Nurses and Midwives Bill 2005 Contents 64. Revocation of condition 44 65. Investigation 44 66. Nurse or midwife to be notified about investigation 44 67. Examination 44 68. Report of examination 45 69. Role of the impairment review committee 46 70. Recommendation 47 71. Role of Board 47 Division 7 -- Investigator's role and powers 72. Interpretation 48 73. Investigator 48 74. Report of investigator 48 75. Powers of investigator 49 76. Warrant to enter premises 51 77. Issue of warrant 52 78. Execution of warrant 52 Division 8 -- Conciliation 79. Conciliation process 53 80. Action if conciliation fails 54 Division 9 -- Role of the State Administrative Tribunal 81. Powers of the State Administrative Tribunal on dealing with a disciplinary matter 54 82. Powers of the State Administrative Tribunal on dealing with an impairment matter 56 Division 10 -- Miscellaneous 83. Suspension 57 84. Costs and recovery 57 Part 6 -- Offences 85. Persons who may practise nursing or midwifery or a specialty 59 86. Persons who may be employed or engaged to practise nursing or midwifery or a specialty 59 87. Exceptions to sections 85 and 86 60 88. Use of titles or pretending to be registered 61 89. Name in which practice may be carried on 61 90. Unlawful delegation by registered person 62 91. Undue influence 62 page iv Nurses and Midwives Bill 2005 Contents 92. Failure to comply with disciplinary action 63 93. False or misleading information 63 94. Offences in relation to investigation 64 95. Obstruction of investigator 65 96. Assistance to execute warrant 65 97. Surrender of certificate 65 98. Incriminating information, questions, or documents 66 99. Legal professional privilege 66 Part 7 -- Codes of practice, rules and regulations 100. Codes of practice 67 101. Rules 68 102. Regulations 69 103. Forms 70 Part 8 -- Miscellaneous 104. Protection 71 105. Notice of decision to be given 71 106. Review 72 107. Publication of proceedings etc. 72 108. Legal proceedings 73 109. Liability of certain officers of body corporate: offences 74 110. Review of Act 75 111. Nurses Act 1992 repealed 75 112. Nurses Rules 1993 repealed 76 113. Transitional and savings provisions 76 114. Consequential amendments 76 Schedule 1 -- Constitution and proceedings of the Board Division 1 -- General provisions 1. Term of office 77 2. Functions of deputy presiding member 77 3. Deputy members 77 4. Vacation of office by member 78 5. General procedure concerning meetings 78 6. Voting 79 7. Holding meetings remotely 79 page v Nurses and Midwives Bill 2005 Contents 8. Resolution without meeting 79 9. Minutes 79 Division 2 -- Disclosure of interests etc. 10. Meaning of "member" 80 11. Disclosure of interests 80 12. Exclusion of interested member 80 13. Board or committee may resolve that clause 12 inapplicable 80 14. Quorum where clause 12 applies 81 15. Minister may declare clauses 12 and 14 inapplicable 81 Schedule 2 -- Transitional and savings 1. Terms used in this Schedule 82 2. Interpretation Act 1984 not affected 82 3. The Nurses Registration Board continues 82 4. Board members 83 5. The registrar and other staff 83 6. Persons entered in division 1 of the register 83 7. Persons entered in division 2 of the register under the repealed Act section 34(b)(i) 84 8. Persons entered in division 2 of the register under the repealed Act section 34(b)(ii) 85 9. Persons granted honorary or temporary registration under the repealed Act 85 10. Persons granted provisional registration under the repealed Act 86 11. Registered body corporate 86 12. Register 86 13. Certificates of registration issued under the repealed Act 86 14. Restoration of certain names to the register 86 15. Suspensions 86 16. Undertakings under the repealed Act 86 17. Interim orders of the former Board 87 18. Investigations 87 19. Complaints being dealt with by the former Board 87 20. Matters referred to the professional standards committee 87 page vi Nurses and Midwives Bill 2005 Contents 21. Matters being dealt with by the presiding member of the former Board 87 22. Failure to comply with an order made under the repealed Act 88 23. Codes of practice 88 24. Annual report for part of a year 88 25. Powers in relation to transitional provision 88 Schedule 3 -- Consequential amendments 1. Blood Donation (Limitation of Liability) Act 1985 amended 90 2. Civil Liability Act 2002 amended 90 3. Constitution Acts Amendment Act 1899 amended 90 4. Corruption and Crime Commission Act 2003 amended 91 5. Court Security and Custodial Services Act 1999 amended 91 6. The Criminal Code amended 92 7. Criminal Investigation (Identifying People) Act 2002 amended 92 8. Firearms Act 1973 amended 92 9. Health Act 1911 amended 92 10. Health Professionals (Special Events Exemption) Act 2000 amended 93 11. Health Services (Conciliation and Review) Act 1995 amended 93 12. Juries Act 1957 amended 93 13. Medical Act 1894 amended 94 14. Mental Health Act 1996 amended 94 15. Misuse of Drugs Act 1981 amended 94 16. Pharmacy Act 1964 amended 95 17. Poisons Act 1964 amended 95 18. Prostitution Act 2000 amended 96 19. Radiation Safety Act 1975 amended 96 20. Road Traffic Act 1974 amended 96 21. State Administrative Tribunal Act 2004 amended 97 page vii Western Australia LEGISLATIVE ASSEMBLY Nurses and Midwives Bill 2005 A Bill for An Act to -- x provide for the regulation of the practice of nursing and midwifery and the registration of persons as nurses and midwives; x repeal the Nurses Act 1992; x make consequential amendments to various Acts, and for related purposes. The Parliament of Western Australia enacts as follows: page 1 Nurses and Midwives Bill 2005 Part 1 Preliminary s. 1 Part 1 -- Preliminary 1. Short title This is the Nurses and Midwives Act 2005. 2. Commencement 5 This Act comes into operation on a day fixed by proclamation. 3. Terms used in this Act In this Act, unless the contrary intention appears -- "application" means an application for registration; "approved" means approved by the Board in writing; 10 "Board" means the Nurses and Midwives Board of Western Australia established by section 5; "certificate of registration" means a certificate of registration issued under section 40; "committee" means a committee established by the Board 15 under this Act; "complainant" means a person who lodges a complaint under section 54(1) or (2); "complaint" means -- (a) a complaint lodged under section 54(1) or (2); 20 (b) a complaint referred under section 54(3); (c) a matter the complaints assessment committee has determined under section 54(4) to deal with as if it were a complaint; and (d) a matter the Board has referred to the impairment 25 review committee under section 63(3); "complaints assessment committee" means the committee established under section 51; "condition" includes restriction; page 2 Nurses and Midwives Bill 2005 Preliminary Part 1 s. 3 "Corporations Act" means the Corporations Act 2001 of the Commonwealth; "designated area" means an area designated by the Commissioner of Health under the Poisons Act 1964 5 section 23(2)(e); "Director" means the Director of the Office of Health Review under the Health Services (Conciliation and Review) Act 1995; "disciplinary matter" means a matter referred to in section 49; 10 "document" includes any tape, disc or other device or medium on which information is recorded or stored; "enrolled nurse" means a person who is registered as an enrolled nurse; "impairment" means -- 15 (a) mental disability; (b) injury; (c) physical illness; "impairment matter" means a matter referred to in section 50; "impairment review committee" means any committee 20 established under section 52; "investigator" means a person appointed under section 73; "legal practitioner" has the meaning given to that term in the Legal Practice Act 2003 section 3; "medical practitioner" means a medical practitioner registered 25 under the Medical Act 1894; "member of the Board" includes a person acting under Schedule 1 clause 3; "midwife" means a person who is registered as a midwife; "midwifery" means the practice of assisting a woman in 30 childbirth; "nurse" means a person who is registered as an enrolled nurse, nurse practitioner or registered nurse; page 3 Nurses and Midwives Bill 2005 Part 1 Preliminary s. 3 "nurse practitioner" means a person who is registered as a nurse practitioner; "nursing" does not include midwifery; "officer", in relation to a body corporate, has the meaning given 5 to "officer of a corporation" in the Corporations Act section 9 but does not include an employee of the body corporate unless the employee is concerned in the management of the body corporate; "presiding member" means the presiding member of the Board 10 referred to in section 7; "register" means the register referred to in section 38; "registered" means registered by the Board under this Act; "registered nurse" means a person who is registered as a registered nurse; 15 "registrar" means the person engaged or employed to be registrar under section 17; "registration" includes renewal of registration; "respondent" means a person the subject of a complaint; "specialist" means a registered nurse who is registered under 20 section 31; "specialty" means a branch of nursing prescribed under section 31(1) as a specialty; "type of registration" means registration as -- (a) an enrolled nurse; 25 (b) a midwife; (c) a nurse practitioner; or (d) a registered nurse. page 4 Nurses and Midwives Bill 2005 Preliminary Part 1 s. 4 4. Application This Act does not apply to, or in respect of, or in any way affect -- (a) the practice of a person's profession as a medical 5 practitioner; (b) a carer performing the usual duties of a carer in relation to a person who is ill, aged, frail or disabled; or (c) a natural person who is registered as a nurse under the law in force in another State, a Territory or 10 New Zealand who practises nursing for the purpose of the removal of tissue under the Human Tissue and Transplant Act 1982. page 5 Nurses and Midwives Bill 2005 Part 2 Nurses and Midwives Board and committees Division 1 The Board s. 5 Part 2 -- Nurses and Midwives Board and committees Division 1 -- The Board 5. Board established (1) A body called the Nurses and Midwives Board of Western 5 Australia is established. (2) The Board -- (a) is a body corporate; (b) has perpetual succession and a common seal; and (c) may sue and be sued in its corporate name. 10 (3) The Board does not represent, and is not an agent of, the Crown. 6. Membership of Board (1) The Board consists of 13 members appointed by the Minister, of whom -- (a) 5 are to be registered nurses; 15 (b) one is to be a registered nurse who teaches nursing in a higher education institution; (c) one is to be a registered nurse who practises in the area of mental health nursing; (d) 2 are to be midwives; 20 (e) 2 are to be enrolled nurses; (f) one is to be a person who has knowledge of and experience in representing the interests of consumers; and (g) one is to be a legal practitioner. 25 (2) Each member of the Board is to be a natural person. (3) Before appointing a person under subsection (1)(a) or (e), the Minister is to consult the Australian Nursing Federation, Western Australian Branch or the Australian Liquor, Hospitality page 6 Nurses and Midwives Bill 2005 Nurses and Midwives Board and committees Part 2 Functions and powers Division 2 s. 7 and Miscellaneous Workers' Union, Western Australian Branch, respectively. 7. Presiding member and deputy presiding member The presiding member and the deputy presiding member of the 5 Board are to be elected by the Board from amongst its members. 8. Constitution and proceedings Schedule 1 has effect with respect to the constitution and proceedings of the Board. 9. Remuneration and allowances 10 A member of the Board, or of a committee, is to be paid such remuneration and allowances (if any) as the Minister, on the recommendation of the Minister for Public Sector Management, determines from time to time. Division 2 -- Functions and powers 15 10. Functions The functions of the Board are as follows -- (a) to advise the Minister on matters to which this Act applies; (b) to administer the scheme of registration under Part 4; 20 (c) to facilitate and promote public education and research in relation to the practice of nursing and midwifery; (d) to monitor education in nursing and midwifery, and provide advice on that education to the Minister and to any other person or body involved in that education; 25 (e) to promote and encourage -- (i) the continuing education of nurses and midwives in the practice of their professions; and page 7 Nurses and Midwives Bill 2005 Part 2 Nurses and Midwives Board and committees Division 3 Relationship of Board with Minister s. 11 (ii) increased levels of skill, knowledge and competence in the practice of nursing and midwifery; and 5 (f) to perform other functions that are conferred on the Board under this Act or any other Act. 11. Powers The Board has all the powers it needs to perform its functions. 12. Delegation by Board 10 (1) The Board may delegate any power or duty of the Board under another provision of this Act to -- (a) a member of the Board; (b) a committee or a member of a committee; or (c) the registrar. 15 (2) The delegation must be in writing executed by the Board. (3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty. (4) A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so 20 in accordance with the terms of the delegation unless the contrary is shown. (5) Nothing in this section limits the ability of the Board to perform a function through the registrar or any other member of staff or an agent. 25 Division 3 -- Relationship of Board with Minister 13. Directions by Minister (1) Subject to subsection (2), the Minister may, after consulting with the Board, give directions in writing to the Board with page 8 Nurses and Midwives Bill 2005 Nurses and Midwives Board and committees Part 2 Relationship of Board with Minister Division 3 s. 14 respect to the performance of its functions either generally or in relation to a particular matter, and the Board is to give effect to any such direction. (2) The Minister must not under subsection (1) direct the Board 5 with respect to the performance of its functions in respect of -- (a) a particular person; (b) a particular qualification; or (c) a particular application, complaint or proceeding. (3) The text of a direction given under subsection (1) must be -- 10 (a) laid before each House of Parliament within 14 sitting days of that House after the direction is given; and (b) included in the annual report submitted by the Board under section 25(1). 14. Minister to have access to information 15 (1) In this section -- "information" means information specified, or of a description specified, by the Minister that relates to the functions of the Board. (2) The Minister is entitled -- 20 (a) to have information in the possession of the Board; and (b) if the information is in or on a document, to have, and make and retain copies of, that document. (3) For the purposes of subsection (2) the Minister may -- (a) request the Board to furnish information to the Minister; 25 (b) request the Board to give the Minister access to information; (c) for the purposes of paragraph (b) make use of the staff of the Board to obtain the information and furnish it to the Minister. page 9 Nurses and Midwives Bill 2005 Part 2 Nurses and Midwives Board and committees Division 4 Committees s. 15 (4) The Board is to comply with a request under subsection (3) and make its staff and facilities available to the Minister for the purposes of subsection (3)(c). (5) The Minister is not entitled to have information under this 5 section in a form that -- (a) discloses the identity of a person involved in a particular application, complaint, investigation or other proceeding; or (b) might enable the identity of any such person to be 10 ascertained, unless that person has consented to the disclosure. Division 4 -- Committees 15. Committees (1) In addition to the complaints assessment committee and the 15 impairment review committee the Board may from time to time establish any other committee. (2) The Board may -- (a) determine the functions, membership and constitution; (b) appoint such members and other persons as it thinks fit 20 to be members; and (c) give directions with respect to the functions and procedures, of a committee established under this section. (3) A committee is to comply with a direction given to it under 25 subsection (2)(c). (4) At the request of the Board, a committee established under this section is to report on the performance of its functions to the Board, in accordance with the Board's request. page 10 Nurses and Midwives Bill 2005 Nurses and Midwives Board and committees Part 2 Registrar and other staff Division 5 s. 16 16. Provisions relating to committees (1) Each member of a committee is to be a natural person. (2) The Board may remove a person from membership of a committee and may reconstitute or discharge a committee 5 established by the Board. (3) A committee is to ensure that an accurate record is kept and preserved of the proceedings of each meeting of the committee and of each resolution passed by the committee. (4) Subject to this Act, a committee may determine its own 10 procedures. (5) A person with special knowledge or experience may be invited to act in an advisory capacity to a committee if the committee is of the opinion that the person will assist the committee in the performance of its functions and the Board has approved the 15 invitation. Division 5 -- Registrar and other staff 17. Registrar (1) The Board is to engage or employ a person to be the registrar. (2) The registrar has the functions that are conferred under this Act 20 or that the Board directs the registrar to perform. (3) The registrar may delegate to a person engaged or employed by the Board any power or duty of the registrar under another provision of this Act. (4) The delegation must be in writing executed by the registrar. 25 (5) A person to whom a power or duty is delegated under this section cannot delegate that power or duty. (6) A delegate exercising or performing a power or duty that has been delegated to the person under this section is to be taken to page 11 Nurses and Midwives Bill 2005 Part 2 Nurses and Midwives Board and committees Division 6 General s. 18 do so in accordance with the terms of the delegation unless the contrary is shown. 18. Other staff The Board may engage or employ persons to provide such 5 professional, technical or other assistance that the Board considers necessary to enable it to perform its functions. Division 6 -- General 19. Duty not to make improper use of information A member or former member of the Board or a member or 10 former member of a committee must not, whether within or outside the State, make improper use of information acquired by virtue of that position to gain, directly or indirectly, an advantage for himself or herself or for any other person. Penalty: $5 000. 15 20. Meetings and minutes of meetings (1) Subject to this section, every meeting of the Board is to be open to members of the public. (2) Despite subsection (1) -- (a) the Board may of its own initiative order that in any 20 particular case a meeting, or part of a meeting, of the Board is to be closed; and (b) where a meeting of the Board concerns a proceeding under Part 5 relating to a disciplinary or impairment matter, a person to whom the proceedings relate may 25 request that the meeting, or part of the meeting, be closed. (3) The Board is to consider a request under subsection (2)(b) and may order that the meeting, or part of the meeting, be closed if it is of the opinion that such an order is in the best interests of the 30 parties involved or the maintenance of professional standards. page 12 Nurses and Midwives Bill 2005 Nurses and Midwives Board and committees Part 2 General Division 6 s. 21 (4) The minutes of a meeting of the Board are to be open for inspection at its principal place of business by members of the public during normal office hours without fee, other than minutes relating to -- 5 (a) proceedings under Part 5 relating to a disciplinary or impairment matter; (b) a matter determined to be confidential under subsection (6); or (c) a meeting, or part of a meeting, that the Board ordered 10 be closed under subsection (2)(a) or (3). (5) A person may, on payment of the fee prescribed by the regulations, if any, obtain a copy of any minutes of the Board available for inspection under subsection (4). (6) The Board may determine that a matter is confidential if it 15 considers that its disclosure is likely to infringe the reasonable privacy of any person. 21. Execution of documents by Board (1) The Board is to have a common seal. (2) A document is duly executed by the Board, if -- 20 (a) the common seal of the Board is affixed to it in accordance with subsections (3) and (4); or (b) it is signed on behalf of the Board by a person or persons authorised by the Board to do so under subsection (5). 25 (3) The common seal of the Board is not to be affixed to any document except as authorised by the Board. (4) The common seal of the Board is to be affixed to a document in the presence of 2 members of the Board and each of them is to sign the document to attest that the common seal was so affixed. 30 (5) The Board may, by writing under its seal, authorise -- (a) a member or members of the Board; or page 13 Nurses and Midwives Bill 2005 Part 2 Nurses and Midwives Board and committees Division 6 General s. 21 (b) a member or members of staff, to sign documents on behalf of the Board, either generally or subject to such conditions as are specified in the authorisation. (6) A document executed under this section without the common 5 seal of the Board is not to be regarded as being a document under seal. (7) A document purporting to be executed in accordance with this section is to be presumed to be duly executed until the contrary is shown. 10 (8) When a document is produced bearing a seal purporting to be the common seal of the Board, it is to be presumed that the seal is the common seal of the Board until the contrary is shown. page 14 Nurses and Midwives Bill 2005 Finance and reports Part 3 s. 22 Part 3 -- Finance and reports 22. Funds of the Board (1) The funds of the Board consist of -- (a) fees received by the Board; 5 (b) grants (if any) by the State, and all gifts and donations made to the Board, but subject to any trusts declared in relation to the grants, gifts or donations; (c) penalties, costs and expenses received under section 62 or 84; and 10 (d) other money or property lawfully received by the Board in connection with the performance of its functions. (2) The funds of the Board may be applied -- (a) for the purposes of the administration and enforcement of this Act, including the remuneration of members of 15 the Board and committees and of the registrar and other persons engaged or employed by the Board; (b) for the payment of examinations and reports in accordance with section 67(3); (c) for the payment of costs under section 84(3); 20 (d) for the furtherance of education, including public education, and research in relation to the practice of nursing and midwifery; (e) by way of contribution to any professional body for nurses or midwives for the development by that body of 25 professional standards; and (f) for any other purpose that the Board may recommend and the Minister may approve to enable the Board to perform its functions. 23. Accounts 30 (1) The Board is to cause to be kept proper accounts and records of the transactions and affairs of the Board and is to prepare page 15 Nurses and Midwives Bill 2005 Part 3 Finance and reports s. 24 financial statements in accordance with Australian Accounting Standards. (2) The financial statements are to be prepared on an accrual basis unless the Board determines otherwise. 5 24. Audit The accounts and financial statements of the Board are to be audited at least once a year, at the expense of the Board, by a registered company auditor (as defined in paragraph (a) of the definition of that term in the Corporations Act section 9) 10 appointed by the Board with the prior approval of the Minister. 25. Annual report and other reports (1) The Board, not later than 31 December in each year, is to make and submit to the Minister an annual report of its proceedings for the preceding year ending on 30 June together with a copy 15 of its financial statements for that year and the auditor's report on those statements. (2) The Board's annual report must include details of -- (a) the number, nature, and outcome, of -- (i) investigations and inquiries undertaken under 20 this Act during the year to which the report relates; and (ii) matters that have been brought before the State Administrative Tribunal by the Board during the year to which the report relates; 25 (b) the number and nature of matters referred to in paragraph (a) that are outstanding; (c) any trends or special problems that may have emerged; (d) forecasts of the workload of the Board in the year after the year to which the report relates; and 30 (e) any proposals for improving the operation of the Board. page 16 Nurses and Midwives Bill 2005 Finance and reports Part 3 s. 25 (3) The Minister is to cause a copy of the Board's annual report and financial statements and of the auditor's report submitted under subsection (1) to be laid before each House of Parliament within 14 sitting days of that House after receipt of the report by the 5 Minister. (4) The Board is to ensure that after subsection (3) has been complied with copies of the reports and statements referred to in that subsection are available on request for inspection at its principal place of business. page 17 Nurses and Midwives Bill 2005 Part 4 Registration of nurses and midwives Division 1 Registration s. 26 Part 4 -- Registration of nurses and midwives Division 1 -- Registration 26. Natural persons may be registered Registration under this Act may be granted only to a natural 5 person. 27. Registration as an enrolled nurse, midwife or registered nurse (1) The Board is to register an applicant as an enrolled nurse, midwife or registered nurse if satisfied that the applicant has -- 10 (a) complied with the requirements of subsection (2); and (b) paid the registration fee, if any, prescribed by the regulations. (2) The requirements for registration as an enrolled nurse, midwife or registered nurse are that the applicant -- 15 (a) is a fit and proper person to be registered as an enrolled nurse, midwife or registered nurse; (b) has not been convicted of an offence the nature of which renders the person unfit to practise as a nurse or midwife, as the case may be; 20 (c) has adequate knowledge of the English language both written and oral; (d) has sufficient physical capacity, mental capacity and skill to practise nursing or midwifery, as the case may be; 25 (e) subject to subsection (3), has acquired such knowledge and has such practical experience in nursing or midwifery, as the case may be, as in the opinion of the Board is sufficient to enable that person to perform efficiently the duties of an enrolled nurse, midwife or 30 registered nurse, as the case may be; and page 18 Nurses and Midwives Bill 2005 Registration of nurses and midwives Part 4 Registration Division 1 s. 28 (f) holds a qualification approved by the Board as a qualification for registration as an enrolled nurse, midwife or registered nurse, as the case may be, or a qualification that in the opinion of the Board is 5 equivalent to such a qualification. (3) Subsection (2)(e) does not apply to a person who, having been awarded a qualification referred to in subsection (2)(f) within the 5 years preceding the application, is applying to the Board, for the first time, for registration under subsection (1). 10 (4) The Board may impose such conditions on registration under subsection (1) as the Board reasonably requires to ensure the competent and safe practice of -- (a) nursing by the enrolled nurse or registered nurse; or (b) midwifery by the midwife. 15 (5) A condition imposed under subsection (4) may apply indefinitely or for a period of time specified by the Board in the written notice. (6) The Board may, on its own motion or on the application of a person the subject of a condition imposed under this section, on 20 reasonable grounds, revoke or vary the condition. 28. Registration as a nurse practitioner (1) The Board is to register an applicant as a nurse practitioner if satisfied that the applicant has -- (a) complied with the requirements of subsection (2); and 25 (b) paid the registration fee, if any, prescribed by the regulations. (2) The requirements for registration as a nurse practitioner are that the applicant -- (a) is a registered nurse or the Board is satisfied that the 30 person meets the requirements for registration as a registered nurse; and page 19 Nurses and Midwives Bill 2005 Part 4 Registration of nurses and midwives Division 1 Registration s. 29 (b) holds a qualification prescribed by the rules as a qualification for registration as a nurse practitioner or a qualification that in the opinion of the Board is equivalent to such a qualification. 5 (3) The Board may impose such conditions on registration under subsection (1) as the Board reasonably requires to ensure the competent and safe practice of nursing by the nurse practitioner. (4) A condition imposed under subsection (3) may apply indefinitely or for a period of time specified by the Board in the 10 written notice. (5) The Board may, on its own motion or on the application of a person the subject of a condition imposed under this section, on reasonable grounds, revoke or vary the condition. 29. Provisional registration 15 (1) The Board may provisionally register an applicant as an enrolled nurse, midwife, nurse practitioner or registered nurse if satisfied that -- (a) the applicant has applied to be registered under section 27 or 28; 20 (b) the requisite evidence is likely to be produced to enable the Board to be satisfied as to the matters set out in section 27(2) or 28(2) relevant to the type of registration applied for; and (c) the applicant has paid the registration fee, if any, 25 prescribed by the regulations. (2) Provisional registration has effect for a period of 3 months beginning on the day on which it is granted unless earlier cancelled. (3) The Board may impose such conditions on registration under 30 subsection (1) as the Board reasonably requires to ensure the competent and safe practice of nursing or midwifery, as the case may be. page 20 Nurses and Midwives Bill 2005 Registration of nurses and midwives Part 4 Registration Division 1 s. 30 (4) If the Board, before the period referred to in subsection (2) expires, has reason to believe that a person granted provisional registration is not entitled to be registered under section 27 or 28 as an enrolled nurse, midwife, nurse practitioner or registered 5 nurse, as the case may be, the Board may, without prejudice to the person's application to be registered, cancel the person's provisional registration. 30. Conditional registration as an enrolled nurse, midwife, nurse practitioner or registered nurse at the discretion of 10 the Board (1) The Board may grant a person conditional registration as an enrolled nurse, midwife or registered nurse, as the case may be, if -- (a) the Board is satisfied that the person meets the 15 requirements of section 27(2)(a), (b), (c) and (d); (b) the Board is satisfied that -- (i) the person meets the requirements of section 27(2)(e) and that the requisite evidence is likely to be produced to enable the Board to be 20 satisfied as to the matters set out in section 27(2)(f); (ii) the person, recognised by the Board as being a person of eminence within the field of nursing or midwifery, desires registration for the purpose of 25 enabling the person to teach nursing or midwifery, as the case may be, in a clinical setting; or (iii) the person desires registration to enable the person to undertake particular nursing duties of 30 limited duration or duties of midwifery of limited duration, as the case may be; and (c) the applicant has paid the registration fee, if any, prescribed by the regulations. page 21 Nurses and Midwives Bill 2005 Part 4 Registration of nurses and midwives Division 1 Registration s. 30 (2) The Board may grant a person conditional registration as a nurse practitioner if -- (a) the Board is satisfied that -- (i) the person meets the requirements of 5 section 28(2)(a) and that the requisite evidence is likely to be produced to enable the Board to be satisfied as to the matters set out in section 28(2)(b); (ii) the person, recognised by the Board as being a 10 person of eminence within the field of nursing, desires registration for the purpose of enabling the person to teach with respect to the functions of a nurse practitioner; or (iii) the person desires registration to enable the 15 person to undertake particular functions of a nurse practitioner of limited duration; and (b) the applicant has paid the registration fee, if any, prescribed by the regulations. 20 (3) Conditional registration -- (a) has effect until the day specified in the certificate of registration (unless registration is earlier cancelled by the Board) but that day is in no case to be later than 12 months after the issue of the certificate; and 25 (b) is not renewable. (4) Conditional registration, and the practice of nursing or midwifery, as the case may be, by a person registered under this section, may be made subject to such conditions as the Board imposes in any particular case. 30 (5) The Board may at any time cancel a conditional registration. (6) The Board may, on its own motion or on the application of a person the subject of a condition imposed under this section, on reasonable grounds, revoke or vary the condition. page 22 Nurses and Midwives Bill 2005 Registration of nurses and midwives Part 4 Registration Division 1 s. 31 31. Registration as specialists (1) The Board is to register an applicant as a specialist in a branch of nursing prescribed by the regulations as a specialty if satisfied that the applicant has -- 5 (a) complied with the requirements of subsection (2); and (b) paid the registration fee, if any, prescribed by the regulations. (2) The requirements for registration as a specialist are that the applicant -- 10 (a) is a registered nurse; and (b) holds a qualification for registration in the specialty that is prescribed by the regulations as a qualification for the specialty or a qualification that in the opinion of the Board is equivalent to such a qualification. 15 (3) The Board may impose such conditions on registration under subsection (1) as the Board reasonably requires to ensure the competent and safe practice of the specialty by the specialist. (4) A condition imposed under subsection (3) may apply indefinitely or for a period specified by the Board in the written 20 notice of the decision under section 105. (5) The Board may, on its own motion or on the application of a person the subject of a condition imposed under this section, on reasonable grounds, revoke or vary the condition. (6) Subject to this Act, registration of a registered nurse as a 25 specialist confers on that person the right to carry on in the State the practice of the specialty for which the person was granted registration as a specialist under the title or titles prescribed by the regulations as the title or titles under which the specialty may be practised. page 23 Nurses and Midwives Bill 2005 Part 4 Registration of nurses and midwives Division 1 Registration s. 32 32. Professional indemnity insurance (1) In this section -- "professional indemnity insurance" means professional indemnity insurance that meets the minimum terms and 5 conditions approved by the Board. (2) Without limiting the Board's powers under section 27, 28, 29, 30 or 31, the Board may impose both of the following conditions as conditions of registration under section 27, 28, 29, 30 or 31 -- 10 (a) that -- (i) the nurse or midwife must hold professional indemnity insurance; (ii) the professional care provided by the nurse or midwife must be covered by professional 15 indemnity insurance; or (iii) the nurse or midwife must be specified or referred to in professional indemnity insurance, whether by name or otherwise, as a person to whom the professional indemnity insurance 20 extends even though the nurse or midwife is not a party to the professional indemnity insurance; (b) that the professional indemnity insurance must meet the minimum terms and conditions approved by the Board. (3) A condition imposed under this section may apply indefinitely 25 or for a period of time specified by the Board in the written notice of the decision given under section 105. (4) The Board may, on its own motion or on the application of a person the subject of a condition imposed under this section, on reasonable grounds, revoke or vary the condition. page 24 Nurses and Midwives Bill 2005 Registration of nurses and midwives Part 4 Registration Division 1 s. 33 33. Application (1) An application is to be -- (a) in writing; (b) made in an approved manner and form; and 5 (c) accompanied by the application fee, if any, prescribed by the regulations. (2) The applicant must provide the Board or the registrar with such further information as the Board or the registrar requires, in any particular case, and if required by the Board or the registrar 10 must verify the information by statutory declaration. (3) The Board may, in writing, require an applicant for registration to attend before the Board for the purpose of satisfying the Board as to a matter relevant to the application and, if the person fails to attend, may refuse the application. 15 (4) The Board may refuse to register a person who does not comply with this section. 34. Effect of registration Subject to this Act, registration as -- (a) an enrolled nurse confers on the person registered the 20 right to carry on in the State the practice of nursing under -- (i) the professional direction of a midwife, nurse practitioner or registered nurse; and (ii) the title of "enrolled nurse"; 25 (b) a midwife confers on the person registered the right to carry on in the State the practice of midwifery under the title of "midwife"; (c) a nurse practitioner confers on the person registered the right to carry on at a designated area the practice of 30 nursing as a nurse practitioner under the title of "nurse practitioner"; and page 25 Nurses and Midwives Bill 2005 Part 4 Registration of nurses and midwives Division 1 Registration s. 35 (d) a registered nurse confers on the person registered the right to carry on in the State the practice of nursing under the title of "registered nurse". 35. Duration of registration 5 Subject to this Act, registration -- (a) has effect for the period prescribed by the regulations; and (b) may be renewed in accordance with the regulations for a further period prescribed by the regulations. 10 36. Renewal of registration (1) A nurse or midwife must pay to the Board a fee prescribed by the regulations for the renewal of registration, and if the fee is not paid on or before the day on which it falls due under the regulations -- 15 (a) the person ceases to be registered; and (b) the person's name must be removed from the register. (2) A person whose name is removed from the register under subsection (1) may at any time pay to the Board all fees that are in arrears, and all fees that would be in arrears if the person had 20 continued to be registered, together with any additional amount prescribed by the regulations for the purposes of this subsection, and is then to be entitled, subject to this Act, to have his or her registration as an enrolled nurse, midwife, nurse practitioner or registered nurse renewed and the name restored to the register. 25 (3) For the purposes of Part 5, the registration of a person whose name is restored to the register under subsection (2) is taken to have continued during the period that the person's name was removed from the register under subsection (1). (4) The Board is to give written notice of the renewal fee to a nurse 30 or midwife, sent to that person's address as recorded in the register, at least 42 days before the fee falls due under the regulations. page 26 Nurses and Midwives Bill 2005 Registration of nurses and midwives Part 4 The register Division 2 s. 37 (5) A person may apply to the Board for the remission of fees payable by the person under this section that are in arrears, and the Board may remit those fees in whole or in part. 37. Application for registration by a person whose type of 5 registration has been cancelled under section 81(1)(i) (1) In this section -- "disqualified person" means a person whose registration in relation to a type of registration has been cancelled and name removed from the register in relation to that 10 registration under section 81(1)(i). (2) A disqualified person may not apply for registration in relation to the type of registration that was cancelled for a period of 2 years after that registration was cancelled. (3) The Board cannot grant an application for registration by a 15 disqualified person in relation to the type of registration that was cancelled unless it has applied for, and obtained, the approval of the State Administrative Tribunal to do so. (4) Registration of, and the practice of nursing or midwifery by, a disqualified person may be made subject to such conditions as 20 the Board in any particular case imposes. Division 2 -- The register 38. The register The Board is required to keep an accurate and up to date register of all nurses and midwives in such manner and form as the 25 Board determines and in respect of each nurse or midwife is to record -- (a) the name of that person; (b) the business, or other, address of that person; (c) particulars of all of the nursing or midwifery 30 qualifications recognised by the Board and held by that person; page 27 Nurses and Midwives Bill 2005 Part 4 Registration of nurses and midwives Division 2 The register s. 39 (d) the type of registration; (e) the provision of this Act under which the person is registered; (f) any conditions applying to the registration; 5 (g) details of the exercise of any power under Part 5 in respect of that person or any order made in respect of that person in a proceeding before the State Administrative Tribunal under Part 5; and (h) such other information, if any, as is prescribed by the 10 regulations. 39. Inspection of register (1) The register must be kept in the office of the registrar. (2) The register must be available for inspection by members of the public during normal office hours. 15 (3) The register may be made available for inspection by members of the public on an internet website maintained by the Board. (4) A person may, on application to the registrar in respect of the register or an entry in the register, and payment of the fee prescribed by the regulations, if any, obtain a certified copy of 20 the register or the entry. (5) No fee is payable under subsection (4) if the application is made -- (a) by an officer of the department of the Public Service principally assisting the Minister in the administration of 25 this Act; and (b) for the purpose of carrying out the functions of an officer of that department. (6) Despite subsections (2), (3) and (4), the registrar must not disclose the address of a nurse or midwife to any person without 30 the written consent of the nurse or midwife, other than for the purpose of section 108(4). page 28 Nurses and Midwives Bill 2005 Registration of nurses and midwives Part 4 The register Division 2 s. 40 40. Certificate of registration (1) On the registration of a person the Board is to issue to that person a certificate of registration in a form approved for that type of registration. 5 (2) In the absence of evidence to the contrary a certificate of registration is evidence that the person to whom the certificate of registration is issued is registered as specified in the certificate. 41. Voluntary removal from register and cancellation of 10 registration (1) A nurse or midwife may, in writing, request the registrar to remove the name of that person from the register in relation to a type of registration and cancel his or her registration in relation to that type of registration. 15 (2) Upon receipt of a request under subsection (1), the registrar is to refer the request to the Board and may, if the Board so approves, remove the name of that person from the register in relation to that type of registration and cancel his or her registration in relation to that type of registration. 20 (3) This section does not apply to a nurse or midwife who is the subject of proceedings under Part 5. 42. Removal of name and cancellation of registration of person in certain circumstances (1) Subject to subsections (3) and (4), the Board is to cancel a type 25 of registration of and direct the registrar to remove from the register the name of a nurse in relation to that type of registration if the Board is satisfied that the nurse -- (a) has not practised nursing of that type in the preceding period of 5 years; and 30 (b) has not maintained current knowledge and skills in nursing at an approved level. page 29 Nurses and Midwives Bill 2005 Part 4 Registration of nurses and midwives Division 3 Notifications to Board s. 43 (2) Subject to subsections (3) and (4), the Board is to cancel the registration of and direct the registrar to remove from the register the name of a midwife if the Board is satisfied that the midwife -- 5 (a) has not practised midwifery in the preceding period of 5 years; and (b) has not maintained current knowledge and skills in midwifery at an approved level. (3) If the Board proposes to give a direction under subsection (1) 10 or (2), the Board is to give the nurse or midwife written notice of the proposal and the reasons for the proposal. (4) A notice given under subsection (3) must state that within 28 days after the notice is given, the nurse or midwife to whom it is given may make written representations to the Board 15 concerning the proposal, and the Board is not to give the direction without considering any representations received within that period. 43. Effect of removal of name from register If the name of a nurse or midwife is removed from the register 20 under a provision of this Act in relation to a type of registration, that person ceases to be registered in relation to that type of registration. Division 3 -- Notifications to Board 44. Change of address 25 (1) A nurse or midwife must give the registrar written advice of any change to the address that is recorded in the register in relation to the person. Penalty: $1 000. (2) The advice referred to in subsection (1) must be given no later 30 than 30 days after the change to the address. page 30 Nurses and Midwives Bill 2005 Registration of nurses and midwives Part 4 Notifications to Board Division 3 s. 45 45. Loss of qualifications (1) A nurse or midwife must give the registrar written advice if a qualification that enabled the person to be registered is withdrawn or cancelled by the body that conferred the 5 qualification. Penalty: $1 000. (2) The advice referred to in subsection (1) must be given no later than 90 days after the withdrawal or cancellation. 46. Insolvency 10 (1) In subsection (2) -- "insolvent" means a person who is an insolvent under administration as defined in the Corporations Act section 9. (2) A nurse or midwife must, within 30 days of becoming an insolvent, give the registrar written advice of the insolvency. 15 Penalty: $5 000. 47. Civil or criminal proceedings (1) A nurse or midwife must give the registrar written advice of any of the following matters within 14 days after -- (a) any civil proceedings claiming damages or other 20 compensation arising out of the practice of nursing or midwifery; (b) any criminal proceedings for an offence arising out of the practice of nursing or midwifery, are commenced against that nurse or midwife. 25 Penalty: $5 000. page 31 Nurses and Midwives Bill 2005 Part 4 Registration of nurses and midwives Division 3 Notifications to Board s. 48 (2) A nurse or midwife must give the registrar written advice of any of the following matters within 14 days after -- (a) any proceedings of a kind referred to in subsection (1) commenced against that person are withdrawn or 5 settled; (b) any such proceedings are determined by a court or other tribunal. Penalty: $5 000. 48. Information about professional indemnity insurance 10 (1) If it is a condition of a person's registration that -- (a) the person must hold professional indemnity insurance; (b) the professional care provided by the person must be covered by professional indemnity insurance; or (c) the person must be specified or referred to in 15 professional indemnity insurance, whether by name or otherwise, as a person to whom the professional indemnity insurance extends even though the person is not a party to the professional indemnity insurance, the person must give the registrar written advice -- 20 (d) if the professional indemnity insurance is cancelled; or (e) of any change in the terms or conditions of the professional indemnity insurance. Penalty: $1 000. (2) The advice referred to in subsection (1) must be given no later 25 than 30 days after the cancellation or change in the terms or conditions. page 32 Nurses and Midwives Bill 2005 Disciplinary and impairment matters Part 5 Preliminary Division 1 s. 49 Part 5 -- Disciplinary and impairment matters Division 1 -- Preliminary 49. Disciplinary matters The following are disciplinary matters -- 5 (a) that a person has contravened a condition applying to that person's registration or the practise of nursing or midwifery by that person; (b) that a person in the course of his or her practise as a nurse or midwife -- 10 (i) acted carelessly; (ii) acted incompetently; (iii) acted improperly; (iv) breached this Act; (v) failed to comply with an undertaking given to the 15 Board under this Act; (vi) provided services that were excessive, unnecessary or not reasonably necessary for the recipient's wellbeing; (c) that a person has been convicted of an offence the nature 20 of which renders the person unfit to practise as a nurse or midwife, as the case may be. 50. Impairment matters The following are impairment matters -- (a) that a person is affected by his or her use of or 25 dependence on alcohol or a drug to such an extent that the ability of the person to practise as a nurse or midwife, as the case may be, is or is likely to be affected; (b) that a person suffers from an impairment to such an 30 extent that the ability of the person to practise as a nurse or midwife, as the case may be, is or is likely to be affected. page 33 Nurses and Midwives Bill 2005 Part 5 Disciplinary and impairment matters Division 2 Committees s. 51 Division 2 -- Committees 51. Complaints assessment committee (1) The Board is to establish a committee to be known as the complaints assessment committee. 5 (2) The complaints assessment committee is to consist of the following 3 persons appointed in writing by the Board from time to time -- (a) a nurse or midwife (who may be a member of the Board); 10 (b) a person who is not a nurse or midwife and is not qualified to be registered as a nurse or midwife; (c) such other person (including a nurse or midwife or member of the Board) as the Board considers appropriate. 15 (3) The Board is to appoint a member of the complaints assessment committee to be the committee's chairperson. (4) The complaints assessment committee is to submit an annual report to the Board as soon as is practicable after 30 June in each year in respect of the functions performed by the 20 committee during the year that ended on that day. (5) A notice or appointment authorised by this Act to be given or made by the complaints assessment committee is taken to have been given or made by the committee if it is signed on behalf of the committee -- 25 (a) by the chairperson of the committee; or (b) by some other person authorised by the committee to sign the notice or appointment. 52. Impairment review committee (1) The Board may establish a committee to be known as the 30 impairment review committee. page 34 Nurses and Midwives Bill 2005 Disciplinary and impairment matters Part 5 Committees Division 2 s. 53 (2) The impairment review committee is to consist of the following 3 persons appointed in writing by the Board from time to time -- (a) a nurse or midwife (who may be a member of the 5 Board); (b) a medical practitioner; (c) such other person (including a nurse or midwife or member of the Board) as the Board considers appropriate. 10 (3) The Board is to appoint a member of the impairment review committee to be the committee's chairperson. (4) A notice or appointment authorised by this Act to be given or made by the impairment review committee is taken to have been given or made by the committee if it is signed on behalf of the 15 committee -- (a) by the chairperson of the committee; or (b) by some other person authorised by the committee to sign the notice or appointment. 53. Deputy member of the complaints assessment committee or 20 the impairment review committee (1) The Board may appoint an eligible person to be a deputy of a member of the complaints assessment committee or the impairment review committee and may terminate such an appointment at any time. 25 (2) The provisions of section 51(2) or 52(2) that apply to and in relation to the appointment of a member apply, with any necessary modification, to and in relation to the appointment of the deputy of that member. (3) The deputy of the member referred to in section 51(3) or 52(3) 30 is the deputy chairperson of the committee. page 35 Nurses and Midwives Bill 2005 Part 5 Disciplinary and impairment matters Division 3 Complaints s. 54 (4) A deputy of a member may perform the functions of the member when the member is unable to do so by reason of illness, absence or other cause. (5) Despite anything in this Act, a deputy of a member may 5 continue to act as a member, after the occasion for so acting has ceased, for the purpose of completing any function. (6) A deputy of a member, while acting as a member, has all the functions of and all the protection given to a member. (7) No act or omission of a person acting in place of another under 10 this section is to be questioned on the ground that the occasion for so acting had not arisen or had ceased. Division 3 -- Complaints 54. Complaints (1) A person may lodge a complaint in relation to an impairment 15 matter with the complaints assessment committee in relation to a person who is a nurse or midwife. (2) A person may lodge a complaint in relation to a disciplinary matter with the complaints assessment committee in relation to -- 20 (a) a person who is a nurse or midwife; or (b) a person who was a nurse or midwife when the disciplinary matter allegedly occurred but who is no longer a nurse or midwife. (3) If the Director refers a complaint to the Board under the Health 25 Services (Conciliation and Review) Act 1995 section 31 or 43(3), the Board is to refer the complaint to the complaints assessment committee. (4) The complaints assessment committee may determine that an impairment matter or a disciplinary matter is to be dealt with as 30 if it were the subject of a complaint lodged with the committee, despite no complaint having been made to it. page 36 Nurses and Midwives Bill 2005 Disciplinary and impairment matters Part 5 Complaints Division 3 s. 55 (5) The complaints assessment committee is not to make a determination under subsection (4) unless it is of the opinion that -- (a) in respect of a person who is a nurse or midwife when 5 the determination is made, there is cause to investigate whether an impairment matter or a disciplinary matter exists or has occurred; or (b) in respect of a person who was a nurse or midwife when the disciplinary matter allegedly occurred, there is cause 10 to investigate whether a disciplinary matter occurred. 55. Complaints assessment committee to determine action required (1) The complaints assessment committee is to decide in respect of a complaint -- 15 (a) if the committee is of the opinion that the complaint requires action under Division 4, to refer it to the Board for action under that Division; (b) to reject the complaint under section 56; (c) in the case of a complaint relating to a disciplinary 20 matter, to deal with the complaint under subsection (3) or section 60; or (d) in the case of a complaint relating to an impairment matter, to refer the complaint to the impairment review committee. 25 (2) To enable the complaints assessment committee to make a decision under subsection (1) the committee may make such inquiries as it considers appropriate. (3) If the complaint relates to a disciplinary matter referred to in section 49(b)(v), the complaints assessment committee may 30 recommend to the Board that it make an allegation to the State Administrative Tribunal based on the complaint that gave rise to the undertaking. page 37 Nurses and Midwives Bill 2005 Part 5 Disciplinary and impairment matters Division 4 Summary orders of Board s. 56 56. Complaints assessment committee may reject certain complaints (1) The complaints assessment committee may at any time before deciding to -- 5 (a) refer a complaint to the impairment review committee under section 55(1)(d); or (b) make a recommendation to the Board under section 55(3) or 60, reject a complaint if it is of the opinion that the complaint is 10 frivolous, vexatious or without substance. (2) Within 7 days of making a decision under subsection (1), the complaints assessment committee is to give written notice to the complainant, if any, that the complaint is rejected and in the notice is to give short particulars of the reasons for the decision. 15 Division 4 -- Summary orders of Board 57. Interim orders by Board (1) If the Board is of the opinion that an activity of a nurse or midwife involves or will involve a risk of imminent injury or harm to the physical or mental health of any person, the Board 20 may, without further inquiry, do any or all of the following -- (a) give to the nurse or midwife who is carrying on that activity an order prohibiting the carrying on of the activity for a period of not more than 30 days; (b) give to the nurse or midwife an order to comply, for a 25 period of not more than 30 days, with such conditions as the Board thinks fit in relation to the practice of nursing or midwifery, as the case may be, by that person; (c) give to the nurse or midwife an order suspending the person's registration in relation to a type of registration 30 specified in the order, either generally or in relation to any specified circumstances or service, for a period of not more than 30 days. page 38 Nurses and Midwives Bill 2005 Disciplinary and impairment matters Part 5 Summary orders of Board Division 4 s. 57 (2) An order made under subsection (1) must -- (a) state that the Board is of the opinion that the activity of the nurse or midwife involves or will involve a risk of imminent injury or harm to the physical or mental health 5 of any person; (b) specify the activity that in the Board's opinion involves or will involve the risk and the matters that give or will give rise to the risk; and (c) advise that, within 14 days of the making of the order, 10 the Board will revoke the order or make an allegation about the matter to the State Administrative Tribunal. (3) The Board may, by subsequent order given to the person to whom the order made under subsection (1) was given, revoke or vary the original order at any time before making an allegation 15 about the matter to the State Administrative Tribunal under section 58. (4) The Board may deal under this section with a complaint even if -- (a) the Board, the impairment review committee or the 20 complaints assessment committee is already dealing with the complaint, or a complaint including elements of the first-mentioned complaint, under this Act; or (b) the same complaint, or a complaint including elements of the complaint before the Board, has been made under 25 the Health Services (Conciliation and Review) Act 1995 or is being treated as a complaint that was made under that Act. page 39 Nurses and Midwives Bill 2005 Part 5 Disciplinary and impairment matters Division 5 Disciplinary matters s. 58 58. Complaint dealt with summarily to be referred to the State Administrative Tribunal (1) Within 14 days of making an order under section 57, if that order is not revoked under section 57(3), the Board is to -- 5 (a) make an allegation about the matter in respect of which the order was made to the State Administrative Tribunal; and (b) order that any other proceedings under this Part in respect of the matter commenced before the making of 10 the order be discontinued. (2) Upon an allegation made under subsection (1) the State Administrative Tribunal may, in addition to any other order it may make, affirm or revoke an order under section 57(1) or vary the order by extending the period for which it applies or in 15 any other respect. 59. Complaint not dealt with summarily to be referred to relevant committee If the Board does not make an order under section 57 in respect of a complaint referred to it under section 55(1)(a) then the 20 Board is to -- (a) refer the complaint to the complaints assessment committee, if the complaint relates to a disciplinary matter; or (b) refer the complaint to the impairment review committee, 25 if the complaint relates to an impairment matter. Division 5 -- Disciplinary matters 60. Investigation and recommendation (1) If the complaints assessment committee has made a decision to deal with a complaint relating to a disciplinary matter under this 30 section or has had a complaint referred back to it under page 40 Nurses and Midwives Bill 2005 Disciplinary and impairment matters Part 5 Disciplinary matters Division 5 s. 61 section 59, the complaints assessment committee is to investigate the complaint. (2) On completion of the investigation the complaints assessment committee is to make a recommendation to the Board -- 5 (a) to make a summary order under Division 4 (unless the complaint was referred back to the committee under section 59); (b) if the complaint comes within the Health Services (Conciliation and Review) Act 1995 section 25, not 10 being a complaint referred to the Board under section 31 or 43(3) of that Act, to give a copy of the complaint to the Director; (c) if paragraph (b) does not apply, to attempt to settle the complaint by conciliation; 15 (d) to caution or reprimand the respondent; (e) to accept an undertaking from the respondent to take or refrain from action specified in the recommendation; (f) to make an allegation about the complaint to the State Administrative Tribunal; or 20 (g) to take no further action. (3) The complaints assessment committee is not to make a recommendation under subsection (2)(c) unless it is satisfied that the matter can be dealt with satisfactorily by informal procedures. 25 (4) The complaints assessment committee may recommend to the Board that it take action under both subsection (2)(d) and (e) in respect of a complaint. 61. Role of Board (1) The Board is to consider the recommendation of the complaints 30 assessment committee under section 60(2) and may either -- (a) act on the recommendation of the complaints assessment committee; or page 41 Nurses and Midwives Bill 2005 Part 5 Disciplinary and impairment matters Division 5 Disciplinary matters s. 62 (b) take action of a kind referred to in section 60(2) other than that recommended by the complaints assessment committee. (2) The Board is not to take action of a kind referred to in 5 section 60(2)(c) unless it is satisfied that the matter can be dealt with satisfactorily by informal procedures. (3) The Board may take action under both section 60(2)(d) and (e) in respect of a complaint. (4) Within 7 days of making a decision under subsection (1), the 10 Board is to give written notice to the complainant, if any, and the respondent of the action proposed to be taken by the Board together with short particulars of the reasons for the decision. 62. Alternative to making allegation to the State Administrative Tribunal 15 (1) If the Board -- (a) is of the opinion that a proceeding before the Tribunal is not warranted by the nature of the allegation; (b) has afforded to the person concerned the opportunity of giving an explanation to the Board either in person or in 20 writing and is not satisfied by any explanation offered; and (c) has afforded to the person concerned the option of the matter proceeding before the Tribunal and that option has not been taken up, 25 the Board, instead of making an allegation to the State Administrative Tribunal under section 61(1), may -- (d) if the person is a nurse or midwife, order that the particulars entered in the register in relation to that person be amended; 30 (e) caution or reprimand that person; page 42 Nurses and Midwives Bill 2005 Disciplinary and impairment matters Part 5 Impairment matters Division 6 s. 63 (f) if the person is a nurse or midwife, require that person to give an undertaking to the Board, either with or without security, for such period as is specified -- (i) in relation to his or her future conduct as a nurse 5 or midwife; or (ii) to comply with such conditions as are specified in relation to his or her practice; or (g) order that person to pay to the Board a penalty not 10 exceeding $2 500. (2) The Board may, in addition to or instead of imposing one or more of the penalties specified in subsection (1), order the person concerned to pay such costs and expenses of or incidental to the proceedings as the Board thinks fit. 15 (3) Where any penalty, costs or expenses are ordered to be paid under this section the amount ordered to be paid is recoverable in any court of competent jurisdiction as a debt due to the Board. (4) Within 7 days of making a decision under subsection (1)(d) 20 to (g) or (2), the Board is to give written notice to the complainant, if any, and the respondent of the decision together with short particulars of the reasons for the decision. Division 6 -- Impairment matters 63. Request by nurse or midwife for imposition of condition 25 (1) A nurse or midwife who believes that his or her ability to practise nursing or midwifery, as the case may be, is affected because of an impairment matter may ask the Board to impose a condition with respect to his or her registration. (2) If the Board and the nurse or midwife agree upon the condition 30 to be imposed, the Board is to impose that condition with respect to his or her registration. page 43 Nurses and Midwives Bill 2005 Part 5 Disciplinary and impairment matters Division 6 Impairment matters s. 64 (3) If the Board and the nurse or midwife do not agree upon the condition to be imposed, the Board is to refer the matter to the impairment review committee for investigation under this Division. 5 64. Revocation of condition The Board may revoke a condition imposed under section 63 if the nurse or midwife satisfies the impairment review committee that his or her ability to practise nursing or midwifery, as the case may be, is no longer affected because of the impairment 10 matter that gave rise to the imposition of the condition. 65. Investigation The impairment review committee is to investigate a complaint referred to it. 66. Nurse or midwife to be notified about investigation 15 (1) The impairment review committee is to give written notice of the investigation to the nurse or midwife to whom the complaint relates. (2) The notice must -- (a) advise the person of the nature of the impairment matter 20 to be investigated; (b) if the impairment review committee considers that an examination of the person is necessary, ask the person to advise the committee as to whether or not he or she will agree to undergo an examination relating to the 25 impairment matter within a period specified by the committee in the notice; and (c) contain a brief summary of the effect of this Division. 67. Examination (1) If the nurse or midwife agrees to undergo an examination within 30 the period specified in the notice under section 66(2)(b), the page 44 Nurses and Midwives Bill 2005 Disciplinary and impairment matters Part 5 Impairment matters Division 6 s. 68 person is to be examined by a medical practitioner agreed upon by the impairment review committee and the person. (2) If the impairment review committee and the nurse or midwife are unable to agree upon the person to conduct the examination, 5 the Board is to appoint a medical practitioner to perform the examination. (3) The Board is to pay for an examination conducted under this section and a report provided under section 68. (4) If the nurse or midwife does not agree to undergo an 10 examination within the period specified in the notice under section 66(2)(b) or does not abide by an agreement to undergo such an examination, the impairment review committee is to recommend to the Board that the Board make an allegation about the complaint to the State Administrative Tribunal. 15 68. Report of examination (1) A medical practitioner who conducts an examination under section 67 is to give a report of the examination to the impairment review committee and, not more than 7 days later, the committee is to give a copy of the report to the nurse or 20 midwife. (2) Despite subsection (1), if it appears to the impairment review committee that the disclosure to the nurse or midwife of information in the report might be prejudicial to the physical or mental health or wellbeing of that person, the committee may 25 decide not to give that report to the nurse or midwife but to give it instead to a medical practitioner or another nurse or midwife nominated by the nurse or midwife. (3) If the nurse or midwife does not nominate a medical practitioner or another nurse or midwife to the impairment review 30 committee within 7 days of being requested to do so by the committee, the committee may give the report to a medical practitioner or nurse or midwife selected by the committee. page 45 Nurses and Midwives Bill 2005 Part 5 Disciplinary and impairment matters Division 6 Impairment matters s. 69 (4) The nurse or midwife may make written representations to the impairment review committee with respect to the report within 7 days after the report is given to him or her or the medical practitioner or nurse or midwife nominated by him or her or 5 selected by the committee. 69. Role of the impairment review committee (1) On completion of the investigation of a nurse or midwife and after considering -- (a) any report given to the committee under section 68(1); 10 and (b) any representations made by the nurse or midwife under section 68(4), the impairment review committee is to decide whether or not further action should be taken. 15 (2) If the impairment review committee decides that further action should be taken, it is to request that the nurse or midwife consent -- (a) to the imposition of conditions on his or her registration; (b) to the person's registration in relation to a specified type 20 of registration being suspended, for a period, not exceeding 2 years, specified by the impairment review committee; or (c) to undergo counselling specified by the impairment review committee. 25 (3) If the impairment review committee decides that no further action should be taken it is to give written advice to that effect to -- (a) the Board; (b) the complainant, if any; and 30 (c) the nurse or midwife. page 46 Nurses and Midwives Bill 2005 Disciplinary and impairment matters Part 5 Impairment matters Division 6 s. 70 70. Recommendation (1) If the nurse or midwife does not consent to a request made under section 69(2) within 10 days of the request being made, the impairment review committee is to recommend to the Board 5 that the Board make an allegation about the complaint to the State Administrative Tribunal. (2) If the nurse or midwife does consent to a request made under section 69(2) within 10 days of the request being made, the impairment review committee is to recommend to the Board 10 that the Board take any action to which the nurse or midwife consented. (3) A recommendation made under subsection (1) or (2) must be made in writing and contain details of the committee's investigation of the nurse or midwife. 15 71. Role of Board (1) The Board is to consider a recommendation of the impairment review committee and may -- (a) decide not to take any action; (b) take any action to which the nurse or midwife consented 20 under section 69(2); or (c) make an allegation about the complaint to the State Administrative Tribunal. (2) For the purpose of taking action to which the nurse or midwife consented under section 69(2), the Board may -- 25 (a) impose the conditions to which the nurse or midwife consented; (b) suspend the person's registration in relation to a specified type of registration for the period specified by the impairment review committee; or 30 (c) obtain an undertaking from the nurse or midwife to undergo the counselling specified by the impairment review committee, as the case may require. page 47 Nurses and Midwives Bill 2005 Part 5 Disciplinary and impairment matters Division 7 Investigator's role and powers s. 72 (3) Within 7 days of making a decision under subsection (1) or (2), the Board is to give written notice to the nurse or midwife and the complainant, if any, of the decision together with short particulars of the reasons for the decision. 5 Division 7 -- Investigator's role and powers 72. Interpretation In this Division -- "appointing body", in relation to an investigator, means the Board or the complaints assessment committee which 10 appointed the investigator. 73. Investigator (1) The Board or the complaints assessment committee may appoint a person to investigate a complaint and report to the Board or committee. 15 (2) A person must not be appointed under subsection (1) unless he or she has the qualifications prescribed by the regulations. (3) Qualifications prescribed for the purposes of subsection (2) may relate to educational qualifications or practical experience, or to both. 20 (4) An appointing body is to issue to each investigator it appoints a certificate of appointment in an approved form. (5) A certificate purporting to have been issued under this section is evidence in any court of the appointment to which the certificate purports to relate. 25 74. Report of investigator (1) An investigator is to -- (a) within such period as the appointing body requires prepare a report on the investigation, and make page 48 Nurses and Midwives Bill 2005 Disciplinary and impairment matters Part 5 Investigator's role and powers Division 7 s. 75 recommendations as to the manner in which the complaint should be dealt with; and (b) immediately after preparing the report, provide the appointing body with a copy of the report. 5 (2) The investigator is to return his or her certificate of appointment at the time the appointing body is provided with a copy of the report. 75. Powers of investigator (1) An investigator may for the purposes of an investigation -- 10 (a) enter and inspect the premises named in a warrant issued under section 77(1), and exercise the powers authorised under section 77(2)(b) and (c); (b) require a person to produce to the investigator any document or other thing concerning the investigation 15 that is in the possession or under the control of the person; (c) inspect any document or other thing produced to the investigator and retain it for such reasonable period as the investigator thinks fit, and make copies of a 20 document or any of its contents; (d) require a person -- (i) to give the investigator such information as the investigator requires; and (ii) to answer any question put to that person, 25 in relation to the matter the subject of the investigation; and (e) exercise other powers conferred on an investigator by the regulations. (2) A requirement made under subsection (1)(b) -- 30 (a) must be made by notice in writing given to the person required to produce the document or other thing; page 49 Nurses and Midwives Bill 2005 Part 5 Disciplinary and impairment matters Division 7 Investigator's role and powers s. 75 (b) must specify the time at or within which the document or other thing is to be produced; (c) may, by its terms, require that the document or other thing required be produced at a place and by means 5 specified in the requirement; and (d) where the document required is not in a readable format, is to be treated as a requirement to produce -- (i) the document itself; and (ii) the contents of the document in a readable 10 format. (3) A requirement made under subsection (1)(d) -- (a) may be made orally or by notice in writing served on the person required to give information or answer a question, as the case may be; 15 (b) must specify the time at or within which the information is to be given or the question is to be answered, as the case may be; and (c) may, by its terms, require that the information or answer required -- 20 (i) be given orally or in writing; (ii) be given at or sent or delivered to a place specified in the requirement; (iii) in the case of written information or answers be sent or delivered by means specified in the 25 requirement; or (iv) be verified by statutory declaration. (4) If under subsection (1)(b) an investigator requires a person to produce any document or other thing concerning the investigation that is in the possession or under the control of the 30 person, the investigator is to inform that person that the person is required under this Act to produce the document or thing. page 50 Nurses and Midwives Bill 2005 Disciplinary and impairment matters Part 5 Investigator's role and powers Division 7 s. 76 (5) If under subsection (1)(d) an investigator requires a person to give information or answer a question, the investigator is to inform that person that the person is required under this Act to give the information or answer the question. 5 (6) An investigator is to produce his or her certificate of appointment if requested to do so by a person in respect of whom the investigator has exercised, or is about to exercise, a power under this section. 76. Warrant to enter premises 10 (1) If the Board has determined in a particular case that an investigator has reasonable grounds for believing that entry to premises is necessary for the purpose of substantiating a complaint that may involve a threat to the physical or mental health of a person the investigator may apply to a magistrate for 15 a warrant to be issued in respect of those premises. (2) An application for a warrant must -- (a) be in writing; (b) be accompanied by a notice in writing from the Board stating that it has determined in the particular case that 20 the investigator has reasonable grounds for believing that entry to premises is necessary for the purpose of substantiating a complaint that may involve a threat to the physical or mental health of a person; (c) set out the grounds for seeking the warrant; and 25 (d) describe the premises that are to be entered. (3) A magistrate to whom an application is made under this section is to refuse it if -- (a) the application does not comply with the requirements of this Act; or 30 (b) when required to do so by the magistrate, the investigator does not give to the magistrate more information about the application. page 51 Nurses and Midwives Bill 2005 Part 5 Disciplinary and impairment matters Division 7 Investigator's role and powers s. 77 (4) The information in an application or given to a magistrate under this section must be verified before the magistrate on oath or affirmation or by affidavit, and the magistrate may for that purpose administer an oath or affirmation or take an affidavit. 5 77. Issue of warrant (1) A magistrate to whom an application is made under section 76 may issue a warrant, if satisfied that there are reasonable grounds for believing that entry and inspection of the premises are necessary for the purpose referred to in that section. 10 (2) A warrant under subsection (1) authorises the investigator -- (a) to enter and inspect the premises named in the warrant; (b) to require a person on the premises to answer questions or produce documents or other things concerning the investigation that are in the possession or under the 15 control of the person; and (c) to inspect documents and other things, and take copies of or extracts from documents, produced in compliance with a requirement made under paragraph (b). (3) There must be stated in a warrant -- 20 (a) the purpose for which the warrant is issued; (b) the name of the person to whom the warrant is issued; and (c) a description of the premises that may be entered. (4) A magistrate who issues a warrant is to cause a record to be 25 made of particulars of the grounds that the magistrate has relied on to justify the issue of the warrant. 78. Execution of warrant (1) If asked by an occupier, or a person in charge, of premises, the person executing a warrant at those premises is to produce it for 30 inspection. page 52 Nurses and Midwives Bill 2005 Disciplinary and impairment matters Part 5 Conciliation Division 8 s. 79 (2) A warrant ceases to have effect -- (a) at the end of the period of one month after its issue; (b) if it is withdrawn by the magistrate who issued it; or (c) when it is executed, 5 whichever occurs first. Division 8 -- Conciliation 79. Conciliation process (1) If an attempt is to be made to settle a complaint by conciliation, the Board is to refer the complaint to the complaints assessment 10 committee. (2) The complaints assessment committee is to commence conciliation procedures within 14 days of the complaint being referred to it under subsection (1) and may for that purpose -- (a) cause conferences of the complainant or person affected 15 by the conduct of the respondent and the respondent, or their representatives, to be arranged and to be presided over by a person appointed in accordance with the regulations; (b) give advice and make recommendations to assist in the 20 reaching of an agreement; and (c) cause the persons concerned, or any of them, either separately or together, to appear before the complaints assessment committee. (3) The Board may, with the consent of each of the parties to that 25 agreement, by order give effect to an agreement negotiated under this Division. (4) If the Board makes an order under subsection (3) -- (a) the terms of the agreement reached between the parties referred to in the order are final and binding on those 30 parties; and page 53 Nurses and Midwives Bill 2005 Part 5 Disciplinary and impairment matters Division 9 Role of the State Administrative Tribunal s. 80 (b) the order may include any action that might have been taken by the State Administrative Tribunal under section 81(1) or 82(1). (5) Evidence of anything lawfully said or done, or any record 5 prepared and produced for the purpose of conciliation, by a person in the course of the conciliation process is not to be used in any subsequent consideration of the complaint by the Board nor, unless that person waives the right to object, is it admissible in evidence against that person in any subsequent civil 10 proceedings concerning the subject matter of the complaint. 80. Action if conciliation fails If -- (a) the conciliation process fails to result in an agreement between the complainant or other person affected by the 15 conduct of the respondent and the respondent; (b) the Board is satisfied that the parties are not cooperating with the conciliation process; or (c) the Board is not satisfied with the result of the conciliation process, 20 the Board is to -- (d) make a summary order under Division 4; (e) investigate the complaint; or (f) make an allegation about the complaint to the State Administrative Tribunal. 25 Division 9 -- Role of the State Administrative Tribunal 81. Powers of the State Administrative Tribunal on dealing with a disciplinary matter (1) If, in a proceeding commenced by an allegation under this Act against a nurse or midwife, the State Administrative Tribunal is page 54 Nurses and Midwives Bill 2005 Disciplinary and impairment matters Part 5 Role of the State Administrative Tribunal Division 9 s. 81 of the opinion that a disciplinary matter exists in relation to the person, the Tribunal may do one or more of the following -- (a) decline to make an order or a requirement under this subsection; 5 (b) order the registrar to amend the particulars entered in the register in respect of the person; (c) caution or reprimand the person; (d) require the person -- (i) if the patient agrees, to provide further services 10 to a patient at no cost or at an amount determined by the Tribunal; (ii) to pay, wholly or in part, for further services to be provided to a patient by another nurse or midwife; or 15 (iii) to reduce or refund the amount of any fees paid in respect of services provided to a patient, to such an extent as is determined by the Tribunal; (e) order that the person comply with such conditions as the Tribunal may impose on the registration of that person; 20 (f) require the person to complete educational or clinical courses, or both, as specified in the order or to practise under supervision as specified in the order for a period specified in the order; (g) require the person to seek and implement, within a 25 period specified in the order, advice from a person or persons specified in the order in relation to the management and conduct of the person's practice of nursing or midwifery, as the case may be, or the specific part or aspect of the practice specified in the order; 30 (h) order the person to pay a penalty not exceeding $25 000; (i) order that the person's registration in relation to a type of registration specified in the order be cancelled and name be removed from the register in relation to that type; page 55 Nurses and Midwives Bill 2005 Part 5 Disciplinary and impairment matters Division 9 Role of the State Administrative Tribunal s. 82 (j) order that the person's registration in relation to a type of registration specified in the order be suspended, either generally or in relation to any specified circumstances or service, for a period, not exceeding 2 years, specified in 5 the order. (2) If, in a proceeding commenced by an allegation under this Act against a person who was a nurse or midwife when the disciplinary matter allegedly occurred but who is no longer a nurse or midwife, the State Administrative Tribunal is of the 10 opinion that a disciplinary matter exists in relation to that person, the only powers that the Tribunal may exercise are the powers in subsection (1)(a), (c), (d)(ii) and (iii) and (h). 82. Powers of the State Administrative Tribunal on dealing with an impairment matter 15 (1) If, in a proceeding commenced by an allegation under section 71(1)(c), the State Administrative Tribunal is of the opinion that an impairment matter exists in relation to a nurse or midwife, the Tribunal may do one or more of the following -- (a) decline to make an order or a requirement under this 20 subsection; (b) order that the person comply with such conditions as the Tribunal may impose on the registration of that person; (c) require the person to seek and undergo medical treatment or counselling specified by the Tribunal; 25 (d) order that the person's registration in relation to a type of registration specified in the order be suspended, either generally or in relation to any specified circumstances or service, for the period of time, not exceeding 2 years, specified by the State Administrative Tribunal in the 30 order. (2) If, during the course of hearing an allegation in respect of an impairment matter, the State Administrative Tribunal determines that the allegation involves a disciplinary matter, the page 56 Nurses and Midwives Bill 2005 Disciplinary and impairment matters Part 5 Miscellaneous Division 10 s. 83 Tribunal may deal with it under section 81(1) or (2) instead of under this section. Division 10 -- Miscellaneous 83. Suspension 5 (1) If, under section 57(1)(c), 71(2)(b), 81(1)(j) or 82(1)(d), a person's registration in relation to a specified type of registration is suspended generally, the person is to be regarded as not being registered in relation to that type of registration during the period of the suspension. 10 (2) If, under section 57(1)(c), 81(1)(j) or 82(1)(d), a person's registration in relation to a specified type of registration is suspended in relation to any specified circumstances or service, the person is to be regarded as not being registered in relation to that type of registration during the period of the suspension in 15 relation to the circumstances or the performance of the service specified in the order of suspension. (3) The Board may, by notice in writing, revoke a suspension, either generally or to a specified extent, and may direct in the notice that the revocation has effect from a date specified in the 20 notice. (4) The Board cannot revoke a suspension that was imposed by the State Administrative Tribunal under section 81(1)(j) or 82(1)(d) unless it has applied for, and obtained, the approval of the Tribunal to do so. 25 84. Costs and recovery (1) The Board may, in addition to or instead of exercising a power under section 61(1) or 71(1), order the respondent to pay such costs and expenses of or arising from the investigation and exercise of that power as the Board thinks fit. page 57 Nurses and Midwives Bill 2005 Part 5 Disciplinary and impairment matters Division 10 Miscellaneous s. 84 (2) Any costs or expenses ordered to be paid under this section are recoverable by the Board in a court of competent jurisdiction as a debt due to the Board. (3) The Board may, in exceptional circumstances, pay from the 5 funds of the Board to a respondent against whom there has been no adverse finding the costs or part of the costs incurred by that person. (4) In subsection (3) -- "adverse finding" means a finding that a disciplinary or 10 impairment matter exists. page 58 Nurses and Midwives Bill 2005 Offences Part 6 s. 85 Part 6 -- Offences 85. Persons who may practise nursing or midwifery or a specialty (1) A person must not practise nursing unless that person is an 5 enrolled nurse, nurse practitioner or registered nurse and, in the case of an enrolled nurse, does so under the professional direction of a midwife, nurse practitioner or registered nurse. (2) A person must not practise midwifery unless that person is a midwife. 10 (3) A person must not practise a specialty unless that person is a specialist registered to practise that specialty. Penalty applicable to subsections (1), (2) and (3): (a) in the case of an individual -- (i) for a first offence, $5 000; and a daily penalty 15 of $200; (ii) for a second or subsequent offence, $10 000; and a daily penalty of $400; (b) in any other case -- (i) for a first offence, $10 000; and a daily 20 penalty of $400; (ii) for a second or subsequent offence, $20 000; and a daily penalty of $800. 86. Persons who may be employed or engaged to practise nursing or midwifery or a specialty 25 (1) A person must not employ or engage a person to practise nursing unless the person employed or engaged is an enrolled nurse, nurse practitioner or registered nurse and, in the case of an enrolled nurse, is employed or engaged to do so under the professional direction of a midwife, nurse practitioner or 30 registered nurse. page 59 Nurses and Midwives Bill 2005 Part 6 Offences s. 87 (2) A person must not employ or engage a person to practise midwifery unless the person employed or engaged is a midwife. (3) A person must not employ or engage a person to practise a specialty unless the person employed is a specialist registered to 5 practise that specialty. Penalty applicable to subsections (1), (2) and (3): (a) in the case of an individual -- (i) for a first offence, $5 000; and a daily penalty of $200; 10 (ii) for a second or subsequent offence, $10 000; and a daily penalty of $400; (b) in any other case -- (i) for a first offence, $10 000; and a daily penalty of $400; 15 (ii) for a second or subsequent offence, $20 000; and a daily penalty of $800. 87. Exceptions to sections 85 and 86 (1) In this section -- "student" means a person who is enrolled as a student and is 20 studying for a qualification referred to in section 27(2)(f) or 28(2)(b). (2) For the purposes of sections 85 and 86, a person is not practising nursing or midwifery only because -- (a) the person is a student; or 25 (b) the person employs or engages a person who practises nursing or midwifery. (3) For the purpose of sections 85 and 86, a person is not practising a specialty only because -- (a) the person is studying a specialty under the immediate 30 personal supervision of a specialist registered to practise that specialty; or page 60 Nurses and Midwives Bill 2005 Offences Part 6 s. 88 (b) the person engages or employs a person who practises that specialty. 88. Use of titles or pretending to be registered A person must not -- 5 (a) use the title "enrolled nurse" unless the person is an enrolled nurse; (b) use the title "midwife" unless the person is a midwife; (c) use the title "nurse practitioner" unless the person is a nurse practitioner; 10 (d) use the title "registered nurse" unless the person is a registered nurse; (e) use a title under which a specialty may be practised that is prescribed under section 31(6) unless that person is registered to practise that specialty; 15 (f) advertise or otherwise hold out or imply, that the person is registered or entitled, either alone or with others, to practise nursing, unless that person is an enrolled nurse, nurse practitioner or registered nurse; or (g) advertise or otherwise hold out or imply, that the person 20 is registered or entitled, either alone or with others, to practise midwifery, unless that person is a midwife. Penalty: (a) for a first offence, $2 500; and a daily penalty of $100; 25 (b) for a second or subsequent offence, $5 000; and a daily penalty of $200. 89. Name in which practice may be carried on (1) A nurse must not carry on the practice of nursing under any name other than the name of the person as recorded in the 30 register, unless the person has the written consent of the Board to do so, and complies with any conditions imposed by the Board. page 61 Nurses and Midwives Bill 2005 Part 6 Offences s. 90 (2) A midwife must not carry on the practice of midwifery under any name other than the name of the person as recorded in the register, unless the person has the written consent of the Board to do so, and complies with any conditions imposed by the 5 Board. Penalty applicable to subsections (1) and (2): (a) for a first offence, $2 500; (b) for a second or subsequent offence, $5 000. 90. Unlawful delegation by registered person 10 A registered person must not, except as authorised by the rules, authorise or permit a person who is not a registered person to carry out any nursing for or on behalf of the registered person. Penalty: (a) for a first offence, $2 500; 15 (b) for a second or subsequent offence, $5 000. 91. Undue influence A person must not cause or induce -- (a) a nurse to do any thing in the course of practising nursing; or 20 (b) a midwife to do any thing in the course of practising midwifery, that the person is aware, or ought reasonably to be aware, is conduct that would constitute a disciplinary matter. Penalty: 25 (a) in the case of an individual, $5 000; (b) in any other case, $10 000. page 62 Nurses and Midwives Bill 2005 Offences Part 6 s. 92 92. Failure to comply with disciplinary action A person must not contravene or fail to comply with an order of the Board given to that person under section 57 or 62. Penalty: 5 (a) in the case of an individual, $5 000; (b) in any other case, $10 000. 93. False or misleading information (1) A person must not do any of the things set out in subsection (2) -- 10 (a) in relation to an application; (b) in relation to the compliance, or purported compliance, with any requirement of this Act to give the Board or the registrar advice or information; or (c) in relation to an attempt at conciliation under section 79. 15 Penalty: $24 000 or imprisonment for 2 years. (2) The things to which subsection (1) applies are -- (a) making a statement which the person knows is false or misleading in a material particular; (b) making a statement which is false or misleading in a 20 material particular, with reckless disregard as to whether or not the statement is false or misleading in a material particular; (c) providing, or causing to be provided, information that the person knows is false or misleading in a material 25 particular; or (d) providing, or causing to be provided, information that is false or misleading in a material particular, with reckless disregard as to whether the information is false or misleading in a material particular. page 63 Nurses and Midwives Bill 2005 Part 6 Offences s. 94 94. Offences in relation to investigation (1) Where under section 75 a person is required to give any information, answer any question, or produce any document or thing and that person, without reasonable excuse (proof of 5 which lies on the person) -- (a) fails to give that information or answer that question at or within the time specified in the requirement; (b) gives any information or answer that is false in any particular; or 10 (c) fails to produce that document or thing at or within the time specified in the requirement, the person commits an offence. Penalty: (a) in the case of an individual, $5 000; 15 (b) in any other case, $10 000. (2) It is a defence in any proceeding for an offence under subsection (1)(a) or (c) for the accused to show -- (a) that, in the case of an alleged offence arising out of a requirement made orally under section 75, the 20 investigator did not, when making the requirement, inform the accused that he or she was required under this Act to give the information or answer the question, as the case may be; (b) that, in the case of an alleged offence arising out of a 25 requirement made by notice in writing under section 75, the notice did not state that he or she was required under this Act to give the information, answer the question, or produce the document or thing, as the case may be; (c) that the time specified in the requirement did not afford 30 the accused sufficient notice to enable him or her to comply with the requirement; or page 64 Nurses and Midwives Bill 2005 Offences Part 6 s. 95 (d) that, in any case, the investigator did not, before making the requirement, have reasonable grounds to believe that compliance with the requirement would materially assist in the investigation being carried out. 5 95. Obstruction of investigator A person must not prevent or attempt to prevent an investigator from entering premises or otherwise obstruct or impede an investigator in the exercise of his or her powers under section 75. 10 Penalty: (a) in the case of an individual, $5 000; (b) in any other case, $10 000. 96. Assistance to execute warrant A nurse or midwife, and any person -- 15 (a) who engages or employs the nurse or midwife to practise nursing or midwifery; (b) who is engaged or employed by the nurse or midwife in the nurse or midwife's practice; or (c) with whom the nurse or midwife practises nursing or 20 midwifery in partnership, at the premises named in the warrant is to provide all reasonable assistance to an investigator executing the warrant issued under section 77. Penalty: 25 (a) in the case of an individual, $2 500; (b) in any other case, $5 000. 97. Surrender of certificate (1) Where a person's type of registration is cancelled or suspended, the person is, within 14 days after the day on which the person 30 is notified by the Board of the cancellation or suspension, to page 65 Nurses and Midwives Bill 2005 Part 6 Offences s. 98 surrender to the Board his or her certificate of registration in relation to that type of registration. Penalty: $1 000. (2) The Board may direct in writing that a person whose type of 5 registration is suspended under section 57 is not obliged to comply with subsection (1) and, in that case, the subsection does not apply to that person. (3) It is a defence to a prosecution for an offence against subsection (1) if the accused satisfies the court that the failure to 10 surrender the certificate was due to its loss or destruction. 98. Incriminating information, questions, or documents An individual is not excused from complying with a requirement under section 75 on the ground that the answer to a question or the production of a document or other thing might 15 incriminate the individual or render the individual liable to a penalty, but neither -- (a) an answer given by the individual that was given to comply with the requirement; nor (b) the fact that a document or other thing produced by the 20 individual to comply with the requirement was produced, is admissible in evidence in any civil or criminal proceedings against the individual other than proceedings for an offence against section 94(1)(b). 25 99. Legal professional privilege Nothing in Part 5 or this Part prevents a person from refusing to answer a question, provide information or produce a document or other thing because the answer or information would relate to, or the document or thing contains, information in respect of 30 which the person claims legal professional privilege. page 66 Nurses and Midwives Bill 2005 Codes of practice, rules and regulations Part 7 s. 100 Part 7 -- Codes of practice, rules and regulations 100. Codes of practice (1) The Board may, with the approval of the Minister, issue codes of practice for -- 5 (a) the practice of nursing and the conduct of an enrolled nurse or registered nurse; (b) the practice of nursing and the conduct of a nurse practitioner, in accordance with subsection (2); or (c) the practice of midwifery and the conduct of a midwife. 10 (2) A code of practice referred to in subsection (1)(b) is to contain only information recommended by the Commissioner, as defined in the Health Act 1911 section 3(1), with respect to the functions of nurse practitioners, including -- (a) the possession, use, supply or prescription of poisons, as 15 defined in the Poisons Act 1964 section 5(1), by a nurse practitioner; (b) the requesting, or undertaking, of diagnostic testing or therapies; (c) the undertaking of treatments by a nurse practitioner; 20 and (d) such other functions as are necessary or convenient with respect to the practice of nursing as a nurse practitioner and the conduct of a nurse practitioner, and anything incidental or conducive to those functions. 25 (3) The code of practice may adopt the provisions of other publications, whether with or without modification or addition and whether in force at a particular time or from time to time. (4) A breach of a code of practice does not of itself constitute a disciplinary matter for the purposes of section 49 but in any 30 proceedings under Part 5 such a breach may be asserted and may be taken into account in determining any question that arises under that Part. page 67 Nurses and Midwives Bill 2005 Part 7 Codes of practice, rules and regulations s. 101 (5) Except as provided in subsection (4) or the Radiation Safety Act 1975 Part III, no civil or criminal liability attaches to a person by reason only that the person has committed a breach of a code of practice. 5 (6) The Interpretation Act 1984 sections 41, 42, 43 and 44 apply to the code of practice as if the code of practice were regulations. 101. Rules (1) The Board may make rules prescribing all matters required or permitted by this Act to be prescribed by rules or necessary or 10 convenient to be prescribed for carrying out this Act. (2) Without limiting subsection (1), rules may be made for all or any of the following purposes -- (a) prescribing the courses of study and training, including practical experience, to be undertaken, and the 15 examinations to be passed, by persons desiring to be registered under this Act, and determining the qualifications to be held by persons wanting to study nursing or midwifery; (b) regulating the holding of examinations and the 20 appointment of examiners and for the issue of diplomas or certificates to persons passing the examinations; (c) regulating the practice of nursing by an enrolled nurse, nurse practitioner or registered nurse and the manner of carrying on that practice; 25 (d) regulating the practice of midwifery by a midwife and the manner of carrying on that practice; (e) prescribing what diplomas, degrees or certificates of schools of nursing or midwifery or other evidence of qualification will be recognised and accepted by the 30 Board as a substitute for the examinations of the Board, and whether immediately or after further training; page 68 Nurses and Midwives Bill 2005 Codes of practice, rules and regulations Part 7 s. 102 (f) regulating the manner in which nurses or midwives may advertise or display or publicise their practice of nursing or midwifery. (3) A rule made under subsection (1) has no effect unless and until 5 it is confirmed by the Governor. (4) Nothing in subsection (3) affects the operation of the Interpretation Act 1984 Part VI. (5) The rules may provide that contravention of a rule is an offence, and provide, for an offence against the rules, a penalty not 10 exceeding a fine of $5 000. 102. Regulations (1) The Governor may make regulations -- (a) prescribing all matters that are required or permitted by the Act to be prescribed by regulation; and 15 (b) with respect to any matter on which the Board may make rules. (2) Without limiting subsection (1), regulations may be made for all or any of the following purposes -- (a) regulating the meetings and proceedings of, and the 20 conduct of business by, the Board or a committee; (b) making provisions relating to registration, including applications for and the amendment or renewal of registration; (c) maintaining the accuracy of the register; 25 (d) regulating the issue, display and use of certificates of registration; (e) regulating the manner of making to the complaints assessment committee any complaint against or concerning a person who is, or was, registered and who 30 may make such a complaint; (f) regulating the conduct of investigations under Part 5; page 69 Nurses and Midwives Bill 2005 Part 7 Codes of practice, rules and regulations s. 103 (g) regulating the conduct of conciliation conferences under section 79 and the appointment of persons to preside over those conferences; (h) prescribing the fees to be paid for the purposes of this 5 Act and the persons liable for payment; (i) prescribing returns and notices that are to be given to the Board, and the manner in which they are to be given; (j) providing that information supplied to the Board may be required to be verified by statutory declaration. 10 (3) Where a regulation is inconsistent with a rule the regulation prevails to the extent of the inconsistency. (4) The regulations may provide that contravention of a regulation is an offence, and provide, for an offence against the regulations, a penalty not exceeding a fine of $5 000. 15 103. Forms Forms that are convenient for the purposes of this Act may be -- (a) prescribed by the regulations or rules; or (b) approved. page 70 Nurses and Midwives Bill 2005 Miscellaneous Part 8 s. 104 Part 8 -- Miscellaneous 104. Protection (1) An action in tort does not lie against a person for anything that the person has done, in good faith, in the performance or 5 purported performance of a function under this Act. (2) The Crown is also relieved of any liability that it might otherwise have had for another person having done anything as described in subsection (1). (3) The protection given by this section applies even though the 10 thing done as described in subsection (1) may have been capable of being done whether or not this Act had been enacted. (4) In this section, a reference to the doing of anything includes a reference to an omission to do anything. (5) A person who, in relation to any investigation under Part 5 -- 15 (a) performs any function under that Part; or (b) is otherwise concerned in proceedings under that Part, has, in respect of any such function or concern, the same protection and immunity as a member or officer of the Supreme Court, or a witness or party before the Supreme Court, would 20 have in respect of a function or concern of a like nature related to the jurisdiction of the Supreme Court. 105. Notice of decision to be given (1) Subsection (2) applies to the following decisions -- (a) any decision refusing an application to the Board for 25 registration; (b) any decision to impose, or vary, a condition under section 27, 28, 29, 30, 31, 32 or 37(4), otherwise than by consent; (c) any decision under section 30(5); or page 71 Nurses and Midwives Bill 2005 Part 8 Miscellaneous s. 106 (d) any decision to remove a name from the register under section 42. (2) If the Board makes a decision to which this subsection applies, it is to record the grounds on which the decision was based, and 5 its reasons, and is as soon as is practicable, but in any case not later than 30 days after making the decision, to give written notice of the decision, together with those grounds and reasons, to the person to whom the decision relates. 106. Review 10 A person who is aggrieved by -- (a) an order under section 57 or 62; or (b) a decision referred to in section 105(1), may apply to the State Administrative Tribunal for a review of the order or decision. 15 107. Publication of proceedings etc. (1) Subsection (2) applies to the following -- (a) the Board, any member of the Board, the registrar or any officer or delegate of the Board or registrar; (b) any committee or any member of a committee or person 20 referred to in section 16(5); (c) any board or authority outside the State charged with regulating the registration and supervision of nurses or midwives or any officer or agent of, or person engaged or employed by, the board or authority; 25 (d) any journalist for, the proprietor or any person concerned in the publication or operation of, any newspaper or periodical or of any electronic medium. (2) Without limiting the operation of section 104, no action, claim or demand lies against a person to whom this subsection applies 30 in respect of the communication or publication in good faith of any finding, reason or decision of the Board, the complaints assessment committee, the impairment review committee or the State Administrative Tribunal. page 72 Nurses and Midwives Bill 2005 Miscellaneous Part 8 s. 108 (3) The Board may give notice of a finding, reason or decision of the Board, the complaints assessment committee, the impairment review committee or the State Administrative Tribunal in respect of a person to -- 5 (a) any person referred to in subsection (1)(c) or (d); (b) any body that has granted the person a qualification that is entered in the register; (c) any relevant professional association or trade union of which the person is a member; 10 (d) any person who has engaged or employed the person to practise nursing or midwifery or any person with whom the person practises nursing or midwifery in partnership; and (e) any other person who, in the opinion of the Board, 15 should be made aware of the finding, reason or decision, and may publish notice of the finding, reason or decision in the Gazette or in such other manner as the Board thinks fit. 108. Legal proceedings (1) Any proceedings for an offence against this Act may be taken in 20 the name of the Board by the registrar or any other person authorised in that behalf by the Board. (2) All proceedings for offences against this Act are to be heard by a court of summary jurisdiction constituted by a magistrate. (3) In any proceedings no proof is required of -- 25 (a) the appointment of a member or deputy of a member of the Board or a member or a deputy member of a committee; or (b) the authorisation of a person under subsection (1), but an averment in a prosecution notice that the person is so 30 appointed or authorised is to be taken to be proved in the absence of evidence to the contrary. page 73 Nurses and Midwives Bill 2005 Part 8 Miscellaneous s. 109 (4) In all courts and before all persons and bodies authorised to receive evidence, in the absence of evidence to the contrary -- (a) a certificate purporting to be issued on behalf of the Board and stating that a person was or was not 5 registered by the Board, the conditions to which a registration was subject, or that a person's type of registration was suspended, on any day or days or during a period mentioned in the certificate, is evidence of the matters so stated; 10 (b) a copy of or extract from a register or any statement that purports to reproduce matters entered in the register that is certified by the registrar as a true copy, extract or statement, is evidence of the facts appearing in that copy, extract or statement; and 15 (c) judicial notice is to be taken of the fact that a person is the holder of the office of registrar and of the signature of the registrar on a certificate purporting to be issued under paragraph (b). (5) A notice or appointment purporting to be signed by the 20 chairperson or a person referred to in section 51(5)(b) or 52(4)(b) is to be presumed to be duly signed until the contrary is shown. 109. Liability of certain officers of body corporate: offences (1) If a body corporate is charged with an offence under this Act, 25 every person who was an officer of the body corporate at the time of the alleged offence may also be charged with the offence. (2) If a body corporate and an officer are charged as permitted by subsection (1) and the body corporate is convicted of the 30 offence, the officer is to be taken to have also committed the offence, subject to subsection (5). (3) If a body corporate commits an offence under this Act, then, although the body corporate is not charged with the offence, page 74 Nurses and Midwives Bill 2005 Miscellaneous Part 8 s. 110 every person who was an officer of the body corporate at the time the offence was committed may be charged with the offence. (4) If an officer is charged as permitted by subsection (3) and it is 5 proved that the body corporate committed the offence, the officer is to be taken to have also committed the offence, subject to subsection (5). (5) If under this section an officer is charged with an offence it is a defence to prove -- 10 (a) that the offence was committed without the officer's consent or connivance; and (b) that the officer took all the measures to prevent the commission of the offence that he or she could reasonably be expected to have taken having regard to 15 the officer's functions and to all the circumstances. 110. Review of Act (1) The Minister is to carry out a review of the operation and effectiveness of this Act as soon as is practicable after the expiration of 5 years from its commencement, and in the course 20 of that review the Minister is to consider and have regard to -- (a) the effectiveness of the operations of the Board; (b) the need for the continuation of the functions of the Board; and (c) any other matters that appear to the Minister to be 25 relevant to the operation and effectiveness of this Act. (2) The Minister is to prepare a report based on the review made under subsection (1) and as soon as is practicable after the preparation of the report, cause it to be laid before each House of Parliament. 30 111. Nurses Act 1992 repealed The Nurses Act 1992 is repealed. page 75 Nurses and Midwives Bill 2005 Part 8 Miscellaneous s. 112 112. Nurses Rules 1993 repealed The Nurses Rules 1993 are repealed. 113. Transitional and savings provisions Schedule 2 sets out transitional and savings provisions. 5 114. Consequential amendments Schedule 3 sets out consequential amendments. page 76 Nurses and Midwives Bill 2005 Constitution and proceedings of the Board Schedule 1 General provisions Division 1 cl. 1 Schedule 1 -- Constitution and proceedings of the Board [s. 8] Division 1 -- General provisions 1. Term of office 5 (1) Subject to clause 4, a member of the Board holds office for such term, not exceeding 3 years, as is specified in the member's instrument of appointment. (2) Subject to subclause (3), a member of the Board is not to hold office for more than 9 years, consecutively or otherwise. 10 (3) If in the opinion of the Minister there are special reasons for doing so, a person may be appointed so that he or she holds office for more than 9 years, consecutively or otherwise. 2. Functions of deputy presiding member (1) The deputy presiding member is to perform the functions of the 15 presiding member when the presiding member is unable to do so by reason of illness, absence or other cause, or when the office of presiding member is vacant. (2) No act or omission of the deputy presiding member acting as presiding member is to be questioned on the ground that the occasion 20 for his or her so acting had not arisen or had ceased. 3. Deputy members (1) The Minister may appoint an eligible person to be a deputy of a member and may terminate such an appointment at any time. (2) The provisions of section 6 that apply to and in relation to the 25 appointment of a member apply, with any necessary modification, to and in relation to the appointment of the deputy of that member. (3) A deputy of a member may perform the functions of the member when the member is unable to do so by reason of illness, absence or other cause. page 77 Nurses and Midwives Bill 2005 Schedule 1 Constitution and proceedings of the Board Division 1 General provisions cl. 4 (4) Despite anything in this Act, a deputy of a member may continue to act as a member, after the occasion for so acting has ceased, for the purpose of completing any function. (5) A deputy of a member, while acting as a member, has all the 5 functions of and all the protection given to a member. (6) No act or omission of a person acting in place of another under this clause is to be questioned on the ground that the occasion for so acting had not arisen or had ceased. 4. Vacation of office by member 10 (1) A member of the Board may resign from office by notice in writing given to the Minister. (2) A member who resigns under subclause (1) is to give a copy of the notice of resignation to the registrar. (3) A member of the Board may be removed from office by the 15 Minister -- (a) for mental or physical disability, incompetence, neglect of duty or misconduct that impairs the performance of the member's duties; (b) if the member is an insolvent under administration, as that 20 term is defined in the Corporations Act section 9; (c) if the member is absent without leave of the Board from 3 consecutive meetings of the Board of which the member has had notice; or (d) for any other act or omission that in the opinion of the 25 Minister may cause prejudice or injury to the Board. (4) A member of the Board must be removed from office by the Minister if the member ceases to hold a position or qualification by virtue of which the member was appointed or if, in the case of a member who is a nurse or midwife, a type of registration of the member is 30 suspended. 5. General procedure concerning meetings (1) The presiding member is to preside at all meetings of the Board at which he or she is present. page 78 Nurses and Midwives Bill 2005 Constitution and proceedings of the Board Schedule 1 General provisions Division 1 cl. 6 (2) If both the presiding member and deputy presiding member are absent from a meeting the members present are to appoint one of their number to preside. (3) A quorum for a meeting of the Board is 7 members. 5 (4) The procedure for convening meetings of the Board and the conduct of business at those meetings is, subject to this Act, to be as determined by the Board. 6. Voting (1) A decision of the majority of members at a meeting of the Board at 10 which a quorum is present is the decision of the Board. (2) If the votes of members present at a meeting and voting are equally divided the member presiding at the meeting is to have a casting vote in addition to a deliberative vote. 7. Holding meetings remotely 15 The presence of a person at a meeting of the Board need not be by attendance in person but may be by that person and each other person at the meeting being simultaneously in contact by telephone, or other means of instantaneous communication. 8. Resolution without meeting 20 A resolution in writing signed by each member of the Board or assented to by each member by letter, facsimile transmission, electronic mail or other written means has effect as if it had been passed at a meeting of the Board. 9. Minutes 25 The Board is to ensure that an accurate record is kept and preserved of the proceedings at each meeting of the Board and of each resolution passed by the Board. page 79 Nurses and Midwives Bill 2005 Schedule 1 Constitution and proceedings of the Board Division 2 Disclosure of interests etc. cl. 10 Division 2 -- Disclosure of interests etc. 10. Meaning of "member" In this Division -- "member" means a member of the Board or a member or a deputy 5 member of a committee, as the case may be. 11. Disclosure of interests (1) A member who has a material personal interest in a matter being considered or about to be considered by the Board or a committee must, as soon as possible after the relevant facts have come to the 10 member's knowledge, disclose the nature of the interest at a meeting of the Board or the committee. Penalty: $10 000. (2) A disclosure under subclause (1) is to be recorded in the minutes of the meeting. 15 12. Exclusion of interested member (1) A member who has a material personal interest in a matter that is being considered by the Board or a committee -- (a) must not vote, whether at a meeting or otherwise, on the matter; and 20 (b) must not be present while the matter is being considered at a meeting. (2) In subclause (1)(a) or (b) a reference to a matter also refers to a proposed resolution under clause 13 in respect of the matter, whether relating to that member or a different member. 25 13. Board or committee may resolve that clause 12 inapplicable Clause 12 does not apply if the Board or a committee has at any time passed a resolution that -- (a) specifies the member, the interest, and the matter; and (b) states that the members voting for the resolution are satisfied 30 that the interest should not disqualify the member from considering or voting on the matter. page 80 Nurses and Midwives Bill 2005 Constitution and proceedings of the Board Schedule 1 Disclosure of interests etc. Division 2 cl. 14 14. Quorum where clause 12 applies (1) Despite clause 5(3), when the Board is dealing with a matter in relation to which a member of the Board is disqualified under clause 12, 6 members who are entitled to vote on any motion that may 5 be moved in relation to the matter constitute a quorum. (2) The Minister may deal with a matter to the extent that the Board cannot deal with it because of subclause (1). 15. Minister may declare clauses 12 and 14 inapplicable (1) The Minister may by writing declare that clause 12 or 14 does not 10 apply in relation to a specified matter, either generally or for the purpose of dealing with particular proposed resolutions. (2) The Minister is to, within 14 sitting days after a declaration under subclause (1) is made, cause a copy of the declaration to be laid before each House of Parliament. page 81 Nurses and Midwives Bill 2005 Schedule 2 Transitional and savings cl. 1 Schedule 2 -- Transitional and savings [s. 113] 1. Terms used in this Schedule In this Schedule -- 5 "commencement day" means the day on which this Act comes into operation; "liability" means any liability, duty or obligation whether actual, contingent or prospective, liquidated or unliquidated, or whether owed alone or jointly or jointly and severally with any other 10 person; "professional standards committee" means the professional standards committee established under the repealed Act; "register" means the register referred to in the repealed Act section 33; 15 "right" means any right, power, privilege or immunity whether actual, contingent or prospective; "the former Board" means the Nurses Board of Western Australia established under the repealed Act; "the new Board" means the Nurses and Midwives Board of Western 20 Australia established under this Act; "the repealed Act" means the Nurses Act 1992. 2. Interpretation Act 1984 not affected The provisions of this Schedule do not prejudice or affect the application of the Interpretation Act 1984 to and in relation to the 25 repeals effected by sections 111 and 112. 3. The Nurses Registration Board continues (1) The new Board is a continuation of, and the same legal entity as, the former Board and the rights and liabilities of the entity are not affected. 30 (2) If in a written law or other document or instrument there is a reference to the former Board, that reference may, where the context so page 82 Nurses and Midwives Bill 2005 Transitional and savings Schedule 2 cl. 4 requires, be read as if it had been amended to be a reference to the new Board. 4. Board members (1) A member of the former Board ceases to be a member on the 5 commencement day. (2) Six of the members of the new Board as first constituted under this Act are to hold office for such term, not exceeding 18 months, as is specified in the member's instrument of appointment. 5. The registrar and other staff 10 (1) The Registrar of the former Board who held office immediately before the commencement day continues in office, under and subject to this Act, as the registrar of the new Board. (2) The other officers of the former Board who held office immediately before the commencement day continue in office, under and subject to 15 this Act, as officers of the new Board. (3) A person mentioned in subclause (1) or (2) is to be regarded as having been engaged or employed, as is relevant, under this Act. (4) Except as otherwise agreed by a person mentioned in subclause (1) or (2), the remuneration, existing or accrued rights, rights under a 20 superannuation scheme or continuity of service of the person are not affected, prejudiced or interrupted by the operation of subclause (1) or (2) or the repeal of the Nurses Act 1992. (5) The rights under a superannuation scheme of a person who was a Registrar or officer of the former Board are not affected, prejudiced or 25 interrupted by the repeal of the Nurses Act 1992. 6. Persons entered in division 1 of the register (1) A natural person who immediately before the commencement day was entered in division 1 of the register is, on the commencement day, to be taken to be registered under this Act as a registered nurse for the 30 period that, and subject to the same conditions as, applied to that person's registration under division 1 under the repealed Act. page 83 Nurses and Midwives Bill 2005 Schedule 2 Transitional and savings cl. 7 (2) A natural person who immediately before the commencement day was entered in division 1 of the register as having a qualification in midwifery is, on the commencement day, to be taken to be registered under this Act as a midwife. 5 (3) A natural person who immediately before the commencement day was registered under the repealed Act as a nurse practitioner is, on the commencement day, to be taken to be registered under this Act as a nurse practitioner for the period that, and subject to the same conditions as, applied to that person's registration as a nurse 10 practitioner under the repealed Act. (4) If under subclause (1), (2) or (3) a person is to be taken to be registered under this Act, the new Board may within 6 months of the commencement day, by notice in writing to the person, impose the conditions referred to in section 32(2) on the person's registration 15 under this Act. (5) If a natural person was entered in division 1 of the register immediately before the commencement day as a specialty mental health nurse, mental retardation nurse or paediatric nurse, on the commencement day, it is to be taken to be a condition of the person's 20 registration under subclause (1) that the nurse may practise only as a mental health nurse, mental retardation nurse or paediatric nurse. 7. Persons entered in division 2 of the register under the repealed Act section 34(b)(i) (1) A natural person whose name was entered in division 2 of the register 25 under the repealed Act section 34(b)(i) immediately before the commencement day is, on the commencement day, to be taken to be registered under this Act as an enrolled nurse for the period that, and subject to the same conditions as, applied to that person's registration under the repealed Act. 30 (2) Subclause (1) does not apply to a person whose name was entered in division 2 of the register under the repealed Act section 34(b)(i) immediately before the commencement day only as a dental nurse. (3) If under subclause (1) a person is to be taken to be registered under this Act, the new Board may within 6 months of the commencement 35 day, by notice in writing to the person, impose the conditions referred to in section 32(2) on the person's registration under this Act. page 84 Nurses and Midwives Bill 2005 Transitional and savings Schedule 2 cl. 8 (4) If a natural person was entered in division 2 of the register immediately before the commencement day as an enrolled mental health nurse, on the commencement day, it is to be taken to be a condition of the person's registration under subclause (1) that the 5 nurse may practise only as an enrolled mental health nurse. 8. Persons entered in division 2 of the register under the repealed Act section 34(b)(ii) (1) This clause applies to a natural person whose name, immediately before the commencement day, was entered in division 2 of the 10 register under the repealed Act section 34(b)(ii) as a children's nurse (a "children's nurse") or mothercraft nurse (a "mothercraft nurse"). (2) A children's nurse or mothercraft nurse is to be taken to be registered under this Act as an enrolled nurse for the period that, and subject to 15 the same conditions as, applied to that person's registration under the repealed Act. (3) If under subclause (2) a person is to be taken to be registered under this Act as an enrolled nurse, the new Board may within 6 months of the commencement day, by notice in writing to the person, impose the 20 conditions referred to in section 32(2) on the person's registration under this Act. (4) It is to be taken to be a condition of registration as a children's nurse or mothercraft nurse under subclause (2) that the children's nurse or mothercraft nurse may practise only as a children's nurse or 25 mothercraft nurse. 9. Persons granted honorary or temporary registration under the repealed Act A person who immediately before the commencement day was registered under the repealed Act section 25 or 27 is, on the 30 commencement day, to be taken to be registered under section 30 for the period that, and subject to the same conditions as, applied to that person's registration under the repealed Act. page 85 Nurses and Midwives Bill 2005 Schedule 2 Transitional and savings cl. 10 10. Persons granted provisional registration under the repealed Act A person who immediately before the commencement day was registered under the repealed Act section 26 is, on the commencement day, to be taken to be registered under section 29 for the period that, 5 and subject to the same conditions as, applied to that person's registration under the repealed Act. 11. Registered body corporate A body corporate registered under the repealed Act section 24 immediately before the commencement day ceases to be so registered 10 on the commencement day. 12. Register The register kept under the repealed Act section 33 immediately before the commencement day is to be taken to be the register required to be kept under section 38. 15 13. Certificates of registration issued under the repealed Act A certificate of registration in force under the repealed Act immediately before the commencement day is, subject to this Act, to be taken to be a certificate of registration for the purposes of this Act. 14. Restoration of certain names to the register 20 If a natural person's name has been struck off the register under the repealed Act section 69(b), section 37 applies to that person as if the person were a disqualified person as defined in section 37(1). 15. Suspensions If immediately before the commencement day a natural person was 25 suspended under the repealed Act section 69(c), section 83 applies to the suspension as if the person had been suspended under section 81(1)(j). 16. Undertakings under the repealed Act (1) If a person has given an undertaking under a provision of the repealed 30 Act that undertaking is not affected by the repeal of that Act. page 86 Nurses and Midwives Bill 2005 Transitional and savings Schedule 2 cl. 17 (2) If the new Board is satisfied that the person has breached the undertaking before, on or after the commencement day, the Board may deal with the person as if the person had failed to comply with an undertaking given under a provision of this Act. 5 17. Interim orders of the former Board If before the commencement day the former Board had delivered an order under the repealed Act section 59B(1)(c), (d) or (e), on the commencement day the order is to be taken to be an order given on that day under section 57(1)(a), (b) or (c), respectively. 10 18. Investigations If before the commencement day a person appointed under the repealed Act section 60(1)(c) had not furnished a report under the repealed Act section 62, the person is to continue investigating the matter as if he or she had been appointed under Part 5 Division 7 of 15 this Act and the appointing body were the complaints assessment committee. 19. Complaints being dealt with by the former Board If before the commencement day the former Board had received a complaint but had not dealt with it under the repealed Act 20 section 60(1)(a), the complaints assessment committee is to deal with the complaint as if the complaint had been lodged under section 54(2). 20. Matters referred to the professional standards committee If before the commencement day a matter had been referred to the professional standards committee but it had not exercised one or more 25 of the powers conferred on it by the repealed Act section 64, the complaints assessment committee is to deal with the matter as if were a complaint lodged under section 54(2). 21. Matters being dealt with by the presiding member of the former Board 30 If immediately before the commencement day a report had been furnished under the repealed Act section 62 but had not been dealt with by the presiding member of the former Board under the repealed Act section 63, the new Board is to consider the report and its page 87 Nurses and Midwives Bill 2005 Schedule 2 Transitional and savings cl. 22 recommendations and take action in relation to the subject of the report of a kind referred to in section 60(2) or 62. 22. Failure to comply with an order made under the repealed Act If immediately before the commencement day an order made by the 5 former Board or the professional standards committee under the repealed Act was in effect in relation to a natural person, that order is not affected by the repeal of that Act and failure to comply with it before, on or after the commencement day may be dealt with under section 92 as if the order were an order made under section 57 or 62, 10 as the case requires. 23. Codes of practice Despite the repeal of the Nurses Act 1992, the Nurses Code of Practice 2000 and the Nurse Practitioners Code of Practice 2004 issued and in operation under the repealed Act section 9 immediately 15 before the commencement day continue after the commencement day as if they had been issued under section 100. 24. Annual report for part of a year (1) The former Board is to make and submit an annual report as required by the repealed Act section 57, but limited to the period from 30 June 20 preceding the commencement day to the commencement day, and that section applies as if that period were a year. (2) Despite the repeal of the repealed Act and this Schedule, the former Board remains in existence for the purpose of subclause (1) and is entitled to receive from the new Board and its staff such assistance as 25 it may require for the purpose. 25. Powers in relation to transitional provision (1) If there is no sufficient provision in this Schedule for dealing with a transitional matter the Governor may make regulations prescribing all matters that are required, necessary or convenient to be prescribed in 30 relation to that matter. (2) Regulations made under subclause (1) may provide that specific provisions of this Act -- (a) do not apply; or page 88 Nurses and Midwives Bill 2005 Transitional and savings Schedule 2 cl. 25 (b) apply with specific modifications, to or in relation to any matter. (3) Regulations made under subclause (1) must be made within 12 months after the commencement day. 5 (4) If regulations made under subclause (1) provide that a specified state of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the Gazette but not earlier than the commencement day, the regulations have effect according to their terms. 10 (5) In subclause (4) -- "specified" means specified or described in the regulations. (6) If regulations contain a provision referred to in subclause (4), the provision does not operate so as -- (a) to affect in a manner prejudicial to any person (other than the 15 State), the right of that person existing before the day of publication of those regulations; or (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the day of publication of those regulations. page 89 Nurses and Midwives Bill 2005 Schedule 3 Consequential amendments cl. 1 Schedule 3 -- Consequential amendments [s. 114] 1. Blood Donation (Limitation of Liability) Act 1985 amended (1) The amendments in this clause are to the Blood Donation (Limitation 5 of Liability) Act 1985*. [* Reprint 1 as at 1 August 2003. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 39-40.] (2) Section 11(1)(e) is amended by deleting "Nurses Act 1968 as a 10 general nurse" and inserting instead -- " Nurses and Midwives Act 2005 as a registered nurse ". 2. Civil Liability Act 2002 amended (1) The amendments in this clause are to the Civil Liability Act 2002*. [* Act No. 35 of 2002. 15 For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 65.] (2) Section 5PA is amended by deleting paragraph (e) of the definition of "health professional" and inserting the following paragraph instead -- " 20 (e) a midwife or nurse as defined in the Nurses and Midwives Act 2005 section 3; ". 3. Constitution Acts Amendment Act 1899 amended (1) The amendments in this clause are to the Constitution Acts 25 Amendment Act 1899*. [* Reprint 13 as at 18 March 2005. For subsequent amendments see Act Nos. 1 and 2 of 2005.] page 90 Nurses and Midwives Bill 2005 Consequential amendments Schedule 3 cl. 4 (2) Schedule V Part 3 is amended by deleting the item commencing "The Nurses Board" and inserting instead -- " The Nurses and Midwives Board of Western Australia 5 established under the Nurses and Midwives Act 2005. ". 4. Corruption and Crime Commission Act 2003 amended (1) The amendments in this clause are to the Corruption and Crime Commission Act 2003*. 10 [* Reprint 1 as at 5 January 2004. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 96.] (2) Section 54(1) is amended in the definition of "registered nurse" by deleting "means a person registered under Part 3 of the Nurses 15 Act 1992." and inserting instead -- " has the meaning given to that term in section 3 of the Nurses and Midwives Act 2005. ". 20 5. Court Security and Custodial Services Act 1999 amended (1) The amendments in this clause are to the Court Security and Custodial Services Act 1999*. [* Reprint 2 as at 9 September 2005.] (2) Section 3 is amended by deleting the definition of "nurse" and 25 inserting instead -- " "nurse" has the meaning given to "registered nurse" in section 3 of the Nurses and Midwives Act 2005; ". page 91 Nurses and Midwives Bill 2005 Schedule 3 Consequential amendments cl. 6 6. The Criminal Code amended (1) The amendments in this clause are to The Criminal Code*. [* Reprint 12 as at 1 June 2005 (see the Schedule to the Criminal Code Act 1913 appearing as Appendix B to the Criminal Code 5 Compilation Act 1913)]. (2) Section 236(b) is amended by deleting "Nurses Act 1992," and inserting instead -- " Nurses and Midwives Act 2005, ". 7. Criminal Investigation (Identifying People) Act 2002 amended 10 (1) The amendments in this clause are to Criminal Investigation (Identifying People) Act 2002*. [* Act No. 6 of 2002. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 111-2 and Act No. 84 of 15 2004.] (2) Section 52 is amended in the definition of "nurse" by deleting "Part 3 of the Nurses Act 1992;" and inserting instead -- " Part 4 of the Nurses and Midwives Act 2005; ". 8. Firearms Act 1973 amended 20 (1) The amendments in this clause are to Firearms Act 1973*. [* Reprint 4 as at 1 July 2005.] (2) Section 23B(3) is amended in the definition of "registered nurse" by deleting "Part 3 of the Nurses Act 1992." and inserting instead -- " Part 4 of the Nurses and Midwives Act 2005. ". 25 9. Health Act 1911 amended (1) The amendments in this clause are to the Health Act 1911*. [* Reprint 13 as at 15 July 2005.] page 92 Nurses and Midwives Bill 2005 Consequential amendments Schedule 3 cl. 10 (2) Section 3(1) is amended by deleting the definition of "midwife" and inserting instead -- " "midwife" has the meaning given to that term in 5 section 3 of the Nurses and Midwives Act 2005; ". 10. Health Professionals (Special Events Exemption) Act 2000 amended (1) The amendments in this clause are to the Health Professionals 10 (Special Events Exemption) Act 2000*. [* Act No. 7 of 2000.] (2) Section 3(1) is amended in the definition of "Health Registration Act" by deleting "Nurses Act 1992;" and inserting instead -- " Nurses and Midwives Act 2005; ". 15 11. Health Services (Conciliation and Review) Act 1995 amended (1) The amendments in this clause are to the Health Services (Conciliation and Review) Act 1995*. [* Reprint 2 as at 18 March 2005.] (2) Schedule 1 item 4 is deleted and the following item is inserted 20 instead -- " 4. The Nurses and Midwives Board of Western Australia established under the Nurses and Midwives Act 2005. ". 25 12. Juries Act 1957 amended (1) The amendments in this clause are to the Juries Act 1957*. [* Reprint 4 as at 2 September 2005.] page 93 Nurses and Midwives Bill 2005 Schedule 3 Consequential amendments cl. 13 (2) The Second Schedule Part II item 2 is amended by deleting "Nurses registered under the Nurses Act 1968" and inserting instead -- " Midwives and nurses registered under the Nurses and Midwives 5 Act 2005 ". 13. Medical Act 1894 amended (1) The amendments in this clause are to the Medical Act 1894*. [* Reprint 6 as at 12 August 2005.] 10 (2) Section 19 is amended by deleting "Nurses Act 1992" and inserting instead -- " Nurses and Midwives Act 2005 ". (3) Section 21A(2) is amended by deleting "Nurses Act 1992" and inserting instead -- 15 " Nurses and Midwives Act 2005 ". 14. Mental Health Act 1996 amended (1) The amendments in this clause are to the Mental Health Act 1996*. [* Reprint 1 as at 6 August 2004. For subsequent amendments see Western Australian Legislation 20 Information Tables for 2004, Table 1, p. 279.] (2) Section 19(1)(b)(i) is amended by deleting "Nurses Act 1992;" and inserting instead -- " Nurses and Midwives Act 2005; ". 15. Misuse of Drugs Act 1981 amended 25 (1) The amendments in this clause are to the Misuse of Drugs Act 1981*. [* Reprint 3 as at 1 July 2005.] page 94 Nurses and Midwives Bill 2005 Consequential amendments Schedule 3 cl. 16 (2) Section 3(1) is amended in the definition of "nurse practitioner" by deleting "the Nurses Act 1992;" and inserting instead -- " section 3 of the Nurses and Midwives Act 2005; ". 16. Pharmacy Act 1964 amended 5 (1) The amendments in this clause are to the Pharmacy Act 1964*. [* Reprinted as at as at 29 January 1999. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 338.] (2) Section 5(1) is amended in the definition of "dispensing" by deleting 10 "Nurses Act 1992" and inserting instead -- " Nurses and Midwives Act 2005 ". (3) Section 39(3) is amended in the definition of "nurse practitioner" by deleting "the Nurses Act 1992." and inserting instead -- " section 3 of the Nurses and Midwives Act 2005. ". 15 17. Poisons Act 1964 amended (1) The amendments in this clause are to the Poisons Act 1964*. [* Reprint 6 as at 10 September 2004. For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 347.] 20 (2) Section 5(1) is amended in the definition of "nurse practitioner" by deleting "the Nurses Act 1992;" and inserting instead -- " section 3 of the Nurses and Midwives Act 2005; ". (3) Section 61(b)(ia) is amended by deleting "Nurses Board of Western Australia constituted under the Nurses Act 1992;" and inserting 25 instead -- " Nurses and Midwives Board of Western Australia established under the Nurses and Midwives Act 2005; 30 ". page 95 Nurses and Midwives Bill 2005 Schedule 3 Consequential amendments cl. 18 18. Prostitution Act 2000 amended (1) The amendments in this clause are to the Prostitution Act 2000*. [* Reprint 1 as at 22 July 2005.] (2) Section 29(7) is amended in the definition of "registered nurse" by 5 deleting "Part 3 of the Nurses Act 1992." and inserting instead -- " Part 4 of the Nurses and Midwives Act 2005. ". 19. Radiation Safety Act 1975 amended (1) The amendments in this clause are to the Radiation Safety Act 1975*. [* Reprinted as at 25 February 2000. 10 For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 375.] (2) Section 26(2a) is amended as follows: (a) by deleting "Nurses Act 1992" and inserting instead -- " Nurses and Midwives Act 2005 "; 15 (b) by deleting "section 9(1)(c)" and inserting instead -- " section 100(1)(b) ". 20. Road Traffic Act 1974 amended (1) The amendments in this clause are to the Road Traffic Act 1974*. [* Reprint 8 as at 16 July 2004. 20 For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 395-6 and Gazette 27 May 2005 p. 2306-8.] (2) Section 63(7) is amended by deleting "Nurses Act 1992," in both places where it occurs and in each case inserting instead -- 25 " Nurses and Midwives Act 2005, ". page 96 Nurses and Midwives Bill 2005 Consequential amendments Schedule 3 cl. 21 (3) Section 65 is amended by deleting the definition of "registered nurse" and inserting instead -- " "registered nurse" has the meaning given to that term 5 in section 3 of the Nurses and Midwives Act 2005; ". 21. State Administrative Tribunal Act 2004 amended (1) The amendments in this clause are to the State Administrative Tribunal Act 2004*. 10 [* Act No. 54 of 2004 For subsequent amendments see Western Australian Legislation Information Tables for 2004, Table 1, p. 427.] (2) Schedule 1 is amended by deleting "Nurses Act 1992" and inserting instead -- 15 " Nurses and Midwives Act 2005 ". page 97 Nurses and Midwives Bill 2005 Defined Terms Defined Terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined Term Provision(s) adverse finding...........................................................................................84(4) application ....................................................................................................... 3 appointing body.............................................................................................. 72 approved .......................................................................................................... 3 Board............................................................................................................... 3 certificate of registration................................................................................... 3 children's nurse........................................................................... Sch. 2, cl. 8(1) commencement day..........................................................................Sch. 2, cl. 1 committee ........................................................................................................ 3 complainant...................................................................................................... 3 complaint ......................................................................................................... 3 complaints assessment committee..................................................................... 3 condition .......................................................................................................... 3 Corporations Act .............................................................................................. 3 designated area................................................................................................. 3 Director............................................................................................................ 3 disciplinary matter............................................................................................ 3 disqualified person .....................................................................................37(1) document ......................................................................................................... 3 enrolled nurse................................................................................................... 3 impairment....................................................................................................... 3 impairment matter ............................................................................................ 3 impairment review committee........................................................................... 3 information ................................................................................................14(1) insolvent ....................................................................................................46(1) investigator ...................................................................................................... 3 legal practitioner............................................................................................... 3 liability ............................................................................................Sch. 2, cl. 1 medical practitioner.......................................................................................... 3 member.......................................................................................... Sch. 1, cl. 10 member of the Board........................................................................................ 3 midwife............................................................................................................ 3 midwifery ........................................................................................................ 3 mothercraft nurse ........................................................................ Sch. 2, cl. 8(1) nurse ................................................................................................................ 3 nurse practitioner.............................................................................................. 3 nursing............................................................................................................. 3 officer .............................................................................................................. 3 presiding member............................................................................................. 3 page 98 Nurses and Midwives Bill 2005 Defined Terms professional indemnity insurance ................................................................32(1) professional standards committee......................................................Sch. 2, cl. 1 register......................................................................................... 3, Sch. 2, cl. 1 registered ......................................................................................................... 3 registered nurse ................................................................................................ 3 registrar............................................................................................................ 3 registration ....................................................................................................... 3 respondent........................................................................................................ 3 right .................................................................................................Sch. 2, cl. 1 specialist .......................................................................................................... 3 specialty........................................................................................................... 3 specified.....................................................................................Sch. 2, cl. 25(5) student .......................................................................................................87(1) the former Board ..............................................................................Sch. 2, cl. 1 the new Board ..................................................................................Sch. 2, cl. 1 the repealed Act ...............................................................................Sch. 2, cl. 1 type of registration ........................................................................................... 3
[Index] [Search] [Download] [Related Items] [Help]