New South Wales Consolidated Acts

NURSES AND MIDWIVES ACT 1991

- As at 13 December 2007
- Act 9 of 1991

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   2A.     Objects
   3.      Definitions
   3A.     Notes
   4.      Meaning of “professional misconduct” and “unsatisfactory professional conduct”
   4A.     Meaning of “suffer from an impairment”
   4B.     Competence to practise nursing or midwifery
   4C.     References to “complaint”

   PART 2 - REQUIREMENT FOR REGISTRATION OR ENROLMENT

   5.      Unregistered and unenrolled persons not to hold themselves out as registered or enrolled
   5A.     Unauthorised persons not to hold themselves out as nurse practitioners or midwife practitioners
           6, 7. (Repealed)

   PART 3 - NURSES AND MIDWIVES BOARD

   8.      Constitution of the Board
   9.      Membership of the Board
   10.     Functions of Board
   11.     Ministerial control
   12.     Committees
   12A.    Practice Committees
   13.     (Repealed)
   14.     Delegation of functions
   15.     Other provisions relating to the Board

   PART 4 - REGISTRATION AND ENROLMENT

           Division 1 - Register of Nurses and Register of Midwives

   16.     The Registers
   17.     Certificate of registration and authority to practise

           Division 2 - Registration

   18.     Qualifications for registration as a nurse
   19.     Qualifications for registration as a midwife
   19A.    Nurse practitioners
   20.     Midwife practitioners
   21.     Consideration and determination of applications
   22.     Registration of additional qualifications
   23.     Provisional registration
   24.     Temporary registration
   25.     When registration not required

           Division 3 - The Roll of Nurses

   26.     Roll of Nurses

           Division 4 - Enrolment

   27.     Qualifications for enrolment-List “A” of the Roll
   28.     Qualifications for enrolment-List “B” of the Roll
   28A.    Provisional enrolment
   28B.    Temporary enrolment
   28C.    Consideration and determination of application
   29.     Issue of certificate of enrolment

           Division 5 - Supplementary

   29A.    Power to refuse or impose conditions on registration or enrolment
   30.     Effect of discontinuation or other change in registered courses
   31.     Adequacy of language
   32.     Appeals concerning registration or enrolment
   33.     Annual practising fee
   34.     Cancellation of registration and enrolment
   35.     Notice of incapacity
   36.     Effect of cancellation or suspension of registration
   37.     Badges

           Division 6 - Offences

   38.     (Repealed)
   39.     Misrepresentation concerning enrolment
   40.     (Repealed)
   41.     False or misleading entries and statements
   42.     Return of certificate on cancellation of registration, enrolment or authorisation

           Division 7 - Returns and information

   42A.    Annual return to be submitted
   42B.    Notification of convictions, criminal findings and charges
   42C.    Courts to provide information on convictions
   42D.    Application of Criminal Records Act

   PART 4A - PERFORMANCE ASSESSMENT

           Division 1 - Preliminary

   42E.    Meaning of “professional performance”
   42F.    Meaning of “unsatisfactory” in relation to professional performance

           Division 2 - Board may obtain performance assessment

   42G.    Power to obtain assessment
   42H.    Serious matters not to be referred for assessment
   42I.    Persons may notify the Board of professional performance matters
   42J.    Commission may refer professional performance matters to Board

           Division 3 - Assessment of professional performance by assessor

   42K.    How Board obtains an assessment
   42L.    Information to be given to nurse or midwife
   42M.    Report and recommendations by assessor
   42N.    Action that may be taken by Board

           Division 4 - Performance review by Performance Review Panel

   42O.    Performance Review Panel to conduct performance review
   42P.    Performance Review Panel not to take action while Commission investigating
   42Q.    Performance Review Panel must refer certain matters to Board
   42R.    Actions by Performance Review Panel
   42S.    Re-assessment
   42T.    Decision
   42U.    Statement need not contain confidential information

           Division 5 - Other provisions relating to performance assessment

   42V.    Monitoring by Board
   42W.    Other provisions relating to performance assessments

           Division 6 - Performance Review Panels and assessors

   42X.    Performance Review Panels
   42Y.    Decisions of Performance Review Panels
   42Z.    Assessors

           Division 7 - Appeal against actions of Performance Review Panel

   42ZA.   Appeals against decisions of Panel
   42ZB.   Appeals on points of law

   PART 5 - COMPLAINTS AND DISCIPLINARY PROCEEDINGS

           Division 1 - Complaints

   43.     Codes of professional conduct
   44.     Complaints
   45.     Referral or dismissal of complaints by Board
   46.     Role of Health Care Complaints Commission
   47.     (Repealed)
   48.     Suspension etc by Board
   48A.    Special provisions-impairment
   49.     Appeals against suspension etc by Board

           Division 2 - Hearing of complaints by Professional Standards Committees

   50.     Professional Standards Committees
   51.     Constitution of Committees
   52.     Proceedings before a Committee
   53.     Representation before a Committee
   54.     Referral of certain matters to the Tribunal
   55.     Determinations of a Committee
   56.     Decisions of a Committee
   57.     Appeals against decisions of a Committee etc
   58.     Appeals with respect to points of law

           Division 3 - Hearing of matters by the Nurses and Midwives Tribunal

   59.     The Nurses and Midwives Tribunal
   60.     Chairperson and Deputy Chairpersons of the Tribunal
   61.     Proceedings before the Tribunal
   62.     Representation before the Tribunal
   63.     Chairperson or Deputy Chairperson not to review own decisions
   64.     Determinations of the Tribunal
   65.     Suspension orders
   66.     Decisions of the Tribunal
   67.     Appeals against decisions of the Tribunal
   68.     Review of suspension or cancellation of registration or enrolment by the Tribunal
   69.     Inquiries etc where other proceedings
   69A.    Cancelled registrations or enrolments to be publicly available
   69B.    Protection from liability for certain publications
   70.     Giving of information to other Australian registration bodies

           Division 4 - Impairment matters concerning nurses and midwives

   70A.    Referral of impairment matters concerning nurses and midwives
   70B.    Persons may notify Board of impairment matters concerning nurses or midwives
   70C.    Commission may refer impairment matters to Board
   70D.    Panel to inquire into matter referred to it
   70E.    Panel not to take action while Commission is investigating
   70F.    Board to give notice of proposed inquiry
   70G.    Nurse or midwife entitled to make representations
   70GA.   Board may require nurse or midwife to undergo examination
   70H.    Assessment, report and recommendations by Panel
   70I.    Voluntary suspension or conditions on registration or enrolment
   70IA.   Review of conditions
   70J.    Some matters to be dealt with as complaints
   70K.    Confidentiality of Panel’s report to Board
   70L.    Board to consider Panel’s report when assessing application

           Division 5 - Impairment Panels

   70M.    Impairment Panels
   70N.    Board to constitute Panel when required
   70O.    Decisions of Panel

   PART 6 - MISCELLANEOUS

   71.     Written statement of decisions
   72.     Alternative means of giving notices
   73.     Document under hand of Registrar to be prima facie evidence
   74.     Proceedings for offences
   75.     Fees etc
   75A.    Board may waive fees
   76.     Nurses and Midwives Board Education and Research Account
   76A.    Confidentiality of protected reports
   77.     Protection from liability
   77A.    Appointment and powers of inspectors
   77B.    Search warrants
   78.     Regulations
   78A.    Guidelines relating to functions of nurse practitioners and midwife practitioners
   79.     Repeal of Nurses Registration Act 1953 No 10
   80.     Repeal of certain regulations
   81.     Savings and transitional provisions
           SCHEDULE 1
           SCHEDULE 1A
           SCHEDULE 1B
           SCHEDULE 2
           SCHEDULE 2A
           SCHEDULE 3