New South Wales Consolidated Acts

PRIVATE HOSPITALS AND DAY PROCEDURE CENTRES ACT 1988 - SECT 41

41 Chief nurse of establishment

(1) The licensee of an establishment shall not conduct the establishment unless:

(a) there is a person who carries out the duties of chief nurse of the establishment and who is responsible for the care of the patients in the establishment, and

(b) that person is a registered nurse and holds the prescribed qualifications that are applicable to a chief nurse of the establishment.

Maximum penalty: 20 penalty units.

(2) The licensee of an establishment is not guilty of an offence under subsection (l) merely because, from time to time (not exceeding at any one time the number of days prescribed for the purposes of this subsection), there is no person who is a registered nurse, who holds the prescribed qualifications that are applicable to the chief nurse of the establishment and who carries out the duties of chief nurse of the establishment.

(3) Except as may be provided by the regulations, the licensee of an establishment shall notify the Secretary in writing of the full name and the qualifications of the person who carries out the duties of chief nurse of the establishment.

Maximum penalty: 5 penalty units.

(4) A notification under subsection (3):

(a) shall be given before the person to whom it relates commences to carry out the duties of chief nurse or, if that is not practicable, immediately after that time, and

(b) shall be accompanied by such particulars as may be prescribed.

(5) Nothing in this Act prevents the licensee of an establishment (being a natural person) from carrying out the duties of chief nurse of the establishment if the licensee is qualified to carry out those duties.

(6) It shall be a defence to a prosecution for an offence arising under this section if the person charged proves that the person took all such steps as are reasonable in the circumstances to avoid being guilty of the offence.