New South Wales Repealed Acts

This legislation has been repealed.

NURSES AMENDMENT ACT 2003 - SCHEDULE 2

SCHEDULE 2 – Amendment of other Acts

(Section 4)

2.1 - Crimes Act 1900 No 40

[1] Section 45 Prohibition of female genital mutilation

Omit “a person authorised to practise midwifery under the Nurses Act 1991 ” from paragraph (a) of the definition of "authorised professional" in section 45 (7).
Insert instead “a midwife within the meaning of the Nurses and Midwives Act 1991 ”.

[2] Section 45 (7), definition of “authorised professional”

Omit “Nurses Registration Board” from paragraph (b) of the definition.
Insert instead “Nurses and Midwives Board”.

[3] Section 428A Definitions

Omit “a person authorised under the Nurses Act 1991 to practise as a nurse practitioner” from the definition of "self-induced intoxication".
Insert instead “a person authorised under the Nurses and Midwives Act 1991 to practise as a nurse practitioner or a midwife practitioner”.

2.2 - Drug Misuse and Trafficking Act 1985 No 226

[1] Section 3 Definitions

Insert in alphabetical order in section 3 (1):

"midwife" means a registered midwife within the meaning of the Nurses and Midwives Act 1991 .
"midwife practitioner" means a person authorised under the Nurses and Midwives Act 1991 to practise as a midwife practitioner.

[2] Section 3 (1), definition of “nurse”

Omit “ Nurses Registration Act 1953 ”.
Insert instead “ Nurses and Midwives Act 1991 ”.

[3] Section 3 (1), definition of “nurse practitioner”

Omit “ Nurses Act 1991 ”. Insert instead “ Nurses and Midwives Act 1991 ”.

[4] Section 11 Possession of equipment for administration of prohibited drugs

Omit “or nurse” from section 11 (2) (a).
Insert instead “, nurse or midwife”.

[5] Section 15 Forging etc prescriptions

Insert “, midwife practitioner” after “nurse practitioner”.

[6] Section 16 Obtaining etc prescription by false representation

Insert “, midwife practitioner” after “nurse practitioner” in section 16 (a) (i).

[7] Section 17 Obtaining prohibited drug by false representation

Insert “midwife practitioner,” after “nurse practitioner,”.

[8] Section 18 Obtaining prohibited drugs from medical practitioners, nurse practitioners or midwife practitioners

Omit “or nurse practitioner” from the definition of "authorised person" in section 18 (2).
Insert instead “, nurse practitioner or midwife practitioner”.

[9] Section 29 Traffickable quantity-possession taken to be for supply

Insert “midwife practitioner,” after “nurse practitioner,” in section 29 (b).

2.3 - Health Administration Act 1982 No 135

Schedule 2A Health professional boards

Omit the matter relating to the Nurses Registration Board.
Insert instead:

* Nurses and Midwives Board established under the Nurses and Midwives Act 1991

2.4 - Health Care Complaints Act 1993 No 105

[1] Section 4 Definitions

Omit “ Nurses Act 1991 ” from the definition of "health registration Act".
Insert instead “ Nurses and Midwives Act 1991 ”.

[2] Section 40 Opportunity for persons investigated to make submissions

Omit “ Nurses Act 1991 ” from the note to the section.
Insert instead “ Nurses and Midwives Act 1991 ”.

2.5 - Health Professionals (Special Events Exemption) Act 1997 No 90

Section 3 Definitions

Omit “ Nurses Act 1991 ” from the definition of "Health Registration Act".
Insert instead “ Nurses and Midwives Act 1991 ”.

2.6 - Health Services Act 1997 No 154

Section 117 Duty to report certain criminal conduct and disciplinary matters

Omit paragraph (e) of the definition of "relevant health professional registration Act" in section 117 (3).
Insert instead:

(e) in relation to an employee who is employed as a nurse or midwife-the Nurses and Midwives Act 1991 , or

2.7 - Human Tissue Act 1983 No 164

[1] Section 4 Definitions

Omit the definitions of "nurse" and "nursing aide" from section 4 (1).
Insert instead:

"nurse" has the same meaning as in the Nurses and Midwives Act 1991 .

[2] Section 16 Revocation of consent

Omit “or nursing aide” from section 16 (2) (a) (iii).

[3] Section 17 Child no longer in agreement with removal or transplantation

Omit “or nursing aide” from section 17 (1) (a) (iii).

2.8 - Law Enforcement (Powers and Responsibilities) Act 2002 No 103

Schedule 2 Search warrants under other Acts

Insert in alphabetical order:

Nurses and Midwives Act 1991 , section 77B

2.9 - Liquor Act 1982 No 147

Section 6 Application of Act

Omit section 6 (1) (d). Insert instead:

(d) liquor where the sale is for medicinal purposes only and is made by:

(i) a registered medical practitioner, or

(ii) a nurse authorised under the Nurses and Midwives Act 1991 to practise as a nurse practitioner, or

(iii) a midwife authorised under that Act to practise as a midwife practitioner, or

(iv) a pharmacist under the Pharmacy Act 1964 ,

2.10 - Medical Practice Act 1992 No 94

Section 111 Other health care professionals not affected

Insert “registered midwife,” after “registered nurse,” in section 111 (1).

2.11 - Nurses and Midwives Act 1991 No 9

[1] Section 77B Search warrants

Omit “authorised justice” wherever occurring in section 77B (1) and (3).
Insert instead “authorised officer”.

[2] Section 77B (4)

Omit “Part 3 of the Search Warrants Act 1985 ”.
Insert instead “Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 ”.

[3] Section 77B (5)

Omit the subsection. Insert instead:

(5) In this section:
"authorised officer" has the same meaning as in the Law Enforcement (Powers and Responsibilities) Act 2002 .

2.12 - Nursing Homes Act 1988 No 124

Section 3 Definitions

Omit “ Nurses Registration Act 1953 ” from the definition of "registered nurse" in section 3 (1).
Insert instead “ Nurses and Midwives Act 1991 ”.

2.13 - Pharmacy Act 1964 No 48

Section 3 Definitions

Omit the definition of "nurse practitioner" in section 3 (1). Insert instead:

"nurse practitioner" means a person authorised under the Nurses and Midwives Act 1991 to practise as a nurse practitioner or midwife practitioner.

2.14 - Physiotherapists Act 2001 No 67

Section 133 Regulations

Insert after section 133 (2) (n):

(o) infection control standards to be followed by physiotherapists in the practice of physiotherapy.

2.15 - Poisons and Therapeutic Goods Act 1966 No 31

[1] Section 4 Definitions

Insert in alphabetical order in section 4 (1):

"midwife practitioner" means a person authorised under the Nurses and Midwives Act 1991 to practise as a midwife practitioner.

[2] Section 4 (1), definition of “nurse practitioner”

Omit “ Nurses Act 1991 ”. Insert instead “ Nurses and Midwives Act 1991 ”.

[3] Section 8 Poisons List

Insert “midwife practitioners authorised under that section,” after “nurse practitioners authorised under section 17A,” in the matter relating to Schedule One in section 8 (2).

[4] Section 8 (2)

Insert “midwife practitioner authorised to prescribe the substance under that section,” after “nurse practitioner authorised to prescribe the substance under section 17A,” in the matter relating to Schedule Four.

[5] Section 10 Prohibition on supply of certain substances otherwise than by wholesale

Insert as section 10 (2) (a3):

(a3) by a midwife practitioner who is authorised under section 17A to supply the substance in the lawful practice of his or her profession as such, or

[6] Section 10 (4) (a3)

Insert as section 10 (4) (a3):

(a3) by a midwife practitioner who is authorised under section 17A to supply the substance in the lawful practice of his or her profession as such, or

[7] Section 10 (4) (b)

Insert “midwife practitioner,” after “nurse practitioner,”.

[8] Section 10 (4) (c) and (c1)

Insert “, midwife practitioner” after “nurse practitioner” wherever occurring.

[9] Section 11 Restriction on wholesale supply of certain substances

Insert as section 11 (2) (a3):

(a3) a midwife practitioner authorised under section 17A to supply or use, or have possession of, the substance concerned, or

[10] Section 12 Obtaining substances by false representation

Insert as section 12 (2) (a3):

(a3) a midwife practitioner authorised under section 17A to supply or use, or have possession, of, the substance concerned, or

[11] Section 16 Offences relating to prescribed restricted substances

Insert as section 16 (1) (a3):

(a3) the person is a midwife practitioner who is authorised under section 17A to possess the substance and the person obtains possession or attempts to obtain possession of it in the lawful practice of his or her profession,

[12] Section 16 (1) (b)

Insert “midwife practitioner,” after “nurse practitioner,”.

[13] Section 16 (1) (d1)

Insert “, midwife practitioner” after “nurse practitioner”.

[14] Section 16 (2)

Insert “, midwife practitioner” after “nurse practitioner”.

[15] Section 16 (3) (a) (i)

Insert “midwife practitioner,” after “nurse practitioner,”.

[16] Section 16 (5)

Insert “midwife practitioner,” after “nurse practitioner,” wherever occurring.

[17] Section 17 Regulations under Part 3

Insert “, midwife practitioner” after “nurse practitioner” in section 17 (1) (j1).

[18] Section 17A Director-General may authorise nurse practitioners and midwife practitioners to possess, use, prescribe or supply substances

Insert after section 17A (1):

(1A) The Director-General may, by means of a written authorisation, authorise a midwife practitioner, or a class of midwife practitioners, to possess, use, supply or prescribe any poison or restricted substance for the purposes of the practice of a midwife practitioner’s profession.

[19] Section 17A (2)

Omit the subsection. Insert instead:

(2) Such an authority is to be given only if the Director-General approves guidelines, under section 78A of the Nurses and Midwives Act 1991 , that provide for the possession, use, supply or prescription of poisons or restricted substances by nurse practitioners or midwife practitioners and is to be given in accordance with those guidelines.

[20] Section 18A Evidentiary provisions

Insert “midwife practitioner,” after “nurse practitioner,” in section 18A (1) (b).

[21] Section 34 Hawking of poisons and therapeutic goods

Insert “midwife practitioner authorised under that section,” after “nurse practitioner authorised under section 17A,” in paragraph (b) of the definition of "public place" in section 34 (4).

2.16 - Private Hospitals and Day Procedure Centres Act 1988 No 123

Section 3 Definitions

Omit “ Nurses Registration Act 1953 ” from the definition of "registered nurse" in section 3 (1).
Insert instead “ Nurses and Midwives Act 1991 ”.

2.17 - Public Finance and Audit Act 1983 No 152

Schedule 2 Statutory bodies

Omit “Nurses Registration Board”.
Insert instead “Nurses and Midwives Board”.

2.18 - Public Health Act 1991 No 10

[1] Section 10AC Spinal manipulation not to be practised by unregistered person

Omit section 10AC (1). Insert instead:

(1) A person must not engage in spinal manipulation in the course of providing a health service (as defined in the Health Care Complaints Act 1993 ) unless the person:

(a) is a registered chiropractor, or a chiropractic student acting under the appropriate supervision of a registered chiropractor, or

(b) is a registered medical practitioner, or a medical student acting under the appropriate supervision of a registered medical practitioner, or

(c) is a registered osteopath, or an osteopathy student acting under the appropriate supervision of a registered osteopath, or

(d) is a registered physiotherapist, or a physiotherapy student acting under the appropriate supervision of a registered physiotherapist.

Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.

[2] Section 10AD Prescribed electrophysical treatments not to be provided by unregistered person

Omit section 10AD (1). Insert instead:

(1) A person must not provide a prescribed electrophysical treatment in the course of providing a health service (as defined in the Health Care Complaints Act 1993 ) unless the person:

(a) is a registered chiropractor, or a chiropractic student acting under the appropriate supervision of a registered chiropractor, or

(b) is a registered medical practitioner, or a medical student acting under the appropriate supervision of a registered medical practitioner, or

(c) is a registered osteopath, or an osteopathy student acting under the appropriate supervision of a registered osteopath, or

(d) is a registered physiotherapist, or a physiotherapy student acting under the appropriate supervision of a registered physiotherapist, or

(e) is a podiatrist registered under the Podiatrists Act 1989 , or a podiatry student acting under the appropriate supervision of such a podiatrist.

Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.

[3] Section 10AG

Insert as section 10AG:

10AG Restrictions on certain birthing practices

(1) A person must not engage in a restricted birthing practice unless the person is:

(a) a registered midwife under the Nurses and Midwives Act 1991 , or

(b) a medical practitioner, or

(c) a medical student, or a registered nurse under the Nurses and Midwives Act 1991 , acting under the appropriate supervision of a registered midwife under that Act or of a medical practitioner, or

(d) a midwifery student acting under the appropriate supervision of a registered midwife under the Nurses and Midwives Act 1991 .

Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.

(2) Proceedings for an offence against this section may be instituted within 12 months after the act or omission alleged to constitute the offence.

(3) This section does not apply to the rendering of assistance to a woman who is giving birth to a child where the assistance is rendered in an emergency.

(4) For the purpose of ascertaining whether the provisions of this section are being complied with, an authorised officer has and may exercise all the functions that the authorised officer has under the officer’s Act for the purpose of ascertaining whether a provision of that Act is being complied with, and for that purpose:

(a) those functions of the authorised officer under the officer’s Act apply in respect of premises on which a person engages in a restricted birthing practice in the same way as those functions apply in respect of premises on which a person engages in professional practice under the officer’s Act, and

(b) those functions of the authorised officer under the officer’s Act apply in respect of the engaging in a restricted birthing practice in the same way as they apply in respect of professional practice engaged in under the officer’s Act, and

(c) the provisions of the officer’s Act with respect to the functions of an authorised officer (including any provision that creates an offence in connection with the functions of an authorised officer) extend to apply in respect of the exercise of functions of an authorised officer under this section.

(5) In this section:
"authorised officer" means an inspector or authorised person under any of the following Acts:

(a) Nurses and Midwives Act 1991 ,

(b) Medical Practice Act 1992 .

"medical student" has the same meaning as in the Medical Practice Act 1992 .
"officer’s Act", in relation to an authorised officer, means the Act under which the authorised officer is appointed as an inspector, authorised officer or authorised person.
"restricted birthing practice" means the care of a pregnant woman involving the management of the 3 stages of labour and child birth.

[4] Section 42E Definitions

Omit paragraph (b) of the definition of "health practitioner".
Insert instead:

(b) a registered nurse within the meaning of the Nurses and Midwives Act 1991 , or a registered midwife within the meaning of that Act, or

2.19 - Search Warrants Act 1985 No 37

Section 10 Definitions

Insert in the definition of "search warrant" in alphabetical order of Acts:

section 77B of the Nurses and Midwives Act 1991 ,

2.20 - Shops and Industries Act 1962 No 43

Section 89A Sale of medicinal or surgical goods

Insert “or a midwife practitioner” after “nurse practitioner” in section 89A (a).