Queensland Consolidated Acts

NURSING ACT 1992

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   3.      Objective of Act
   4.      Definitions
   5.      Crown bound

           Part 2--Administration

           Division 1--The council and its functions and powers

   6.      Establishment of council etc.
   7.      Council's functions
   8.      Council's powers
   9.      Council's power to be a member of other bodies etc.

           Division 2--Constitution of council

   11.     Council's constitution

           Division 3--Chairperson of council

   12.     Chairperson

           Division 4--Meetings of council

   13.     Times and places of meetings
   14.     Presiding at meetings
   15.     Quorum and voting at meetings
   16.     Conduct of meetings
   16A.    Resolutions without meetings
   16B.    Minutes
   17.     Disclosure of interests

           Division 5--Financial matters

   18.     Funds of council
   18A.    Council is statutory body
   19.     Executive officer to present statement of prospective expenditure

           Division 6--Provisions relating to members other than the executive officer

   20.     Division applies to members other than executive officer
   21.     Appointment
   22.     Duration of appointment
   23.     Terms of appointment
   24.     Member ceasing as member
   25.     Acting member

           Division 7--Provisions relating to the executive officer

   26.     Duties of executive officer
   27.     Appointment of executive officer
   28.     Duration of appointment
   29.     Terms of appointment
   30.     Preservation of rights
   31.     Superannuation for executive officer who was previously an officer of the public service
   32.     Leave of absence
   33.     Resignation
   34.     Executive officer not to engage in other paid employment
   35.     Disclosure of interest by executive officer
   36.     Removal
   37.     Acting executive officer

           Division 8--The staff of the council

   38.     Council's staff
   39.     Terms of employment
   40.     Arrangements relating to staff
   41.     Superannuation schemes
   42.     Superannuation for officers and employees who were previously officers of the public service

           Division 9--Miscellaneous

   42A.    Minister's power to give directions
   43.     Delegation by council
   44.     Delegation by executive officer
   45.     Council's seal
   46.     Judicial notice of certain signatures
   47.     Committees of council

           Part 3--Registration and enrolment

           Division 1--Administration

   48.     The register
   49.     The roll
   50.     Notification of change of particulars
   51.     Particulars of cancellations etc. to be recorded
   52.     Corrections to register or roll etc.
   53.     Inspection of register or roll etc.

           Division 2--Qualifications

   54.     Qualifications for registration or enrolment

           Division 3--Registration and enrolment

   55.     Application for registration or enrolment
   56.     Attendance of applicant before council
   57.     Council may require English examination
   58.     Registration or enrolment
   59.     Refusal of application
   60.     Both registration and enrolment not permitted
   61.     Action to be taken on registration or enrolment
   62.     Nurse must notify council if certificate of registration or enrolment lost or destroyed
   63.     Provisional registration or enrolment
   64.     Temporary registration
   64A.    Suitability to be temporarily registered
   65.     Limited registration or enrolment
   66.     Concerns about condition of applicants and nurses
   67.     Immediate suspension of registration or enrolment by council
   68.     Immediate suspension of registration or enrolment by executive officer
   69.     Review of suspension for health reasons
   70.     Cancellation or suspension of registration and enrolment in certain cases
   71.     Requirements following cancellation or suspension of registration or enrolment
   72.     Restoration of registration or enrolment in certain cases
   73.     Reissue of certificate of registration or enrolment etc.

           Division 4--Annual licence certificates

   74.     Fees for annual licence certificates
   75.     Renewal of annual licence certificate
   76.     Endorsement of annual licence certificates

           Division 5--Authorisation to practise midwifery or nursing

   77.     Authorisation to practise
   77A.    Suitability to practise midwifery or nursing

           Part 3A--Restrictions and holding out

   77B.    Definitions for pt 3A
   77C.    Taking of restricted titles etc.
   77D.    Claims by persons as to registration etc.
   77E.    Claims by persons as to other persons' registration etc.
   77F.    Restrictions on persons with conditional, provisional or limited registration or enrolment
   77G.    Restrictions on persons with conditional authorisation
   77H.    Restrictions on practising nursing
   77I.    Restrictions on caring for a woman in childbirth

           Part 4--Accreditation of nursing courses

           Division 1--Preliminary

   78.     Definitions for pt 4

           Division 2--Accreditation of nursing course

   79.     Application for accreditation
   80.     Late applications
   81.     Criteria for applications
   82.     Protection from liability
   83.     Inquiries into applications
   83A.    Decision
   83B.    Failure to decide applications
   83C.    Period of accreditation
   83D.    Standard condition
   83E.    Conditions
   83F.    Accreditation certificate

           Division 3--Variation of accredited nursing course

   83G.    Application for approval of variation
   83H.    Inquiries into applications
   83I.    Decision
   83J.    Failure to decide applications
   83K.    Refund of fees

           Division 4--Renewal of accreditation

   83L.    Applications for renewal
   83M.    Inquiries into applications
   83N.    Accreditation taken to be in force while application is considered
   83O.    Decision
   83P.    Failure to decide application

           Division 5--Cancellation of accreditation

   83Q.    Ground for cancellation
   83R.    Show cause notice
   83S.    Submissions about show cause notices
   83T.    Ending show cause process without further action
   83U.    Cancellation
   83V.    Return of accreditation certificate to council

           Division 6--Offences relating to accreditation

   83W.    Person must not make false claims in relation to nursing course

           Division 7--General provisions about accreditation

   83X.    Surrender of accreditation
   83Y.    Replacement of accreditation certificates

           Part 5--Professional conduct

           Division 1--Nursing Tribunal

   84.     Continuation of Professional Conduct Committee under the name Nursing Tribunal
   85.     Tribunal's functions
   86.     Tribunal's powers
   87.     Tribunal's constitution
   88.     Tribunal's chairperson
   89.     Appointment
   90.     Duration of appointment
   91.     Terms of appointment
   92.     Member ceasing as a member
   93.     Disclosure of interests
   94.     Acting chairperson
   95.     Arrangement of business
   96.     Constitution of tribunal for particular proceeding
   97.     Member of tribunal ceasing to be available
   98.     Sitting places

           Division 2--When part does not apply

   101.    Action taken because of industrial disputes etc.

           Division 2A--Codes of practice

   101A.   Council may develop or adopt code of practice
   101B.   Inspection of approved codes of practice etc.
   101C.   Use of approved code of practice in disciplinary proceedings

           Division 3--Complaints and investigations

   102.    Who may make complaint about nurse, midwife or other person authorised to practise nursing
   102AA.  Grounds for complaint
   102AB.  How complaint is made
   102AC.  Entity making complaint to reveal identity
   102A.   Action by council on receipt of complaint
   102B.   Referral of complaint to commission
   102C.   Investigation to be undertaken by council
   102D.   Action may be taken in relation to former nurses etc.
   103.    Investigation by council
   103A.   Council to keep commission informed about investigation
   103B.   Council may refer complaint to appropriate entity
   104.    Referral of charge to tribunal

           Division 3A--Grounds for disciplinary action

   104A.   Grounds

           Division 4--Tribunal proceedings

   105.    Proceedings before tribunal
   106.    Powers of tribunal
   107.    Summons to witness
   108.    Duty of witness at inquiry
   109.    Self-incrimination a reasonable excuse
   110.    Inspection of documents
   111.    Obstruction of tribunal etc.
   112.    Removal from tribunal hearing
   113.    Evidence and findings etc. in other proceedings may be received or adopted
   114.    Health assessment
   115.    Determinations of questions before tribunal
   116.    Action by tribunal
   117.    Effect of tribunal's orders
   118.    Notification of tribunal's orders and reasons

           Division 4A--Council to give notice to commission

   118A.   Council to give notice to commission at end of dealing with matter

           Division 5--Health assessments

   119.    Health Assessment Advisory Panel
   120.    Members of Health Assessment Advisory Panel
   121.    Operation of Health Assessment Advisory Panel

           Division 6--Other matters

   121A.   Aiding, abetting etc. conduct that is a ground for disciplinary action

           Part 6--Provisions concerning certain nursing matters

   122.    Application of Act in certain cases
   123.    Employment as a nurse
   124.    Badges

           Part 7--Investigation and enforcement

           Division 1--Inspectors

   125.    Appointment of inspectors
   126.    Identity card for inspectors
   127.    Inspector to produce identity card

           Division 2--Investigation of offences

   128.    Entry and search—monitoring compliance
   129.    Entry and search—evidence of offences
   130.    General powers of inspector in relation to places
   131.    Offence related warrants
   132.    Warrants may be issued by various forms of communication
   133.    Inspector may require name and address
   134.    Notice of seizure and compensation
   135.    Other offences in relation to inspectors

           Division 3--Investigation under section 103

   136.    Powers of inspectors

           Part 8--General

           Division 1--Appeals

   137.    Appeals

           Division 2--Administration

   138.    Holders of office to act honestly and with propriety
   139.    Confidentiality of documents and information
   139A.   Executive officer or council may notify Commissioner for Children and Young People and Child Guardian about particular information
   140.    Supply of information to council
   140A.   Notice of certain convictions to be given to council
   140B.   Notice of certain judgments and settlements to be given to council
   140C.   Notice about certain events to be given to council
   141.    Approval of forms
   142A.   Council may give combined notice
   143.    Penalty for falsifying register or roll etc.
   144.    Penalties and costs to council
   145.    Proceedings generally
   146.    Evidence
   147.    Indemnity
   148.    Regulation-making power

           Part 9--Transitional provisions

           Division 1--Provisions consequential on passing of Nursing Act 1992

   149.    References to certain boards etc.
   150.    Nursing Act 1976 and Nursing Studies Act 1976 references

           Division 2--Provisions for the Health and Other Legislation Amendment Act 1998

   151.    Existing time for notification of change of particulars to continue etc.
   152.    Endorsement to practise as psychiatric nurse

           Division 3--Provisions for the Health Practitioners (Professional Standards) Act 1999

   153.    Transitional for Health Practitioners (Professional Standards) Act 1999

           Division 4--Provision for Health Legislation Amendment Act 2003

   154.    Continuation of Professional Conduct Committee under the name Nursing Tribunal

           Division 5--Provisions for the Health Legislation Amendment Act 2005

   155.    Transitional for Health Legislation Amendment Act 2005

           Division 6--Provisions for the Health Quality and Complaints Commission Act 2006

   156.    Definitions for div 6
   157.    When investigation must be conducted or continued
   158.    Reports to commission on investigation by council
   159.    Continuing requirement for council to give notice to commission
           Endnotes