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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Nurses (Amendment) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. Definitions 2
4. Information with applications 3
5. Registration 4
6. New section 8B inserted 5
8B. Endorsement of registration for nurse practitioners 5
7. Conditions, limitation or restrictions on endorsement 7
8. Entitlement of applicant for endorsement to make submissions 7
9. Notification about endorsement 8
10. Application for renewal of endorsement 8
11. New section 13A inserted 9
13A. Restoration of name to register 9
12. Refusal to renew registration or endorsement 9
13. New section 14A inserted 10
14A. Special qualifications or training 10
14. Effect of suspension of endorsement 10
15. Endorsement obtained by fraud 11
16. Consequential amendment 11
17. Register and evidence 11
18. Certificates 12
19. New section 19A inserted 12
19A. Provision of information 13
20. Complaints 14
21. Health Services Commissioner 14
22. New section 24 inserted 14
24. Investigations and hearings on the Board's motion 14
23. Suspension of registration 15
24. Suspension of endorsement 15
25. Preliminary investigations into health of nurse 15
26. Outcome of preliminary investigation 15
27. Request for suspension of registration or endorsement or
conditions etc to be imposed 15
28. Revocation of suspension or conditions etc on endorsement 16
29. Immediate suspension of endorsement 16
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Clause Page
30. Determinations of informal hearings 16
31. Panels 16
32. Findings and determinations at formal hearings 17
33. New section 49A inserted 17
49A. Investigation may continue even if person no longer
registered 18
34. New section 49B inserted 19
49B. Employees of the Board 19
35. Removal of suspension, condition or limitation 19
36. Notification of determinations 19
37. Offence to publish information identifying nurse 19
38. VCAT 20
39. Nurse practitioners 20
40. Offence to provide unendorsed nurse practitioners 21
41. New sections 64A to 64D inserted 21
64A. Advertising 21
64B. Advertising guidelines 23
64C. Power of the courts to require corrective advertising 24
64D. Exemptions 24
42. Functions of Board 25
43. Membership of the Board 26
44. New sections 75A and 75B inserted 27
75A. Resolutions without meetings 27
75B. Approved methods of communication for Board 28
45. Nurse practitioner advisory committee must be established 29
46. New section 88 substituted and sections 88A to 88D inserted 31
88. Identification 31
88A. Powers of entry with warrant 32
88B. Announcement before entry 34
88C. Copy of warrant to be given to occupier 34
88D. Copies or receipts to be given 34
47. Regulations 35
48. New definition inserted in Drugs, Poisons and Controlled
Substances Act 1981 35
49. Authorisation under Drugs, Poisons and Controlled
Substances Act 1981 35
50. Amendments to Drugs, Poisons and Controlled Substances
Act 1981 relating to drug-dependent persons 36
51. Offences--section 35 of Drugs, Poisons and Controlled
Substances Act 1981 39
52. Regulations under Drugs, Poisons and Controlled Substances
Act 1981 40
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Clause Page
53. Consequential amendments to Chinese Medicine Registration
Act 2000 41
ENDNOTES 42
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PARLIAMENT OF VICTORIA
Initiated in Assembly 25 October 2000
As amended in Assembly 16 November 2000
A BILL
to make miscellaneous amendments to the Nurses Act 1993 and to
amend the Drugs, Poisons and Controlled Substances Act 1981 and
for other purposes.
Nurses (Amendment) Act 2000
The Parliament of Victoria enacts as follows:
1. Purposes
The main purposes of this Act are to make
miscellaneous amendments to the Nurses Act
1993 and to amend the Drugs, Poisons and
5 Controlled Substances Act 1981.
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Act No.
2. Commencement
(1) Section 1 and this section come into operation on
the day after the day on which this Act receives
the Royal Assent.
5 (2) Subject to sub-section (3), the remaining
provisions of this Act, come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 November 2001,
10 it comes into operation on that day.
3. Definitions
See:
In section 3(1) of the Nurses Act 1993-- Act No.
111/1993.
(a) in the definition of "unprofessional conduct", Reprint No. 2
in paragraph (c) after sub-paragraph (iii) as at
17 September
15 insert-- 1998
and
"; or amending
Act Nos
(iv) in the case of a nurse practitioner, an 62/1998 and
offence as a nurse practitioner under 18/2000
LawToday:
any other Act or regulations;"; www.dms.
dpc.vic.
20 (b) in the definition of "unprofessional conduct", gov.au
after paragraph (c) insert--
"; or
(d) professional conduct which is of a
lesser standard than that which might
25 reasonably be expected of a registered
nurse by her or his peers; or
(e) providing a person with nursing
services of a kind that is excessive,
unnecessary or not reasonably required
30 for that person's well-being; or
(f) influencing or attempting to influence
the conduct of a nurse's practice in such
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a way that patient care may be
compromised; or
(g) the failure to act as a nurse when
required under an Act or regulations to
5 do so; or
(h) the contravention of or failure to
comply with a condition, limitation or
restriction on the registration or
endorsement of registration of the nurse
10 imposed by or under this Act.".
(c) insert the following definitions--
' "endorsement" means endorsement of
registration as a nurse practitioner
under section 8B;
15 "professional indemnity insurance" means
insurance against civil liability in
connection with the practice of nursing;
"nurse practitioner" means a nurse whose
registration has been endorsed in
20 accordance with section 8B;'.
4. Information with applications
(1) In section 5 of the Nurses Act 1993, for sub-
section (2) substitute--
"(2) An application must be--
25 (a) in writing in the prescribed form; and
(b) accompanied by--
(i) evidence of the qualifications
which the applicant claims entitle
her or him to the type of
30 registration applied for; and
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(ii) the information referred to in
section 19A; and
(iii) the fee fixed by the Board.".
(2) In section 5(3) of the Nurses Act 1993, after
5 paragraph (c) insert--
"; and
(d) may require the applicant to provide
evidence that the applicant is or will be
covered by professional indemnity insurance
10 that meets the minimum terms and
conditions set out in guidelines of the
Board.".
5. Registration
(1) In section 7(2) of the Nurses Act 1993, after
15 paragraph (g) insert--
"(h) that, in the opinion of the Board, the nurse
does not have adequate arrangements for
professional indemnity insurance that meet
the minimum terms and conditions set out in
20 the guidelines of the Board.".
(2) After section 9(1) of the Nurses Act 1993
insert--
"(1A) Without limiting the Board's powers under
sub-section (1) it may impose a condition--
25 (a) that--
(i) the nurse must hold professional
indemnity insurance; or
(ii) the nursing care provided by the
nurse must be covered by
30 professional indemnity insurance;
or
(iii) the nurse must be specified or
referred to in professional
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indemnity insurance, whether by
name or otherwise, as a person to
whom the professional indemnity
insurance extends even though the
5 nurse is not a party to the
professional indemnity insurance;
and
(b) that the professional indemnity
insurance must meet the minimum
10 terms and conditions set out in the
guidelines of the Board.".
(3) For section 13(1) of the Nurses Act 1993
substitute--
"(1) An application for renewal of registration
15 must be--
(a) made to the Board before the existing
registration expires; and
(b) accompanied by the information
referred to in section 19A; and
20 (c) accompanied by the fee determined by
the Board.
(1A) The Board may require an applicant to
provide evidence that the applicant will be
covered by professional indemnity insurance
25 that meets the minimum terms and
conditions set out in guidelines of the
Board.".
6. New section 8B inserted
Before section 9 of the Nurses Act 1993 insert--
30 "8B. Endorsement of registration for nurse
practitioners
(1) If the Board is satisfied that a nurse
registered under Division 1, 3 or 4 of the
Register has satisfactorily completed a
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course of study and undertaken clinical
experience that, in the opinion of the Board,
qualifies the nurse to use the title nurse
practitioner, the Board may endorse the
5 registration of the nurse and specify in the
endorsement the category or categories of
nurse practitioner recognised by the Board
with respect to which the nurse practitioner
is qualified to use the title.
10 (2) If the Board is satisfied that a registered
nurse referred to in sub-section (1) has
satisfactorily completed a course of study
which, in the opinion of the Board, qualifies
the nurse to obtain and have in her or his
15 possession and to use, sell or supply the
Schedule 2, 3, 4 and 8 poisons within the
meaning of the Drugs, Poisons and
Controlled Substances Act 1981 that are
prescribed under that Act with respect to a
20 category of nurse practitioner, the Board
may endorse the registration of the nurse
with that category of nurse practitioner.
(3) An applicant for registration as a nurse under
Division 1, 3 or 4 of the Register or a nurse
25 registered under Division 1, 3 or 4 of the
Register may apply to the Board for an
endorsement under this section.
(4) An application must be--
(a) in writing in the prescribed form and
30 accompanied by evidence of the
qualifications and clinical experience
which the applicant claims qualify her
or him for the endorsement applied for;
and
35 (b) accompanied by the fee determined by
the Board.
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(5) The Board--
(a) may require the applicant to provide
further information or material in
respect of the application; and
5 (b) may require that the information in the
application be verified by a declaration
under section 107 of the Evidence Act
1958.
(6) The Board must ensure that, if any category
10 of nurse practitioner is recognised by the
Board for the purposes of endorsement of
registration as a nurse practitioner under this
section, the category of nurse practitioner is
notified in the Government Gazette and in
15 any relevant publication circulating among
nurses generally.
(7) The endorsement of the registration of the
nurse or nurse practitioner continues in force
for the period that the registration is in
20 force.".
7. Conditions, limitation or restrictions on endorsement
In section 9 of the Nurses Act 1993 after
"registration" (where three times occurring) insert
"or endorsement of registration".
25 8. Entitlement of applicant for endorsement to make
submissions
In section 10 of the Nurses Act 1993--
(a) after "registration" insert "or endorsement of
registration";
30 (b) for "on an application" substitute "on the
registration or endorsement of registration".
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9. Notification about endorsement
In the Nurses Act 1993--
(a) in section 11(1) after "registration" (where
twice occurring) insert "or endorsement of
5 registration";
(b) in section 11(2) after paragraph (b) insert--
"; or
(c) if the endorsement of registration has
been granted--
10 (i) the category of nurse practitioner
that the nurse's registration is
endorsed for; and
(ii) whether or not any conditions,
limitations or restrictions have
15 been imposed on the endorsement
of registration and, if so, the
reasons for imposing the
conditions, limitations or
restrictions; or
20 (d) if the endorsement of registration has
not been granted--
(i) the reasons why it has not been
granted; and
(ii) a statement that the applicant has
25 a right to obtain a review of the
decision not to grant endorsement
of registration.".
10. Application for renewal of endorsement
After section 13(1A) of the Nurses Act 1993
30 insert--
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"(1B) If an application for renewal relates to a
registration that is endorsed under
section 8B, the applicant may include an
application to have the endorsement of
5 registration renewed for the period of
registration.".
11. New section 13A inserted
After section 13 of the Nurses Act 1993 insert--
"13A. Restoration of name to register
10 If a person whose name has been removed
from the register under section 13(3)--
(a) applies to the Board within 2 years
from the date of that removal to have
her or his name restored to the register
15 and the renewal of the registration; and
(b) pays to the Board the fee fixed by the
Board for those purposes within that
period--
the Board may restore that person's name to
20 the register and renew the registration in
accordance with this Part until 31 December
next following that renewal.".
12. Refusal to renew registration or endorsement
At the end of section 14 of the Nurses Act 1993
25 insert--
"(2) The Board must not refuse to renew the
registration of a nurse under sub-section
(1)(b) unless the Board has--
(a) notified the nurse of its intention; and
30 (b) given the nurse an opportunity to make
a submission to the Board or to provide
written submissions from any registered
nurse about the nurse's nursing
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s. 13
14
Act No.
experience or competence in nursing;
and
(c) considered those submissions.".
13. New section 14A inserted
5 After section 14 of the Nurses Act 1993 insert--
"14A. Special qualifications or training
(1) The Board, from time to time, may recognise
any qualification or training that the Board
considers to be relevant to the practise of
10 nursing in addition to those approved for
registration.
(2) An applicant for registration or a registered
person may apply to the Board to have
particulars of any qualification or training
15 that is recognised by the Board, in addition
to those approved for registration, noted on
the register against the name of that nurse.
(3) An application must be in writing and be
accompanied by the fee (if any) for the
20 application fixed by the Board together with
evidence of the qualifications or training that
the applicant wants to have noted on the
register in addition to the qualifications
approved for registration purposes.
25 (4) The Board must publish a list of the
qualifications and training recognised under
this section at least once a year in a
publication circulating among nurses
generally and make the list available for
30 inspection during normal business hours at
the office of the Board without charge.".
14. Effect of suspension of endorsement
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At the end of section 15 of the Nurses Act 1993
insert--
"(2) For the purposes of this Act and the Drugs,
Poisons and Controlled Substances Act
5 1981, a nurse practitioner whose
endorsement of registration is suspended is
deemed not to have her or his registration
endorsed for the period of that suspension.".
15. Endorsement obtained by fraud
10 (1) In section 16(1) of the Nurses Act 1993 after
"registration" (wherever occurring) insert "or
endorsement of registration".
(2) In section 16(4) of the Nurses Act 1993 for
"withdraw" substitute "cancel".
15 (3) After section 16(4) of the Nurses Act 1993
insert--
"(5) If, at the end of the hearing, the Board
determines that the endorsement of
registration of the nurse has been obtained
20 by fraud or misrepresentation or that the
qualifications upon which the nurse has
relied for endorsement of registration have
been withdrawn, the Board must cancel the
endorsement of registration of the nurse.".
25 16. Consequential amendment
For the heading to Division 2 of Part 2 of the
Nurses Act 1993 substitute--
"Division 2--Other requirements".
17. Register and evidence
30 In the Nurses Act 1993--
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(a) in section 17(3), before paragraph (c)
insert--
"(bb) details of any endorsement under
section 8B;";
5 (b) in section 19 after paragraph (b) insert--
"; or
(c) the registration of the nurse is or is not
or was or was not, at any specified date,
endorsed under section 8B".
10 18. Certificates
(1) In section 18(2) of the Nurses Act 1993 after
paragraph (b) insert--
"; and
(ba) details of any endorsement under
15 section 8B;".
(2) After section 18(3) of the Nurses Act 1993
insert--
"(4) If the Board notifies a nurse of any
condition, limitation or restriction it has
20 imposed on the nurse's registration or
endorsement of registration, the nurse must
return the current certificate of registration to
the Board within 28 days of that notice for
notation of that condition, limitation or
25 restriction on the certificate.
Penalty: 10 penalty units.".
19. New section 19A inserted
After section 19 of the Nurses Act 1993, insert--
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"19A. Provision of information
(1) If a person has claimed damages or other
compensation from a registered nurse or the
employer of a registered nurse for alleged
5 negligence of the registered nurse in the
course of providing nursing care, the nurse
must provide the Board with information
about the amount of damages or other
compensation the nurse or the employer is
10 ordered by a court to pay within 30 days
after the order is made.
(2) Sub-section (1) does not apply if--
(a) the amount is less than the amount
fixed by the Board for the purposes of
15 this section; or
(b) the court orders that the terms of the
order should not be disclosed.
(3) If a registered nurse has in respect of an
indictable offence--
20 (a) been committed for trial; or
(b) been convicted or found guilty of the
offence--
the nurse must notify the Board within
30 days after that committal for trial,
25 conviction or finding of guilt.
(4) An applicant for registration or renewal of
registration as a nurse must ensure that
details of any of the matters required to be
notified by sub-section (1) or (3) are set out
30 in the application.
(5) The Board, by notice published in the
Government Gazette, may fix an amount of
damages or compensation referred to in this
section.".
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20. Complaints
At the end of section 20 of the Nurses Act 1993
insert--
"(2) A person may make a complaint to the Board
5 about the conduct of a person who is no
longer a registered nurse if--
(a) that person was a registered nurse at the
time when the conduct was alleged to
have occurred; and
10 (b) the complaint is made within 2 years
after the nurse ceased to be registered.
(3) The Board may accept a complaint made
more than 2 years after a nurse ceased to be
registered if the Board considers that it is
15 necessary to do so to protect the public.".
21. Health Services Commissioner
In section 21(1) of the Nurses Act 1993 for
"about a registered nurse" substitute "referred to
in section 20".
20 22. New section 24 inserted
For section 24 of the Nurses Act 1993
substitute--
"24. Investigations and hearings on the Board's
motion
25 (1) The Board, of its own motion, may
determine to conduct a preliminary
investigation into the professional conduct of
a registered nurse.
(2) The Board, of its own motion, may
30 determine to conduct a formal or informal
hearing into the professional conduct of a
registered nurse with or without conducting a
preliminary investigation.
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(3) If the Board determines to conduct a
preliminary investigation into the
professional conduct of a registered nurse
under sub-section (1), sections 22(3) and 23
5 apply to that investigation.".
23. Suspension of registration
In section 25(1) of the Nurses Act 1993--
(a) for "upon" substitute "after";
(b) in paragraph (a) omit "into a complaint made
10 to the Board".
24. Suspension of endorsement
In section 25(1) and (2) of the Nurses Act 1993
after "registration" insert "or endorsement of
registration".
15 25. Preliminary investigations into health of nurse
In the Nurses Act 1993--
(a) in section 26 after "members" insert "or an
officer employed by the Board";
(b) in sections 27(1) and 29(1) for "member of
20 the Board" substitute "person".
26. Outcome of preliminary investigation
In section 30(1)(b) and (c) of the Nurses Act
1993 after "registration" insert "or endorsement
of registration".
25 27. Request for suspension of registration or endorsement
or conditions etc to be imposed
In section 32 of the Nurses Act 1993--
(a) in sub-section (1) after "registration" insert
"or endorsement of registration or to suspend
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the nurse's registration or endorsement of
registration";
(b) in sub-sections (2) and (3) for "the
condition" substitute "the suspension or the
5 condition".
28. Revocation of suspension or conditions etc on
endorsement
In section 33 of the Nurses Act 1993 after
"registration" (wherever occurring) insert "or
10 endorsement of registration".
29. Immediate suspension of endorsement
In section 34 of the Nurses Act 1993 after
"registration" (wherever occurring) insert "or
endorsement of registration".
15 30. Determinations of informal hearings
In section 41(2) of the Nurses Act 1993, after
paragraph (c) insert--
"(d) that the nurse undertake further education of
the kind stated in the determination and
20 complete it within the period specified in the
determination.".
31. Panels
(1) In sections 38 and 45 of the Nurses Act 1993, for
sub-section (2) substitute--
25 "(2) If--
(a) the Board is unable to appoint a panel
because there are not enough members
available to sit on it; or
(b) the Board is of the opinion that a
30 person with special expertise is
required for the hearing--
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the President or, in the absence of the
President, the Deputy President may fill the
vacant positions on the panel by appointing
persons who are not members of the Board
5 from a list of persons approved by the
Governor in Council under sub-section (4).".
(2) After sections 38(3) and 45(3) of the Nurses Act
1993 insert--
"(4) The Governor in Council, on the
10 recommendation of the Minister, may
approve persons who are not members of the
Board to be available to be appointed to a
panel under sub-section (2).".
(3) After section 47(d) of the Nurses Act 1993
15 insert--
"; and
(e) the panel may determine that any
information that might enable the registered
nurse who is the subject of the hearing to be
20 identified must not be published or broadcast
prior to the making of a final determination
if the panel considers it necessary to do so to
avoid prejudicing the administration of
justice or for any other reason in the interests
25 of justice.".
32. Findings and determinations at formal hearings
(1) In section 48(2)(e), (g) and (h) and (5) of the
Nurses Act 1993 after "registration" insert "or
endorsement of registration".
30 (2) In section 49(2)(a) and (b) of the Nurses Act
1993 after "registration" insert "or endorsement
of registration".
33. New section 49A inserted
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After the heading to Division 4 of Part 3 of the
Nurses Act 1993 insert--
"49A. Investigation may continue even if person
no longer registered
5 (1) The Board may--
(a) conduct an investigation into a
complaint referred to in section 20(2)
and make a finding or determination
under this Part;
10 (b) conduct a hearing and make a finding
or determination under this Part in
relation to a complaint referred to in
section 20(2)--
as if the person referred to in that complaint
15 were a registered nurse.
(2) The Board may--
(a) conduct or continue to conduct an
investigation into the professional
conduct of a person who is no longer a
20 registered nurse but who was a
registered nurse at the time the conduct
is alleged to have occurred or the Board
had determined to conduct an
investigation into the conduct and make
25 a finding or determination under this
Part;
(b) conduct or continue to conduct a
hearing and make a finding or
determination under this Part in relation
30 to a person who is no longer a
registered nurse but who was a
registered nurse at the time the Board
had determined to conduct the
hearing--
35 as if the person were a registered nurse.".
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34. New section 49B inserted
Before section 50 of the Nurses Act 1993
insert--
"49B. Employees of the Board
5 If a person employed by the Board under
section 77 makes a complaint under this Act,
that person must not conduct a preliminary
investigation into the matter and is not
eligible to be appointed to a panel to conduct
10 a hearing into the matter but otherwise is
subject to the provisions of this Act applying
to or in relation to complainants.".
35. Removal of suspension, condition or limitation
In section 53(1) and (2) of the Nurses Act 1993
15 after "registration" insert "or endorsement of
registration".
36. Notification of determinations
In section 55(1)(a), (b) and (c) of the Nurses Act
1993, after "registration" insert "or endorsement
20 of registration".
37. Offence to publish information identifying nurse
In section 56A of the Nurses Act 1993--
(a) after paragraph (b) insert--
"; or
25 (c) if the panel has made a determination
prohibiting the publication or broadcast
of the identity of the registered nurse
prior to the making of a final
determination, that nurse to be
30 identified prior to the making of the
final determination";
(b) for "or witness" substitute ", witness or
nurse".
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38. VCAT
(1) in section 58(1)(a), (b) and (c) of the Nurses Act
1993 after "registration" (wherever occurring)
insert "or endorsement of registration".
5 (2) In section 59 of the Nurses Act 1993 after
"decision"(wherever occurring) insert ", finding".
39. Nurse practitioners
(1) In section 60(1) of the Nurses Act 1993, after
paragraph (b) insert--
10 '; or
(c) take or use the title of "nurse practitioner" or
any other title calculated to induce a belief
that the person is a nurse practitioner; or
(d) claim to be registered under this Act with
15 endorsement as a nurse practitioner or hold
herself or himself out as being so registered.'.
(2) At the end of section 62 of the Nurses Act 1993,
insert--
'(2) A registered nurse whose registration is not
20 endorsed under section 8B must not--
(a) take or use the title of "nurse
practitioner" or any other title
calculated to induce a belief that the
person is a nurse practitioner; or
25 (b) claim to be a nurse practitioner or hold
herself or himself out as being a nurse
practitioner.
Penalty: 50 penalty units.
(3) A registered nurse whose registration is not
30 endorsed under section 8B with respect to a
particular category of nurse practitioner must
not--
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(a) take or use any title calculated to
induce a belief that the nurse is a nurse
practitioner whose registration is
endorsed with respect to that category
5 of nurse practitioner; or
(b) claim to be a nurse practitioner whose
registration is endorsed with respect to
that category of nurse practitioner or
hold herself or himself out as being a
10 nurse practitioner whose registration is
endorsed with respect to that category
of nurse practitioner.
Penalty: 50 penalty units.'.
40. Offence to provide unendorsed nurse practitioners
15 After section 63(2) of the Nurses Act 1993
insert--
"(3) A nurse's agent must not arrange for a person
who is not a nurse practitioner to work as a
nurse practitioner.
20 Penalty: 50 penalty units.
(4) A nurse's agent must not arrange for a nurse
practitioner to work in contravention of the
terms of that nurse practitioner's
endorsement of registration.
25 Penalty: 50 penalty units.".
41. New sections 64A to 64D inserted
After section 64 of the Nurses Act 1993, insert--
"64A. Advertising
(1) A person must not advertise nursing services
30 in a manner which--
(a) is or is intended to be false, misleading
or deceptive; or
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(b) offers a discount, gift or other
inducement to attract patients to a nurse
or a nurse's services unless the
advertisement also sets out the terms
5 and conditions of that offer; or
(c) refers to, uses or quotes from
testimonials or purported testimonials;
or
(d) creates an unreasonable expectation of
10 beneficial treatment.
Penalty: 50 penalty units for a natural
person or 100 penalty units for a
body corporate.
(2) If a body corporate contravenes sub-section
15 (1), any person who is concerned in or takes
part in the management of that body
corporate who was, in any way, by act or
omission, directly or indirectly, knowingly
concerned in or party to the commission of
20 the offence also commits an offence under
sub-section (1) and is liable for the penalty
applicable to a natural person for that
offence.
(3) A person who, in good faith, publishes or
25 prints an advertisement which contravenes
sub-section (1) on behalf of another person,
is not guilty of an offence under that sub-
section.
(4) Despite section 26 of the Magistrates'
30 Court Act 1989, proceedings for an offence
against this section may be commenced
within 3 years after the commission of the
alleged offence.
(5) A person who advertises nursing services in
35 a manner otherwise than in compliance with
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this section is guilty of a continuing offence
and may be convicted in respect of each day
on which the offence continues.
64B. Advertising guidelines
5 (1) The Governor in Council may, on the
recommendation of the Board, by notice
published in the Government Gazette, issue
guidelines about the minimum standards
acceptable to the Board for or with respect to
10 the advertising of nursing services.
(2) The Board must consult with any person
nominated by the Minister in formulating
guidelines for the purposes of this section.
(3) The Board must ensure that any guidelines
15 that it has formulated for recommendation to
the Governor in Council have been notified
with a request for public comment in the
Government Gazette, a newspaper
circulating generally throughout Victoria and
20 in any professional magazine, newsletter or
journal circulating amongst nurses in
Victoria at least 60 days before the
recommendation is given to the Governor in
Council.
25 (4) The Board must have regard to any
comments received pursuant to a notice
under this section in making a
recommendation to the Governor in Council.
(5) The Board must have regard to any
30 guidelines issued by the Governor in Council
under this section.
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(6) A court may have regard to any guidelines
issued by the Governor in Council under this
section.
64C. Power of the courts to require corrective
5 advertising
If, on the application of the Minister, a court
is satisfied that there has been a
contravention of section 64A, the court may
make either or both of the following
10 orders--
(a) an order requiring any person involved
in the contravention to disclose any
information which is in the person's
possession or to which the person has
15 access, which is information or of a
class of information specified in the
order--
(i) to the public or any person or
class of persons specified in the
20 order; and
(ii) in the manner specified in the
order;
(b) an order requiring any person involved
in the contravention to publish an
25 advertisement in the terms specified or
determined in accordance with the
order--
(i) at the expense of the person; and
(ii) in the manner and at the times
30 specified in the order.
64D. Exemptions
Nothing in section 60 or 62 applies to the
giving or performance of any nursing advice,
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service or attendance by a person registered
as a nurse under the law in force in another
State or Territory or New Zealand--
(a) in an emergency if no registered nurse
5 is available; or
(b) if the person is acting in accordance
with that registration for the purpose of
assisting with tissue removal or
transplantation in accordance with the
10 Human Tissue Act 1982; or
(c) if the person is acting in accordance
with that registration for the purpose of
assisting with a patient who is being
transported into or out of Victoria for
15 medical treatment.".
42. Functions of Board
(1) In section 66(1) of the Nurses Act 1993, after
paragraph (c) insert--
"(ca) to endorse the registration of nurses who
20 comply with the requirements of this Act as
to endorsement of registration;".
(2) In section 66(1) of the Nurses Act 1993, after
paragraph (e) insert--
"(ea) to determine the categories of nurse
25 practitioner for the purposes of endorsement
under section 8B;
(eb) to accredit courses of study or recognise
clinical experience that provides competence
for each category of nurse practitioner for
30 which registration may be endorsed under
section 8B;".
(3) In section 66(1) of the Nurses Act 1993, for
paragraph (h) substitute--
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"(h) to issue and publish codes for the guidance
of registered nurses about standards
recommended by the Board relating to the
practise of nursing;
5 (ha) to issue and publish guidelines about the
minimum terms and conditions of
professional indemnity insurance for
registered nurses;".
(4) After section 66(3) of the Nurses Act 1993
10 insert--
"(4) The Board must notify registered nurses
about any codes proposed to be made under
sub-section (1)(h) and call for and consider
any submissions from registered nurses
15 about the proposed codes before issuing and
publishing those codes.
(5) In exercising its functions under sub-section
(1)(ea) and (eb) in relation to categories of
nurse practitioner for which a nurse's
20 registration can be endorsed under section
8B(2), the Board must have regard to the
advice of the nurse practitioner advisory
committee established under section 79.".
43. Membership of the Board
25 In section 67(2) of the Nurses Act 1993, for
paragraph (a) substitute--
"(a) 9 must be nurses registered under this Act of
whom--
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(i) one must be registered in Division 1 of
the Register;
(ii) 2 must be registered in Division 2 of
the Register and at least one of those
5 must be a person who, at the time of
nomination, is a person employed in
aged care services;
(iii) one must be registered in Division 3 of
the Register or be a registered nurse
10 with qualifications in psychiatric
nursing;
(iv) one must, at the time of nomination, be
employed as a director of nursing in a
rural or regional hospital;
15 (v) one must, at the time of nomination, be
employed as a director of nursing in a
metropolitan hospital;
(vi) one must, at the time of nomination, be
employed as a charge nurse;
20 (vii) one must, at the time of nomination, be
employed as a grade 2 clinical nurse
specialist;
(viii) one must, at the time of nomination, be
employed as or have experience as a
25 nursing academic or educator; and".
44. New sections 75A and 75B inserted
After section 75 of the Nurses Act 1993 insert--
"75A. Resolutions without meetings
(1) If--
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(a) the Board has taken reasonable steps to
give notice to each member setting out
the terms of a proposed resolution; and
(b) a majority of the members for the time
5 being sign a document containing a
statement that they are in favour of the
resolution in the terms set out in the
document--
a resolution in those terms is deemed to have
10 been passed at a meeting of the Board held
on the day on which the document is signed
or, if the members referred to in
paragraph (b) do not sign it on the same day,
on the day on which the last of those
15 members signs the document.
(2) If a resolution is, under sub-section (1),
deemed to have been passed at a meeting of
the Board, each member must as soon as
practicable be advised of the matter and
20 given a copy of the resolution.
(3) For the purposes of sub-section (1), 2 or
more separate documents containing a
statement in identical terms, each of which is
signed by one or more members, are deemed
25 to constitute one document.
(4) The majority of members referred to in sub-
section (1)(b) must not include a member
who, because of section 75, is not entitled to
vote on the resolution.
30 (5) This section does not apply to any resolution
of the Board relating to a matter being
considered under Part 3.
75B. Approved methods of communication for
Board
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(1) If not less than two-thirds of the members of
the Board for the time being holding office
so agree, a meeting of the Board may be held
by means of a method of communication, or
5 by means of a combination of methods of
communication, approved by the President
of the Board for the purposes of that
meeting.
(2) For the purposes of this Part, a member of
10 the Board who participates in a meeting held
as permitted by sub-section (1) is present at
the meeting even if he or she is not
physically present at the same place as
another member participating in the meeting.
15 (3) This section--
(a) applies to a meeting or a part of a
meeting;
(b) does not apply to a meeting conducted
for the purposes of Part 3.".
20 45. Nurse practitioner advisory committee must be
established
(1) After section 79(2) of the Nurses Act 1993
insert--
"(3) The Board must establish a nurse practitioner
25 advisory committee to advise the Board
about the following--
(a) the categories of nurse practitioner for
which a nurse's registration may be
endorsed under section 8B(2);
30 (b) the curriculum, content and standard of
courses of study that provide
competence for each category of nurse
practitioner for which registration may
be endorsed under section 8B(2);
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(c) the content and standard of clinical
experience that provide competence for
each category of nurse practitioner for
which registration may be endorsed
5 under section 8B(2);
(d) the clinical practice guidelines for nurse
practitioners whose registration is
endorsed in a category of nurse
practitioner under section 8B(2);
10 (e) the Schedule 2, 3, 4 and 8 poisons
within the meaning of the Drugs,
Poisons and Controlled Substances
Act 1981 that nurse practitioners whose
registration is endorsed in a category of
15 nurse practitioner under section 8B(2)
should be authorised to obtain and have
in her or his possession and use, sell or
supply under that Act;
(f) the requirements for the on-going
20 education of nurse practitioners whose
registration is endorsed in a category of
nurse practitioner under section 8B(2).
(4) A nurse practitioner advisory committee may
advise the Board about any other matter
25 relating to the endorsement of registration of
nurses under section 8B(2) or about nurse
practitioners whose registration is endorsed
under that sub-section.".
(2) At the end of section 80 of the Nurses Act 1993
30 insert--
"(2) Without limiting sub-section (1), the
members of a committee appointed for the
purposes of section 79(3) must include--
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(a) a registered medical practitioner with
expertise in clinical pharmacology;
(b) unless paragraph (c) applies--
(i) a registered nurse with clinical
5 expertise relevant to nurse
practitioners or a category of
nurse practitioner;
(ii) a registered medical practitioner
with clinical expertise relevant to
10 nurse practitioners or a category
of nurse practitioner;
(c) if the committee is considering a matter
relating to a particular category of
nurse practitioner--
15 (i) a registered medical practitioner
with clinical expertise relevant to
that category of nurse practitioner;
(ii) a registered nurse with clinical
expertise relevant to that category
20 of nurse practitioner;
(d) an academic or educator in
pharmacology;
(e) a nursing academic or educator.".
46. New section 88 substituted and sections 88A to 88D
25 inserted
For section 88 of the Nurses Act 1993
substitute--
"88. Identification
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(1) The Board must issue an identification card
to each person appointed by the Board to
apply for or execute search warrants for the
purposes of this Act.
5 (2) A person appointed by the Board must, in
the course of performing her or his functions
under this Act, produce her or his
identification card to any person who
requests its production.
10 88A. Powers of entry with warrant
(1) A person appointed for that purpose by the
Board may apply to a magistrate for the issue
of a search warrant in relation to particular
premises if that person believes, on
15 reasonable grounds--
(a) that there is or has been a contravention
of this Act or the regulations on the
premises; or
(b) that entry into or onto the premises is
20 necessary for the purpose of
investigating a complaint made under
this Act which, if substantiated, may
provide grounds for the suspension or
cancellation of registration or
25 endorsement of registration of a nurse.
(2) If a magistrate is satisfied by evidence on
oath, whether oral or by affidavit, that there
are reasonable grounds for suspecting that
there is on the premises a particular thing
30 that may be evidence of the commission of
an offence against this Act or the regulations
or of grounds for the suspension or
cancellation of the registration or
endorsement of registration of a nurse, the
35 magistrate may issue a search warrant
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authorising any person named in the
warrant--
(a) to enter the premises or the part of the
premises named or described in the
5 warrant; and
(b) to search for and seize a thing named or
described in the warrant; and
(c) to bring the thing before the Court so
that the matter may be dealt with
10 according to law.
(3) In addition to any other requirement, a
search warrant issued for the purposes of this
section must state--
(a) the offence or grounds of suspension or
15 cancellation suspected; and
(b) the premises to be searched; and
(c) the name or a description of the thing to
be searched for; and
(d) any conditions to which the warrant is
20 subject; and
(e) whether entry is authorised to be made
at any time or during stated hours; and
(f) a day, not later than 7 days after the
issue of the warrant, on which the
25 warrant ceases to have effect.
(4) A search warrant must be issued in
accordance with the Magistrates' Court Act
1989 and in a form prescribed under that
Act.
30 (5) The rules to be observed with respect to
search warrants mentioned in the
Magistrates' Court Act 1989 extend and
apply to warrants under this section.
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88B. Announcement before entry
(1) Immediately before executing a search
warrant, a person named in the warrant must
announce that he or she is authorised by the
5 warrant to enter the premises.
(2) The person need not comply with sub-
section (1) if she or he believes on
reasonable grounds that immediate entry to
the premises is required to ensure the safety
10 of any person or that the effective execution
of the search warrant is not frustrated.
88C. Copy of warrant to be given to occupier
If the occupier or another person who
apparently represents the occupier is present
15 at premises when a search warrant is being
executed, the person or persons named in the
warrant must--
(a) identify themselves to that person by
producing their identification card for
20 inspection by that person; and
(b) give to that person a copy of the
execution copy of the warrant.
88D. Copies or receipts to be given
(1) If a person seizes--
25 (a) a document, disk or tape or other thing
that can be readily copied; or
(b) a storage device the information in
which can be readily copied--
under a warrant the person, on request by the
30 occupier, must give a copy of the thing or
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information to the occupier as soon as
practicable after the seizure.
(2) If a person seizes a thing under a warrant and
has not provided a copy of the thing or
5 information under sub-section (1) the person
must provide a receipt for that thing as soon
as practicable after the seizure.".
47. Regulations
In section 93(1)(a) of the Nurses Act 1993, after
10 "registration" (wherever occurring) insert "or
endorsement of registration".
48. New definition inserted in Drugs, Poisons and
Controlled Substances Act 1981
See: In section 4(1) of the Drugs, Poisons and
Act No.
15 Controlled Substances Act 1981 insert the
9719.
Reprint No. 5 following definition--
as at
31 December
' "nurse practitioner" means a nurse practitioner
1998
within the meaning of the Nurses Act 1993
and
amending
whose registration has been endorsed in
Act Nos
20 accordance with section 8B of that Act as
12/1999,
26/1999,
being qualified to obtain and have in her or
18/2000 and
his possession and to use, sell or supply
S.R. Nos
107/1999 and
Schedule 2, 3, 4 or 8 poisons that are
85/2000.
prescribed under this Act;'.
LawToday:
www.dms.
dpc.vic.
gov.au
25 49. Authorisation under Drugs, Poisons and Controlled
Substances Act 1981
(1) In section 13(1) of the Drugs, Poisons and
Controlled Substances Act 1981, after
paragraph (b) insert--
30 "(ba) any nurse practitioner is hereby authorised to
obtain and have in his or her possession and
to use, sell or supply any Schedule 2, 3, 4 or
8 poison prescribed in the regulations in
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relation to the category of nurse practitioner
specified in the endorsement of that nurse
practitioner's registration in the lawful
practice of his or her profession as a nurse
5 practitioner in the category for which he or
she is endorsed; and".
(2) After section 13(2) of the Drugs, Poisons and
Controlled Substances Act 1981 insert--
"(2AA) Sub-section (1)(ba) shall not be construed as
10 authorising a nurse practitioner referred to in
that paragraph to sell or supply any Schedule
2, 3, 4 or 8 poison by retail in an open shop
unless the nurse practitioner is licensed
under this Act to do so.".
15 50. Amendments to Drugs, Poisons and Controlled
Substances Act 1981 relating to drug-dependent
persons
(1) In section 33 of the Drugs, Poisons and
Controlled Substances Act 1981--
20 (a) in sub-section (1), after "medical
practitioner" insert "or nurse practitioner";
(b) in sub-section (2)--
(i) after "Schedule 9 poison" (where first
occurring) insert "or nurse practitioner
25 who considers it may be necessary to
administer, supply or prescribe any
Schedule 8 poison";
(ii) after "Schedule 9 poison" (where
secondly occurring) insert ", or in the
30 case of a nurse practitioner, a
Schedule 8 poison,";
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(c) in sub-section (3) after "Schedule 9 poison"
insert "or nurse practitioner who has
administered, supplied or prescribed any
Schedule 8 poison".
5 (2) In section 33(5) of the Drugs, Poisons and
Controlled Substances Act 1981--
(a) after "Schedule 9 poison" (where first
occurring) insert "and a nurse practitioner
administers, supplies or prescribes a
10 Schedule 8 poison";
(b) for paragraphs (a), (b) and (c) substitute--
"(a) in the case of--
(i) a registered medical practitioner,
he or she actually administers,
15 supplies or prescribes that
Schedule 8 poison or Schedule 9
poison for that period; or
(ii) a nurse practitioner, he or she
actually administers, supplies or
20 prescribes that Schedule 8 poison
for that period; or
(b) in the case of--
(i) a registered medical practitioner,
he or she supplies a quantity or
25 quantities of a Schedule 8 poison
or Schedule 9 poison to the patient
and instructs the patient to take
the drug for that period; or
(ii) a nurse practitioner, he or she
30 supplies a quantity or quantities of
a Schedule 8 poison to the patient
and instructs the patient to take
the drug for that period; or
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(c) in the case of--
(i) a registered medical practitioner,
he or she prescribes for the patient
a quantity or quantities of a
5 Schedule 8 poison or Schedule 9
poison which, if taken in
accordance with the prescription,
would be taken for that period; or
(ii) a nurse practitioner, he or she
10 prescribes for the patient a
quantity or quantities of a
Schedule 8 poison which, if taken
in accordance with the
prescription, would be taken for
15 that period.".
(3) In section 34(1) of the Drugs, Poisons and
Controlled Substances Act 1981--
(a) after "registered medical practitioner" insert
"or nurse practitioner";
20 (b) in paragraph (a) for "to administer"
substitute "in the case of a registered
medical practitioner, to administer";
(c) after paragraph (a) insert--
"(ab) in the case of a nurse practitioner, to
25 administer, prescribe or supply any
Schedule 8 poison to or for a drug-
dependent person; or";
(d) in paragraph (b) for "to administer"
substitute "in the case of a registered
30 medical practitioner, to administer";
(e) after paragraph (b) insert--
"; or
(c) in the case of a nurse practitioner, to
administer, prescribe or supply any
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Schedule 8 poison to or for any person,
other than a drug-dependent person, for
a continuous period greater than
8 weeks.".
5 51. Offences--section 35 of Drugs, Poisons and
Controlled Substances Act 1981
(1) After section 35(1) of the Drugs, Poisons and
Controlled Substances Act 1981 insert--
"(1A) A nurse practitioner must not at any time
10 administer, supply or prescribe any Schedule
8 poison to or for any person he or she has
reason to believe to be a drug-dependent
person unless the nurse practitioner holds a
permit issued by the Secretary pursuant to
15 section 34(1).
Penalty: 100 penalty units.".
(2) After section 35(2) of the Drugs, Poisons and
Controlled Substances Act 1981 insert--
"(2AA) A nurse practitioner must not at any time
20 administer, supply or prescribe any Schedule
8 poison to or for any person, other than a
drug-dependent person, during a continuous
period greater than 8 weeks unless the nurse
practitioner holds a permit issued by the
25 Secretary pursuant to section 34(1).
Penalty: 100 penalty units.".
(3) In section 35(2A) of the Drugs, Poisons and
Controlled Substances Act 1981--
(a) after "sub-section (2)" insert "or sub-section
30 (2AA)";
(b) after "medical practitioner" (where first
occurring) insert "or a nurse practitioner";
(c) in paragraph (b) after "medical practitioner"
insert "or the nurse practitioner".
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(4) After section 35(3) of the Drugs, Poisons and
Controlled Substances Act 1981 insert--
"(4) A nurse practitioner granted a permit under
this Division must not administer, supply or
5 prescribe any Schedule 8 poison to or for one
of his or her patients for a continuous
period--
(a) other than that specified in the permit;
or
10 (b) in excess of the quantity specified in
the permit.
Penalty: 100 penalty units.".
52. Regulations under Drugs, Poisons and Controlled
Substances Act 1981
15 (1) In section 129 of the Drugs, Poisons and
Controlled Substances Act 1981--
(a) in sub-section (1)(a), after "registered
optometrists," insert "nurse practitioners,";
(b) in sub-section (1)(aa) after "registered
20 optometrists," insert "nurse practitioners";
(c) in sub-section (2) after "registered
optometrist," insert "nurse practitioner,".
(2) In section 130 of the Drugs, Poisons and
Controlled Substances Act 1981, for
25 paragraph (c) substitute--
"(c) as unprofessional conduct within the
meaning and for the purposes of the Nurses
Act 1993.".
(3) After section 132(f) of the Drugs, Poisons and
30 Controlled Substances Act 1981 insert--
"(g) prescribing the Schedule 2, 3, 4 or 8 poisons
that a nurse practitioner or category of nurse
practitioner is authorised to obtain and have
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in his or her possession and to use, sell or
supply;".
(4) In section 132 of the Drugs, Poisons and
Controlled Substances Act 1981--
5 (a) in paragraph (k) after "medical
practitioners," insert "nurse practitioners,";
(b) in paragraph (q), after "registered
optometrist," insert "nurse practitioner,";
(c) in paragraph (z), after "medical
10 practitioners," insert "nurse practitioners,";
(d) in paragraph (za), after "medical
practitioner," insert "nurse practitioner,";
(e) in paragraph (zc), after "medical
practitioner," insert "nurse practitioner,".
15 53. Consequential amendments to Chinese Medicine
Registration Act 2000
Act No. In the Schedule to the Chinese Medicine
18/2000.
Registration Act 2000--
(a) in item 4.1--
20 (i) for endorse (wherever occurring)
substitute "note";
(ii) for "an endorsement" (wherever
occurring) substitute "a notation";
(iii) for "the endorsement" substitute "the
25 notation";
(b) in items 4.2 and 4.3 for "endorsement"
substitute "notation";
(c) in item 4.4 for endorse substitute "note".
30
41
541125B.A1-17/11/2000 BILL LA AS SENT 17/11/2000
Nurses (Amendment) Act 2000
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
42
541125B.A1-17/11/2000 BILL LA AS SENT 17/11/2000
Nurses (Amendment) Act 2000
Act No.
43
541125B.A1-17/11/2000 BILL LA AS SENT 17/11/2000
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