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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Nurses and Midwives Bill 2005
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used in this Act 2
4. Application 5
Part 2 -- Nurses and Midwives
Board and committees
Division 1 -- The Board
5. Board established 6
6. Membership of Board 6
7. Presiding member and deputy presiding member 7
8. Constitution and proceedings 7
9. Remuneration and allowances 7
Division 2 -- Functions and powers
10. Functions 7
11. Powers 8
12. Delegation by Board 8
Division 3 -- Relationship of Board with
Minister
13. Directions by Minister 8
14. Minister to have access to information 9
Division 4 -- Committees
15. Committees 10
16. Provisions relating to committees 11
Division 5 -- Registrar and other staff
17. Registrar 11
18. Other staff 12
103--1 page i
Nurses and Midwives Bill 2005
Contents
Division 6 -- General
19. Duty not to make improper use of information 12
20. Meetings and minutes of meetings 12
21. Execution of documents by Board 13
Part 3 -- Finance and reports
22. Funds of the Board 15
23. Accounts 15
24. Audit 16
25. Annual report and other reports 16
Part 4 -- Registration of nurses and
midwives
Division 1 -- Registration
26. Natural persons may be registered 18
27. Registration as an enrolled nurse, midwife or
registered nurse 18
28. Registration as a nurse practitioner 19
29. Provisional registration 20
30. Conditional registration as an enrolled nurse,
midwife, nurse practitioner or registered nurse at
the discretion of the Board 21
31. Registration as specialists 23
32. Professional indemnity insurance 24
33. Application 25
34. Effect of registration 25
35. Duration of registration 26
36. Renewal of registration 26
37. Application for registration by a person whose type
of registration has been cancelled under
section 81(1)(i) 27
Division 2 -- The register
38. The register 27
39. Inspection of register 28
40. Certificate of registration 29
41. Voluntary removal from register and cancellation
of registration 29
42. Removal of name and cancellation of registration
of person in certain circumstances 29
43. Effect of removal of name from register 30
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Nurses and Midwives Bill 2005
Contents
Division 3 -- Notifications to Board
44. Change of address 30
45. Loss of qualifications 31
46. Insolvency 31
47. Civil or criminal proceedings 31
48. Information about professional indemnity
insurance 32
Part 5 -- Disciplinary and
impairment matters
Division 1 -- Preliminary
49. Disciplinary matters 33
50. Impairment matters 33
Division 2 -- Committees
51. Complaints assessment committee 34
52. Impairment review committee 34
53. Deputy member of the complaints assessment
committee or the impairment review committee 35
Division 3 -- Complaints
54. Complaints 36
55. Complaints assessment committee to determine
action required 37
56. Complaints assessment committee may reject
certain complaints 38
Division 4 -- Summary orders of Board
57. Interim orders by Board 38
58. Complaint dealt with summarily to be referred to
the State Administrative Tribunal 40
59. Complaint not dealt with summarily to be referred
to relevant committee 40
Division 5 -- Disciplinary matters
60. Investigation and recommendation 40
61. Role of Board 41
62. Alternative to making allegation to the State
Administrative Tribunal 42
Division 6 -- Impairment matters
63. Request by nurse or midwife for imposition of
condition 43
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Nurses and Midwives Bill 2005
Contents
64. Revocation of condition 44
65. Investigation 44
66. Nurse or midwife to be notified about investigation 44
67. Examination 44
68. Report of examination 45
69. Role of the impairment review committee 46
70. Recommendation 47
71. Role of Board 47
Division 7 -- Investigator's role and powers
72. Interpretation 48
73. Investigator 48
74. Report of investigator 48
75. Powers of investigator 49
76. Warrant to enter premises 51
77. Issue of warrant 52
78. Execution of warrant 52
Division 8 -- Conciliation
79. Conciliation process 53
80. Action if conciliation fails 54
Division 9 -- Role of the State Administrative
Tribunal
81. Powers of the State Administrative Tribunal on
dealing with a disciplinary matter 54
82. Powers of the State Administrative Tribunal on
dealing with an impairment matter 56
Division 10 -- Miscellaneous
83. Suspension 57
84. Costs and recovery 57
Part 6 -- Offences
85. Persons who may practise nursing or midwifery or
a specialty 59
86. Persons who may be employed or engaged to
practise nursing or midwifery or a specialty 59
87. Exceptions to sections 85 and 86 60
88. Use of titles or pretending to be registered 61
89. Name in which practice may be carried on 61
90. Unlawful delegation by registered person 62
91. Undue influence 62
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Nurses and Midwives Bill 2005
Contents
92. Failure to comply with disciplinary action 63
93. False or misleading information 63
94. Offences in relation to investigation 64
95. Obstruction of investigator 65
96. Assistance to execute warrant 65
97. Surrender of certificate 65
98. Incriminating information, questions, or documents 66
99. Legal professional privilege 66
Part 7 -- Codes of practice, rules and
regulations
100. Codes of practice 67
101. Rules 68
102. Regulations 69
103. Forms 70
Part 8 -- Miscellaneous
104. Protection 71
105. Notice of decision to be given 71
106. Review 72
107. Publication of proceedings etc. 72
108. Legal proceedings 73
109. Liability of certain officers of body corporate:
offences 74
110. Review of Act 75
111. Nurses Act 1992 repealed 75
112. Nurses Rules 1993 repealed 76
113. Transitional and savings provisions 76
114. Consequential amendments 76
Schedule 1 -- Constitution and
proceedings of the Board
Division 1 -- General provisions
1. Term of office 77
2. Functions of deputy presiding member 77
3. Deputy members 77
4. Vacation of office by member 78
5. General procedure concerning meetings 78
6. Voting 79
7. Holding meetings remotely 79
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Nurses and Midwives Bill 2005
Contents
8. Resolution without meeting 79
9. Minutes 79
Division 2 -- Disclosure of interests etc.
10. Meaning of "member" 80
11. Disclosure of interests 80
12. Exclusion of interested member 80
13. Board or committee may resolve that clause 12
inapplicable 80
14. Quorum where clause 12 applies 81
15. Minister may declare clauses 12 and 14
inapplicable 81
Schedule 2 -- Transitional and
savings
1. Terms used in this Schedule 82
2. Interpretation Act 1984 not affected 82
3. The Nurses Registration Board continues 82
4. Board members 83
5. The registrar and other staff 83
6. Persons entered in division 1 of the register 83
7. Persons entered in division 2 of the register under
the repealed Act section 34(b)(i) 84
8. Persons entered in division 2 of the register under
the repealed Act section 34(b)(ii) 85
9. Persons granted honorary or temporary registration
under the repealed Act 85
10. Persons granted provisional registration under the
repealed Act 86
11. Registered body corporate 86
12. Register 86
13. Certificates of registration issued under the
repealed Act 86
14. Restoration of certain names to the register 86
15. Suspensions 86
16. Undertakings under the repealed Act 86
17. Interim orders of the former Board 87
18. Investigations 87
19. Complaints being dealt with by the former Board 87
20. Matters referred to the professional standards
committee 87
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Nurses and Midwives Bill 2005
Contents
21. Matters being dealt with by the presiding member
of the former Board 87
22. Failure to comply with an order made under the
repealed Act 88
23. Codes of practice 88
24. Annual report for part of a year 88
25. Powers in relation to transitional provision 88
Schedule 3 -- Consequential
amendments
1. Blood Donation (Limitation of Liability) Act 1985
amended 90
2. Civil Liability Act 2002 amended 90
3. Constitution Acts Amendment Act 1899 amended 90
4. Corruption and Crime Commission Act 2003
amended 91
5. Court Security and Custodial Services Act 1999
amended 91
6. The Criminal Code amended 92
7. Criminal Investigation (Identifying People)
Act 2002 amended 92
8. Firearms Act 1973 amended 92
9. Health Act 1911 amended 92
10. Health Professionals (Special Events Exemption)
Act 2000 amended 93
11. Health Services (Conciliation and Review)
Act 1995 amended 93
12. Juries Act 1957 amended 93
13. Medical Act 1894 amended 94
14. Mental Health Act 1996 amended 94
15. Misuse of Drugs Act 1981 amended 94
16. Pharmacy Act 1964 amended 95
17. Poisons Act 1964 amended 95
18. Prostitution Act 2000 amended 96
19. Radiation Safety Act 1975 amended 96
20. Road Traffic Act 1974 amended 96
21. State Administrative Tribunal Act 2004 amended 97
page vii
Western Australia
LEGISLATIVE ASSEMBLY
Nurses and Midwives Bill 2005
A Bill for
An Act to --
x provide for the regulation of the practice of nursing and
midwifery and the registration of persons as nurses and midwives;
x repeal the Nurses Act 1992;
x make consequential amendments to various Acts,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Nurses and Midwives Bill 2005
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Nurses and Midwives Act 2005.
2. Commencement
5 This Act comes into operation on a day fixed by proclamation.
3. Terms used in this Act
In this Act, unless the contrary intention appears --
"application" means an application for registration;
"approved" means approved by the Board in writing;
10 "Board" means the Nurses and Midwives Board of Western
Australia established by section 5;
"certificate of registration" means a certificate of registration
issued under section 40;
"committee" means a committee established by the Board
15 under this Act;
"complainant" means a person who lodges a complaint under
section 54(1) or (2);
"complaint" means --
(a) a complaint lodged under section 54(1) or (2);
20 (b) a complaint referred under section 54(3);
(c) a matter the complaints assessment committee has
determined under section 54(4) to deal with as if it
were a complaint; and
(d) a matter the Board has referred to the impairment
25 review committee under section 63(3);
"complaints assessment committee" means the committee
established under section 51;
"condition" includes restriction;
page 2
Nurses and Midwives Bill 2005
Preliminary Part 1
s. 3
"Corporations Act" means the Corporations Act 2001 of the
Commonwealth;
"designated area" means an area designated by the
Commissioner of Health under the Poisons Act 1964
5 section 23(2)(e);
"Director" means the Director of the Office of Health Review
under the Health Services (Conciliation and Review)
Act 1995;
"disciplinary matter" means a matter referred to in section 49;
10 "document" includes any tape, disc or other device or medium
on which information is recorded or stored;
"enrolled nurse" means a person who is registered as an
enrolled nurse;
"impairment" means --
15 (a) mental disability;
(b) injury;
(c) physical illness;
"impairment matter" means a matter referred to in section 50;
"impairment review committee" means any committee
20 established under section 52;
"investigator" means a person appointed under section 73;
"legal practitioner" has the meaning given to that term in the
Legal Practice Act 2003 section 3;
"medical practitioner" means a medical practitioner registered
25 under the Medical Act 1894;
"member of the Board" includes a person acting under
Schedule 1 clause 3;
"midwife" means a person who is registered as a midwife;
"midwifery" means the practice of assisting a woman in
30 childbirth;
"nurse" means a person who is registered as an enrolled nurse,
nurse practitioner or registered nurse;
page 3
Nurses and Midwives Bill 2005
Part 1 Preliminary
s. 3
"nurse practitioner" means a person who is registered as a
nurse practitioner;
"nursing" does not include midwifery;
"officer", in relation to a body corporate, has the meaning given
5 to "officer of a corporation" in the Corporations Act
section 9 but does not include an employee of the body
corporate unless the employee is concerned in the
management of the body corporate;
"presiding member" means the presiding member of the Board
10 referred to in section 7;
"register" means the register referred to in section 38;
"registered" means registered by the Board under this Act;
"registered nurse" means a person who is registered as a
registered nurse;
15 "registrar" means the person engaged or employed to be
registrar under section 17;
"registration" includes renewal of registration;
"respondent" means a person the subject of a complaint;
"specialist" means a registered nurse who is registered under
20 section 31;
"specialty" means a branch of nursing prescribed under
section 31(1) as a specialty;
"type of registration" means registration as --
(a) an enrolled nurse;
25 (b) a midwife;
(c) a nurse practitioner; or
(d) a registered nurse.
page 4
Nurses and Midwives Bill 2005
Preliminary Part 1
s. 4
4. Application
This Act does not apply to, or in respect of, or in any way
affect --
(a) the practice of a person's profession as a medical
5 practitioner;
(b) a carer performing the usual duties of a carer in relation
to a person who is ill, aged, frail or disabled; or
(c) a natural person who is registered as a nurse under the
law in force in another State, a Territory or
10 New Zealand who practises nursing for the purpose of
the removal of tissue under the Human Tissue and
Transplant Act 1982.
page 5
Nurses and Midwives Bill 2005
Part 2 Nurses and Midwives Board and committees
Division 1 The Board
s. 5
Part 2 -- Nurses and Midwives Board and committees
Division 1 -- The Board
5. Board established
(1) A body called the Nurses and Midwives Board of Western
5 Australia is established.
(2) The Board --
(a) is a body corporate;
(b) has perpetual succession and a common seal; and
(c) may sue and be sued in its corporate name.
10 (3) The Board does not represent, and is not an agent of, the Crown.
6. Membership of Board
(1) The Board consists of 13 members appointed by the Minister, of
whom --
(a) 5 are to be registered nurses;
15 (b) one is to be a registered nurse who teaches nursing in a
higher education institution;
(c) one is to be a registered nurse who practises in the area
of mental health nursing;
(d) 2 are to be midwives;
20 (e) 2 are to be enrolled nurses;
(f) one is to be a person who has knowledge of and
experience in representing the interests of consumers;
and
(g) one is to be a legal practitioner.
25 (2) Each member of the Board is to be a natural person.
(3) Before appointing a person under subsection (1)(a) or (e), the
Minister is to consult the Australian Nursing Federation,
Western Australian Branch or the Australian Liquor, Hospitality
page 6
Nurses and Midwives Bill 2005
Nurses and Midwives Board and committees Part 2
Functions and powers Division 2
s. 7
and Miscellaneous Workers' Union, Western Australian
Branch, respectively.
7. Presiding member and deputy presiding member
The presiding member and the deputy presiding member of the
5 Board are to be elected by the Board from amongst its members.
8. Constitution and proceedings
Schedule 1 has effect with respect to the constitution and
proceedings of the Board.
9. Remuneration and allowances
10 A member of the Board, or of a committee, is to be paid such
remuneration and allowances (if any) as the Minister, on the
recommendation of the Minister for Public Sector Management,
determines from time to time.
Division 2 -- Functions and powers
15 10. Functions
The functions of the Board are as follows --
(a) to advise the Minister on matters to which this Act
applies;
(b) to administer the scheme of registration under Part 4;
20 (c) to facilitate and promote public education and research
in relation to the practice of nursing and midwifery;
(d) to monitor education in nursing and midwifery, and
provide advice on that education to the Minister and to
any other person or body involved in that education;
25 (e) to promote and encourage --
(i) the continuing education of nurses and midwives
in the practice of their professions; and
page 7
Nurses and Midwives Bill 2005
Part 2 Nurses and Midwives Board and committees
Division 3 Relationship of Board with Minister
s. 11
(ii) increased levels of skill, knowledge and
competence in the practice of nursing and
midwifery;
and
5 (f) to perform other functions that are conferred on the
Board under this Act or any other Act.
11. Powers
The Board has all the powers it needs to perform its functions.
12. Delegation by Board
10 (1) The Board may delegate any power or duty of the Board under
another provision of this Act to --
(a) a member of the Board;
(b) a committee or a member of a committee; or
(c) the registrar.
15 (2) The delegation must be in writing executed by the Board.
(3) A person to whom a power or duty is delegated under this
section cannot delegate that power or duty.
(4) A person exercising or performing a power or duty that has been
delegated to the person under this section is to be taken to do so
20 in accordance with the terms of the delegation unless the
contrary is shown.
(5) Nothing in this section limits the ability of the Board to perform
a function through the registrar or any other member of staff or
an agent.
25 Division 3 -- Relationship of Board with Minister
13. Directions by Minister
(1) Subject to subsection (2), the Minister may, after consulting
with the Board, give directions in writing to the Board with
page 8
Nurses and Midwives Bill 2005
Nurses and Midwives Board and committees Part 2
Relationship of Board with Minister Division 3
s. 14
respect to the performance of its functions either generally or in
relation to a particular matter, and the Board is to give effect to
any such direction.
(2) The Minister must not under subsection (1) direct the Board
5 with respect to the performance of its functions in respect of --
(a) a particular person;
(b) a particular qualification; or
(c) a particular application, complaint or proceeding.
(3) The text of a direction given under subsection (1) must be --
10 (a) laid before each House of Parliament within 14 sitting
days of that House after the direction is given; and
(b) included in the annual report submitted by the Board
under section 25(1).
14. Minister to have access to information
15 (1) In this section --
"information" means information specified, or of a description
specified, by the Minister that relates to the functions of the
Board.
(2) The Minister is entitled --
20 (a) to have information in the possession of the Board; and
(b) if the information is in or on a document, to have, and
make and retain copies of, that document.
(3) For the purposes of subsection (2) the Minister may --
(a) request the Board to furnish information to the Minister;
25 (b) request the Board to give the Minister access to
information;
(c) for the purposes of paragraph (b) make use of the staff
of the Board to obtain the information and furnish it to
the Minister.
page 9
Nurses and Midwives Bill 2005
Part 2 Nurses and Midwives Board and committees
Division 4 Committees
s. 15
(4) The Board is to comply with a request under subsection (3) and
make its staff and facilities available to the Minister for the
purposes of subsection (3)(c).
(5) The Minister is not entitled to have information under this
5 section in a form that --
(a) discloses the identity of a person involved in a particular
application, complaint, investigation or other
proceeding; or
(b) might enable the identity of any such person to be
10 ascertained,
unless that person has consented to the disclosure.
Division 4 -- Committees
15. Committees
(1) In addition to the complaints assessment committee and the
15 impairment review committee the Board may from time to time
establish any other committee.
(2) The Board may --
(a) determine the functions, membership and constitution;
(b) appoint such members and other persons as it thinks fit
20 to be members; and
(c) give directions with respect to the functions and
procedures,
of a committee established under this section.
(3) A committee is to comply with a direction given to it under
25 subsection (2)(c).
(4) At the request of the Board, a committee established under this
section is to report on the performance of its functions to the
Board, in accordance with the Board's request.
page 10
Nurses and Midwives Bill 2005
Nurses and Midwives Board and committees Part 2
Registrar and other staff Division 5
s. 16
16. Provisions relating to committees
(1) Each member of a committee is to be a natural person.
(2) The Board may remove a person from membership of a
committee and may reconstitute or discharge a committee
5 established by the Board.
(3) A committee is to ensure that an accurate record is kept and
preserved of the proceedings of each meeting of the committee
and of each resolution passed by the committee.
(4) Subject to this Act, a committee may determine its own
10 procedures.
(5) A person with special knowledge or experience may be invited
to act in an advisory capacity to a committee if the committee is
of the opinion that the person will assist the committee in the
performance of its functions and the Board has approved the
15 invitation.
Division 5 -- Registrar and other staff
17. Registrar
(1) The Board is to engage or employ a person to be the registrar.
(2) The registrar has the functions that are conferred under this Act
20 or that the Board directs the registrar to perform.
(3) The registrar may delegate to a person engaged or employed by
the Board any power or duty of the registrar under another
provision of this Act.
(4) The delegation must be in writing executed by the registrar.
25 (5) A person to whom a power or duty is delegated under this
section cannot delegate that power or duty.
(6) A delegate exercising or performing a power or duty that has
been delegated to the person under this section is to be taken to
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Nurses and Midwives Bill 2005
Part 2 Nurses and Midwives Board and committees
Division 6 General
s. 18
do so in accordance with the terms of the delegation unless the
contrary is shown.
18. Other staff
The Board may engage or employ persons to provide such
5 professional, technical or other assistance that the Board
considers necessary to enable it to perform its functions.
Division 6 -- General
19. Duty not to make improper use of information
A member or former member of the Board or a member or
10 former member of a committee must not, whether within or
outside the State, make improper use of information acquired by
virtue of that position to gain, directly or indirectly, an
advantage for himself or herself or for any other person.
Penalty: $5 000.
15 20. Meetings and minutes of meetings
(1) Subject to this section, every meeting of the Board is to be open
to members of the public.
(2) Despite subsection (1) --
(a) the Board may of its own initiative order that in any
20 particular case a meeting, or part of a meeting, of the
Board is to be closed; and
(b) where a meeting of the Board concerns a proceeding
under Part 5 relating to a disciplinary or impairment
matter, a person to whom the proceedings relate may
25 request that the meeting, or part of the meeting, be
closed.
(3) The Board is to consider a request under subsection (2)(b) and
may order that the meeting, or part of the meeting, be closed if it
is of the opinion that such an order is in the best interests of the
30 parties involved or the maintenance of professional standards.
page 12
Nurses and Midwives Bill 2005
Nurses and Midwives Board and committees Part 2
General Division 6
s. 21
(4) The minutes of a meeting of the Board are to be open for
inspection at its principal place of business by members of the
public during normal office hours without fee, other than
minutes relating to --
5 (a) proceedings under Part 5 relating to a disciplinary or
impairment matter;
(b) a matter determined to be confidential under
subsection (6); or
(c) a meeting, or part of a meeting, that the Board ordered
10 be closed under subsection (2)(a) or (3).
(5) A person may, on payment of the fee prescribed by the
regulations, if any, obtain a copy of any minutes of the Board
available for inspection under subsection (4).
(6) The Board may determine that a matter is confidential if it
15 considers that its disclosure is likely to infringe the reasonable
privacy of any person.
21. Execution of documents by Board
(1) The Board is to have a common seal.
(2) A document is duly executed by the Board, if --
20 (a) the common seal of the Board is affixed to it in
accordance with subsections (3) and (4); or
(b) it is signed on behalf of the Board by a person or
persons authorised by the Board to do so under
subsection (5).
25 (3) The common seal of the Board is not to be affixed to any
document except as authorised by the Board.
(4) The common seal of the Board is to be affixed to a document in
the presence of 2 members of the Board and each of them is to
sign the document to attest that the common seal was so affixed.
30 (5) The Board may, by writing under its seal, authorise --
(a) a member or members of the Board; or
page 13
Nurses and Midwives Bill 2005
Part 2 Nurses and Midwives Board and committees
Division 6 General
s. 21
(b) a member or members of staff,
to sign documents on behalf of the Board, either generally or
subject to such conditions as are specified in the authorisation.
(6) A document executed under this section without the common
5 seal of the Board is not to be regarded as being a document
under seal.
(7) A document purporting to be executed in accordance with this
section is to be presumed to be duly executed until the contrary
is shown.
10 (8) When a document is produced bearing a seal purporting to be
the common seal of the Board, it is to be presumed that the seal
is the common seal of the Board until the contrary is shown.
page 14
Nurses and Midwives Bill 2005
Finance and reports Part 3
s. 22
Part 3 -- Finance and reports
22. Funds of the Board
(1) The funds of the Board consist of --
(a) fees received by the Board;
5 (b) grants (if any) by the State, and all gifts and donations
made to the Board, but subject to any trusts declared in
relation to the grants, gifts or donations;
(c) penalties, costs and expenses received under section 62
or 84; and
10 (d) other money or property lawfully received by the Board
in connection with the performance of its functions.
(2) The funds of the Board may be applied --
(a) for the purposes of the administration and enforcement
of this Act, including the remuneration of members of
15 the Board and committees and of the registrar and other
persons engaged or employed by the Board;
(b) for the payment of examinations and reports in
accordance with section 67(3);
(c) for the payment of costs under section 84(3);
20 (d) for the furtherance of education, including public
education, and research in relation to the practice of
nursing and midwifery;
(e) by way of contribution to any professional body for
nurses or midwives for the development by that body of
25 professional standards; and
(f) for any other purpose that the Board may recommend
and the Minister may approve to enable the Board to
perform its functions.
23. Accounts
30 (1) The Board is to cause to be kept proper accounts and records of
the transactions and affairs of the Board and is to prepare
page 15
Nurses and Midwives Bill 2005
Part 3 Finance and reports
s. 24
financial statements in accordance with Australian Accounting
Standards.
(2) The financial statements are to be prepared on an accrual basis
unless the Board determines otherwise.
5 24. Audit
The accounts and financial statements of the Board are to be
audited at least once a year, at the expense of the Board, by a
registered company auditor (as defined in paragraph (a) of the
definition of that term in the Corporations Act section 9)
10 appointed by the Board with the prior approval of the Minister.
25. Annual report and other reports
(1) The Board, not later than 31 December in each year, is to make
and submit to the Minister an annual report of its proceedings
for the preceding year ending on 30 June together with a copy
15 of its financial statements for that year and the auditor's report
on those statements.
(2) The Board's annual report must include details of --
(a) the number, nature, and outcome, of --
(i) investigations and inquiries undertaken under
20 this Act during the year to which the report
relates; and
(ii) matters that have been brought before the State
Administrative Tribunal by the Board during the
year to which the report relates;
25 (b) the number and nature of matters referred to in
paragraph (a) that are outstanding;
(c) any trends or special problems that may have emerged;
(d) forecasts of the workload of the Board in the year after
the year to which the report relates; and
30 (e) any proposals for improving the operation of the Board.
page 16
Nurses and Midwives Bill 2005
Finance and reports Part 3
s. 25
(3) The Minister is to cause a copy of the Board's annual report and
financial statements and of the auditor's report submitted under
subsection (1) to be laid before each House of Parliament within
14 sitting days of that House after receipt of the report by the
5 Minister.
(4) The Board is to ensure that after subsection (3) has been
complied with copies of the reports and statements referred to in
that subsection are available on request for inspection at its
principal place of business.
page 17
Nurses and Midwives Bill 2005
Part 4 Registration of nurses and midwives
Division 1 Registration
s. 26
Part 4 -- Registration of nurses and midwives
Division 1 -- Registration
26. Natural persons may be registered
Registration under this Act may be granted only to a natural
5 person.
27. Registration as an enrolled nurse, midwife or
registered nurse
(1) The Board is to register an applicant as an enrolled nurse,
midwife or registered nurse if satisfied that the applicant has --
10 (a) complied with the requirements of subsection (2); and
(b) paid the registration fee, if any, prescribed by the
regulations.
(2) The requirements for registration as an enrolled nurse, midwife
or registered nurse are that the applicant --
15 (a) is a fit and proper person to be registered as an enrolled
nurse, midwife or registered nurse;
(b) has not been convicted of an offence the nature of which
renders the person unfit to practise as a nurse or
midwife, as the case may be;
20 (c) has adequate knowledge of the English language both
written and oral;
(d) has sufficient physical capacity, mental capacity and
skill to practise nursing or midwifery, as the case may
be;
25 (e) subject to subsection (3), has acquired such knowledge
and has such practical experience in nursing or
midwifery, as the case may be, as in the opinion of the
Board is sufficient to enable that person to perform
efficiently the duties of an enrolled nurse, midwife or
30 registered nurse, as the case may be; and
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Registration of nurses and midwives Part 4
Registration Division 1
s. 28
(f) holds a qualification approved by the Board as a
qualification for registration as an enrolled nurse,
midwife or registered nurse, as the case may be, or a
qualification that in the opinion of the Board is
5 equivalent to such a qualification.
(3) Subsection (2)(e) does not apply to a person who, having been
awarded a qualification referred to in subsection (2)(f) within
the 5 years preceding the application, is applying to the Board,
for the first time, for registration under subsection (1).
10 (4) The Board may impose such conditions on registration under
subsection (1) as the Board reasonably requires to ensure the
competent and safe practice of --
(a) nursing by the enrolled nurse or registered nurse; or
(b) midwifery by the midwife.
15 (5) A condition imposed under subsection (4) may apply
indefinitely or for a period of time specified by the Board in the
written notice.
(6) The Board may, on its own motion or on the application of a
person the subject of a condition imposed under this section, on
20 reasonable grounds, revoke or vary the condition.
28. Registration as a nurse practitioner
(1) The Board is to register an applicant as a nurse practitioner if
satisfied that the applicant has --
(a) complied with the requirements of subsection (2); and
25 (b) paid the registration fee, if any, prescribed by the
regulations.
(2) The requirements for registration as a nurse practitioner are that
the applicant --
(a) is a registered nurse or the Board is satisfied that the
30 person meets the requirements for registration as a
registered nurse; and
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Nurses and Midwives Bill 2005
Part 4 Registration of nurses and midwives
Division 1 Registration
s. 29
(b) holds a qualification prescribed by the rules as a
qualification for registration as a nurse practitioner or a
qualification that in the opinion of the Board is
equivalent to such a qualification.
5 (3) The Board may impose such conditions on registration under
subsection (1) as the Board reasonably requires to ensure the
competent and safe practice of nursing by the nurse practitioner.
(4) A condition imposed under subsection (3) may apply
indefinitely or for a period of time specified by the Board in the
10 written notice.
(5) The Board may, on its own motion or on the application of a
person the subject of a condition imposed under this section, on
reasonable grounds, revoke or vary the condition.
29. Provisional registration
15 (1) The Board may provisionally register an applicant as an
enrolled nurse, midwife, nurse practitioner or registered nurse if
satisfied that --
(a) the applicant has applied to be registered under
section 27 or 28;
20 (b) the requisite evidence is likely to be produced to enable
the Board to be satisfied as to the matters set out in
section 27(2) or 28(2) relevant to the type of registration
applied for; and
(c) the applicant has paid the registration fee, if any,
25 prescribed by the regulations.
(2) Provisional registration has effect for a period of 3 months
beginning on the day on which it is granted unless earlier
cancelled.
(3) The Board may impose such conditions on registration under
30 subsection (1) as the Board reasonably requires to ensure the
competent and safe practice of nursing or midwifery, as the case
may be.
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Nurses and Midwives Bill 2005
Registration of nurses and midwives Part 4
Registration Division 1
s. 30
(4) If the Board, before the period referred to in subsection (2)
expires, has reason to believe that a person granted provisional
registration is not entitled to be registered under section 27 or 28
as an enrolled nurse, midwife, nurse practitioner or registered
5 nurse, as the case may be, the Board may, without prejudice to
the person's application to be registered, cancel the person's
provisional registration.
30. Conditional registration as an enrolled nurse, midwife,
nurse practitioner or registered nurse at the discretion of
10 the Board
(1) The Board may grant a person conditional registration as an
enrolled nurse, midwife or registered nurse, as the case may be,
if --
(a) the Board is satisfied that the person meets the
15 requirements of section 27(2)(a), (b), (c) and (d);
(b) the Board is satisfied that --
(i) the person meets the requirements of
section 27(2)(e) and that the requisite evidence is
likely to be produced to enable the Board to be
20 satisfied as to the matters set out in
section 27(2)(f);
(ii) the person, recognised by the Board as being a
person of eminence within the field of nursing or
midwifery, desires registration for the purpose of
25 enabling the person to teach nursing or
midwifery, as the case may be, in a clinical
setting; or
(iii) the person desires registration to enable the
person to undertake particular nursing duties of
30 limited duration or duties of midwifery of limited
duration, as the case may be;
and
(c) the applicant has paid the registration fee, if any,
prescribed by the regulations.
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Nurses and Midwives Bill 2005
Part 4 Registration of nurses and midwives
Division 1 Registration
s. 30
(2) The Board may grant a person conditional registration as a
nurse practitioner if --
(a) the Board is satisfied that --
(i) the person meets the requirements of
5 section 28(2)(a) and that the requisite evidence is
likely to be produced to enable the Board to be
satisfied as to the matters set out in
section 28(2)(b);
(ii) the person, recognised by the Board as being a
10 person of eminence within the field of nursing,
desires registration for the purpose of enabling
the person to teach with respect to the functions
of a nurse practitioner; or
(iii) the person desires registration to enable the
15 person to undertake particular functions of a
nurse practitioner of limited duration;
and
(b) the applicant has paid the registration fee, if any,
prescribed by the regulations.
20 (3) Conditional registration --
(a) has effect until the day specified in the certificate of
registration (unless registration is earlier cancelled by
the Board) but that day is in no case to be later than
12 months after the issue of the certificate; and
25 (b) is not renewable.
(4) Conditional registration, and the practice of nursing or
midwifery, as the case may be, by a person registered under this
section, may be made subject to such conditions as the Board
imposes in any particular case.
30 (5) The Board may at any time cancel a conditional registration.
(6) The Board may, on its own motion or on the application of a
person the subject of a condition imposed under this section, on
reasonable grounds, revoke or vary the condition.
page 22
Nurses and Midwives Bill 2005
Registration of nurses and midwives Part 4
Registration Division 1
s. 31
31. Registration as specialists
(1) The Board is to register an applicant as a specialist in a branch
of nursing prescribed by the regulations as a specialty if
satisfied that the applicant has --
5 (a) complied with the requirements of subsection (2); and
(b) paid the registration fee, if any, prescribed by the
regulations.
(2) The requirements for registration as a specialist are that the
applicant --
10 (a) is a registered nurse; and
(b) holds a qualification for registration in the specialty that
is prescribed by the regulations as a qualification for the
specialty or a qualification that in the opinion of the
Board is equivalent to such a qualification.
15 (3) The Board may impose such conditions on registration under
subsection (1) as the Board reasonably requires to ensure the
competent and safe practice of the specialty by the specialist.
(4) A condition imposed under subsection (3) may apply
indefinitely or for a period specified by the Board in the written
20 notice of the decision under section 105.
(5) The Board may, on its own motion or on the application of a
person the subject of a condition imposed under this section, on
reasonable grounds, revoke or vary the condition.
(6) Subject to this Act, registration of a registered nurse as a
25 specialist confers on that person the right to carry on in the State
the practice of the specialty for which the person was granted
registration as a specialist under the title or titles prescribed by
the regulations as the title or titles under which the specialty
may be practised.
page 23
Nurses and Midwives Bill 2005
Part 4 Registration of nurses and midwives
Division 1 Registration
s. 32
32. Professional indemnity insurance
(1) In this section --
"professional indemnity insurance" means professional
indemnity insurance that meets the minimum terms and
5 conditions approved by the Board.
(2) Without limiting the Board's powers under section 27, 28, 29,
30 or 31, the Board may impose both of the following
conditions as conditions of registration under section 27, 28, 29,
30 or 31 --
10 (a) that --
(i) the nurse or midwife must hold professional
indemnity insurance;
(ii) the professional care provided by the nurse or
midwife must be covered by professional
15 indemnity insurance; or
(iii) the nurse or midwife must be specified or
referred to in professional indemnity insurance,
whether by name or otherwise, as a person to
whom the professional indemnity insurance
20 extends even though the nurse or midwife is not
a party to the professional indemnity insurance;
(b) that the professional indemnity insurance must meet the
minimum terms and conditions approved by the Board.
(3) A condition imposed under this section may apply indefinitely
25 or for a period of time specified by the Board in the written
notice of the decision given under section 105.
(4) The Board may, on its own motion or on the application of a
person the subject of a condition imposed under this section, on
reasonable grounds, revoke or vary the condition.
page 24
Nurses and Midwives Bill 2005
Registration of nurses and midwives Part 4
Registration Division 1
s. 33
33. Application
(1) An application is to be --
(a) in writing;
(b) made in an approved manner and form; and
5 (c) accompanied by the application fee, if any, prescribed
by the regulations.
(2) The applicant must provide the Board or the registrar with such
further information as the Board or the registrar requires, in any
particular case, and if required by the Board or the registrar
10 must verify the information by statutory declaration.
(3) The Board may, in writing, require an applicant for registration
to attend before the Board for the purpose of satisfying the
Board as to a matter relevant to the application and, if the
person fails to attend, may refuse the application.
15 (4) The Board may refuse to register a person who does not comply
with this section.
34. Effect of registration
Subject to this Act, registration as --
(a) an enrolled nurse confers on the person registered the
20 right to carry on in the State the practice of nursing
under --
(i) the professional direction of a midwife, nurse
practitioner or registered nurse; and
(ii) the title of "enrolled nurse";
25 (b) a midwife confers on the person registered the right to
carry on in the State the practice of midwifery under the
title of "midwife";
(c) a nurse practitioner confers on the person registered the
right to carry on at a designated area the practice of
30 nursing as a nurse practitioner under the title of "nurse
practitioner"; and
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Nurses and Midwives Bill 2005
Part 4 Registration of nurses and midwives
Division 1 Registration
s. 35
(d) a registered nurse confers on the person registered the
right to carry on in the State the practice of nursing
under the title of "registered nurse".
35. Duration of registration
5 Subject to this Act, registration --
(a) has effect for the period prescribed by the regulations;
and
(b) may be renewed in accordance with the regulations for a
further period prescribed by the regulations.
10 36. Renewal of registration
(1) A nurse or midwife must pay to the Board a fee prescribed by
the regulations for the renewal of registration, and if the fee is
not paid on or before the day on which it falls due under the
regulations --
15 (a) the person ceases to be registered; and
(b) the person's name must be removed from the register.
(2) A person whose name is removed from the register under
subsection (1) may at any time pay to the Board all fees that are
in arrears, and all fees that would be in arrears if the person had
20 continued to be registered, together with any additional amount
prescribed by the regulations for the purposes of this subsection,
and is then to be entitled, subject to this Act, to have his or her
registration as an enrolled nurse, midwife, nurse practitioner or
registered nurse renewed and the name restored to the register.
25 (3) For the purposes of Part 5, the registration of a person whose
name is restored to the register under subsection (2) is taken to
have continued during the period that the person's name was
removed from the register under subsection (1).
(4) The Board is to give written notice of the renewal fee to a nurse
30 or midwife, sent to that person's address as recorded in the
register, at least 42 days before the fee falls due under the
regulations.
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Nurses and Midwives Bill 2005
Registration of nurses and midwives Part 4
The register Division 2
s. 37
(5) A person may apply to the Board for the remission of fees
payable by the person under this section that are in arrears, and
the Board may remit those fees in whole or in part.
37. Application for registration by a person whose type of
5 registration has been cancelled under section 81(1)(i)
(1) In this section --
"disqualified person" means a person whose registration in
relation to a type of registration has been cancelled and
name removed from the register in relation to that
10 registration under section 81(1)(i).
(2) A disqualified person may not apply for registration in relation
to the type of registration that was cancelled for a period of
2 years after that registration was cancelled.
(3) The Board cannot grant an application for registration by a
15 disqualified person in relation to the type of registration that
was cancelled unless it has applied for, and obtained, the
approval of the State Administrative Tribunal to do so.
(4) Registration of, and the practice of nursing or midwifery by, a
disqualified person may be made subject to such conditions as
20 the Board in any particular case imposes.
Division 2 -- The register
38. The register
The Board is required to keep an accurate and up to date register
of all nurses and midwives in such manner and form as the
25 Board determines and in respect of each nurse or midwife is to
record --
(a) the name of that person;
(b) the business, or other, address of that person;
(c) particulars of all of the nursing or midwifery
30 qualifications recognised by the Board and held by that
person;
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Nurses and Midwives Bill 2005
Part 4 Registration of nurses and midwives
Division 2 The register
s. 39
(d) the type of registration;
(e) the provision of this Act under which the person is
registered;
(f) any conditions applying to the registration;
5 (g) details of the exercise of any power under Part 5 in
respect of that person or any order made in respect of
that person in a proceeding before the State
Administrative Tribunal under Part 5; and
(h) such other information, if any, as is prescribed by the
10 regulations.
39. Inspection of register
(1) The register must be kept in the office of the registrar.
(2) The register must be available for inspection by members of the
public during normal office hours.
15 (3) The register may be made available for inspection by members
of the public on an internet website maintained by the Board.
(4) A person may, on application to the registrar in respect of the
register or an entry in the register, and payment of the fee
prescribed by the regulations, if any, obtain a certified copy of
20 the register or the entry.
(5) No fee is payable under subsection (4) if the application is
made --
(a) by an officer of the department of the Public Service
principally assisting the Minister in the administration of
25 this Act; and
(b) for the purpose of carrying out the functions of an
officer of that department.
(6) Despite subsections (2), (3) and (4), the registrar must not
disclose the address of a nurse or midwife to any person without
30 the written consent of the nurse or midwife, other than for the
purpose of section 108(4).
page 28
Nurses and Midwives Bill 2005
Registration of nurses and midwives Part 4
The register Division 2
s. 40
40. Certificate of registration
(1) On the registration of a person the Board is to issue to that
person a certificate of registration in a form approved for that
type of registration.
5 (2) In the absence of evidence to the contrary a certificate of
registration is evidence that the person to whom the certificate
of registration is issued is registered as specified in the
certificate.
41. Voluntary removal from register and cancellation of
10 registration
(1) A nurse or midwife may, in writing, request the registrar to
remove the name of that person from the register in relation to a
type of registration and cancel his or her registration in relation
to that type of registration.
15 (2) Upon receipt of a request under subsection (1), the registrar is to
refer the request to the Board and may, if the Board so
approves, remove the name of that person from the register in
relation to that type of registration and cancel his or her
registration in relation to that type of registration.
20 (3) This section does not apply to a nurse or midwife who is the
subject of proceedings under Part 5.
42. Removal of name and cancellation of registration of person
in certain circumstances
(1) Subject to subsections (3) and (4), the Board is to cancel a type
25 of registration of and direct the registrar to remove from the
register the name of a nurse in relation to that type of
registration if the Board is satisfied that the nurse --
(a) has not practised nursing of that type in the preceding
period of 5 years; and
30 (b) has not maintained current knowledge and skills in
nursing at an approved level.
page 29
Nurses and Midwives Bill 2005
Part 4 Registration of nurses and midwives
Division 3 Notifications to Board
s. 43
(2) Subject to subsections (3) and (4), the Board is to cancel the
registration of and direct the registrar to remove from the
register the name of a midwife if the Board is satisfied that the
midwife --
5 (a) has not practised midwifery in the preceding period of
5 years; and
(b) has not maintained current knowledge and skills in
midwifery at an approved level.
(3) If the Board proposes to give a direction under subsection (1)
10 or (2), the Board is to give the nurse or midwife written notice
of the proposal and the reasons for the proposal.
(4) A notice given under subsection (3) must state that within
28 days after the notice is given, the nurse or midwife to whom
it is given may make written representations to the Board
15 concerning the proposal, and the Board is not to give the
direction without considering any representations received
within that period.
43. Effect of removal of name from register
If the name of a nurse or midwife is removed from the register
20 under a provision of this Act in relation to a type of registration,
that person ceases to be registered in relation to that type of
registration.
Division 3 -- Notifications to Board
44. Change of address
25 (1) A nurse or midwife must give the registrar written advice of any
change to the address that is recorded in the register in relation
to the person.
Penalty: $1 000.
(2) The advice referred to in subsection (1) must be given no later
30 than 30 days after the change to the address.
page 30
Nurses and Midwives Bill 2005
Registration of nurses and midwives Part 4
Notifications to Board Division 3
s. 45
45. Loss of qualifications
(1) A nurse or midwife must give the registrar written advice if a
qualification that enabled the person to be registered is
withdrawn or cancelled by the body that conferred the
5 qualification.
Penalty: $1 000.
(2) The advice referred to in subsection (1) must be given no later
than 90 days after the withdrawal or cancellation.
46. Insolvency
10 (1) In subsection (2) --
"insolvent" means a person who is an insolvent under
administration as defined in the Corporations Act section 9.
(2) A nurse or midwife must, within 30 days of becoming an
insolvent, give the registrar written advice of the insolvency.
15 Penalty: $5 000.
47. Civil or criminal proceedings
(1) A nurse or midwife must give the registrar written advice of any
of the following matters within 14 days after --
(a) any civil proceedings claiming damages or other
20 compensation arising out of the practice of nursing or
midwifery;
(b) any criminal proceedings for an offence arising out of
the practice of nursing or midwifery,
are commenced against that nurse or midwife.
25 Penalty: $5 000.
page 31
Nurses and Midwives Bill 2005
Part 4 Registration of nurses and midwives
Division 3 Notifications to Board
s. 48
(2) A nurse or midwife must give the registrar written advice of any
of the following matters within 14 days after --
(a) any proceedings of a kind referred to in subsection (1)
commenced against that person are withdrawn or
5 settled;
(b) any such proceedings are determined by a court or other
tribunal.
Penalty: $5 000.
48. Information about professional indemnity insurance
10 (1) If it is a condition of a person's registration that --
(a) the person must hold professional indemnity insurance;
(b) the professional care provided by the person must be
covered by professional indemnity insurance; or
(c) the person must be specified or referred to in
15 professional indemnity insurance, whether by name or
otherwise, as a person to whom the professional
indemnity insurance extends even though the person is
not a party to the professional indemnity insurance,
the person must give the registrar written advice --
20 (d) if the professional indemnity insurance is cancelled; or
(e) of any change in the terms or conditions of the
professional indemnity insurance.
Penalty: $1 000.
(2) The advice referred to in subsection (1) must be given no later
25 than 30 days after the cancellation or change in the terms or
conditions.
page 32
Nurses and Midwives Bill 2005
Disciplinary and impairment matters Part 5
Preliminary Division 1
s. 49
Part 5 -- Disciplinary and impairment matters
Division 1 -- Preliminary
49. Disciplinary matters
The following are disciplinary matters --
5 (a) that a person has contravened a condition applying to
that person's registration or the practise of nursing or
midwifery by that person;
(b) that a person in the course of his or her practise as a
nurse or midwife --
10 (i) acted carelessly;
(ii) acted incompetently;
(iii) acted improperly;
(iv) breached this Act;
(v) failed to comply with an undertaking given to the
15 Board under this Act;
(vi) provided services that were excessive,
unnecessary or not reasonably necessary for the
recipient's wellbeing;
(c) that a person has been convicted of an offence the nature
20 of which renders the person unfit to practise as a nurse
or midwife, as the case may be.
50. Impairment matters
The following are impairment matters --
(a) that a person is affected by his or her use of or
25 dependence on alcohol or a drug to such an extent that
the ability of the person to practise as a nurse or
midwife, as the case may be, is or is likely to be
affected;
(b) that a person suffers from an impairment to such an
30 extent that the ability of the person to practise as a nurse
or midwife, as the case may be, is or is likely to be
affected.
page 33
Nurses and Midwives Bill 2005
Part 5 Disciplinary and impairment matters
Division 2 Committees
s. 51
Division 2 -- Committees
51. Complaints assessment committee
(1) The Board is to establish a committee to be known as the
complaints assessment committee.
5 (2) The complaints assessment committee is to consist of the
following 3 persons appointed in writing by the Board from
time to time --
(a) a nurse or midwife (who may be a member of the
Board);
10 (b) a person who is not a nurse or midwife and is not
qualified to be registered as a nurse or midwife;
(c) such other person (including a nurse or midwife or
member of the Board) as the Board considers
appropriate.
15 (3) The Board is to appoint a member of the complaints assessment
committee to be the committee's chairperson.
(4) The complaints assessment committee is to submit an annual
report to the Board as soon as is practicable after 30 June in
each year in respect of the functions performed by the
20 committee during the year that ended on that day.
(5) A notice or appointment authorised by this Act to be given or
made by the complaints assessment committee is taken to have
been given or made by the committee if it is signed on behalf of
the committee --
25 (a) by the chairperson of the committee; or
(b) by some other person authorised by the committee to
sign the notice or appointment.
52. Impairment review committee
(1) The Board may establish a committee to be known as the
30 impairment review committee.
page 34
Nurses and Midwives Bill 2005
Disciplinary and impairment matters Part 5
Committees Division 2
s. 53
(2) The impairment review committee is to consist of the following
3 persons appointed in writing by the Board from time to
time --
(a) a nurse or midwife (who may be a member of the
5 Board);
(b) a medical practitioner;
(c) such other person (including a nurse or midwife or
member of the Board) as the Board considers
appropriate.
10 (3) The Board is to appoint a member of the impairment review
committee to be the committee's chairperson.
(4) A notice or appointment authorised by this Act to be given or
made by the impairment review committee is taken to have been
given or made by the committee if it is signed on behalf of the
15 committee --
(a) by the chairperson of the committee; or
(b) by some other person authorised by the committee to
sign the notice or appointment.
53. Deputy member of the complaints assessment committee or
20 the impairment review committee
(1) The Board may appoint an eligible person to be a deputy of a
member of the complaints assessment committee or the
impairment review committee and may terminate such an
appointment at any time.
25 (2) The provisions of section 51(2) or 52(2) that apply to and in
relation to the appointment of a member apply, with any
necessary modification, to and in relation to the appointment of
the deputy of that member.
(3) The deputy of the member referred to in section 51(3) or 52(3)
30 is the deputy chairperson of the committee.
page 35
Nurses and Midwives Bill 2005
Part 5 Disciplinary and impairment matters
Division 3 Complaints
s. 54
(4) A deputy of a member may perform the functions of the
member when the member is unable to do so by reason of
illness, absence or other cause.
(5) Despite anything in this Act, a deputy of a member may
5 continue to act as a member, after the occasion for so acting has
ceased, for the purpose of completing any function.
(6) A deputy of a member, while acting as a member, has all the
functions of and all the protection given to a member.
(7) No act or omission of a person acting in place of another under
10 this section is to be questioned on the ground that the occasion
for so acting had not arisen or had ceased.
Division 3 -- Complaints
54. Complaints
(1) A person may lodge a complaint in relation to an impairment
15 matter with the complaints assessment committee in relation to
a person who is a nurse or midwife.
(2) A person may lodge a complaint in relation to a disciplinary
matter with the complaints assessment committee in relation
to --
20 (a) a person who is a nurse or midwife; or
(b) a person who was a nurse or midwife when the
disciplinary matter allegedly occurred but who is no
longer a nurse or midwife.
(3) If the Director refers a complaint to the Board under the Health
25 Services (Conciliation and Review) Act 1995 section 31 or
43(3), the Board is to refer the complaint to the complaints
assessment committee.
(4) The complaints assessment committee may determine that an
impairment matter or a disciplinary matter is to be dealt with as
30 if it were the subject of a complaint lodged with the committee,
despite no complaint having been made to it.
page 36
Nurses and Midwives Bill 2005
Disciplinary and impairment matters Part 5
Complaints Division 3
s. 55
(5) The complaints assessment committee is not to make a
determination under subsection (4) unless it is of the opinion
that --
(a) in respect of a person who is a nurse or midwife when
5 the determination is made, there is cause to investigate
whether an impairment matter or a disciplinary matter
exists or has occurred; or
(b) in respect of a person who was a nurse or midwife when
the disciplinary matter allegedly occurred, there is cause
10 to investigate whether a disciplinary matter occurred.
55. Complaints assessment committee to determine action
required
(1) The complaints assessment committee is to decide in respect of
a complaint --
15 (a) if the committee is of the opinion that the complaint
requires action under Division 4, to refer it to the Board
for action under that Division;
(b) to reject the complaint under section 56;
(c) in the case of a complaint relating to a disciplinary
20 matter, to deal with the complaint under subsection (3)
or section 60; or
(d) in the case of a complaint relating to an impairment
matter, to refer the complaint to the impairment review
committee.
25 (2) To enable the complaints assessment committee to make a
decision under subsection (1) the committee may make such
inquiries as it considers appropriate.
(3) If the complaint relates to a disciplinary matter referred to in
section 49(b)(v), the complaints assessment committee may
30 recommend to the Board that it make an allegation to the State
Administrative Tribunal based on the complaint that gave rise to
the undertaking.
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s. 56
56. Complaints assessment committee may reject certain
complaints
(1) The complaints assessment committee may at any time before
deciding to --
5 (a) refer a complaint to the impairment review committee
under section 55(1)(d); or
(b) make a recommendation to the Board under
section 55(3) or 60,
reject a complaint if it is of the opinion that the complaint is
10 frivolous, vexatious or without substance.
(2) Within 7 days of making a decision under subsection (1), the
complaints assessment committee is to give written notice to the
complainant, if any, that the complaint is rejected and in the
notice is to give short particulars of the reasons for the decision.
15 Division 4 -- Summary orders of Board
57. Interim orders by Board
(1) If the Board is of the opinion that an activity of a nurse or
midwife involves or will involve a risk of imminent injury or
harm to the physical or mental health of any person, the Board
20 may, without further inquiry, do any or all of the following --
(a) give to the nurse or midwife who is carrying on that
activity an order prohibiting the carrying on of the
activity for a period of not more than 30 days;
(b) give to the nurse or midwife an order to comply, for a
25 period of not more than 30 days, with such conditions as
the Board thinks fit in relation to the practice of nursing
or midwifery, as the case may be, by that person;
(c) give to the nurse or midwife an order suspending the
person's registration in relation to a type of registration
30 specified in the order, either generally or in relation to
any specified circumstances or service, for a period of
not more than 30 days.
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(2) An order made under subsection (1) must --
(a) state that the Board is of the opinion that the activity of
the nurse or midwife involves or will involve a risk of
imminent injury or harm to the physical or mental health
5 of any person;
(b) specify the activity that in the Board's opinion involves
or will involve the risk and the matters that give or will
give rise to the risk; and
(c) advise that, within 14 days of the making of the order,
10 the Board will revoke the order or make an allegation
about the matter to the State Administrative Tribunal.
(3) The Board may, by subsequent order given to the person to
whom the order made under subsection (1) was given, revoke or
vary the original order at any time before making an allegation
15 about the matter to the State Administrative Tribunal under
section 58.
(4) The Board may deal under this section with a complaint even
if --
(a) the Board, the impairment review committee or the
20 complaints assessment committee is already dealing
with the complaint, or a complaint including elements of
the first-mentioned complaint, under this Act; or
(b) the same complaint, or a complaint including elements
of the complaint before the Board, has been made under
25 the Health Services (Conciliation and Review) Act 1995
or is being treated as a complaint that was made under
that Act.
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s. 58
58. Complaint dealt with summarily to be referred to the State
Administrative Tribunal
(1) Within 14 days of making an order under section 57, if that
order is not revoked under section 57(3), the Board is to --
5 (a) make an allegation about the matter in respect of which
the order was made to the State Administrative Tribunal;
and
(b) order that any other proceedings under this Part in
respect of the matter commenced before the making of
10 the order be discontinued.
(2) Upon an allegation made under subsection (1) the State
Administrative Tribunal may, in addition to any other order it
may make, affirm or revoke an order under section 57(1) or
vary the order by extending the period for which it applies or in
15 any other respect.
59. Complaint not dealt with summarily to be referred to
relevant committee
If the Board does not make an order under section 57 in respect
of a complaint referred to it under section 55(1)(a) then the
20 Board is to --
(a) refer the complaint to the complaints assessment
committee, if the complaint relates to a disciplinary
matter; or
(b) refer the complaint to the impairment review committee,
25 if the complaint relates to an impairment matter.
Division 5 -- Disciplinary matters
60. Investigation and recommendation
(1) If the complaints assessment committee has made a decision to
deal with a complaint relating to a disciplinary matter under this
30 section or has had a complaint referred back to it under
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section 59, the complaints assessment committee is to
investigate the complaint.
(2) On completion of the investigation the complaints assessment
committee is to make a recommendation to the Board --
5 (a) to make a summary order under Division 4 (unless the
complaint was referred back to the committee under
section 59);
(b) if the complaint comes within the Health Services
(Conciliation and Review) Act 1995 section 25, not
10 being a complaint referred to the Board under section 31
or 43(3) of that Act, to give a copy of the complaint to
the Director;
(c) if paragraph (b) does not apply, to attempt to settle the
complaint by conciliation;
15 (d) to caution or reprimand the respondent;
(e) to accept an undertaking from the respondent to take or
refrain from action specified in the recommendation;
(f) to make an allegation about the complaint to the State
Administrative Tribunal; or
20 (g) to take no further action.
(3) The complaints assessment committee is not to make a
recommendation under subsection (2)(c) unless it is satisfied
that the matter can be dealt with satisfactorily by informal
procedures.
25 (4) The complaints assessment committee may recommend to the
Board that it take action under both subsection (2)(d) and (e) in
respect of a complaint.
61. Role of Board
(1) The Board is to consider the recommendation of the complaints
30 assessment committee under section 60(2) and may either --
(a) act on the recommendation of the complaints assessment
committee; or
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(b) take action of a kind referred to in section 60(2) other
than that recommended by the complaints assessment
committee.
(2) The Board is not to take action of a kind referred to in
5 section 60(2)(c) unless it is satisfied that the matter can be dealt
with satisfactorily by informal procedures.
(3) The Board may take action under both section 60(2)(d) and (e)
in respect of a complaint.
(4) Within 7 days of making a decision under subsection (1), the
10 Board is to give written notice to the complainant, if any, and
the respondent of the action proposed to be taken by the Board
together with short particulars of the reasons for the decision.
62. Alternative to making allegation to the State Administrative
Tribunal
15 (1) If the Board --
(a) is of the opinion that a proceeding before the Tribunal is
not warranted by the nature of the allegation;
(b) has afforded to the person concerned the opportunity of
giving an explanation to the Board either in person or in
20 writing and is not satisfied by any explanation offered;
and
(c) has afforded to the person concerned the option of the
matter proceeding before the Tribunal and that option
has not been taken up,
25 the Board, instead of making an allegation to the State
Administrative Tribunal under section 61(1), may --
(d) if the person is a nurse or midwife, order that the
particulars entered in the register in relation to that
person be amended;
30 (e) caution or reprimand that person;
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(f) if the person is a nurse or midwife, require that person to
give an undertaking to the Board, either with or without
security, for such period as is specified --
(i) in relation to his or her future conduct as a nurse
5 or midwife; or
(ii) to comply with such conditions as are specified
in relation to his or her practice;
or
(g) order that person to pay to the Board a penalty not
10 exceeding $2 500.
(2) The Board may, in addition to or instead of imposing one or
more of the penalties specified in subsection (1), order the
person concerned to pay such costs and expenses of or
incidental to the proceedings as the Board thinks fit.
15 (3) Where any penalty, costs or expenses are ordered to be paid
under this section the amount ordered to be paid is recoverable
in any court of competent jurisdiction as a debt due to the
Board.
(4) Within 7 days of making a decision under subsection (1)(d)
20 to (g) or (2), the Board is to give written notice to the
complainant, if any, and the respondent of the decision together
with short particulars of the reasons for the decision.
Division 6 -- Impairment matters
63. Request by nurse or midwife for imposition of condition
25 (1) A nurse or midwife who believes that his or her ability to
practise nursing or midwifery, as the case may be, is affected
because of an impairment matter may ask the Board to impose a
condition with respect to his or her registration.
(2) If the Board and the nurse or midwife agree upon the condition
30 to be imposed, the Board is to impose that condition with
respect to his or her registration.
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Division 6 Impairment matters
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(3) If the Board and the nurse or midwife do not agree upon the
condition to be imposed, the Board is to refer the matter to the
impairment review committee for investigation under this
Division.
5 64. Revocation of condition
The Board may revoke a condition imposed under section 63 if
the nurse or midwife satisfies the impairment review committee
that his or her ability to practise nursing or midwifery, as the
case may be, is no longer affected because of the impairment
10 matter that gave rise to the imposition of the condition.
65. Investigation
The impairment review committee is to investigate a complaint
referred to it.
66. Nurse or midwife to be notified about investigation
15 (1) The impairment review committee is to give written notice of
the investigation to the nurse or midwife to whom the complaint
relates.
(2) The notice must --
(a) advise the person of the nature of the impairment matter
20 to be investigated;
(b) if the impairment review committee considers that an
examination of the person is necessary, ask the person to
advise the committee as to whether or not he or she will
agree to undergo an examination relating to the
25 impairment matter within a period specified by the
committee in the notice; and
(c) contain a brief summary of the effect of this Division.
67. Examination
(1) If the nurse or midwife agrees to undergo an examination within
30 the period specified in the notice under section 66(2)(b), the
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Impairment matters Division 6
s. 68
person is to be examined by a medical practitioner agreed upon
by the impairment review committee and the person.
(2) If the impairment review committee and the nurse or midwife
are unable to agree upon the person to conduct the examination,
5 the Board is to appoint a medical practitioner to perform the
examination.
(3) The Board is to pay for an examination conducted under this
section and a report provided under section 68.
(4) If the nurse or midwife does not agree to undergo an
10 examination within the period specified in the notice under
section 66(2)(b) or does not abide by an agreement to undergo
such an examination, the impairment review committee is to
recommend to the Board that the Board make an allegation
about the complaint to the State Administrative Tribunal.
15 68. Report of examination
(1) A medical practitioner who conducts an examination under
section 67 is to give a report of the examination to the
impairment review committee and, not more than 7 days later,
the committee is to give a copy of the report to the nurse or
20 midwife.
(2) Despite subsection (1), if it appears to the impairment review
committee that the disclosure to the nurse or midwife of
information in the report might be prejudicial to the physical or
mental health or wellbeing of that person, the committee may
25 decide not to give that report to the nurse or midwife but to give
it instead to a medical practitioner or another nurse or midwife
nominated by the nurse or midwife.
(3) If the nurse or midwife does not nominate a medical practitioner
or another nurse or midwife to the impairment review
30 committee within 7 days of being requested to do so by the
committee, the committee may give the report to a medical
practitioner or nurse or midwife selected by the committee.
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(4) The nurse or midwife may make written representations to the
impairment review committee with respect to the report within
7 days after the report is given to him or her or the medical
practitioner or nurse or midwife nominated by him or her or
5 selected by the committee.
69. Role of the impairment review committee
(1) On completion of the investigation of a nurse or midwife and
after considering --
(a) any report given to the committee under section 68(1);
10 and
(b) any representations made by the nurse or midwife under
section 68(4),
the impairment review committee is to decide whether or not
further action should be taken.
15 (2) If the impairment review committee decides that further action
should be taken, it is to request that the nurse or midwife
consent --
(a) to the imposition of conditions on his or her registration;
(b) to the person's registration in relation to a specified type
20 of registration being suspended, for a period, not
exceeding 2 years, specified by the impairment review
committee; or
(c) to undergo counselling specified by the impairment
review committee.
25 (3) If the impairment review committee decides that no further
action should be taken it is to give written advice to that effect
to --
(a) the Board;
(b) the complainant, if any; and
30 (c) the nurse or midwife.
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s. 70
70. Recommendation
(1) If the nurse or midwife does not consent to a request made
under section 69(2) within 10 days of the request being made,
the impairment review committee is to recommend to the Board
5 that the Board make an allegation about the complaint to the
State Administrative Tribunal.
(2) If the nurse or midwife does consent to a request made under
section 69(2) within 10 days of the request being made, the
impairment review committee is to recommend to the Board
10 that the Board take any action to which the nurse or midwife
consented.
(3) A recommendation made under subsection (1) or (2) must be
made in writing and contain details of the committee's
investigation of the nurse or midwife.
15 71. Role of Board
(1) The Board is to consider a recommendation of the impairment
review committee and may --
(a) decide not to take any action;
(b) take any action to which the nurse or midwife consented
20 under section 69(2); or
(c) make an allegation about the complaint to the State
Administrative Tribunal.
(2) For the purpose of taking action to which the nurse or midwife
consented under section 69(2), the Board may --
25 (a) impose the conditions to which the nurse or midwife
consented;
(b) suspend the person's registration in relation to a
specified type of registration for the period specified by
the impairment review committee; or
30 (c) obtain an undertaking from the nurse or midwife to
undergo the counselling specified by the impairment
review committee,
as the case may require.
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(3) Within 7 days of making a decision under subsection (1) or (2),
the Board is to give written notice to the nurse or midwife and
the complainant, if any, of the decision together with short
particulars of the reasons for the decision.
5 Division 7 -- Investigator's role and powers
72. Interpretation
In this Division --
"appointing body", in relation to an investigator, means the
Board or the complaints assessment committee which
10 appointed the investigator.
73. Investigator
(1) The Board or the complaints assessment committee may appoint
a person to investigate a complaint and report to the Board or
committee.
15 (2) A person must not be appointed under subsection (1) unless he
or she has the qualifications prescribed by the regulations.
(3) Qualifications prescribed for the purposes of subsection (2) may
relate to educational qualifications or practical experience, or to
both.
20 (4) An appointing body is to issue to each investigator it appoints a
certificate of appointment in an approved form.
(5) A certificate purporting to have been issued under this section is
evidence in any court of the appointment to which the certificate
purports to relate.
25 74. Report of investigator
(1) An investigator is to --
(a) within such period as the appointing body requires
prepare a report on the investigation, and make
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Investigator's role and powers Division 7
s. 75
recommendations as to the manner in which the
complaint should be dealt with; and
(b) immediately after preparing the report, provide the
appointing body with a copy of the report.
5 (2) The investigator is to return his or her certificate of appointment
at the time the appointing body is provided with a copy of the
report.
75. Powers of investigator
(1) An investigator may for the purposes of an investigation --
10 (a) enter and inspect the premises named in a warrant issued
under section 77(1), and exercise the powers authorised
under section 77(2)(b) and (c);
(b) require a person to produce to the investigator any
document or other thing concerning the investigation
15 that is in the possession or under the control of the
person;
(c) inspect any document or other thing produced to the
investigator and retain it for such reasonable period as
the investigator thinks fit, and make copies of a
20 document or any of its contents;
(d) require a person --
(i) to give the investigator such information as the
investigator requires; and
(ii) to answer any question put to that person,
25 in relation to the matter the subject of the investigation;
and
(e) exercise other powers conferred on an investigator by
the regulations.
(2) A requirement made under subsection (1)(b) --
30 (a) must be made by notice in writing given to the person
required to produce the document or other thing;
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(b) must specify the time at or within which the document
or other thing is to be produced;
(c) may, by its terms, require that the document or other
thing required be produced at a place and by means
5 specified in the requirement; and
(d) where the document required is not in a readable format,
is to be treated as a requirement to produce --
(i) the document itself; and
(ii) the contents of the document in a readable
10 format.
(3) A requirement made under subsection (1)(d) --
(a) may be made orally or by notice in writing served on the
person required to give information or answer a
question, as the case may be;
15 (b) must specify the time at or within which the information
is to be given or the question is to be answered, as the
case may be; and
(c) may, by its terms, require that the information or answer
required --
20 (i) be given orally or in writing;
(ii) be given at or sent or delivered to a place
specified in the requirement;
(iii) in the case of written information or answers be
sent or delivered by means specified in the
25 requirement; or
(iv) be verified by statutory declaration.
(4) If under subsection (1)(b) an investigator requires a person to
produce any document or other thing concerning the
investigation that is in the possession or under the control of the
30 person, the investigator is to inform that person that the person
is required under this Act to produce the document or thing.
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(5) If under subsection (1)(d) an investigator requires a person to
give information or answer a question, the investigator is to
inform that person that the person is required under this Act to
give the information or answer the question.
5 (6) An investigator is to produce his or her certificate of
appointment if requested to do so by a person in respect of
whom the investigator has exercised, or is about to exercise, a
power under this section.
76. Warrant to enter premises
10 (1) If the Board has determined in a particular case that an
investigator has reasonable grounds for believing that entry to
premises is necessary for the purpose of substantiating a
complaint that may involve a threat to the physical or mental
health of a person the investigator may apply to a magistrate for
15 a warrant to be issued in respect of those premises.
(2) An application for a warrant must --
(a) be in writing;
(b) be accompanied by a notice in writing from the Board
stating that it has determined in the particular case that
20 the investigator has reasonable grounds for believing
that entry to premises is necessary for the purpose of
substantiating a complaint that may involve a threat to
the physical or mental health of a person;
(c) set out the grounds for seeking the warrant; and
25 (d) describe the premises that are to be entered.
(3) A magistrate to whom an application is made under this section
is to refuse it if --
(a) the application does not comply with the requirements
of this Act; or
30 (b) when required to do so by the magistrate, the
investigator does not give to the magistrate more
information about the application.
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(4) The information in an application or given to a magistrate under
this section must be verified before the magistrate on oath or
affirmation or by affidavit, and the magistrate may for that
purpose administer an oath or affirmation or take an affidavit.
5 77. Issue of warrant
(1) A magistrate to whom an application is made under section 76
may issue a warrant, if satisfied that there are reasonable
grounds for believing that entry and inspection of the premises
are necessary for the purpose referred to in that section.
10 (2) A warrant under subsection (1) authorises the investigator --
(a) to enter and inspect the premises named in the warrant;
(b) to require a person on the premises to answer questions
or produce documents or other things concerning the
investigation that are in the possession or under the
15 control of the person; and
(c) to inspect documents and other things, and take copies
of or extracts from documents, produced in compliance
with a requirement made under paragraph (b).
(3) There must be stated in a warrant --
20 (a) the purpose for which the warrant is issued;
(b) the name of the person to whom the warrant is issued;
and
(c) a description of the premises that may be entered.
(4) A magistrate who issues a warrant is to cause a record to be
25 made of particulars of the grounds that the magistrate has relied
on to justify the issue of the warrant.
78. Execution of warrant
(1) If asked by an occupier, or a person in charge, of premises, the
person executing a warrant at those premises is to produce it for
30 inspection.
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(2) A warrant ceases to have effect --
(a) at the end of the period of one month after its issue;
(b) if it is withdrawn by the magistrate who issued it; or
(c) when it is executed,
5 whichever occurs first.
Division 8 -- Conciliation
79. Conciliation process
(1) If an attempt is to be made to settle a complaint by conciliation,
the Board is to refer the complaint to the complaints assessment
10 committee.
(2) The complaints assessment committee is to commence
conciliation procedures within 14 days of the complaint being
referred to it under subsection (1) and may for that purpose --
(a) cause conferences of the complainant or person affected
15 by the conduct of the respondent and the respondent, or
their representatives, to be arranged and to be presided
over by a person appointed in accordance with the
regulations;
(b) give advice and make recommendations to assist in the
20 reaching of an agreement; and
(c) cause the persons concerned, or any of them, either
separately or together, to appear before the complaints
assessment committee.
(3) The Board may, with the consent of each of the parties to that
25 agreement, by order give effect to an agreement negotiated
under this Division.
(4) If the Board makes an order under subsection (3) --
(a) the terms of the agreement reached between the parties
referred to in the order are final and binding on those
30 parties; and
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(b) the order may include any action that might have been
taken by the State Administrative Tribunal under
section 81(1) or 82(1).
(5) Evidence of anything lawfully said or done, or any record
5 prepared and produced for the purpose of conciliation, by a
person in the course of the conciliation process is not to be used
in any subsequent consideration of the complaint by the Board
nor, unless that person waives the right to object, is it admissible
in evidence against that person in any subsequent civil
10 proceedings concerning the subject matter of the complaint.
80. Action if conciliation fails
If --
(a) the conciliation process fails to result in an agreement
between the complainant or other person affected by the
15 conduct of the respondent and the respondent;
(b) the Board is satisfied that the parties are not cooperating
with the conciliation process; or
(c) the Board is not satisfied with the result of the
conciliation process,
20 the Board is to --
(d) make a summary order under Division 4;
(e) investigate the complaint; or
(f) make an allegation about the complaint to the State
Administrative Tribunal.
25 Division 9 -- Role of the State Administrative Tribunal
81. Powers of the State Administrative Tribunal on dealing with
a disciplinary matter
(1) If, in a proceeding commenced by an allegation under this Act
against a nurse or midwife, the State Administrative Tribunal is
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of the opinion that a disciplinary matter exists in relation to the
person, the Tribunal may do one or more of the following --
(a) decline to make an order or a requirement under this
subsection;
5 (b) order the registrar to amend the particulars entered in the
register in respect of the person;
(c) caution or reprimand the person;
(d) require the person --
(i) if the patient agrees, to provide further services
10 to a patient at no cost or at an amount determined
by the Tribunal;
(ii) to pay, wholly or in part, for further services to
be provided to a patient by another nurse or
midwife; or
15 (iii) to reduce or refund the amount of any fees paid
in respect of services provided to a patient, to
such an extent as is determined by the Tribunal;
(e) order that the person comply with such conditions as the
Tribunal may impose on the registration of that person;
20 (f) require the person to complete educational or clinical
courses, or both, as specified in the order or to practise
under supervision as specified in the order for a period
specified in the order;
(g) require the person to seek and implement, within a
25 period specified in the order, advice from a person or
persons specified in the order in relation to the
management and conduct of the person's practice of
nursing or midwifery, as the case may be, or the specific
part or aspect of the practice specified in the order;
30 (h) order the person to pay a penalty not exceeding $25 000;
(i) order that the person's registration in relation to a type
of registration specified in the order be cancelled and
name be removed from the register in relation to that
type;
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(j) order that the person's registration in relation to a type
of registration specified in the order be suspended, either
generally or in relation to any specified circumstances or
service, for a period, not exceeding 2 years, specified in
5 the order.
(2) If, in a proceeding commenced by an allegation under this Act
against a person who was a nurse or midwife when the
disciplinary matter allegedly occurred but who is no longer a
nurse or midwife, the State Administrative Tribunal is of the
10 opinion that a disciplinary matter exists in relation to that
person, the only powers that the Tribunal may exercise are the
powers in subsection (1)(a), (c), (d)(ii) and (iii) and (h).
82. Powers of the State Administrative Tribunal on dealing with
an impairment matter
15 (1) If, in a proceeding commenced by an allegation under
section 71(1)(c), the State Administrative Tribunal is of the
opinion that an impairment matter exists in relation to a nurse or
midwife, the Tribunal may do one or more of the following --
(a) decline to make an order or a requirement under this
20 subsection;
(b) order that the person comply with such conditions as the
Tribunal may impose on the registration of that person;
(c) require the person to seek and undergo medical
treatment or counselling specified by the Tribunal;
25 (d) order that the person's registration in relation to a type
of registration specified in the order be suspended, either
generally or in relation to any specified circumstances or
service, for the period of time, not exceeding 2 years,
specified by the State Administrative Tribunal in the
30 order.
(2) If, during the course of hearing an allegation in respect of an
impairment matter, the State Administrative Tribunal
determines that the allegation involves a disciplinary matter, the
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Tribunal may deal with it under section 81(1) or (2) instead of
under this section.
Division 10 -- Miscellaneous
83. Suspension
5 (1) If, under section 57(1)(c), 71(2)(b), 81(1)(j) or 82(1)(d), a
person's registration in relation to a specified type of
registration is suspended generally, the person is to be regarded
as not being registered in relation to that type of registration
during the period of the suspension.
10 (2) If, under section 57(1)(c), 81(1)(j) or 82(1)(d), a person's
registration in relation to a specified type of registration is
suspended in relation to any specified circumstances or service,
the person is to be regarded as not being registered in relation to
that type of registration during the period of the suspension in
15 relation to the circumstances or the performance of the service
specified in the order of suspension.
(3) The Board may, by notice in writing, revoke a suspension,
either generally or to a specified extent, and may direct in the
notice that the revocation has effect from a date specified in the
20 notice.
(4) The Board cannot revoke a suspension that was imposed by the
State Administrative Tribunal under section 81(1)(j) or 82(1)(d)
unless it has applied for, and obtained, the approval of the
Tribunal to do so.
25 84. Costs and recovery
(1) The Board may, in addition to or instead of exercising a power
under section 61(1) or 71(1), order the respondent to pay such
costs and expenses of or arising from the investigation and
exercise of that power as the Board thinks fit.
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Nurses and Midwives Bill 2005
Part 5 Disciplinary and impairment matters
Division 10 Miscellaneous
s. 84
(2) Any costs or expenses ordered to be paid under this section are
recoverable by the Board in a court of competent jurisdiction as
a debt due to the Board.
(3) The Board may, in exceptional circumstances, pay from the
5 funds of the Board to a respondent against whom there has been
no adverse finding the costs or part of the costs incurred by that
person.
(4) In subsection (3) --
"adverse finding" means a finding that a disciplinary or
10 impairment matter exists.
page 58
Nurses and Midwives Bill 2005
Offences Part 6
s. 85
Part 6 -- Offences
85. Persons who may practise nursing or midwifery or a
specialty
(1) A person must not practise nursing unless that person is an
5 enrolled nurse, nurse practitioner or registered nurse and, in the
case of an enrolled nurse, does so under the professional
direction of a midwife, nurse practitioner or registered nurse.
(2) A person must not practise midwifery unless that person is a
midwife.
10 (3) A person must not practise a specialty unless that person is a
specialist registered to practise that specialty.
Penalty applicable to subsections (1), (2) and (3):
(a) in the case of an individual --
(i) for a first offence, $5 000; and a daily penalty
15 of $200;
(ii) for a second or subsequent offence, $10 000;
and a daily penalty of $400;
(b) in any other case --
(i) for a first offence, $10 000; and a daily
20 penalty of $400;
(ii) for a second or subsequent offence, $20 000;
and a daily penalty of $800.
86. Persons who may be employed or engaged to practise
nursing or midwifery or a specialty
25 (1) A person must not employ or engage a person to practise
nursing unless the person employed or engaged is an enrolled
nurse, nurse practitioner or registered nurse and, in the case of
an enrolled nurse, is employed or engaged to do so under the
professional direction of a midwife, nurse practitioner or
30 registered nurse.
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Nurses and Midwives Bill 2005
Part 6 Offences
s. 87
(2) A person must not employ or engage a person to practise
midwifery unless the person employed or engaged is a midwife.
(3) A person must not employ or engage a person to practise a
specialty unless the person employed is a specialist registered to
5 practise that specialty.
Penalty applicable to subsections (1), (2) and (3):
(a) in the case of an individual --
(i) for a first offence, $5 000; and a daily penalty
of $200;
10 (ii) for a second or subsequent offence, $10 000;
and a daily penalty of $400;
(b) in any other case --
(i) for a first offence, $10 000; and a daily
penalty of $400;
15 (ii) for a second or subsequent offence, $20 000;
and a daily penalty of $800.
87. Exceptions to sections 85 and 86
(1) In this section --
"student" means a person who is enrolled as a student and is
20 studying for a qualification referred to in section 27(2)(f)
or 28(2)(b).
(2) For the purposes of sections 85 and 86, a person is not
practising nursing or midwifery only because --
(a) the person is a student; or
25 (b) the person employs or engages a person who practises
nursing or midwifery.
(3) For the purpose of sections 85 and 86, a person is not practising
a specialty only because --
(a) the person is studying a specialty under the immediate
30 personal supervision of a specialist registered to practise
that specialty; or
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Nurses and Midwives Bill 2005
Offences Part 6
s. 88
(b) the person engages or employs a person who practises
that specialty.
88. Use of titles or pretending to be registered
A person must not --
5 (a) use the title "enrolled nurse" unless the person is an
enrolled nurse;
(b) use the title "midwife" unless the person is a midwife;
(c) use the title "nurse practitioner" unless the person is a
nurse practitioner;
10 (d) use the title "registered nurse" unless the person is a
registered nurse;
(e) use a title under which a specialty may be practised that
is prescribed under section 31(6) unless that person is
registered to practise that specialty;
15 (f) advertise or otherwise hold out or imply, that the person
is registered or entitled, either alone or with others, to
practise nursing, unless that person is an enrolled nurse,
nurse practitioner or registered nurse; or
(g) advertise or otherwise hold out or imply, that the person
20 is registered or entitled, either alone or with others, to
practise midwifery, unless that person is a midwife.
Penalty:
(a) for a first offence, $2 500; and a daily penalty of
$100;
25 (b) for a second or subsequent offence, $5 000; and a
daily penalty of $200.
89. Name in which practice may be carried on
(1) A nurse must not carry on the practice of nursing under any
name other than the name of the person as recorded in the
30 register, unless the person has the written consent of the Board
to do so, and complies with any conditions imposed by the
Board.
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Nurses and Midwives Bill 2005
Part 6 Offences
s. 90
(2) A midwife must not carry on the practice of midwifery under
any name other than the name of the person as recorded in the
register, unless the person has the written consent of the Board
to do so, and complies with any conditions imposed by the
5 Board.
Penalty applicable to subsections (1) and (2):
(a) for a first offence, $2 500;
(b) for a second or subsequent offence, $5 000.
90. Unlawful delegation by registered person
10 A registered person must not, except as authorised by the rules,
authorise or permit a person who is not a registered person to
carry out any nursing for or on behalf of the registered person.
Penalty:
(a) for a first offence, $2 500;
15 (b) for a second or subsequent offence, $5 000.
91. Undue influence
A person must not cause or induce --
(a) a nurse to do any thing in the course of practising
nursing; or
20 (b) a midwife to do any thing in the course of practising
midwifery,
that the person is aware, or ought reasonably to be aware, is
conduct that would constitute a disciplinary matter.
Penalty:
25 (a) in the case of an individual, $5 000;
(b) in any other case, $10 000.
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Nurses and Midwives Bill 2005
Offences Part 6
s. 92
92. Failure to comply with disciplinary action
A person must not contravene or fail to comply with an order of
the Board given to that person under section 57 or 62.
Penalty:
5 (a) in the case of an individual, $5 000;
(b) in any other case, $10 000.
93. False or misleading information
(1) A person must not do any of the things set out in
subsection (2) --
10 (a) in relation to an application;
(b) in relation to the compliance, or purported compliance,
with any requirement of this Act to give the Board or the
registrar advice or information; or
(c) in relation to an attempt at conciliation under section 79.
15 Penalty: $24 000 or imprisonment for 2 years.
(2) The things to which subsection (1) applies are --
(a) making a statement which the person knows is false or
misleading in a material particular;
(b) making a statement which is false or misleading in a
20 material particular, with reckless disregard as to whether
or not the statement is false or misleading in a material
particular;
(c) providing, or causing to be provided, information that
the person knows is false or misleading in a material
25 particular; or
(d) providing, or causing to be provided, information that is
false or misleading in a material particular, with reckless
disregard as to whether the information is false or
misleading in a material particular.
page 63
Nurses and Midwives Bill 2005
Part 6 Offences
s. 94
94. Offences in relation to investigation
(1) Where under section 75 a person is required to give any
information, answer any question, or produce any document or
thing and that person, without reasonable excuse (proof of
5 which lies on the person) --
(a) fails to give that information or answer that question at
or within the time specified in the requirement;
(b) gives any information or answer that is false in any
particular; or
10 (c) fails to produce that document or thing at or within the
time specified in the requirement,
the person commits an offence.
Penalty:
(a) in the case of an individual, $5 000;
15 (b) in any other case, $10 000.
(2) It is a defence in any proceeding for an offence under
subsection (1)(a) or (c) for the accused to show --
(a) that, in the case of an alleged offence arising out of a
requirement made orally under section 75, the
20 investigator did not, when making the requirement,
inform the accused that he or she was required under
this Act to give the information or answer the question,
as the case may be;
(b) that, in the case of an alleged offence arising out of a
25 requirement made by notice in writing under section 75,
the notice did not state that he or she was required under
this Act to give the information, answer the question, or
produce the document or thing, as the case may be;
(c) that the time specified in the requirement did not afford
30 the accused sufficient notice to enable him or her to
comply with the requirement; or
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Nurses and Midwives Bill 2005
Offences Part 6
s. 95
(d) that, in any case, the investigator did not, before making
the requirement, have reasonable grounds to believe that
compliance with the requirement would materially assist
in the investigation being carried out.
5 95. Obstruction of investigator
A person must not prevent or attempt to prevent an investigator
from entering premises or otherwise obstruct or impede an
investigator in the exercise of his or her powers under
section 75.
10 Penalty:
(a) in the case of an individual, $5 000;
(b) in any other case, $10 000.
96. Assistance to execute warrant
A nurse or midwife, and any person --
15 (a) who engages or employs the nurse or midwife to
practise nursing or midwifery;
(b) who is engaged or employed by the nurse or midwife in
the nurse or midwife's practice; or
(c) with whom the nurse or midwife practises nursing or
20 midwifery in partnership,
at the premises named in the warrant is to provide all reasonable
assistance to an investigator executing the warrant issued under
section 77.
Penalty:
25 (a) in the case of an individual, $2 500;
(b) in any other case, $5 000.
97. Surrender of certificate
(1) Where a person's type of registration is cancelled or suspended,
the person is, within 14 days after the day on which the person
30 is notified by the Board of the cancellation or suspension, to
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Nurses and Midwives Bill 2005
Part 6 Offences
s. 98
surrender to the Board his or her certificate of registration in
relation to that type of registration.
Penalty: $1 000.
(2) The Board may direct in writing that a person whose type of
5 registration is suspended under section 57 is not obliged to
comply with subsection (1) and, in that case, the subsection
does not apply to that person.
(3) It is a defence to a prosecution for an offence against
subsection (1) if the accused satisfies the court that the failure to
10 surrender the certificate was due to its loss or destruction.
98. Incriminating information, questions, or documents
An individual is not excused from complying with a
requirement under section 75 on the ground that the answer to a
question or the production of a document or other thing might
15 incriminate the individual or render the individual liable to a
penalty, but neither --
(a) an answer given by the individual that was given to
comply with the requirement; nor
(b) the fact that a document or other thing produced by the
20 individual to comply with the requirement was
produced,
is admissible in evidence in any civil or criminal proceedings
against the individual other than proceedings for an offence
against section 94(1)(b).
25 99. Legal professional privilege
Nothing in Part 5 or this Part prevents a person from refusing to
answer a question, provide information or produce a document
or other thing because the answer or information would relate
to, or the document or thing contains, information in respect of
30 which the person claims legal professional privilege.
page 66
Nurses and Midwives Bill 2005
Codes of practice, rules and regulations Part 7
s. 100
Part 7 -- Codes of practice, rules and regulations
100. Codes of practice
(1) The Board may, with the approval of the Minister, issue codes
of practice for --
5 (a) the practice of nursing and the conduct of an enrolled
nurse or registered nurse;
(b) the practice of nursing and the conduct of a nurse
practitioner, in accordance with subsection (2); or
(c) the practice of midwifery and the conduct of a midwife.
10 (2) A code of practice referred to in subsection (1)(b) is to contain
only information recommended by the Commissioner, as
defined in the Health Act 1911 section 3(1), with respect to the
functions of nurse practitioners, including --
(a) the possession, use, supply or prescription of poisons, as
15 defined in the Poisons Act 1964 section 5(1), by a nurse
practitioner;
(b) the requesting, or undertaking, of diagnostic testing or
therapies;
(c) the undertaking of treatments by a nurse practitioner;
20 and
(d) such other functions as are necessary or convenient with
respect to the practice of nursing as a nurse practitioner
and the conduct of a nurse practitioner,
and anything incidental or conducive to those functions.
25 (3) The code of practice may adopt the provisions of other
publications, whether with or without modification or addition
and whether in force at a particular time or from time to time.
(4) A breach of a code of practice does not of itself constitute a
disciplinary matter for the purposes of section 49 but in any
30 proceedings under Part 5 such a breach may be asserted and
may be taken into account in determining any question that
arises under that Part.
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Part 7 Codes of practice, rules and regulations
s. 101
(5) Except as provided in subsection (4) or the Radiation Safety
Act 1975 Part III, no civil or criminal liability attaches to a
person by reason only that the person has committed a breach of
a code of practice.
5 (6) The Interpretation Act 1984 sections 41, 42, 43 and 44 apply to
the code of practice as if the code of practice were regulations.
101. Rules
(1) The Board may make rules prescribing all matters required or
permitted by this Act to be prescribed by rules or necessary or
10 convenient to be prescribed for carrying out this Act.
(2) Without limiting subsection (1), rules may be made for all or
any of the following purposes --
(a) prescribing the courses of study and training, including
practical experience, to be undertaken, and the
15 examinations to be passed, by persons desiring to be
registered under this Act, and determining the
qualifications to be held by persons wanting to study
nursing or midwifery;
(b) regulating the holding of examinations and the
20 appointment of examiners and for the issue of diplomas
or certificates to persons passing the examinations;
(c) regulating the practice of nursing by an enrolled nurse,
nurse practitioner or registered nurse and the manner of
carrying on that practice;
25 (d) regulating the practice of midwifery by a midwife and
the manner of carrying on that practice;
(e) prescribing what diplomas, degrees or certificates of
schools of nursing or midwifery or other evidence of
qualification will be recognised and accepted by the
30 Board as a substitute for the examinations of the Board,
and whether immediately or after further training;
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Nurses and Midwives Bill 2005
Codes of practice, rules and regulations Part 7
s. 102
(f) regulating the manner in which nurses or midwives may
advertise or display or publicise their practice of nursing
or midwifery.
(3) A rule made under subsection (1) has no effect unless and until
5 it is confirmed by the Governor.
(4) Nothing in subsection (3) affects the operation of the
Interpretation Act 1984 Part VI.
(5) The rules may provide that contravention of a rule is an offence,
and provide, for an offence against the rules, a penalty not
10 exceeding a fine of $5 000.
102. Regulations
(1) The Governor may make regulations --
(a) prescribing all matters that are required or permitted by
the Act to be prescribed by regulation; and
15 (b) with respect to any matter on which the Board may
make rules.
(2) Without limiting subsection (1), regulations may be made for all
or any of the following purposes --
(a) regulating the meetings and proceedings of, and the
20 conduct of business by, the Board or a committee;
(b) making provisions relating to registration, including
applications for and the amendment or renewal of
registration;
(c) maintaining the accuracy of the register;
25 (d) regulating the issue, display and use of certificates of
registration;
(e) regulating the manner of making to the complaints
assessment committee any complaint against or
concerning a person who is, or was, registered and who
30 may make such a complaint;
(f) regulating the conduct of investigations under Part 5;
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Part 7 Codes of practice, rules and regulations
s. 103
(g) regulating the conduct of conciliation conferences under
section 79 and the appointment of persons to preside
over those conferences;
(h) prescribing the fees to be paid for the purposes of this
5 Act and the persons liable for payment;
(i) prescribing returns and notices that are to be given to the
Board, and the manner in which they are to be given;
(j) providing that information supplied to the Board may be
required to be verified by statutory declaration.
10 (3) Where a regulation is inconsistent with a rule the regulation
prevails to the extent of the inconsistency.
(4) The regulations may provide that contravention of a regulation
is an offence, and provide, for an offence against the
regulations, a penalty not exceeding a fine of $5 000.
15 103. Forms
Forms that are convenient for the purposes of this Act may
be --
(a) prescribed by the regulations or rules; or
(b) approved.
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Nurses and Midwives Bill 2005
Miscellaneous Part 8
s. 104
Part 8 -- Miscellaneous
104. Protection
(1) An action in tort does not lie against a person for anything that
the person has done, in good faith, in the performance or
5 purported performance of a function under this Act.
(2) The Crown is also relieved of any liability that it might
otherwise have had for another person having done anything as
described in subsection (1).
(3) The protection given by this section applies even though the
10 thing done as described in subsection (1) may have been
capable of being done whether or not this Act had been enacted.
(4) In this section, a reference to the doing of anything includes a
reference to an omission to do anything.
(5) A person who, in relation to any investigation under Part 5 --
15 (a) performs any function under that Part; or
(b) is otherwise concerned in proceedings under that Part,
has, in respect of any such function or concern, the same
protection and immunity as a member or officer of the Supreme
Court, or a witness or party before the Supreme Court, would
20 have in respect of a function or concern of a like nature related
to the jurisdiction of the Supreme Court.
105. Notice of decision to be given
(1) Subsection (2) applies to the following decisions --
(a) any decision refusing an application to the Board for
25 registration;
(b) any decision to impose, or vary, a condition under
section 27, 28, 29, 30, 31, 32 or 37(4), otherwise than by
consent;
(c) any decision under section 30(5); or
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Part 8 Miscellaneous
s. 106
(d) any decision to remove a name from the register under
section 42.
(2) If the Board makes a decision to which this subsection applies,
it is to record the grounds on which the decision was based, and
5 its reasons, and is as soon as is practicable, but in any case not
later than 30 days after making the decision, to give written
notice of the decision, together with those grounds and reasons,
to the person to whom the decision relates.
106. Review
10 A person who is aggrieved by --
(a) an order under section 57 or 62; or
(b) a decision referred to in section 105(1),
may apply to the State Administrative Tribunal for a review of
the order or decision.
15 107. Publication of proceedings etc.
(1) Subsection (2) applies to the following --
(a) the Board, any member of the Board, the registrar or any
officer or delegate of the Board or registrar;
(b) any committee or any member of a committee or person
20 referred to in section 16(5);
(c) any board or authority outside the State charged with
regulating the registration and supervision of nurses or
midwives or any officer or agent of, or person engaged
or employed by, the board or authority;
25 (d) any journalist for, the proprietor or any person
concerned in the publication or operation of, any
newspaper or periodical or of any electronic medium.
(2) Without limiting the operation of section 104, no action, claim
or demand lies against a person to whom this subsection applies
30 in respect of the communication or publication in good faith of
any finding, reason or decision of the Board, the complaints
assessment committee, the impairment review committee or the
State Administrative Tribunal.
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Miscellaneous Part 8
s. 108
(3) The Board may give notice of a finding, reason or decision of
the Board, the complaints assessment committee, the
impairment review committee or the State Administrative
Tribunal in respect of a person to --
5 (a) any person referred to in subsection (1)(c) or (d);
(b) any body that has granted the person a qualification that
is entered in the register;
(c) any relevant professional association or trade union of
which the person is a member;
10 (d) any person who has engaged or employed the person to
practise nursing or midwifery or any person with whom
the person practises nursing or midwifery in partnership;
and
(e) any other person who, in the opinion of the Board,
15 should be made aware of the finding, reason or decision,
and may publish notice of the finding, reason or decision in the
Gazette or in such other manner as the Board thinks fit.
108. Legal proceedings
(1) Any proceedings for an offence against this Act may be taken in
20 the name of the Board by the registrar or any other person
authorised in that behalf by the Board.
(2) All proceedings for offences against this Act are to be heard by
a court of summary jurisdiction constituted by a magistrate.
(3) In any proceedings no proof is required of --
25 (a) the appointment of a member or deputy of a member of
the Board or a member or a deputy member of a
committee; or
(b) the authorisation of a person under subsection (1),
but an averment in a prosecution notice that the person is so
30 appointed or authorised is to be taken to be proved in the
absence of evidence to the contrary.
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Part 8 Miscellaneous
s. 109
(4) In all courts and before all persons and bodies authorised to
receive evidence, in the absence of evidence to the contrary --
(a) a certificate purporting to be issued on behalf of the
Board and stating that a person was or was not
5 registered by the Board, the conditions to which a
registration was subject, or that a person's type of
registration was suspended, on any day or days or during
a period mentioned in the certificate, is evidence of the
matters so stated;
10 (b) a copy of or extract from a register or any statement that
purports to reproduce matters entered in the register that
is certified by the registrar as a true copy, extract or
statement, is evidence of the facts appearing in that
copy, extract or statement; and
15 (c) judicial notice is to be taken of the fact that a person is
the holder of the office of registrar and of the signature
of the registrar on a certificate purporting to be issued
under paragraph (b).
(5) A notice or appointment purporting to be signed by the
20 chairperson or a person referred to in section 51(5)(b)
or 52(4)(b) is to be presumed to be duly signed until the
contrary is shown.
109. Liability of certain officers of body corporate: offences
(1) If a body corporate is charged with an offence under this Act,
25 every person who was an officer of the body corporate at the
time of the alleged offence may also be charged with the
offence.
(2) If a body corporate and an officer are charged as permitted by
subsection (1) and the body corporate is convicted of the
30 offence, the officer is to be taken to have also committed the
offence, subject to subsection (5).
(3) If a body corporate commits an offence under this Act, then,
although the body corporate is not charged with the offence,
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Nurses and Midwives Bill 2005
Miscellaneous Part 8
s. 110
every person who was an officer of the body corporate at the
time the offence was committed may be charged with the
offence.
(4) If an officer is charged as permitted by subsection (3) and it is
5 proved that the body corporate committed the offence, the
officer is to be taken to have also committed the offence, subject
to subsection (5).
(5) If under this section an officer is charged with an offence it is a
defence to prove --
10 (a) that the offence was committed without the officer's
consent or connivance; and
(b) that the officer took all the measures to prevent the
commission of the offence that he or she could
reasonably be expected to have taken having regard to
15 the officer's functions and to all the circumstances.
110. Review of Act
(1) The Minister is to carry out a review of the operation and
effectiveness of this Act as soon as is practicable after the
expiration of 5 years from its commencement, and in the course
20 of that review the Minister is to consider and have regard to --
(a) the effectiveness of the operations of the Board;
(b) the need for the continuation of the functions of the
Board; and
(c) any other matters that appear to the Minister to be
25 relevant to the operation and effectiveness of this Act.
(2) The Minister is to prepare a report based on the review made
under subsection (1) and as soon as is practicable after the
preparation of the report, cause it to be laid before each House
of Parliament.
30 111. Nurses Act 1992 repealed
The Nurses Act 1992 is repealed.
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Nurses and Midwives Bill 2005
Part 8 Miscellaneous
s. 112
112. Nurses Rules 1993 repealed
The Nurses Rules 1993 are repealed.
113. Transitional and savings provisions
Schedule 2 sets out transitional and savings provisions.
5 114. Consequential amendments
Schedule 3 sets out consequential amendments.
page 76
Nurses and Midwives Bill 2005
Constitution and proceedings of the Board Schedule 1
General provisions Division 1
cl. 1
Schedule 1 -- Constitution and proceedings of the Board
[s. 8]
Division 1 -- General provisions
1. Term of office
5 (1) Subject to clause 4, a member of the Board holds office for such term,
not exceeding 3 years, as is specified in the member's instrument of
appointment.
(2) Subject to subclause (3), a member of the Board is not to hold office
for more than 9 years, consecutively or otherwise.
10 (3) If in the opinion of the Minister there are special reasons for doing so,
a person may be appointed so that he or she holds office for more than
9 years, consecutively or otherwise.
2. Functions of deputy presiding member
(1) The deputy presiding member is to perform the functions of the
15 presiding member when the presiding member is unable to do so by
reason of illness, absence or other cause, or when the office of
presiding member is vacant.
(2) No act or omission of the deputy presiding member acting as
presiding member is to be questioned on the ground that the occasion
20 for his or her so acting had not arisen or had ceased.
3. Deputy members
(1) The Minister may appoint an eligible person to be a deputy of a
member and may terminate such an appointment at any time.
(2) The provisions of section 6 that apply to and in relation to the
25 appointment of a member apply, with any necessary modification, to
and in relation to the appointment of the deputy of that member.
(3) A deputy of a member may perform the functions of the member
when the member is unable to do so by reason of illness, absence or
other cause.
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Nurses and Midwives Bill 2005
Schedule 1 Constitution and proceedings of the Board
Division 1 General provisions
cl. 4
(4) Despite anything in this Act, a deputy of a member may continue to
act as a member, after the occasion for so acting has ceased, for the
purpose of completing any function.
(5) A deputy of a member, while acting as a member, has all the
5 functions of and all the protection given to a member.
(6) No act or omission of a person acting in place of another under this
clause is to be questioned on the ground that the occasion for so
acting had not arisen or had ceased.
4. Vacation of office by member
10 (1) A member of the Board may resign from office by notice in writing
given to the Minister.
(2) A member who resigns under subclause (1) is to give a copy of the
notice of resignation to the registrar.
(3) A member of the Board may be removed from office by the
15 Minister --
(a) for mental or physical disability, incompetence, neglect of
duty or misconduct that impairs the performance of the
member's duties;
(b) if the member is an insolvent under administration, as that
20 term is defined in the Corporations Act section 9;
(c) if the member is absent without leave of the Board from
3 consecutive meetings of the Board of which the member
has had notice; or
(d) for any other act or omission that in the opinion of the
25 Minister may cause prejudice or injury to the Board.
(4) A member of the Board must be removed from office by the Minister
if the member ceases to hold a position or qualification by virtue of
which the member was appointed or if, in the case of a member who
is a nurse or midwife, a type of registration of the member is
30 suspended.
5. General procedure concerning meetings
(1) The presiding member is to preside at all meetings of the Board at
which he or she is present.
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Constitution and proceedings of the Board Schedule 1
General provisions Division 1
cl. 6
(2) If both the presiding member and deputy presiding member are absent
from a meeting the members present are to appoint one of their
number to preside.
(3) A quorum for a meeting of the Board is 7 members.
5 (4) The procedure for convening meetings of the Board and the conduct
of business at those meetings is, subject to this Act, to be as
determined by the Board.
6. Voting
(1) A decision of the majority of members at a meeting of the Board at
10 which a quorum is present is the decision of the Board.
(2) If the votes of members present at a meeting and voting are equally
divided the member presiding at the meeting is to have a casting vote
in addition to a deliberative vote.
7. Holding meetings remotely
15 The presence of a person at a meeting of the Board need not be by
attendance in person but may be by that person and each other person
at the meeting being simultaneously in contact by telephone, or other
means of instantaneous communication.
8. Resolution without meeting
20 A resolution in writing signed by each member of the Board or
assented to by each member by letter, facsimile transmission,
electronic mail or other written means has effect as if it had been
passed at a meeting of the Board.
9. Minutes
25 The Board is to ensure that an accurate record is kept and preserved of
the proceedings at each meeting of the Board and of each resolution
passed by the Board.
page 79
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Schedule 1 Constitution and proceedings of the Board
Division 2 Disclosure of interests etc.
cl. 10
Division 2 -- Disclosure of interests etc.
10. Meaning of "member"
In this Division --
"member" means a member of the Board or a member or a deputy
5 member of a committee, as the case may be.
11. Disclosure of interests
(1) A member who has a material personal interest in a matter being
considered or about to be considered by the Board or a committee
must, as soon as possible after the relevant facts have come to the
10 member's knowledge, disclose the nature of the interest at a meeting
of the Board or the committee.
Penalty: $10 000.
(2) A disclosure under subclause (1) is to be recorded in the minutes of
the meeting.
15 12. Exclusion of interested member
(1) A member who has a material personal interest in a matter that is
being considered by the Board or a committee --
(a) must not vote, whether at a meeting or otherwise, on the
matter; and
20 (b) must not be present while the matter is being considered at a
meeting.
(2) In subclause (1)(a) or (b) a reference to a matter also refers to a
proposed resolution under clause 13 in respect of the matter, whether
relating to that member or a different member.
25 13. Board or committee may resolve that clause 12 inapplicable
Clause 12 does not apply if the Board or a committee has at any time
passed a resolution that --
(a) specifies the member, the interest, and the matter; and
(b) states that the members voting for the resolution are satisfied
30 that the interest should not disqualify the member from
considering or voting on the matter.
page 80
Nurses and Midwives Bill 2005
Constitution and proceedings of the Board Schedule 1
Disclosure of interests etc. Division 2
cl. 14
14. Quorum where clause 12 applies
(1) Despite clause 5(3), when the Board is dealing with a matter in
relation to which a member of the Board is disqualified under
clause 12, 6 members who are entitled to vote on any motion that may
5 be moved in relation to the matter constitute a quorum.
(2) The Minister may deal with a matter to the extent that the Board
cannot deal with it because of subclause (1).
15. Minister may declare clauses 12 and 14 inapplicable
(1) The Minister may by writing declare that clause 12 or 14 does not
10 apply in relation to a specified matter, either generally or for the
purpose of dealing with particular proposed resolutions.
(2) The Minister is to, within 14 sitting days after a declaration under
subclause (1) is made, cause a copy of the declaration to be laid
before each House of Parliament.
page 81
Nurses and Midwives Bill 2005
Schedule 2 Transitional and savings
cl. 1
Schedule 2 -- Transitional and savings
[s. 113]
1. Terms used in this Schedule
In this Schedule --
5 "commencement day" means the day on which this Act comes into
operation;
"liability" means any liability, duty or obligation whether actual,
contingent or prospective, liquidated or unliquidated, or whether
owed alone or jointly or jointly and severally with any other
10 person;
"professional standards committee" means the professional
standards committee established under the repealed Act;
"register" means the register referred to in the repealed Act
section 33;
15 "right" means any right, power, privilege or immunity whether
actual, contingent or prospective;
"the former Board" means the Nurses Board of Western Australia
established under the repealed Act;
"the new Board" means the Nurses and Midwives Board of Western
20 Australia established under this Act;
"the repealed Act" means the Nurses Act 1992.
2. Interpretation Act 1984 not affected
The provisions of this Schedule do not prejudice or affect the
application of the Interpretation Act 1984 to and in relation to the
25 repeals effected by sections 111 and 112.
3. The Nurses Registration Board continues
(1) The new Board is a continuation of, and the same legal entity as, the
former Board and the rights and liabilities of the entity are not
affected.
30 (2) If in a written law or other document or instrument there is a reference
to the former Board, that reference may, where the context so
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Transitional and savings Schedule 2
cl. 4
requires, be read as if it had been amended to be a reference to the
new Board.
4. Board members
(1) A member of the former Board ceases to be a member on the
5 commencement day.
(2) Six of the members of the new Board as first constituted under this
Act are to hold office for such term, not exceeding 18 months, as is
specified in the member's instrument of appointment.
5. The registrar and other staff
10 (1) The Registrar of the former Board who held office immediately
before the commencement day continues in office, under and subject
to this Act, as the registrar of the new Board.
(2) The other officers of the former Board who held office immediately
before the commencement day continue in office, under and subject to
15 this Act, as officers of the new Board.
(3) A person mentioned in subclause (1) or (2) is to be regarded as having
been engaged or employed, as is relevant, under this Act.
(4) Except as otherwise agreed by a person mentioned in subclause (1)
or (2), the remuneration, existing or accrued rights, rights under a
20 superannuation scheme or continuity of service of the person are not
affected, prejudiced or interrupted by the operation of subclause (1)
or (2) or the repeal of the Nurses Act 1992.
(5) The rights under a superannuation scheme of a person who was a
Registrar or officer of the former Board are not affected, prejudiced or
25 interrupted by the repeal of the Nurses Act 1992.
6. Persons entered in division 1 of the register
(1) A natural person who immediately before the commencement day
was entered in division 1 of the register is, on the commencement day,
to be taken to be registered under this Act as a registered nurse for the
30 period that, and subject to the same conditions as, applied to that
person's registration under division 1 under the repealed Act.
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Schedule 2 Transitional and savings
cl. 7
(2) A natural person who immediately before the commencement day
was entered in division 1 of the register as having a qualification in
midwifery is, on the commencement day, to be taken to be registered
under this Act as a midwife.
5 (3) A natural person who immediately before the commencement day
was registered under the repealed Act as a nurse practitioner is, on the
commencement day, to be taken to be registered under this Act as a
nurse practitioner for the period that, and subject to the same
conditions as, applied to that person's registration as a nurse
10 practitioner under the repealed Act.
(4) If under subclause (1), (2) or (3) a person is to be taken to be
registered under this Act, the new Board may within 6 months of the
commencement day, by notice in writing to the person, impose the
conditions referred to in section 32(2) on the person's registration
15 under this Act.
(5) If a natural person was entered in division 1 of the register
immediately before the commencement day as a specialty mental
health nurse, mental retardation nurse or paediatric nurse, on the
commencement day, it is to be taken to be a condition of the person's
20 registration under subclause (1) that the nurse may practise only as a
mental health nurse, mental retardation nurse or paediatric nurse.
7. Persons entered in division 2 of the register under the repealed
Act section 34(b)(i)
(1) A natural person whose name was entered in division 2 of the register
25 under the repealed Act section 34(b)(i) immediately before the
commencement day is, on the commencement day, to be taken to be
registered under this Act as an enrolled nurse for the period that, and
subject to the same conditions as, applied to that person's registration
under the repealed Act.
30 (2) Subclause (1) does not apply to a person whose name was entered in
division 2 of the register under the repealed Act section 34(b)(i)
immediately before the commencement day only as a dental nurse.
(3) If under subclause (1) a person is to be taken to be registered under
this Act, the new Board may within 6 months of the commencement
35 day, by notice in writing to the person, impose the conditions referred
to in section 32(2) on the person's registration under this Act.
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Transitional and savings Schedule 2
cl. 8
(4) If a natural person was entered in division 2 of the register
immediately before the commencement day as an enrolled mental
health nurse, on the commencement day, it is to be taken to be a
condition of the person's registration under subclause (1) that the
5 nurse may practise only as an enrolled mental health nurse.
8. Persons entered in division 2 of the register under the repealed
Act section 34(b)(ii)
(1) This clause applies to a natural person whose name, immediately
before the commencement day, was entered in division 2 of the
10 register under the repealed Act section 34(b)(ii) as a children's nurse
(a "children's nurse") or mothercraft nurse (a "mothercraft
nurse").
(2) A children's nurse or mothercraft nurse is to be taken to be registered
under this Act as an enrolled nurse for the period that, and subject to
15 the same conditions as, applied to that person's registration under the
repealed Act.
(3) If under subclause (2) a person is to be taken to be registered under
this Act as an enrolled nurse, the new Board may within 6 months of
the commencement day, by notice in writing to the person, impose the
20 conditions referred to in section 32(2) on the person's registration
under this Act.
(4) It is to be taken to be a condition of registration as a children's nurse
or mothercraft nurse under subclause (2) that the children's nurse or
mothercraft nurse may practise only as a children's nurse or
25 mothercraft nurse.
9. Persons granted honorary or temporary registration under the
repealed Act
A person who immediately before the commencement day was
registered under the repealed Act section 25 or 27 is, on the
30 commencement day, to be taken to be registered under section 30 for
the period that, and subject to the same conditions as, applied to that
person's registration under the repealed Act.
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Schedule 2 Transitional and savings
cl. 10
10. Persons granted provisional registration under the repealed Act
A person who immediately before the commencement day was
registered under the repealed Act section 26 is, on the commencement
day, to be taken to be registered under section 29 for the period that,
5 and subject to the same conditions as, applied to that person's
registration under the repealed Act.
11. Registered body corporate
A body corporate registered under the repealed Act section 24
immediately before the commencement day ceases to be so registered
10 on the commencement day.
12. Register
The register kept under the repealed Act section 33 immediately
before the commencement day is to be taken to be the register
required to be kept under section 38.
15 13. Certificates of registration issued under the repealed Act
A certificate of registration in force under the repealed Act
immediately before the commencement day is, subject to this Act, to
be taken to be a certificate of registration for the purposes of this Act.
14. Restoration of certain names to the register
20 If a natural person's name has been struck off the register under the
repealed Act section 69(b), section 37 applies to that person as if the
person were a disqualified person as defined in section 37(1).
15. Suspensions
If immediately before the commencement day a natural person was
25 suspended under the repealed Act section 69(c), section 83 applies to
the suspension as if the person had been suspended under
section 81(1)(j).
16. Undertakings under the repealed Act
(1) If a person has given an undertaking under a provision of the repealed
30 Act that undertaking is not affected by the repeal of that Act.
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Nurses and Midwives Bill 2005
Transitional and savings Schedule 2
cl. 17
(2) If the new Board is satisfied that the person has breached the
undertaking before, on or after the commencement day, the Board
may deal with the person as if the person had failed to comply with an
undertaking given under a provision of this Act.
5 17. Interim orders of the former Board
If before the commencement day the former Board had delivered an
order under the repealed Act section 59B(1)(c), (d) or (e), on the
commencement day the order is to be taken to be an order given on
that day under section 57(1)(a), (b) or (c), respectively.
10 18. Investigations
If before the commencement day a person appointed under the
repealed Act section 60(1)(c) had not furnished a report under the
repealed Act section 62, the person is to continue investigating the
matter as if he or she had been appointed under Part 5 Division 7 of
15 this Act and the appointing body were the complaints assessment
committee.
19. Complaints being dealt with by the former Board
If before the commencement day the former Board had received a
complaint but had not dealt with it under the repealed Act
20 section 60(1)(a), the complaints assessment committee is to deal with
the complaint as if the complaint had been lodged under section 54(2).
20. Matters referred to the professional standards committee
If before the commencement day a matter had been referred to the
professional standards committee but it had not exercised one or more
25 of the powers conferred on it by the repealed Act section 64, the
complaints assessment committee is to deal with the matter as if were
a complaint lodged under section 54(2).
21. Matters being dealt with by the presiding member of the former
Board
30 If immediately before the commencement day a report had been
furnished under the repealed Act section 62 but had not been dealt
with by the presiding member of the former Board under the repealed
Act section 63, the new Board is to consider the report and its
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Nurses and Midwives Bill 2005
Schedule 2 Transitional and savings
cl. 22
recommendations and take action in relation to the subject of the
report of a kind referred to in section 60(2) or 62.
22. Failure to comply with an order made under the repealed Act
If immediately before the commencement day an order made by the
5 former Board or the professional standards committee under the
repealed Act was in effect in relation to a natural person, that order is
not affected by the repeal of that Act and failure to comply with it
before, on or after the commencement day may be dealt with under
section 92 as if the order were an order made under section 57 or 62,
10 as the case requires.
23. Codes of practice
Despite the repeal of the Nurses Act 1992, the Nurses Code of
Practice 2000 and the Nurse Practitioners Code of Practice 2004
issued and in operation under the repealed Act section 9 immediately
15 before the commencement day continue after the commencement day
as if they had been issued under section 100.
24. Annual report for part of a year
(1) The former Board is to make and submit an annual report as required
by the repealed Act section 57, but limited to the period from 30 June
20 preceding the commencement day to the commencement day, and that
section applies as if that period were a year.
(2) Despite the repeal of the repealed Act and this Schedule, the former
Board remains in existence for the purpose of subclause (1) and is
entitled to receive from the new Board and its staff such assistance as
25 it may require for the purpose.
25. Powers in relation to transitional provision
(1) If there is no sufficient provision in this Schedule for dealing with a
transitional matter the Governor may make regulations prescribing all
matters that are required, necessary or convenient to be prescribed in
30 relation to that matter.
(2) Regulations made under subclause (1) may provide that specific
provisions of this Act --
(a) do not apply; or
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Nurses and Midwives Bill 2005
Transitional and savings Schedule 2
cl. 25
(b) apply with specific modifications,
to or in relation to any matter.
(3) Regulations made under subclause (1) must be made within
12 months after the commencement day.
5 (4) If regulations made under subclause (1) provide that a specified state
of affairs is to be taken to have existed, or not to have existed, on and
from a day that is earlier than the day on which the regulations are
published in the Gazette but not earlier than the commencement day,
the regulations have effect according to their terms.
10 (5) In subclause (4) --
"specified" means specified or described in the regulations.
(6) If regulations contain a provision referred to in subclause (4), the
provision does not operate so as --
(a) to affect in a manner prejudicial to any person (other than the
15 State), the right of that person existing before the day of
publication of those regulations; or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted
to be done before the day of publication of those regulations.
page 89
Nurses and Midwives Bill 2005
Schedule 3 Consequential amendments
cl. 1
Schedule 3 -- Consequential amendments
[s. 114]
1. Blood Donation (Limitation of Liability) Act 1985 amended
(1) The amendments in this clause are to the Blood Donation (Limitation
5 of Liability) Act 1985*.
[* Reprint 1 as at 1 August 2003.
For subsequent amendments see Western Australian Legislation
Information Tables for 2004, Table 1, p. 39-40.]
(2) Section 11(1)(e) is amended by deleting "Nurses Act 1968 as a
10 general nurse" and inserting instead --
" Nurses and Midwives Act 2005 as a registered nurse ".
2. Civil Liability Act 2002 amended
(1) The amendments in this clause are to the Civil Liability Act 2002*.
[* Act No. 35 of 2002.
15 For subsequent amendments see Western Australian Legislation
Information Tables for 2004, Table 1, p. 65.]
(2) Section 5PA is amended by deleting paragraph (e) of the definition of
"health professional" and inserting the following paragraph instead --
"
20 (e) a midwife or nurse as defined in the Nurses
and Midwives Act 2005 section 3;
".
3. Constitution Acts Amendment Act 1899 amended
(1) The amendments in this clause are to the Constitution Acts
25 Amendment Act 1899*.
[* Reprint 13 as at 18 March 2005.
For subsequent amendments see Act Nos. 1 and 2 of 2005.]
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Nurses and Midwives Bill 2005
Consequential amendments Schedule 3
cl. 4
(2) Schedule V Part 3 is amended by deleting the item commencing "The
Nurses Board" and inserting instead --
"
The Nurses and Midwives Board of Western Australia
5 established under the Nurses and Midwives Act 2005.
".
4. Corruption and Crime Commission Act 2003 amended
(1) The amendments in this clause are to the Corruption and Crime
Commission Act 2003*.
10 [* Reprint 1 as at 5 January 2004.
For subsequent amendments see Western Australian Legislation
Information Tables for 2004, Table 1, p. 96.]
(2) Section 54(1) is amended in the definition of "registered nurse" by
deleting "means a person registered under Part 3 of the Nurses
15 Act 1992." and inserting instead --
"
has the meaning given to that term in section 3 of
the Nurses and Midwives Act 2005.
".
20 5. Court Security and Custodial Services Act 1999 amended
(1) The amendments in this clause are to the Court Security and
Custodial Services Act 1999*.
[* Reprint 2 as at 9 September 2005.]
(2) Section 3 is amended by deleting the definition of "nurse" and
25 inserting instead --
"
"nurse" has the meaning given to "registered nurse" in
section 3 of the Nurses and Midwives Act 2005;
".
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Nurses and Midwives Bill 2005
Schedule 3 Consequential amendments
cl. 6
6. The Criminal Code amended
(1) The amendments in this clause are to The Criminal Code*.
[* Reprint 12 as at 1 June 2005 (see the Schedule to the Criminal
Code Act 1913 appearing as Appendix B to the Criminal Code
5 Compilation Act 1913)].
(2) Section 236(b) is amended by deleting "Nurses Act 1992," and
inserting instead --
" Nurses and Midwives Act 2005, ".
7. Criminal Investigation (Identifying People) Act 2002 amended
10 (1) The amendments in this clause are to Criminal Investigation
(Identifying People) Act 2002*.
[* Act No. 6 of 2002.
For subsequent amendments see Western Australian Legislation
Information Tables for 2004, Table 1, p. 111-2 and Act No. 84 of
15 2004.]
(2) Section 52 is amended in the definition of "nurse" by deleting "Part 3
of the Nurses Act 1992;" and inserting instead --
" Part 4 of the Nurses and Midwives Act 2005; ".
8. Firearms Act 1973 amended
20 (1) The amendments in this clause are to Firearms Act 1973*.
[* Reprint 4 as at 1 July 2005.]
(2) Section 23B(3) is amended in the definition of "registered nurse" by
deleting "Part 3 of the Nurses Act 1992." and inserting instead --
" Part 4 of the Nurses and Midwives Act 2005. ".
25 9. Health Act 1911 amended
(1) The amendments in this clause are to the Health Act 1911*.
[* Reprint 13 as at 15 July 2005.]
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Nurses and Midwives Bill 2005
Consequential amendments Schedule 3
cl. 10
(2) Section 3(1) is amended by deleting the definition of "midwife" and
inserting instead --
"
"midwife" has the meaning given to that term in
5 section 3 of the Nurses and Midwives Act 2005;
".
10. Health Professionals (Special Events Exemption) Act 2000
amended
(1) The amendments in this clause are to the Health Professionals
10 (Special Events Exemption) Act 2000*.
[* Act No. 7 of 2000.]
(2) Section 3(1) is amended in the definition of "Health Registration Act"
by deleting "Nurses Act 1992;" and inserting instead --
" Nurses and Midwives Act 2005; ".
15 11. Health Services (Conciliation and Review) Act 1995 amended
(1) The amendments in this clause are to the Health Services
(Conciliation and Review) Act 1995*.
[* Reprint 2 as at 18 March 2005.]
(2) Schedule 1 item 4 is deleted and the following item is inserted
20 instead --
"
4. The Nurses and Midwives Board of Western Australia
established under the Nurses and Midwives Act 2005.
".
25 12. Juries Act 1957 amended
(1) The amendments in this clause are to the Juries Act 1957*.
[* Reprint 4 as at 2 September 2005.]
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Nurses and Midwives Bill 2005
Schedule 3 Consequential amendments
cl. 13
(2) The Second Schedule Part II item 2 is amended by deleting "Nurses
registered under the Nurses Act 1968" and inserting instead --
"
Midwives and nurses registered under the Nurses and Midwives
5 Act 2005
".
13. Medical Act 1894 amended
(1) The amendments in this clause are to the Medical Act 1894*.
[* Reprint 6 as at 12 August 2005.]
10 (2) Section 19 is amended by deleting "Nurses Act 1992" and inserting
instead --
" Nurses and Midwives Act 2005 ".
(3) Section 21A(2) is amended by deleting "Nurses Act 1992" and
inserting instead --
15 " Nurses and Midwives Act 2005 ".
14. Mental Health Act 1996 amended
(1) The amendments in this clause are to the Mental Health Act 1996*.
[* Reprint 1 as at 6 August 2004.
For subsequent amendments see Western Australian Legislation
20 Information Tables for 2004, Table 1, p. 279.]
(2) Section 19(1)(b)(i) is amended by deleting "Nurses Act 1992;" and
inserting instead --
" Nurses and Midwives Act 2005; ".
15. Misuse of Drugs Act 1981 amended
25 (1) The amendments in this clause are to the Misuse of Drugs Act 1981*.
[* Reprint 3 as at 1 July 2005.]
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Nurses and Midwives Bill 2005
Consequential amendments Schedule 3
cl. 16
(2) Section 3(1) is amended in the definition of "nurse practitioner" by
deleting "the Nurses Act 1992;" and inserting instead --
" section 3 of the Nurses and Midwives Act 2005; ".
16. Pharmacy Act 1964 amended
5 (1) The amendments in this clause are to the Pharmacy Act 1964*.
[* Reprinted as at as at 29 January 1999.
For subsequent amendments see Western Australian Legislation
Information Tables for 2004, Table 1, p. 338.]
(2) Section 5(1) is amended in the definition of "dispensing" by deleting
10 "Nurses Act 1992" and inserting instead --
" Nurses and Midwives Act 2005 ".
(3) Section 39(3) is amended in the definition of "nurse practitioner" by
deleting "the Nurses Act 1992." and inserting instead --
" section 3 of the Nurses and Midwives Act 2005. ".
15 17. Poisons Act 1964 amended
(1) The amendments in this clause are to the Poisons Act 1964*.
[* Reprint 6 as at 10 September 2004.
For subsequent amendments see Western Australian Legislation
Information Tables for 2004, Table 1, p. 347.]
20 (2) Section 5(1) is amended in the definition of "nurse practitioner" by
deleting "the Nurses Act 1992;" and inserting instead --
" section 3 of the Nurses and Midwives Act 2005; ".
(3) Section 61(b)(ia) is amended by deleting "Nurses Board of Western
Australia constituted under the Nurses Act 1992;" and inserting
25 instead --
"
Nurses and Midwives Board of Western
Australia established under the Nurses
and Midwives Act 2005;
30 ".
page 95
Nurses and Midwives Bill 2005
Schedule 3 Consequential amendments
cl. 18
18. Prostitution Act 2000 amended
(1) The amendments in this clause are to the Prostitution Act 2000*.
[* Reprint 1 as at 22 July 2005.]
(2) Section 29(7) is amended in the definition of "registered nurse" by
5 deleting "Part 3 of the Nurses Act 1992." and inserting instead --
" Part 4 of the Nurses and Midwives Act 2005. ".
19. Radiation Safety Act 1975 amended
(1) The amendments in this clause are to the Radiation Safety Act 1975*.
[* Reprinted as at 25 February 2000.
10 For subsequent amendments see Western Australian Legislation
Information Tables for 2004, Table 1, p. 375.]
(2) Section 26(2a) is amended as follows:
(a) by deleting "Nurses Act 1992" and inserting instead --
" Nurses and Midwives Act 2005 ";
15 (b) by deleting "section 9(1)(c)" and inserting instead --
" section 100(1)(b) ".
20. Road Traffic Act 1974 amended
(1) The amendments in this clause are to the Road Traffic Act 1974*.
[* Reprint 8 as at 16 July 2004.
20 For subsequent amendments see Western Australian Legislation
Information Tables for 2004, Table 1, p. 395-6 and Gazette 27 May
2005 p. 2306-8.]
(2) Section 63(7) is amended by deleting "Nurses Act 1992," in both
places where it occurs and in each case inserting instead --
25 " Nurses and Midwives Act 2005, ".
page 96
Nurses and Midwives Bill 2005
Consequential amendments Schedule 3
cl. 21
(3) Section 65 is amended by deleting the definition of "registered nurse"
and inserting instead --
"
"registered nurse" has the meaning given to that term
5 in section 3 of the Nurses and Midwives Act 2005;
".
21. State Administrative Tribunal Act 2004 amended
(1) The amendments in this clause are to the State Administrative
Tribunal Act 2004*.
10 [* Act No. 54 of 2004
For subsequent amendments see Western Australian Legislation
Information Tables for 2004, Table 1, p. 427.]
(2) Schedule 1 is amended by deleting "Nurses Act 1992" and inserting
instead --
15 " Nurses and Midwives Act 2005 ".
page 97
Nurses and Midwives Bill 2005
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
adverse finding...........................................................................................84(4)
application ....................................................................................................... 3
appointing body.............................................................................................. 72
approved .......................................................................................................... 3
Board............................................................................................................... 3
certificate of registration................................................................................... 3
children's nurse........................................................................... Sch. 2, cl. 8(1)
commencement day..........................................................................Sch. 2, cl. 1
committee ........................................................................................................ 3
complainant...................................................................................................... 3
complaint ......................................................................................................... 3
complaints assessment committee..................................................................... 3
condition .......................................................................................................... 3
Corporations Act .............................................................................................. 3
designated area................................................................................................. 3
Director............................................................................................................ 3
disciplinary matter............................................................................................ 3
disqualified person .....................................................................................37(1)
document ......................................................................................................... 3
enrolled nurse................................................................................................... 3
impairment....................................................................................................... 3
impairment matter ............................................................................................ 3
impairment review committee........................................................................... 3
information ................................................................................................14(1)
insolvent ....................................................................................................46(1)
investigator ...................................................................................................... 3
legal practitioner............................................................................................... 3
liability ............................................................................................Sch. 2, cl. 1
medical practitioner.......................................................................................... 3
member.......................................................................................... Sch. 1, cl. 10
member of the Board........................................................................................ 3
midwife............................................................................................................ 3
midwifery ........................................................................................................ 3
mothercraft nurse ........................................................................ Sch. 2, cl. 8(1)
nurse ................................................................................................................ 3
nurse practitioner.............................................................................................. 3
nursing............................................................................................................. 3
officer .............................................................................................................. 3
presiding member............................................................................................. 3
page 98
Nurses and Midwives Bill 2005
Defined Terms
professional indemnity insurance ................................................................32(1)
professional standards committee......................................................Sch. 2, cl. 1
register......................................................................................... 3, Sch. 2, cl. 1
registered ......................................................................................................... 3
registered nurse ................................................................................................ 3
registrar............................................................................................................ 3
registration ....................................................................................................... 3
respondent........................................................................................................ 3
right .................................................................................................Sch. 2, cl. 1
specialist .......................................................................................................... 3
specialty........................................................................................................... 3
specified.....................................................................................Sch. 2, cl. 25(5)
student .......................................................................................................87(1)
the former Board ..............................................................................Sch. 2, cl. 1
the new Board ..................................................................................Sch. 2, cl. 1
the repealed Act ...............................................................................Sch. 2, cl. 1
type of registration ........................................................................................... 3
page 99
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