Western Australian Consolidated Acts

NURSES AND MIDWIVES ACT 2006

TABLE OF PROVISIONS

           Preamble
           Long Title

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Terms used in this Act  
   4.      Application  

   PART 2 -- Nurses and Midwives Board and committees  

           Division 1 -- The Board  

   5.      Board established  
   6.      Membership of Board  
   7.      Presiding member and deputy presiding member  
   8.      Constitution and proceedings  
   9.      Remuneration and allowances  

           Division 2 -- Functions and powers  

   10.     Functions  
   11.     Powers  
   12.     Delegation by Board  

           Division 3 -- Relationship of Board with Minister  

   13.     Directions by Minister  
   14.     Minister to have access to information  

           Division 4 -- Committees  

   15.     Committees  
   16.     Provisions relating to committees  

           Division 5 -- Registrar and other staff  

   17.     Registrar  
   18.     Other staff  

           Division 6 -- General  

   19.     Duty not to make improper use of information  
   20.     Meetings and minutes of meetings  
   21.     Execution of documents by Board  

   PART 3 -- Finance and reports  

   22.     Funds of the Board  
   23.     Accounts  
   24.     Audit  
   25.     Annual report and other reports  

   PART 4 -- Registration of nurses and midwives  

           Division 1 -- Registration  

   26.     Natural persons may be registered  
   27.     Registration as an enrolled nurse, midwife or registered nurse  
   28.     Registration as a nurse practitioner  
   29.     Provisional registration  
   30.     Conditional registration as an enrolled nurse, midwife, nurse practitioner or registered nurse at the discretion of the Board  
   31.     Registration as specialists  
   32.     Professional indemnity insurance  
   33.     Application  
   34.     Effect of registration  
   35.     Duration of registration  
   36.     Renewal of registration  
   37.     Application for registration by a person whose type of registration has been cancelled under section 81(1)(i)  

           Division 2 -- The register  

   38.     The register  
   39.     Inspection of register  
   40.     Certificate of registration  
   41.     Voluntary removal from register and cancellation of registration  
   42.     Removal of name and cancellation of registration of person in certain circumstances  
   43.     Effect of removal of name from register  

           Division 3 -- Notifications to Board  

   44.     Change of address  
   45.     Loss of qualifications  
   46.     Insolvency  
   47.     Civil or criminal proceedings  
   48.     Information about professional indemnity insurance  

   PART 5 -- Disciplinary and impairment matters  

           Division 1 -- Preliminary  

   49.     Disciplinary matters  
   50.     Impairment matters  

           Division 2 -- Committees  

   51.     Complaints assessment committee  
   52.     Impairment review committee  
   53.     Deputy member of the complaints assessment committee or the impairment review committee  

           Division 3 -- Complaints  

   54.     Complaints  
   55.     Complaints assessment committee to determine action required  
   56.     Complaints assessment committee may reject certain complaints  

           Division 4 -- Summary orders of Board  

   57.     Interim orders by Board  
   58.     Complaint dealt with summarily to be referred to the State Administrative Tribunal  
   59.     Complaint not dealt with summarily to be referred to relevant committee  

           Division 5 -- Disciplinary matters  

   60.     Investigation and recommendation  
   61.     Role of Board  
   62.     Alternative to making allegation to the State Administrative Tribunal  

           Division 6 -- Impairment matters  

   63.     Request by nurse or midwife for imposition of condition  
   64.     Revocation of condition  
   65.     Investigation  
   66.     Nurse or midwife to be notified about investigation  
   67.     Examination  
   68.     Report of examination  
   69.     Role of the impairment review committee  
   70.     Recommendation  
   71.     Role of Board  

           Division 7 -- Investigator’s role and powers  

   72.     Interpretation  
   73.     Investigator  
   74.     Report of investigator  
   75.     Powers of investigator  
   76.     Warrant to enter premises  
   77.     Issue of warrant  
   78.     Execution of warrant  

           Division 8 -- Conciliation  

   79.     Conciliation process  
   80.     Action if conciliation fails  

           Division 9 -- Role of the State Administrative Tribunal  

   81.     Powers of the State Administrative Tribunal on dealing with a disciplinary matter  
   82.     Powers of the State Administrative Tribunal on dealing with an impairment matter  

           Division 10 -- Miscellaneous  

   83.     Suspension  
   84.     Costs and recovery  

   PART 6 -- Offences  

   85.     Persons who may practise nursing or midwifery or a specialty  
   86.     Persons who may be employed or engaged to practise nursing or midwifery or a specialty  
   87.     Exceptions to sections 85 and 86  
   88.     Use of titles or pretending to be registered  
   89.     Name in which practice may be carried on  
   90.     Unlawful delegation by registered person  
   91.     Undue influence  
   92.     Failure to comply with disciplinary action  
   93.     False or misleading information  
   94.     Offences in relation to investigation  
   95.     Obstruction of investigator  
   96.     Assistance to execute warrant  
   97.     Surrender of certificate  
   98.     Incriminating information, questions, or documents  
   99.     Legal professional privilege  

   PART 7 -- Codes of practice, rules and regulations  

   100.    Codes of practice  
   101.    Rules  
   102.    Regulations  
   103.     Forms  

   PART 8 -- Miscellaneous  

   104.    Protection  
   105.    Notice of decision to be given  
   106.    Review  
   107.    Publication of proceedings etc.  
   108.    Legal proceedings  
   109.    Liability of certain officers of body corporate: offences  
   110.    Review of Act  
   111.    Nurses Act 1992 repealed  
   112.    Nurses Rules 1993 repealed  
   113.    Transitional and savings provisions  
   114.    Consequential amendments  
           SCHEDULE 1 -- Constitution and proceedings of the Board  
           SCHEDULE 2 -- Transitional and savings  
           SCHEDULE 3 -- Consequential amendments  
           Compilation table