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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
NURSING BILL 1992
Queensland
NURSING BILL 1992
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3 Objective of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5 Crown bound . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 2--ADMINISTRATION
Division 1--The Council and its functions and powers
6 Establishment of Council etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
7 Council's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
8 Council's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
9 Council's power to be a member of other bodies etc. . . . . . . . . . . . . . . . . . . 15
10 By-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 2--Constitution of Council
11 Council's constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 3--Chairperson of Council
12 Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 4--Meetings of Council
13 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
14 Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
15 Quorum and voting at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
16 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
17 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
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Division 5--Financial matters
18 Funds of Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
19 Executive officer to present statement of prospective expenditure . . . . . . . 21
Division 6--Provisions relating to members other than the executive
officer
20 Division applies to members other than executive officer . . . . . . . . . . . . . . 21
21 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
22 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
23 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
24 Member ceasing as member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
25 Acting member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 7--Provisions relating to the executive officer
26 Duties of executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
27 Appointment of executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
28 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
29 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
30 Preservation of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
31 Superannuation for executive officer who was previously an
officer of the public service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
32 Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
33 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
34 Executive officer not to engage in other paid employment . . . . . . . . . . . . . 24
35 Disclosure of interest by executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . 25
36 Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
37 Acting executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 8--The staff of the Council
38 Council's staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
39 Terms of employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
40 Arrangements relating to staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
41 Superannuation scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
42 Superannuation for officers and employees who were previously
officers of the public service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
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Division 9--Miscellaneous
43 Delegation by Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
44 Delegation by executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
45 Council's seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
46 Judicial notice of certain signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
47 Committees of Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
PART 3--REGISTRATION AND ENROLMENT
Division 1--Administration
48 The Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
49 The Roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
50 Notification of change of particulars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
51 Particulars of cancellations etc. to be recorded . . . . . . . . . . . . . . . . . . . . . . 30
52 Corrections to Register or Roll etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
53 Inspection of Register or Roll etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 2--Qualifications
54 Qualifications for registration or enrolment . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 3--Registration and enrolment
55 Application for registration or enrolment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
56 Attendance of applicant before Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
57 Council may require English examination . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
58 Registration or enrolment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
59 Refusal of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
60 Both registration and enrolment not permitted . . . . . . . . . . . . . . . . . . . . . . . 34
61 Action to be taken on registration or enrolment . . . . . . . . . . . . . . . . . . . . . . 34
62 Copies of certificates to be issued on application . . . . . . . . . . . . . . . . . . . . 35
63 Provisional registration or enrolment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
64 Temporary registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
65 Limited registration or enrolment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
66 Concerns about condition of applicants and nurses . . . . . . . . . . . . . . . . . . . 40
67 Immediate suspension of registration or enrolment by Council . . . . . . . . . . 41
68 Immediate suspension of registration or enrolment by executive officer . . 41
69 Review of suspension for health reasons . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
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70 Cancellation or suspension of registration and enrolment in
certain cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
71 Requirements following cancellation or suspension of registration
or enrolment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
72 Restoration of registration or enrolment in certain cases . . . . . . . . . . . . . . . 43
73 Re-issue of certificate of registration or enrolment etc. . . . . . . . . . . . . . . . . 43
Division 4--Annual licence certificates
74 Fees for annual licence certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
75 Renewal of annual licence certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
76 Endorsement of annual licence certificates . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Division 5--Authorisation to practise nursing
77 Authorisation to practise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
PART 4--ACCREDITATION OF NURSING COURSES
78 Accreditation of nursing courses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
79 Schools of nursing to keep records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
80 Schools of nursing to permit inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
81 Schools of nursing to issue certificates etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 49
82 Examinations by Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
83 Power to monitor assessment standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
PART 5--PROFESSIONAL CONDUCT
Division 1--Professional Conduct Committee
84 Professional Conduct Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
85 Committee's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
86 Committee's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
87 Committee's constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
88 Committee's chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
89 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
90 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
91 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
92 Member ceasing as a member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
93 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
94 Acting chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
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95 Arrangement of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
96 Constitution of Committee for particular proceeding . . . . . . . . . . . . . . . . . . 54
97 Member of Committee ceasing to be available . . . . . . . . . . . . . . . . . . . . . . 54
98 Sitting places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Division 2--Code of conduct
99 Code of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
100 Action may be taken in certain cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
101 Action taken because of industrial disputes etc. . . . . . . . . . . . . . . . . . . . . . . 55
Division 3--Contraventions of code of conduct
102 Complaints concerning conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
103 Investigation by Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
104 Referral of complaint to Professional Conduct Committee . . . . . . . . . . . . . 57
Division 4--Professional Conduct Committee proceedings
105 Proceedings before Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
106 Powers of Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
107 Summons to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
108 Duty of witness at inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
109 Self-incrimination a reasonable excuse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
110 Inspection of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
111 Obstruction of Committee etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
112 Removal from Committee hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
113 Evidence and findings etc. in other proceedings may be received
or adopted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
114 Health assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
115 Determinations of questions before Committee . . . . . . . . . . . . . . . . . . . . . . 62
116 Action by Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
117 Effect of Committee's orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
118 Notification of Committee's orders and reasons . . . . . . . . . . . . . . . . . . . . . . 64
Division 5--Health assessments
119 Health Assessment Advisory Panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
120 Members of Health Assessment Advisory Panel . . . . . . . . . . . . . . . . . . . . . . 65
121 Operation of Health Assessment Advisory Panel . . . . . . . . . . . . . . . . . . . . . 65
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PART 6--PROVISIONS CONCERNING CERTAIN NURSING
MATTERS
122 Application of Act in certain cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
123 Employment as a nurse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
124 Badges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
PART 7--INVESTIGATION AND ENFORCEMENT
Division 1--Inspectors
125 Appointment of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
126 Identity card for inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
127 Inspector to produce identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Division 2--Investigation of offences
128 Entry and search--monitoring compliance . . . . . . . . . . . . . . . . . . . . . . . . . . 68
129 Entry and search--evidence of offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
130 General powers of inspector in relation to places . . . . . . . . . . . . . . . . . . . . . 70
131 Offence related warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
132 Warrants may be issued by various forms of communication . . . . . . . . . . . 71
133 Inspector may require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
134 Notice of seizure and compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
135 Other offences in relation to inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Division 3--Investigation of complaints relating to code of conduct
136 Powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
PART 8--GENERAL
Division 1--Appeals
137 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Division 2--Administration
138 Holders of office to act honestly and with propriety . . . . . . . . . . . . . . . . . . . 79
139 Confidentiality of documents and information . . . . . . . . . . . . . . . . . . . . . . . 80
140 Supply of information to Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
141 Prohibited practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
142 Unauthorised nursing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
143 Penalty for falsifying Register or Roll etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 83
144 Penalties and costs to Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
145 Proceedings generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
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146 Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
147 Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
148 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
PART 9--SAVINGS, TRANSITIONAL AND SPECIAL
ARRANGEMENTS
Division 1--Interpretation
149 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Division 2--Dissolution provisions
150 Dissolution of Boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Division 3--Provisions concerning officers of dissolved Boards
151 Certain personnel of dissolved Boards become initial personnel
of Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
152 Employment conditions of dissolved Board personnel . . . . . . . . . . . . . . . . . 87
153 Status of dissolved Board staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
154 Officers of dissolved Boards may elect to return to public service
positions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
155 Regulations may supply deficiency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
156 Certain officers of dissolved Boards become Council officers . . . . . . . . . . 88
Division 4--Transfer of assets and liabilities from dissolved Boards
157 Provisions relating to the dissolved Boards . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Division 5--Disciplinary matters
158 Matters to which transitional arrangements apply . . . . . . . . . . . . . . . . . . . . 90
159 How matters are to be dealt with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Division 6--Transitional provisions concerning registration,
enrolment and courses
160 Transfer of existing registrations, enrolments and courses . . . . . . . . . . . . . . 91
161 Persons who are both registered nurses and enrolled nurses . . . . . . . . . . . . 92
Division 7--Repeals and amendments
162 Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
163 Amended Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 94
REPEAL OF ACTS
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SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 95
AMENDMENT OF ACTS
ACTS INTERPRETATION ACT 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
HEALTH ACT 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
HEALTH RIGHTS COMMISSION ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . 98
MEDICAL ACT AND OTHER ACTS (ADMINISTRATION) ACT
1966 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
NURSING STUDIES ACT AND OTHER ACTS AMENDMENT
ACT 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
MEDICAL AND PARAMEDICAL (AMENDMENT OF
INSPECTORIAL AND AUDIT PROVISIONS) ACT 1987 . . . . . . . . . . . . . 99
1992
A BILL
FOR
An Act to provide for the registration and enrolment of nurses, the
practice of nursing and the education of nurses, and related
purposes
10
Nursing
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with 1
the advice and consent of the Legislative Assembly of Queensland in 2
Parliament assembled, and by the authority of the same, as follows. 3
PART 1--PRELIMINARY 4
title 5
Short
Clause1. This Act may be cited as the Nursing Act 1992. 6
7
Commencement
This Act (other than section 163 so far as it relates to amendments 8
Clause2.
of the Acts Interpretation Act 1954) commences on a day to be fixed by 9
proclamation. 10
of Act 11
Objective
The objective of this Act is to make provision for ensuring safe 12
Clause3.
and competent nursing practice. 13
14
Definitions
In this Act-- 15
Clause4.
"accredited nursing course" means a nursing course that is accredited 16
under this Act; 17
"chairperson" means-- 18
(a) in relation to the Council--the chairperson of the Council; and 19
(b) in relation to the Committee--the chairperson of the Committee; 20
"code of conduct" means a code of conduct prescribed under this Act; 21
"Committee" means the Professional Conduct Committee; 22
"condition" includes physical or mental condition; 23
"Council" means the Queensland Nursing Council; 24
"enrolled" means enrolled under this Act as an enrolled nurse; 25
11
Nursing
"enrolled nurse" means a person who is enrolled under this Act as an 1
enrolled nurse; 2
"executive officer" means the executive officer of the Council; 3
"fee" includes tax; 4
"health service" means a health service within the meaning of the Health 5
Services Act 1991; 6
"inspector" means an inspector appointed under this Act; 7
"legal practitioner" means a barrister, solicitor, barrister and solicitor or 8
legal practitioner of the High Court or the Supreme Court of the State, 9
another State or a Territory; 10
"midwife" means a person who is authorised by the Council to practise 11
midwifery; 12
"nurse" means a registered or enrolled nurse; 13
"nurse education" includes-- 14
(a) midwifery education, psychiatric nursing education and education 15
in any other area of nursing; and 16
(b) postgraduate nurse education; 17
"nursing course" means a course of study, by any method or system of 18
education, that is designed to educate persons in nursing or midwifery; 19
"nursing practice" includes midwifery practice, psychiatric nursing 20
practice and practice in any other area of nursing; 21
"nursing qualifications" includes midwifery qualifications, psychiatric 22
nursing qualifications and qualifications in any other area of nursing; 23
"Panel" means the Health Assessment Advisory Panel; 24
"place" includes vacant land or premises; 25
"premises" includes-- 26
(a) a building or structure, or a part of a building or structure, of any 27
kind; and 28
(b) the land on which a building or structure is situated; 29
"Register" means the Register of Registered Nurses; 30
12
Nursing
"registered" means-- 1
(a) in relation to a person--registered under this Act as a registered 2
nurse; and 3
(b) in relation to particulars--recorded in the Register; 4
"registered nurse" means a person who is registered under this Act as a 5
registered nurse; 6
"Roll" means the Roll of Enrolled Nurses; 7
"school of nursing" includes a hospital, college, school of nursing, 8
teaching institution or other institution that provides nursing courses. 9
rown bound 10
C
This Act binds the Crown. 11
Clause5.(1)
(2) Nothing in this Act renders the Crown liable to be prosecuted for an 12
offence. 13
(3) However, subsection (2) does not prevent an officer, employee or 14
agent of the Crown from being prosecuted for an offence. 15
PART 2--ADMINISTRATION 16
1--The Council and its functions and powers 17
Division
of Council etc. 18
Establishment
Clause6.(1) A council called the Queensland Nursing Council is established. 19
(2) The Council-- 20
(a) is a body corporate with perpetual succession; and 21
(b) has a common seal; and 22
(c) may sue and be sued in its corporate name. 23
13
Nursing
functions 1
Council's
Clause7. The functions of the Council are to-- 2
(a) advise on, and report to the Minister on-- 3
(i) developments in nurse education and nursing practice; and 4
(ii) the needs of the State in relation to nurse education and 5
nursing practice; and 6
(b) determine the scope of nursing practice, including the activities 7
that constitute, or are included in, nursing practice; and 8
(c) determine standards for accreditation of nursing courses; and 9
(d) accredit nursing courses; and 10
(e) determine minimum requirements for entry to accredited nursing 11
courses conducted by health services; and 12
(f) determine a code of conduct for nurses, midwives and other 13
persons authorised to practise nursing; and 14
(g) undertake investigations into matters and complaints as 15
prescribed by this Act; and 16
(h) determine examinations, qualifications, experience and other 17
requirements to be fulfilled by persons applying for and 18
maintaining registration, enrolment or authority to practise under 19
this Act, and monitor standards of student assessment in schools 20
of nursing; and 21
(i) establish and maintain a register and a roll of nurses; and 22
(j) establish and maintain other records in relation to nurse education 23
and nursing practice; and 24
(k) conduct research into matters relevant to the Council's functions; 25
and 26
(l) give to the Minister a report of its work and activities and those of 27
its committees during each financial year; and 28
(m) carry out such other functions as are conferred on it by this or 29
another Act. 30
14
Nursing
powers 1
Council's
The Council has power to do all things necessary or convenient 2
Clause8.(1)
to be done for, or in connection with, the performance of its functions. 3
(2) Without limiting subsection (1), the Council has such powers as are 4
conferred on it by this Act. 5
(3) Without limiting subsection (1), the Council has, for or in connection 6
with the performance of its functions, all the powers of an individual and 7
may, for example-- 8
(a) enter into contracts; and 9
(b) acquire, hold, dispose of and deal with property; and 10
(c) appoint committees to assist it to perform its functions; and 11
(d) exploit commercially any resources of the Council, including any 12
study, research or knowledge, or the practical application of any 13
study, research or knowledge, developed by or within the Council 14
or belonging to the Council (whether alone or jointly with another 15
person or body); and 16
(e) cooperate with any university, college, other educational 17
institution, hospital or other person or body in another State, a 18
Territory or a foreign country in making provision for the 19
education and examination of persons practising, or intending to 20
practise, as nurses and midwives; and 21
(f) participate in-- 22
(i) any nationally coordinated program relating to nurse 23
education or nursing practice; and 24
(ii) any program with the Commonwealth, another State, a 25
Territory or a foreign country in relation to nurse education 26
or nursing practice; and 27
(g) participate in the formation of, and become a member of, any 28
national authority established in Australia to promote consistent 29
policies and practices among Australian authorities responsible 30
for the regulation of nursing and midwifery; and 31
(h) develop or assist in the development of curricula for nurse 32
education; and 33
15
Nursing
(i) enter into, and carry out, agreements or arrangements with any 1
university, college, other educational institution, hospital or other 2
person or body for furthering the Council's functions. 3
power to be a member of other bodies etc. 4
Council's
Clause9.(1) The Council-- 5
(a) may become and be a member of any body (whether 6
incorporated or unincorporated) that-- 7
(i) has among its objects nurse education, training or research 8
or any matter relating directly to the Council's functions; or 9
(ii) in the Council's opinion, is engaged in the advancement of 10
nurse education, training or research or any function of the 11
Council; and 12
(b) may enter into agreements or arrangements with the body. 13
(2) Subsection (1)(a) does not require a body to admit the Council to 14
membership of the body. 15
(3) The Council, or its nominee, may be a member of the governing 16
committee of a body of which it is a member. 17
(4) This section does not limit the Council's powers under section 8. 18
19
By-laws
Clause10.(1) The Council may make by-laws for the purposes of this Act. 20
(2) A by-law may be made with respect to any of the following 21
matters-- 22
(a) the Council's common seal, the authentication of the Council's 23
documents and the attesting of documents by or on behalf of the 24
Council; 25
(b) the conduct of the Council's affairs; 26
(c) the conduct of meetings of, and of any proceedings before, the 27
Council, the Committee and any committee of the Council; 28
(d) duties of the executive officer or the Council's employees; 29
16
Nursing
(e) the Register, the Roll and other records, and the way in which 1
they are to be kept; 2
(f) the issue, suspension and cancellation of registration or enrolment 3
and annual licence certificates; 4
(g) the making of applications to the Council; 5
(h) the accreditation of nursing courses; 6
(i) the nature of accredited nursing courses and the conditions under 7
which, the name in which, and the periods for which accredited 8
nursing courses, may be conducted; 9
(j) standards for nurse education; 10
(k) examinations, qualifications, experience and other requirements 11
for registration, enrolment or endorsement of certificates; 12
(l) regulating advertising by nurses and midwives, including the 13
ways in which they may advertise or must not advertise; 14
(m) regulating canvassing or soliciting work or business by, for or on 15
behalf of nurses and midwives; 16
(n) the matters in respect of which fees are payable for the purposes 17
of this Act, the amounts of fees, the persons who are liable to pay 18
fees, when fees are payable, the waiver of fees, and the recovery 19
of unpaid amounts of fees; 20
(o) the allowances payable under this act and the purposes for which 21
they are payable; 22
(p) regulating the use of any titles, letters or words in relation to 23
nursing qualifications or practice; 24
(q) prescribing offences for contravention of a by-law, and fixing a 25
maximum penalty of a fine of not more than 4 penalty units for 26
an offence; 27
(r) penalties and costs that may be imposed by the Council or the 28
Committee; 29
(s) prescribing the badges to be issued to nurses, and regulating the 30
issue and use of badges; 31
17
Nursing
(t) regulating nursing practice, and determining the activities that 1
constitute, or are included in, nursing practice; 2
(u) administrative processes associated with investigations conducted 3
under this Act; 4
(v) student records and accredited nursing course records to be 5
maintained by schools of nursing; 6
(w) keeping of practice records; 7
(x) conditions of employment, and management practices, applicable 8
to the Council's employees; 9
(y) prescribing a code of conduct and reporting of contraventions of 10
the code. 11
(3) A by-law must be approved by the Governor in Council. 12
2--Constitution of Council 13
Division
constitution 14
Council's
Clause11. The Council consists of the following 13 members-- 15
(a) 5 nurses; 16
(b) 5 nurses (1 of whom is an enrolled nurse) chosen from a panel of 17
names submitted by an association or associations accepted by 18
the Minister as representative of nurses; 19
(c) 1 person, representing persons who use the services provided by 20
the nursing profession; 21
(d) 1 legal practitioner; 22
(e) the executive officer of the Council. 23
18
Nursing
3--Chairperson of Council 1
Division
2
Chairperson
Clause12.(1) The Governor in Council is to appoint a member mentioned in 3
section 11(a) or (b) who is not an officer of the public service to be 4
chairperson of the Council. 5
(2) The member who is chairperson ceases to be chairperson if the 6
member-- 7
(a) ceases to be a member of the Council; or 8
(b) becomes an officer of the public service; or 9
(c) becomes the executive officer; or 10
(d) resigns as chairperson by signed notice given to the Governor. 11
(3) The chairperson may resign as chairperson and remain a member of 12
the Council. 13
4--Meetings of Council 14
Division
and places of meetings 15
Times
Subject to subsection (2), meetings of the Council are to be 16
Clause13.(1)
held at such times and places as the Council determines. 17
(2) The chairperson-- 18
(a) may at any time convene a meeting; and 19
(b) must convene a meeting when requested by 7 or more members. 20
at meetings 21
Presiding
The chairperson is to preside at all meetings at which the 22
Clause14.(1)
chairperson is present. 23
(2) If the chairperson is not present at a meeting, the members present 24
are to choose one of them to preside. 25
19
Nursing
and voting at meetings 1
Quorum
Clause15. At a meeting of the Council-- 2
(a) 7 members constitute a quorum; and 3
(b) a question is to be decided by a majority of the votes of the 4
members present and voting; and 5
(c) the member presiding has a deliberative vote and, if the votes are 6
equal, also has a casting vote. 7
of meetings 8
Conduct
Subject to this Division and the by-laws, the Council may 9
Clause16.
regulate its proceedings as it considers appropriate. 10
of interests 11
Disclosure
If-- 12
Clause17.(1)
(a) a member has a personal interest, or a direct or indirect pecuniary 13
interest, in a matter being considered, or about to be considered, 14
by the Council; and 15
(b) the interest could conflict with the proper performance of the 16
member's duties in relation to the matter; 17
the member must, as soon as practicable after the relevant facts come to the 18
member's knowledge, disclose the nature of the interest to a meeting of the 19
Council. 20
(2) The disclosure must be recorded in the minutes of the meeting, and 21
unless the Council otherwise determines, the member must not-- 22
(a) be present during any deliberation of the Council in relation to the 23
matter; or 24
(b) take part in any decision of the Council in relation to the matter. 25
(3) For the purpose of the making of a determination by the Council 26
under subsection (2) in relation to the member, the member or another 27
member who has a personal interest, or a direct or indirect pecuniary 28
interest, in the matter to which the disclosure relates must not-- 29
20
Nursing
(a) be present during any deliberation of the Council for the purpose 1
of making the determination; or 2
(b) take part in the making by the Council of the determination. 3
5--Financial matters 4
Division
unds of Council 5
F
Clause18.(1) All amounts received by or on behalf of the Council (including 6
any fees, costs and penalties) are to be paid into the funds of the Council 7
and applied for the purposes of this Act. 8
(2) Expenses of and incidental to the administration of this Act are to be 9
paid by the Council from its funds. 10
(3) The Council may apply any part of its funds that are not required for 11
making payments under subsection (2) towards-- 12
(a) nurse education or research; or 13
(b) any public purpose connected with the nursing profession. 14
(4) The Council may establish a fund called the Nurse Education and 15
Research Fund. 16
(5) The Nurse Education and Research Fund is to be maintained separate 17
from the other funds of the Council. 18
(6) There is to be paid into the Nurse Education and Research Fund-- 19
(a) all amounts appropriated by the Parliament from the 20
Consolidated Fund and paid to the Council; and 21
(b) any other amounts received by the Council; 22
for the purpose of the advancement of nurse education or research. 23
(7) Amounts in the Nurse Education and Research Fund are to be 24
applied only towards nurse education or research. 25
(8) For the purpose of this section, expenses incurred for nurse education 26
or research include expenses of and incidental to the administration of the 27
provisions of this Act that relate to the functions of the Council mentioned 28
in section 7(a), (c) to (e), (h) and (k). 29
21
Nursing
officer to present statement of prospective expenditure 1
Executive
Before the start of each financial year, the executive officer must 2
Clause19.
present to the Council a statement of the expenditure expected to be incurred 3
in respect of the respective functions of the Council during the financial 4
year. 5
Division 6--Provisions relating to members other than the executive 6
officer 7
applies to members other than executive officer 8
Division
This Division applies to members of the Council other than the 9
Clause20.
executive officer. 10
11
Appointment
Clause21. The members are appointed by the Governor in Council. 12
of appointment 13
Duration
The appointment of a member is for the term (not longer than 3 14
Clause22.
years) specified in the member's instrument of appointment. 15
of appointment 16
Terms
Clause23.(1) A member holds office on a part-time basis. 17
(2) A member is to be paid the remuneration and allowances determined 18
by the Governor in Council. 19
(3) A member holds office on terms not provided by this Act as are 20
determined by the Governor in Council. 21
ceasing as member 22
Member
A person who is a member of the Council ceases to be a member 23
Clause24.
if the person-- 24
(a) resigns by signed notice given to the Governor; or 25
22
Nursing
(b) ceases to be qualified to be appointed as a member; or 1
(c) is removed from office by the Governor in Council. 2
member 3
Acting
The Governor in Council may appoint a person who is qualified 4
Clause25.
for appointment as a member to act as the member-- 5
(a) during a vacancy in the office; or 6
(b) during any period, or all periods, when the member is absent 7
from Australia or is, for another reason, unable to attend 8
meetings of the Council or otherwise perform any of the 9
functions of the office. 10
7--Provisions relating to the executive officer 11
Division
of executive officer 12
Duties
The executive officer is, under the Council, to manage the 13
Clause26.(1)
Council's affairs. 14
(2) Anything done in the name of, or on behalf of, the Council by the 15
executive officer is taken to have been done by the Council. 16
of executive officer 17
Appointment
The executive officer is to be appointed by the Governor in 18
Clause27.
Council. 19
of appointment 20
Duration
The appointment of the executive officer is for the term (not 21
Clause28.
longer than 5 years) specified in the executive officer's instrument of 22
appointment. 23
23
Nursing
of appointment 1
Terms
Clause29.(1) The executive officer holds office on a full-time basis. 2
(2) The executive officer is to be paid the remuneration and allowances 3
determined by the Governor in Council. 4
(3) The executive officer holds office on terms not provided by this Act 5
as are determined by the Governor in Council. 6
of rights 7
Preservation
Subsection (2) applies if an officer of the public service is 8
Clause30.(1)
appointed as the executive officer, and subsection (3) applies if an officer of 9
the public service, or an officer of a unit of the public sector, is appointed as 10
the executive officer. 11
(2) The person retains and is entitled to all rights that have accrued to the 12
person because of employment as an officer of the public service, or that 13
would accrue in the future to the person because of that employment, as if 14
service as executive officer were a continuation of service as an officer of 15
the public service. 16
(3) At the end of the person's term of office or on resignation-- 17
(a) the person is entitled to be appointed to an office in the public 18
service or the unit of the public sector, as the case requires, at a 19
salary level not less than the current salary level of an office 20
equivalent to the office the person held before being appointed as 21
executive officer; and 22
(b) the person's service as executive officer is to be regarded as 23
service of a similar kind in the public service or unit of the public 24
sector for the purpose of determining the person's rights as an 25
officer of the public service or the unit of the public sector. 26
for executive officer who was previously an officer of 27
Superannuation
the public service 28
Clause31.(1) If, at the time a person is appointed as executive officer-- 29
(a) the person is-- 30
(i) an officer of the public service; and 31
24
Nursing
(ii) a contributor to the State Service Superannuation Fund or a 1
member of the State Public Sector Superannuation Scheme; 2
and 3
(b) the Council does not maintain or participate in a superannuation 4
scheme for the benefit of the executive officer; 5
the executive officer is to continue to be a contributor to the State Service 6
Superannuation Fund or a member of the State Public Sector 7
Superannuation Scheme and, for that purpose, is taken to be an officer 8
within the meaning of the State Service Superannuation Act 1972 or eligible 9
for membership of the scheme under the Superannuation (State Public 10
Sector) Act 1990. 11
(2) If-- 12
(a) the Council subsequently maintains or participates in a 13
superannuation scheme for the benefit of the executive officer 14
(other than the State Service Superannuation Fund or the State 15
Public Sector Superannuation Scheme); and 16
(b) the executive officer continued to be a contributor to the fund, or a 17
member of the scheme, under subsection (1); 18
the executive officer may, under arrangements prescribed by regulation, 19
elect to stop being a contributor or member and become a member of the 20
scheme maintained or participated in by the Council. 21
of absence 22
Leave
The Council may grant leave of absence to the executive officer 23
Clause32.
on the terms determined by the Council. 24
25
Resignation
The executive officer may resign by signed notice given to the 26
Clause33.
Governor. 27
officer not to engage in other paid employment 28
Executive
The executive officer must not engage in paid employment 29
Clause34.
outside the duties of the office without the approval of the Council. 30
25
Nursing
of interest by executive officer 1
Disclosure
The executive officer must give written notice to the 2
Clause35.(1)
chairperson of all direct or indirect pecuniary interests that the executive 3
officer has or acquires in any business or in any corporation carrying on any 4
business. 5
(2) The obligations of the executive officer under subsection (1) are in 6
addition to any other obligations that the executive officer has under this Act 7
or any other law. 8
9
Removal
The Governor in Council may remove the executive officer from 10
Clause36.
office if the executive officer-- 11
(a) is convicted of an indictable offence; or 12
(b) is guilty of misconduct or neglect of duty; or 13
(c) contravenes a provision of this Act without reasonable excuse; or 14
(d) is unable because of physical or mental incapacity to satisfactorily 15
perform the functions of the office. 16
executive officer 17
Acting
Clause37. The Governor in Council may appoint a person to act as executive 18
officer-- 19
(a) during a vacancy in the office; or 20
(b) during any period, or all periods, when the executive officer is 21
absent from duty or Australia or is, for another reason, unable to 22
perform the functions of the office. 23
8--The staff of the Council 24
Division
staff 25
Council's
The Council may engage such employees as it considers 26
Clause38.
necessary to perform its functions. 27
26
Nursing
of employment 1
Terms
The terms of employment of the Council's employees are as 2
Clause39.(1)
determined by the Council. 3
(2) Subsection (1) has effect subject to-- 4
(a) this Act or another Act (other than the Public Service 5
Management and Employment Act 1988); and 6
(b) any relevant award or industrial agreement. 7
(3) Except as expressly provided in this Act, the Public Service 8
Management and Employment Act 1988 does not apply to the Council or its 9
employees. 10
(4) In this section-- 11
"terms of employment" include terms relating to duration of employment 12
and termination of employment. 13
relating to staff 14
Arrangements
The Council may arrange with the chief executive of a 15
Clause40.(1)
department, or with an authority of the State, for the services of officers or 16
employees of the department or authority to be made available to it. 17
(2) The Council may arrange with the appropriate authority of the 18
Commonwealth, another State or a Territory, or with an authority of the 19
Commonwealth, another State or a Territory, for the services of officers or 20
employees of the public service of the Commonwealth, State or Territory, 21
or of the authority, to be made available to it. 22
(3) The Council may arrange for the service of an employee of the 23
Council to be made available to-- 24
(a) the Commonwealth, another State or a Territory; or 25
(b) an authority of the Commonwealth, another State or a Territory. 26
scheme 27
Superannuation
The Council may, with the approval of the Governor in 28
Clause41.(1)
Council, establish and maintain, or participate in, a scheme to provide 29
27
Nursing
superannuation benefits to the executive officer or employees of the Council 1
and, for that purpose-- 2
(a) establish and maintain any fund; and 3
(b) contribute to the scheme. 4
(2) The Council may, with the approval of the Governor in Council, 5
amend a scheme established by it. 6
(3) An approval under this section is not subordinate legislation. 7
for officers and employees who were previously 8
Superannuation
officers of the public service 9
Clause42.(1) In this section-- 10
"person to whom this section applies" means a person employed by the 11
Council in a permanent or full-time capacity who, immediately before 12
becoming so employed, was-- 13
(a) an officer of the public service; and 14
(b) a contributor to the State Service Superannuation Fund or a 15
member of the State Public Sector Superannuation Scheme. 16
(2) If, at the time a person to whom this section applies becomes 17
employed by the Council, the Council does not maintain or participate in a 18
superannuation scheme for the benefit of its employees, the person is to 19
continue to be a contributor to the State Service Superannuation Fund or a 20
member of the State Public Sector Superannuation Scheme and, for that 21
purpose, is taken to be an officer within the meaning of the State Service 22
Superannuation Act 1972 or eligible for membership of the scheme under 23
the Superannuation (State Public Sector) Act 1990. 24
(3) If-- 25
(a) the Council subsequently maintains or participates in a 26
superannuation scheme for the benefit of its employees (other 27
than the State Service Superannuation Fund or the State Public 28
Sector Superannuation Scheme); and 29
(b) a person continued to be a contributor to the fund, or a member 30
of the scheme, under subsection (2); 31
28
Nursing
the person may, under arrangements prescribed by regulation, stop being a 1
contributor or member and become a member of the scheme maintained or 2
participated in by the Council. 3
Division 9--Miscellaneous 4
by Council 5
Delegation
Clause43.(1) Subject to subsection (2), the Council may delegate its powers 6
to a member of the Council, a committee of the Council or an employee of 7
the Council. 8
(2) The Council may not delegate its powers under any of the following 9
provisions-- 10
(a) section 10 (By-laws); 11
(b) section 63 (Provisional registration or enrolment); 12
(c) section 65 (Limited registration or enrolment); 13
(d) section 67 (Immediate suspension of registration or enrolment by 14
Council); 15
(e) section 69 (Review of suspension for health reasons); 16
(f) section 104 (Referral of complaint to Professional Conduct 17
Committee). 18
by executive officer 19
Delegation
Clause44. The executive officer may delegate the executive officer's powers 20
to an employee of the Council. 21
seal 22
Council's
Clause45.(1) The Council's seal is to be kept in such custody as the Council 23
directs and may be used only as authorised by the Council. 24
(2) Judicial notice must be taken of the imprint of the Council's seal 25
appearing on a document and the document must be presumed to have been 26
properly sealed until the contrary is proved. 27
29
Nursing
notice of certain signatures 1
Judicial
Clause46. Judicial notice must be taken of-- 2
(a) the official signature of a person who is or has been chairperson 3
or executive officer; and 4
(b) the fact that the person holds or has held the office concerned. 5
of Council 6
Committees
Section 17 (Disclosure of interests) applies to members of 7
Clause47.(1)
committees of the Council in the same way as it applies to members of the 8
Council. 9
(2) A member of a committee of the Council is to be paid such 10
remuneration and allowances as are determined by the Governor in Council. 11
(3) A member of a committee of the Council holds office on such terms 12
and conditions not provided in this Act as are determined by the Council. 13
PART 3--REGISTRATION AND ENROLMENT 14
Division 1--Administration 15
Register 16
The
The Council must keep a register called the Register of 17
Clause48.(1)
Registered Nurses. 18
(2) The Register must be kept in such form as the Council determines. 19
(3) The Register must contain-- 20
(a) the name of each person registered under this Act as a registered 21
nurse; and 22
(b) such other particulars as are required by this Act to be included in 23
the Register; and 24
(c) such other particulars as the Council determines. 25
30
Nursing
Roll 1
The
The Council must keep a roll called the Roll of Enrolled 2
Clause49.(1)
Nurses. 3
(2) The Roll must be kept in such form as the Council determines. 4
(3) The Roll must contain-- 5
(a) the name of each person enrolled under this Act as an enrolled 6
nurse; and 7
(b) such other particulars as are required by this Act to be included in 8
the Roll; and 9
(c) such other particulars as the Council determines. 10
of change of particulars 11
Notification
Clause50.(1) Within 2 months after a change of a particular-- 12
(a) entered in the Register or Roll; or 13
(b) given to the Council to gain entry or remain on the Register or 14
Roll; 15
the nurse concerned must give written notice of the change to the Council. 16
Maximum penalty--5 penalty units. 17
(2) The Council must make such alterations to the particulars in the 18
Register or Roll, or take such other action, as is necessary for the Register 19
or Roll to be an accurate record in relation to the persons who are entitled to 20
be registered or enrolled nurses. 21
of cancellations etc. to be recorded 22
Particulars
The Council must make such alterations to the particulars in the 23
Clause51.
Register or Roll as are necessary to record, and give effect to-- 24
(a) cancellations and suspensions of registrations or enrolments; and 25
(b) restorations of registration or enrolment; and 26
(c) conditions of practice to which registrations or enrolments are 27
subject. 28
31
Nursing
to Register or Roll etc. 1
Corrections
Clause52. The Council-- 2
(a) may correct any incorrect entry in the Register or the Roll; and 3
(b) may make any consequential alterations to any relevant certificate 4
issued under this Act. 5
of Register or Roll etc. 6
Inspection
Clause53. A person may, on payment of the prescribed fee-- 7
(a) inspect an entry in the Register or Roll; or 8
(b) obtain a copy of, or extract from, an entry in the Register or Roll, 9
certified correct by the executive officer; 10
during ordinary business hours on days on which the Council's office is 11
open. 12
2--Qualifications 13
Division
for registration or enrolment 14
Qualifications
A person is qualified to be a registered nurse, or an enrolled 15
Clause54.(1)
nurse, if the person complies with the requirements of this section in 16
relation to registration or enrolment. 17
(2) The person must satisfy the Council that the person meets either of 18
the following educational requirements-- 19
(a) that the person has successfully completed an appropriate 20
accredited nursing course in Queensland (including the passing of 21
any further examinations, and undertaking any additional 22
supervised practice, required by the Council) within such period 23
before the making of the application for registration or enrolment 24
as the Council determines; 25
(b) that the person-- 26
(i) has successfully completed an appropriate nursing course 27
conducted outside Queensland for the purposes of 28
registration or enrolment as a nurse that, in the Council's 29
32
Nursing
opinion, is based on, and would enable achievement of, 1
competencies similar to those in, and acquired by, accredited 2
nursing courses conducted in Queensland; and 3
(ii) has gained registration or enrolment as a nurse in a place 4
outside Queensland. 5
(3) The person must also satisfy the Council that the person meets both 6
of the following general requirements for registration or enrolment-- 7
(a) that the person's state of health is such that the person is capable 8
of carrying out the person's duties as a registered or enrolled 9
nurse without endangering any patient the person may attend; 10
(b) that the person has a sufficient command of the English 11
language, both oral and written, to ensure that the safety and 12
wellbeing of patients is maintained. 13
(4) If the Council is not satisfied that a person has successfully 14
completed an appropriate nursing course mentioned in subsection (2)(a) or 15
(b), the Council may permit the person to comply with subsection (2) by 16
undertaking any or all of the following to the Council's satisfaction-- 17
(a) a written examination approved by the Council relating to the 18
practice in Queensland of registered or enrolled nurses; 19
(b) an assessment approved by the Council on the clinical practice of 20
registered or enrolled nurses; 21
(c) a period of nursing practice (whether or not supervised by a 22
registered nurse) determined by the Council; 23
(d) a re-entry course approved by the Council. 24
3--Registration and enrolment 25
Division
for registration or enrolment 26
Application
An application to be registered under this Act as a registered 27
Clause55.
nurse, or enrolled under this Act as an enrolled nurse, must be-- 28
(a) made to the Council in the form approved by the Council; and 29
33
Nursing
(b) supported by evidence of qualification for registration or 1
enrolment and of such other matters as the Council requires; and 2
(c) accompanied by-- 3
(i) the prescribed application fee; and 4
(ii) the prescribed register or roll fee. 5
of applicant before Council 6
Attendance
The Council may, by written notice, require an applicant for 7
Clause56.(1)
registration or enrolment-- 8
(a) to give to the Council, orally or in writing, further information 9
relating to the application as is specified in the notice; or 10
(b) to attend before the Council for the purpose of giving information 11
relating to the application. 12
(2) If the applicant fails to give the information or attend as required, the 13
Council may refuse the application. 14
may require English examination 15
Council
For the purpose of determining whether an applicant is qualified 16
Clause57.
for registration or enrolment, the Council may require an applicant to 17
undertake and pass an examination determined by the Council in the use of 18
English. 19
or enrolment 20
Registration
Clause58.(1) The Council must register a person as a registered nurse if-- 21
(a) the person is an individual; and 22
(b) the person applies to be registered as a registered nurse; and 23
(c) the application complies with section 55; and 24
(d) the person is qualified to be a registered nurse; and 25
(e) the person otherwise complies with this Act in relation to the 26
application. 27
34
Nursing
(2) The Council must enrol a person as an enrolled nurse if-- 1
(a) the person is an individual; and 2
(b) the person applies to be enrolled as an enrolled nurse; and 3
(c) the application complies with section 55; and 4
(d) the person is qualified to be an enrolled nurse; and 5
(e) the person otherwise complies with this Act in relation to the 6
application. 7
of application 8
Refusal
If an application for registration or enrolment is refused, the 9
Clause59.
Council must immediately-- 10
(a) advise the applicant, in writing, of the refusal; and 11
(b) give the applicant written reasons for the refusal; and 12
(c) refund the register or roll fee that accompanied the application. 13
registration and enrolment not permitted 14
Both
A person may not be registered as a registered nurse and also 15
Clause60.(1)
enrolled as an enrolled nurse. 16
(2) An applicant for registration as a registered nurse, or enrolment as an 17
enrolled nurse, must advise the Council whether the person is currently 18
registered or enrolled. 19
(3) If an enrolled nurse is registered under this Act as a registered nurse, 20
the person's enrolment is cancelled. 21
(4) If a registered nurse is enrolled under this Act as an enrolled nurse, 22
the person's registration is cancelled. 23
to be taken on registration or enrolment 24
Action
On the registration or enrolment of a person, the Council 25
Clause61.(1)
must-- 26
(a) make appropriate entries in the Register or Roll; and 27
35
Nursing
(b) issue to the person a certificate of registration or enrolment in a 1
form approved by the Council; and 2
(c) issue to the person an appropriate badge of the prescribed design. 3
(2) If the registration or enrolment is provisional, temporary or limited-- 4
(a) an entry must be made in the Register or Roll showing that fact 5
and any conditions to which the registration or enrolment is 6
subject; and 7
(b) the registration or enrolment certificate, and any annual licence 8
certificate, issued to the person is to be endorsed showing that 9
fact and any conditions to which the registration or enrolment is 10
subject. 11
of certificates to be issued on application 12
Copies
On application accompanied by the prescribed fee, the executive 13
Clause62.
officer may issue to a nurse a duplicate or certified copy of the nurse's 14
certificate of registration or enrolment. 15
registration or enrolment 16
Provisional
If-- 17
Clause63.(1)
(a) a person applies to be registered or enrolled; and 18
(b) the application complies with section 55; and 19
(c) the executive officer is satisfied that the person is qualified to be 20
registered or enrolled; 21
the executive officer may provisionally register or enrol the person. 22
(2) At the first meeting of the Council after the provisional registration or 23
enrolment, the executive officer must advise the Council of the 24
circumstances and details of the provisional registration or enrolment. 25
(3) If-- 26
(a) a person applies to be registered or enrolled; and 27
(b) the application complies with section 55; and 28
36
Nursing
(c) the executive officer is not satisfied that the person is qualified to 1
be registered or enrolled; 2
the Council may provisionally register or enrol the person. 3
(4) Provisional registration or enrolment under subsection (3) may be 4
subject to such conditions (including conditions of practice) as the Council 5
determines. 6
(5) Provisional registration or enrolment is for such period (not longer 7
than 6 months) as the executive officer or Council determines. 8
(6) A person who is provisionally registered is taken to be registered 9
under this Act as a registered nurse. 10
(7) A person who is provisionally enrolled is taken to be enrolled under 11
this Act as an enrolled nurse. 12
(8) The Council may cancel the provisional registration or enrolment of a 13
person. 14
(9) If the Council cancels the provisional registration or enrolment of a 15
person, the Council must immediately-- 16
(a) advise the person of the cancellation; and 17
(b) give the person written reasons for the cancellation; and 18
(c) refund an appropriate part of the register or roll fee that 19
accompanied the relevant application. 20
(10) Cancellation of a person's provisional registration or enrolment 21
operates as a refusal by the Council of the person's application for 22
registration or enrolment. 23
(11) If a person who is provisionally registered or enrolled becomes 24
registered as a registered nurse or enrolled as an enrolled nurse, the person's 25
registration or enrolment dates from the person's provisional registration or 26
enrolment unless the Council otherwise decides. 27
registration 28
Temporary
If-- 29
Clause64.(1)
(a) a person applies to the Council, in the form approved by the 30
Council, for temporary registration as a registered nurse; and 31
37
Nursing
(b) the application is accompanied by-- 1
(i) the prescribed application fee; and 2
(ii) the prescribed register fee; and 3
(c) the Council is satisfied that-- 4
(i) the person is the holder of a degree, diploma or certificate of 5
nursing (recognised by the Council and obtained after due 6
examination) conferred by an institution recognised in the 7
place where it is situated, and by the Council, as authorised 8
to confer the degree, diploma or certificate; and 9
(ii) the person has come to Queensland-- 10
(A) at the request of a hospital, college, school of nursing or 11
other teaching institution in Queensland, of the State or 12
a State authority, or of an association recognised by the 13
Council as representative of nurses, for the purpose of 14
teaching, lecturing, giving clinical demonstrations or 15
engaging in research work; or 16
(B) undertaking postgraduate study in nursing; 17
the Council may grant the person temporary registration as a registered 18
nurse. 19
(2) Temporary registration may be subject to such conditions (including 20
conditions of practice) as the Council determines. 21
(3) Temporary registration may be granted or renewed for such period 22
(not longer than 1 year) as the Council determines. 23
(4) A person who is temporarily registered is taken to be registered under 24
this Act as a registered nurse. 25
(5) The Council may cancel the temporary registration of a person. 26
(6) If the Council cancels the temporary registration of a person, the 27
Council must immediately-- 28
(a) advise the person of the cancellation; and 29
(b) give the person written reasons for the cancellation; and 30
38
Nursing
(c) if the temporary registration has not been renewed--refund an 1
appropriate part of the register fee that accompanied the relevant 2
application. 3
(7) A person registered under this section must notify the executive 4
officer as soon as possible after the person ceases to engage in the activities 5
mentioned in subsection (1)(c)(ii) for which the registration was granted. 6
Maximum penalty--5 penalty units. 7
(8) The executive officer must cancel the person's temporary registration 8
on receipt of the notice. 9
registration or enrolment 10
Limited
If-- 11
Clause65.(1)
(a) the Health Assessment Advisory Panel recommends under 12
section 66 the imposition of limited registration or enrolment on a 13
person; or 14
(b) the Professional Conduct Committee orders the imposition of 15
limited registration or enrolment on a person; or 16
(c) a person requests the Council to impose limited registration or 17
enrolment on the person; or 18
(d) the Council is satisfied, on reasonable grounds, that limited 19
registration or enrolment should be imposed on a person; 20
then-- 21
(e) if the person is an applicant for registration or enrolment--the 22
Council may grant limited registration or enrolment to the person; 23
or 24
(f) if the person is a registered or enrolled nurse--the Council may, 25
and, if paragraph (b) applies, must, cancel the nurse's current 26
registration or enrolment and grant limited registration or 27
enrolment to the person. 28
(2) The Council must-- 29
(a) in a case to which subsection (1)(a), (c) or (d) applies-- 30
39
Nursing
(i) determine the extent to which the person's registration or 1
enrolment is to be limited; and 2
(ii) impose such conditions, limitations and restrictions on the 3
practice of nursing by the person as will ensure, in the 4
Council's opinion, that the person is capable of carrying out 5
in a professional way such functions as the limited 6
registration or limited enrolment allows the person to carry 7
out; and 8
(b) in a case to which subsection (1)(b) applies--take such action as 9
is necessary to give effect to the Committee's order. 10
(3) The conditions, limitations and restrictions that the Council may 11
impose include conditions, limitations and restrictions relating to 1 or more 12
of the following-- 13
(a) the times and places at which the person may provide nursing 14
care; 15
(b) the fields of nursing in which the person may provide nursing 16
care; 17
(c) the supervision of the person by an appropriately qualified 18
registered nurse, or an otherwise appropriately qualified person, 19
when providing nursing care. 20
(4) Limited registration or enrolment may be granted or renewed for 21
such period (not longer than 2 years) as the Council determines. 22
(5) The Council may cancel limited registration or enrolment. 23
(6) Subsection (5) does not apply to a registration or enrolment limited 24
by an order made by the Professional Conduct Committee. 25
(7) If the Council cancels the limited registration or enrolment of a 26
person, the Council must immediately-- 27
(a) advise the person of the cancellation; and 28
(b) give the person written reasons for the cancellation. 29
(8) At intervals of not more than 2 years, the Council, or the Committee 30
acting under section 116, as the case may be, must review each limited 31
registration or enrolment and determine whether it should continue. 32
40
Nursing
(9) A person with limited registration or enrolment is, subject to the 1
conditions, limitations and restrictions of the registration or enrolment, 2
taken to be registered under this Act as a registered nurse or enrolled under 3
this Act as an enrolled nurse. 4
about condition of applicants and nurses 5
Concerns
Clause66.(1) This section applies to a person who is-- 6
(a) an applicant for registration or enrolment; or 7
(b) a registered or enrolled nurse (whether or not the registration or 8
enrolment is suspended or limited). 9
(2) If the Council is concerned that the condition of a person to whom 10
this section applies may interfere with the person's ability to carry out the 11
functions of a registered or enrolled nurse, the Council may, and, if the 12
person requests, must immediately, refer the person to the Health 13
Assessment Advisory Panel for assessment. 14
(3) The Council must bear the cost of the assessment unless the Council 15
determines that the whole or a part of the cost is to be borne by the person. 16
(4) The Panel must, by written report-- 17
(a) advise the Council on the condition of the person; and 18
(b) indicate-- 19
(i) whether the person's condition may interfere with the 20
person's ability to carry out the functions of a registered or 21
enrolled nurse; and 22
(ii) the extent of the possible interference. 23
(5) The Panel may recommend the imposition of restrictions (including 24
limited registration or enrolment) under which the person should-- 25
(a) be registered or enrolled; or 26
(b) continue to be registered or enrolled; or 27
(c) be permitted to practise as a registered or enrolled nurse. 28
(6) The Council must give a copy of the report to the person or, if the 29
Council considers it appropriate, the person's medical practitioner. 30
41
Nursing
suspension of registration or enrolment by Council 1
Immediate
Clause67.(1) If the Council is satisfied that the ability of a nurse to continue 2
to practise nursing is seriously impaired to such an extent that a patient's 3
health or safety could be at risk, whether because of the state of the nurse's 4
condition or the nurse's conduct, the Council may by written notice given to 5
the nurse suspend the nurse's registration or enrolment. 6
(2) The notice must set out the reasons for the suspension. 7
(3) The suspension takes effect when the nurse is given the notice. 8
(4) If the Council suspends the registration or enrolment of a nurse 9
because of the nurse's conduct, the Council must immediately refer the 10
matter to the Professional Conduct Committee for determination. 11
(5) The suspension operates until the Professional Conduct Committee 12
makes a finding under section 116, unless it is earlier lifted by the Council. 13
suspension of registration or enrolment by executive officer 14
Immediate
If, in the executive officer's opinion, the circumstances of a 15
Clause68.(1)
particular case involve potential serious risk to a patient's health or safety 16
such that a nurse's registration or enrolment should be suspended 17
immediately, the executive officer may suspend the registration or 18
enrolment of the nurse without first giving written notice to the nurse. 19
(2) The nurse must be advised orally of the suspension by the executive 20
officer unless it is not reasonably practicable to do so within a reasonable 21
time. 22
(3) The nurse must be given written notice of the suspension (setting out 23
the reasons for the suspension) as quickly as possible. 24
(4) The suspension operates until the end of the first meeting of the 25
Council after the suspension, unless it is earlier lifted by the executive 26
officer or the Council. 27
(5) At the first meeting of the Council after the suspension, the executive 28
officer must make a full report to the Council on the suspension and the 29
reasons for the suspension. 30
42
Nursing
(6) This section does not prevent the Council from further suspending 1
the registration or enrolment of the nurse either at the meeting or 2
subsequently. 3
of suspension for health reasons 4
Review
If-- 5
Clause69.(1)
(a) the Council suspends the registration or enrolment of a nurse 6
because of the state of the nurse's condition; and 7
(b) the nurse's condition has not already been assessed by the Health 8
Assessment Advisory Panel for the purpose of the suspension; 9
the Council may, and, if the nurse requests, must immediately, refer the 10
question of the nurse's condition to the Panel under section 66. 11
(2) On receipt of the Panel's report under section 66, the Council must 12
review the suspension of the nurse and may-- 13
(a) confirm the suspension and determine the period of suspension; 14
or 15
(b) lift the suspension either immediately or from a future date 16
determined by the Council; or 17
(c) take any other action specified in section 65. 18
or suspension of registration and enrolment in certain 19
Cancellation
cases 20
The Council may cancel the registration or enrolment of a 21
Clause70.(1)
nurse-- 22
(a) who has died; or 23
(b) who applies to the Council in writing to have his or her 24
registration or enrolment cancelled; or 25
(c) whose registration or enrolment under a law of another State or a 26
Territory has been cancelled; or 27
(d) who ceases to have, or does not have, the qualifications necessary 28
for registration or enrolment. 29
43
Nursing
(2) The Council may suspend the registration or enrolment of a nurse 1
whose registration or enrolment under a law of another State or a Territory 2
has been suspended. 3
(3) The suspension under subsection (2) is to be for the same period as 4
the suspension under the law of the other State or a Territory. 5
following cancellation or suspension of registration or 6
Requirements
enrolment 7
A nurse whose registration or enrolment is cancelled or 8
Clause71.
suspended must, within 14 days after being notified of the cancellation or 9
suspension, surrender to the executive officer the nurse's-- 10
(a) certificate of registration or enrolment; and 11
(b) current annual licence certificate; and 12
(c) any badge issued to the nurse by the Council. 13
Maximum penalty--10 penalty units. 14
of registration or enrolment in certain cases 15
Restoration
If the registration or enrolment of a person is cancelled under 16
Clause72.(1)
section 70(1)(b), (c) or (d), the person must not again be registered or 17
enrolled unless the Council gives a direction under subsection (2). 18
(2) If the Council, after considering all relevant circumstances, is satisfied 19
that the person is qualified to be registered or enrolled, the Council may 20
direct that the person be re-registered or re-enrolled, either without payment 21
of a fee or on payment of any prescribed fees. 22
of certificate of registration or enrolment etc. 23
Re-issue
If a person is registered or enrolled under a direction under 24
Clause73.
subsection 72(2), the Council must issue to the person-- 25
(a) an appropriate certificate of registration or enrolment; and 26
(b) an appropriate badge of a prescribed design. 27
44
Nursing
Division 4--Annual licence certificates 1
for annual licence certificates 2
Fees
Clause74.(1) Every nurse and midwife must pay to the Council a prescribed 3
fee for an annual licence certificate. 4
(2) The certificate must be in a form approved by the Council. 5
(3) The fee for an annual licence certificate must be paid to the Council-- 6
(a) for an initial certificate--within 7 days of the nurse being 7
registered or enrolled or the midwife being authorised to practise, 8
as the case may be; and 9
(b) for each other certificate--within the prescribed period in each 10
year. 11
(4) If a nurse fails to pay the prescribed fee for an annual licence 12
certificate within the prescribed period, the Council must immediately 13
cancel the nurse's registration or enrolment. 14
(5) If, within 3 months after the cancellation of the nurse's registration or 15
enrolment, the nurse-- 16
(a) pays to the Council the prescribed fee for an annual licence 17
certificate and the prescribed restoration fee; and 18
(b) satisfies the Council that the nurse had practised nursing during 19
the 5 years before the cancellation; 20
the Council must re-register or re-enrol the nurse and issue an annual 21
licence certificate to the nurse. 22
(6) If a midwife who is not a nurse fails to pay the prescribed fee for an 23
annual licence certificate within the prescribed period, the Council must 24
immediately revoke the midwife's authority to practise midwifery. 25
(7) If, within 3 months after the revocation of the midwife's authority, 26
the midwife-- 27
(a) pays to the Council the prescribed fee for an annual licence 28
certificate and the prescribed restoration fee; and 29
(b) satisfies the Council that the midwife had practised midwifery 30
during the 5 years before the revocation; 31
45
Nursing
the Council must re-issue an authority to practise midwifery, and issue an 1
annual licence certificate, to the midwife. 2
of annual licence certificate 3
Renewal
The holder of an annual licence certificate must, during the 4
Clause75.(1)
period prescribed for the purposes of section 74(3)(b), apply to the Council 5
for renewal of the certificate. 6
(2) The application must be-- 7
(a) in the form approved by the Council; and 8
(b) supported by-- 9
(i) proof that the applicant has practised in the relevant area of 10
nursing or midwifery within the previous 5 years; and 11
(ii) such other information as the Council may require. 12
(3) If the Council is not satisfied that the applicant has practised in the 13
relevant area of nursing or midwifery within the previous 5 years, the 14
Council may-- 15
(a) refuse to grant the renewal; or 16
(b) grant the renewal subject to such conditions as the Council 17
considers appropriate, including conditions about education, 18
training and experience to be undertaken or gained. 19
(4) If, during the period prescribed for the purposes of section 74(3)(b), 20
application is made by a person for renewal of an annual licence certificate 21
and the prescribed annual licence fee is paid, the annual licence certificate 22
concerned does not expire until the application is determined, unless the 23
person's registration, enrolment or authorisation to practise midwifery is 24
earlier cancelled or suspended. 25
of annual licence certificates 26
Endorsement
An annual licence certificate issued to a person must be 27
Clause76.(1)
suitably endorsed to show-- 28
(a) any conditions, limitations and restrictions imposed on the person 29
by the Council; and 30
46
Nursing
(b) any authorisation to practise as a midwife or psychiatric nurse; 1
and 2
(c) any authorisation to practise in another area of nursing. 3
(2) An endorsement authorising a person to practise as a midwife, as a 4
psychiatric nurse or in another area of nursing may be granted by the 5
Council if-- 6
(a) the person is the holder of a qualification recognised by the 7
Council in relation to the area of nursing; and 8
(b) the application for endorsement is made within the period 9
determined by the Council after gaining the qualification. 10
(3) An endorsement mentioned in subsection (2) is subject to any 11
requirements of proof of practice determined by the Council. 12
Division 5--Authorisation to practise nursing 13
to practise 14
Authorisation
An individual may be authorised by the Council to practise 15
Clause77.(1)
midwifery if the person has successfully completed a midwifery course 16
accredited by the Council or a comparable course outside Queensland that is 17
based on similar competencies. 18
(2) An individual may be authorised by the Council to practise 19
psychiatric nursing if the person has successfully completed a psychiatric 20
nursing course accredited by the Council or a comparable course outside 21
Queensland that is based on similar competencies. 22
(3) An individual may be authorised to practise nursing in another area of 23
nursing if the person is the holder of a qualification recognised by the 24
Council. 25
(4) A person who is not a nurse may be authorised by the Council to 26
practise nursing subject to any conditions imposed by the Council. 27
(5) The Council may, by writing given to the person concerned, revoke 28
an authorisation under this section. 29
(6) The Council and the Panel have functions and powers in relation to 30
persons authorised to practise nursing and midwifery under this section that 31
47
Nursing
are comparable to the functions and powers that they have in relation to 1
registered nurses and, for that purpose, sections 65 to 73 apply, with 2
necessary modifications and any prescribed modifications, to such a person 3
as if the person were a registered nurse and the person's authority to 4
practise were the registration of the person under this Act as a registered 5
nurse. 6
PART 4--ACCREDITATION OF NURSING COURSES 7
of nursing courses 8
Accreditation
Clause78.(1) The Council may accredit a nursing course that is being or is to 9
be conducted by a school of nursing. 10
(2) Accreditation of a nursing course under subsection (1) may be by the 11
Council accepting the accreditation of a nursing course by a school of 12
nursing. 13
(3) The Council may accredit a nursing course only if it is satisfied that 14
the course is conducted at an appropriate standard. 15
(4) The Council may grant accreditation to a nursing course in a form 16
that it considers appropriate, including-- 17
(a) interim, temporary, provisional or full accreditation; and 18
(b) accreditation that is subject to conditions or recommendations for 19
improvement of the course concerned. 20
(5) The Council may review an accredited nursing course. 21
(6) If the Council finds that the accredited nursing course is not being 22
conducted at the appropriate standard, the Council may cancel or vary the 23
accreditation. 24
(7) The Council may refuse to accredit, or cancel the accreditation of, a 25
nursing course if-- 26
(a) the Council is not supplied with relevant information about the 27
course on request; or 28
(b) the school of nursing conducting the course contravenes this Act. 29
48
Nursing
(8) A person must not provide, or advertise that the person is willing or 1
able to provide, an accredited nursing course unless the course is accredited 2
under this section. 3
(9) A person must not-- 4
(a) enrol, or cause another person to enrol, a person; or 5
(b) offer to enrol, or enter into an agreement to enrol, a person; or 6
(c) collect, or accept, a fee for enrolling a person; or 7
(d) invite a person to enrol; 8
in a course purporting to lead to registration or enrolment if the course is not 9
an accredited nursing course. 10
Maximum penalty--10 penalty units. 11
of nursing to keep records 12
Schools
A school of nursing that conducts an accredited nursing course 13
Clause79.
must accurately keep, in the prescribed way-- 14
(a) prescribed records of all students undertaking the course; and 15
(b) other prescribed records relating to the course, the content of the 16
course and the progress of each student; and 17
(c) such other records as are prescribed. 18
Maximum penalty--10 penalty units. 19
of nursing to permit inspection 20
Schools
Clause80.(1) A school of nursing that conducts an accredited nursing course 21
must permit an inspector-- 22
(a) to enter the premises where the course is conducted at any 23
reasonable time; and 24
(b) to inspect all documents and records relevant to the course and 25
any other documents necessary to establish-- 26
(i) the standard at which the course is being conducted; and 27
(ii) the progress of the students; and 28
49
Nursing
(ii) any other matter that the Council considers relevant to the 1
purposes of this Part. 2
(2) The school of nursing must, on demand by the inspector, produce to 3
the inspector all documents and records that the inspector is entitled to 4
inspect under subsection (1). 5
(3) The school of nursing must make the teaching staff of the school 6
available to the inspector for the purpose of discussing any matter relevant 7
to the purposes of this Part. 8
of nursing to issue certificates etc. 9
Schools
If a person successfully completes an accredited nursing course 10
Clause81.
conducted by a school of nursing, the governing body of the school must 11
confer, grant or issue to the person a degree, diploma or certificate 12
appropriate for the course completed. 13
by Council 14
Examinations
To determine eligibility of persons for registration or 15
Clause82.(1)
enrolment, the Council may-- 16
(a) determine the character, assessment methodology, examinable 17
subject matter and conduct of examinations; and 18
(b) appoint examiners in relation to examinations; and 19
(c) appoint places where, and times when, examinations are to be 20
held. 21
(2) If the Council forms the opinion, on reasonable grounds, that the 22
eligibility of a person to become registered or enrolled, or have a certificate 23
endorsed, is in doubt, the Council may require the person to take an 24
examination arranged by the Council to establish the eligibility. 25
(3) Subsection (2) does not apply to a person who has undertaken 26
examinations arranged by the Council. 27
50
Nursing
to monitor assessment standards 1
Power
The Council may monitor standards of student assessment in 2
Clause83.
schools of nursing if the students do not undertake examinations arranged 3
by the Council. 4
ART 5--PROFESSIONAL CONDUCT 5
P
1--Professional Conduct Committee 6
Division
Conduct Committee 7
Professional
A committee called the Professional Conduct Committee is 8
Clause84.
established. 9
functions 10
Committee's
Clause85.(1) The functions of the Committee are-- 11
(a) to hear any charge that is referred to it under this Act; and 12
(b) in relation to charges, to make findings whether there have been 13
contraventions of the code of conduct; and 14
(c) to take appropriate action under section 116; and 15
(d) to keep a written record of-- 16
(i) its proceedings; and 17
(ii) the documents produced to it in relation to each matter 18
referred to it; and 19
(e) to give to the Council a report of its work and activities during 20
each financial year; and 21
(f) to carry out such other functions as are conferred on it by this or 22
another Act. 23
51
Nursing
powers 1
Committee's
The Committee has power to do all things necessary or 2
Clause86.(1)
convenient to be done for, or in connection with, the performance of its 3
functions. 4
(2) Without limiting subsection (1), the committee has such powers as 5
are conferred on it by this Act. 6
constitution 7
Committee's
Clause87. The Committee consists of the following 8 members-- 8
(a) 1 legal practitioner; 9
(b) 6 registered nurses nominated by the Council, of whom 3 are to 10
be chosen by the Council from a panel of names submitted by an 11
association or associations accepted by the Council as 12
representatives of nurses; 13
(c) 1 person, representing persons who use services provided by the 14
nursing profession. 15
chairperson 16
Committee's
The member mentioned in section 87(a) is the chairperson of the 17
Clause88.
Committee. 18
19
Appointment
Clause89.(1) The members are appointed by the Governor in Council. 20
(2) A member of the Council may not be appointed as a member of the 21
Committee. 22
of appointment 23
Duration
The appointment of a member is for the term (not longer than 3 24
Clause90.
years) specified in the member's instrument of appointment. 25
52
Nursing
of appointment 1
Terms
Clause91.(1) A member holds office on a part-time basis. 2
(2) A member is to be paid the remuneration and allowances determined 3
by the Governor in Council. 4
(3) A member holds office on terms not provided by this Act as are 5
determined by the Governor in Council. 6
ceasing as a member 7
Member
A person who is a member of the Committee ceases to be a 8
Clause92.
member if the person-- 9
(a) resigns by signed notice given to the Governor; or 10
(b) ceases to be qualified to be appointed as a member; or 11
(c) is removed from office by the Governor in Council. 12
of interests 13
Disclosure
If a member of the Committee (including the chairperson) is, 14
Clause93.(1)
or is to be, a member of the Committee as constituted for the purposes of a 15
proceeding and the member has or acquires an interest (whether pecuniary 16
or otherwise) that could conflict with the proper performance of the 17
member's functions in relation to the proceeding-- 18
(a) the member must disclose the interest to the parties to the 19
proceeding; and 20
(b) except with the consent of all parties to the proceeding--the 21
member must not take part in the proceeding or exercise any 22
powers in relation to the proceeding. 23
(2) If the chairperson becomes aware that a member who is, or is to be, a 24
member of the Committee as constituted for the purposes of a proceeding 25
has in relation to the proceeding an interest of the kind mentioned in 26
subsection (1)-- 27
(a) if the chairperson considers that the member should not take part, 28
or continue to take part, in the proceeding--the chairperson must 29
direct the member accordingly; or 30
53
Nursing
(b) in any other case--the chairperson must cause the interest of the 1
member to be disclosed to the parties to the proceeding if the 2
interest has not already been disclosed to them. 3
chairperson 4
Acting
Clause94. The Governor in Council may appoint a legal practitioner to act as 5
chairperson-- 6
(a) during a vacancy in the office; or 7
(b) during any period, or all periods, when the chairperson is absent 8
from duty or Australia or is, for another reason, unable to 9
perform the duties of the office; 10
(c) in relation to a proceeding in relation to which section 93(1)(b) 11
applies to the chairperson. 12
of business 13
Arrangement
Subject to section 96, the chairperson may give directions in 14
Clause95.(1)
relation to-- 15
(a) the arrangement of the business of the Committee; and 16
(b) the members who are to constitute the Committee for the 17
purposes of particular proceedings. 18
(2) If the chairperson gives a direction about the members who are to 19
constitute the Committee for the purposes of a particular proceeding, the 20
chairperson may-- 21
(a) at any time after giving the direction and before the start of the 22
hearing of the proceeding; or 23
(b) if 1 of the members ceases to be a member, or ceases to be 24
available for the purposes of the proceeding, during the hearing of 25
the proceeding or after the completion of the hearing but before 26
the matter to which the proceeding relates is determined--at any 27
time after the member ceases to be a member or to be available; 28
revoke the direction and give a further direction under subsection (1) as to 29
the persons who are to constitute the Committee for the purposes of the 30
proceeding. 31
54
Nursing
of Committee for particular proceeding 1
Constitution
The Committee is to be constituted for the purposes of the 2
Clause96.(1)
hearing and determination of a proceeding by-- 3
(a) the chairperson; and 4
(b) 4 other members, of whom 3 must be registered nurses. 5
(2) The Committee may be constituted for the exercise of powers in 6
relation to the hearing of a proceeding, or for purposes other than the 7
hearing and determination of a proceeding, by the chairperson. 8
of Committee ceasing to be available 9
Member
Clause97.(1) If the hearing of a proceeding has been started or completed by 10
the Committee but, before the matter to which the proceeding relates has 11
been determined, 1 of the members constituting the Committee (other than 12
the chairperson) ceases to be a member, or ceases to be available for the 13
purposes of the proceeding-- 14
(a) if the parties agree and the chairperson does not give a direction 15
under section 95--the hearing and determination, or the 16
determination, of the proceeding may be completed by the 17
Committee constituted by the remaining members; or 18
(b) in any other case--the proceeding is to be reheard by the 19
Committee as constituted under section 96. 20
(2) If a proceeding is reheard by the Committee, the Committee may, for 21
the purposes of the proceeding, have regard to any record of the proceeding 22
before the Committee as previously constituted, including any evidence 23
taken in the proceeding. 24
places 25
Sitting
Sittings of the Committee may be held from time to time as 26
Clause98.
required at any place in the State. 27
55
Nursing
2--Code of conduct 1
Division
of conduct 2
Code
For the purpose of providing practical guidance to nurses, 3
Clause99.
midwives and other persons authorised to practise nursing, the Council 4
may, by by-law, prescribe a code of conduct relating to nursing practice. 5
may be taken in certain cases 6
Action
If a person who is-- 7
Clause100.
(a) a registered nurse; or 8
(b) an enrolled nurse; or 9
(c) a midwife; or 10
(d) otherwise authorised to practise nursing; 11
contravenes a code of conduct, action may be taken under this Part against 12
the person on the ground of a contravention of the code of conduct. 13
taken because of industrial disputes etc. 14
Action
This Part does not apply to action taken, or not taken, by a 15
Clause101.
person because of an industrial dispute that does not involve civil or 16
criminal negligence by the person. 17
Division 3--Contraventions of code of conduct 18
concerning conduct 19
Complaints
A person aggrieved by the conduct of a nurse, a midwife or 20
Clause102.(1)
another person authorised to practise nursing may complain in writing to 21
the Council of the conduct. 22
(2) Subject to Part 8 of the Health Rights Commission Act 1991, the 23
Council may cause an investigation to be conducted into the conduct of a 24
nurse, midwife or another person authorised to practise nursing on the 25
ground of contravention of the code of conduct. 26
56
Nursing
(3) Action may be taken under this Part against a person in relation to 1
any conduct mentioned in subsection (2) that is alleged to have happened 2
when the person was a nurse or authorised to practise nursing or midwifery 3
even though the person is no longer a nurse or authorised to practise 4
nursing or midwifery. 5
by Council 6
Investigation
An investigation under section 102(2) may be undertaken by 7
Clause103.(1)
an inspector. 8
(2) The executive officer must notify the person against whom the 9
complaint is made of the Council's decision to conduct an investigation. 10
(3) A person does not incur civil liability for the disclosure to an 11
inspector of information or documents relating to the person the subject of 12
the complaint. 13
(4) The inspector must-- 14
(a) give the person who is the subject of the complaint full particulars 15
of the complaint; and 16
(b) provide the person with an opportunity during the course of the 17
investigation to make formal submission to the inspector in 18
relation to the complaint. 19
(5) The inspector must give-- 20
(a) to the Council--a written report, in reasonable detail, of findings, 21
and opinions based on the findings, in relation to the complaint; 22
and 23
(b) to the person who is the subject of the complaint--a written 24
outline of the report and general particulars of findings adverse to 25
the person. 26
(6) The executive officer may, by written notice, direct the person against 27
whom the complaint is made to undergo an assessment by the Health 28
Assessment Advisory Panel under Division 5. 29
(7) The Council must bear the cost of the assessment unless the Council 30
determines that the whole or a part of the cost should be borne by the 31
person. 32
57
Nursing
(8) The Panel must give a written report of its assessment to the Council. 1
(9) The Council must give a copy of the report to the person the subject 2
of the complaint or, if it considers it appropriate, the person's medical 3
practitioner. 4
of complaint to Professional Conduct Committee 5
Referral
Clause104.(1) If the Council is satisfied in relation to a complaint that-- 6
(a) the complaint is based on the ground of contravention of the code 7
of conduct; and 8
(b) there is substance to the complaint; 9
the Council may-- 10
(c) prefer a charge against a person alleging a contravention of the 11
code of conduct; and 12
(d) refer the matter to the Committee for hearing and determination. 13
(2) The charge is to contain or be accompanied by sufficient particulars to 14
inform the Committee and the person of the alleged contravention of the 15
code of conduct. 16
4--Professional Conduct Committee proceedings 17
Division
before Committee 18
Proceedings
A charge referred to the Committee for hearing and 19
Clause105.(1)
determination is to be filed with the chairperson. 20
(2) The chairperson is to take all steps necessary to have the Committee 21
constituted to hear and determine the charge. 22
(3) At least 30 days before the day fixed for the hearing, the Committee 23
must give written notice to the person charged of the charge, its particulars 24
and the day and time of the hearing. 25
(4) The hearing of the charge is to be open to the public unless the 26
Committee determines that, in the special circumstances of the particular 27
case, the whole or a specified part of the hearing should not be open to the 28
public. 29
58
Nursing
(5) At the hearing-- 1
(a) a barrister or solicitor or a person employed by the Council may 2
appear for the purpose of adducing evidence or assisting the 3
Committee; and 4
(b) the person charged is entitled to be represented by-- 5
(i) a barrister or solicitor; or 6
(ii) a person nominated by the person charged as the person's 7
agent; and 8
(c) any person who lodged a complaint is entitled to be represented 9
by-- 10
(i) a barrister or solicitor; or 11
(ii) a person nominated by the first person as the person's agent. 12
(6) In conducting the hearing, the Committee-- 13
(a) must observe natural justice; and 14
(b) must proceed quickly with as little formality and technicality as is 15
consistent with a fair and proper hearing of the charge; and 16
(c) is not bound by rules or practice about evidence and may inform 17
itself on any matter as the Committee considers appropriate. 18
(7) Subject to subsection (6), the chairperson may give directions about 19
the procedure to be followed in a hearing. 20
of Committee 21
Powers
Clause106.(1) When conducting a hearing, the Committee may-- 22
(a) proceed in the absence of the person the subject of the charge if it 23
is satisfied that section 105(3) has been complied with; and 24
(b) receive evidence on oath or by statutory declaration; and 25
(c) adjourn the proceeding; and 26
(d) permit amendment of a document; and 27
(e) disregard any defect, error, omission or insufficiency in a 28
document. 29
59
Nursing
(2) The chairperson may administer an oath to a person appearing as a 1
witness at the inquiry. 2
ummons to witness 3
S
The chairperson may, by written notice given to a person, 4
Clause107.(1)
require the person to attend a hearing before the Committee at a time and 5
place specified in the notice for the purpose of giving evidence or producing 6
a document or thing specified in the notice. 7
(2) A person to whom a notice under subsection (1) is given must not 8
fail, without reasonable excuse-- 9
(a) to attend as required by the notice; or 10
(b) to continue to attend as required by the chairperson until excused 11
from further attendance; or 12
(c) to produce a document or thing that is specified in the notice. 13
Maximum penalty--10 penalty units. 14
(3) A person who appears as a witness at a hearing by the Committee is 15
entitled to be paid the allowance prescribed by by-law for attendance at the 16
hearing. 17
of witness at inquiry 18
Duty
A person appearing as a witness at a hearing by the Committee 19
Clause108.
must not fail-- 20
(a) to take an oath, or make an affirmation, when required to do so 21
by the chairperson; or 22
(b) without reasonable excuse, to answer a question when required to 23
do so by the chairperson. 24
Maximum penalty--10 penalty units. 25
a reasonable excuse 26
Self-incrimination
A person is not required-- 27
Clause109.
(a) to produce to the Committee a document or thing; or 28
60
Nursing
(b) to answer a question asked by a member of the Committee; 1
if producing the document or thing, or answering the question, might tend 2
to incriminate the person. 3
of documents 4
Inspection
When a document or thing is produced to the Committee at a 5
Clause110.(1)
hearing, the Committee may-- 6
(a) examine the document or thing; and 7
(b) make copies of, or take extracts from, the document, or 8
photograph the thing, if it is relevant to the hearing. 9
(2) The Committee may take possession, and retain for as long as is 10
reasonably necessary, a document or thing produced at the hearing. 11
(3) While it retains possession of a document or thing, the Committee 12
must permit a person otherwise entitled to possession of the document or 13
thing-- 14
(a) to examine the document or thing; or 15
(b) to make copies of, or take extracts from, the document, or 16
photograph the thing; 17
at such reasonable time and place as the Committee determines. 18
of Committee etc. 19
Obstruction
A person must not obstruct or hinder, attempt to obstruct or 20
Clause111.
hinder, or attempt to improperly influence, the conduct of a Committee 21
hearing. 22
Maximum penalty--30 penalty units. 23
from Committee hearing 24
Removal
Clause112.(1) The chairperson may order a person to leave a hearing closed 25
to the public. 26
(2) The chairperson may order a person to leave a hearing if the person 27
obstructs or hinders, attempts to obstruct or hinder, or attempts to 28
61
Nursing
improperly influence, the conduct of the hearing. 1
(3) If a person is ordered to leave a hearing, the person must immediately 2
do so. 3
Maximum penalty--50 penalty units. 4
(4) If the person (the "offender") does not immediately leave the 5
hearing, the chairperson may authorise a person (the "authorised person") 6
to remove the offender from the hearing. 7
(5) In carrying out the authority, the authorised person must use only 8
such force as is reasonable and necessary. 9
(6) The offender must not resist the authorised person in carrying out the 10
authority. 11
Maximum penalty--100 penalty units. 12
and findings etc. in other proceedings may be received or 13
Evidence
adopted 14
Clause113. In the course of a hearing, the Committee may-- 15
(a) receive in evidence a transcript of evidence taken in a proceeding 16
before a court, tribunal or other body constituted under the law of 17
the State, the Commonwealth, another State, a Territory or a 18
foreign country, and draw conclusions of fact from the evidence 19
that it considers proper; and 20
(b) adopt, as it considers proper, findings, decisions, judgments, or 21
reasons for judgment, of the court, tribunal or body that may be 22
relevant to the proceedings before the Committee. 23
assessment 24
Health
If the Committee believes, on reasonable grounds, that a 25
Clause114.(1)
person against whom a charge has been preferred is suffering from-- 26
(a) an addiction to alcohol or drugs; or 27
(b) another condition; 28
that impairs the person's ability to practise nursing or midwifery, the 29
chairperson of the Committee may, by written notice, direct the person to be 30
62
Nursing
assessed by the Health Assessment Advisory Panel. 1
(2) The Council must bear the cost of the assessment unless the 2
Committee orders otherwise under section 116(4). 3
(3) The Panel must give a written report of the assessment to the 4
Committee. 5
(4) The report may be used in evidence at the hearing of the charge by the 6
Committee. 7
(5) The Committee may require a member of the Health Assessment 8
Advisory Panel to appear before it and answer questions about the report. 9
of questions before Committee 10
Determinations
Subject to subsections (2) and (3), a question before the 11
Clause115.(1)
Committee is to be decided according to the opinion of the majority of the 12
members constituting the Committee for the purpose of the hearing of the 13
charge concerned. 14
(2) If the members of the Committee are equally divided on a question, 15
the question is to be decided according to the opinion of the chairperson. 16
(3) A question of law arising before the Committee is to be decided by 17
the chairperson. 18
by Committee 19
Action
Clause116.(1) If, on the hearing of a charge against a person, the Committee 20
finds a contravention of a code of conduct proved, it may do any 1 or more 21
of the following-- 22
(a) take no action; 23
(b) caution the person; 24
(c) reprimand the person; 25
(d) order the imposition of conditions, limitations and restrictions 26
(including limited registration or enrolment) under which the 27
person may continue to practise as a registered nurse, enrolled 28
nurse, midwife or another person authorised to practise nursing 29
for a period (not longer than 2 years) determined by the 30
63
Nursing
Committee; 1
(e) order that the person's registration or enrolment, or the person's 2
authorisation to practise midwifery or nursing, be suspended for 3
such period (not longer than 2 years) as the Committee considers 4
appropriate; 5
(f) order the cancellation of the person's registration or enrolment, or 6
the revocation of the person's authority to practise midwifery or 7
nursing, and set conditions under which the person may re-apply 8
for registration or enrolment or to be authorised; 9
(g) order that the person pay to the Council, by way of penalty, an 10
amount (not more than 20 penalty units) fixed by the Committee; 11
(h) order the imposition of such other conditions as the Committee 12
considers appropriate. 13
(2) If conditions, limitations or restrictions are imposed for a period, or a 14
suspension is ordered for a period-- 15
(a) the matter must be again reviewed by the Committee at the end of 16
the period to determine whether further action should be taken; 17
and 18
(b) the Committee is taken to have entered all necessary 19
adjournments for the purpose of any further hearing in relation to 20
the review; and 21
(c) the review may be undertaken by the Committee constituted by 22
the same or different members; and 23
(d) the Committee may, on reviewing the order made under 24
subsection (1)(d) or (e), continue the order for a period (not 25
longer than 2 years) on each review or do any 1 or more of the 26
things mentioned in subsection (1). 27
(3) If, on the hearing of a charge, the Committee does not find the charge 28
proved, it must dismiss the charge. 29
(4) All costs in relation to a hearing before the Committee are payable by 30
the Council unless the Committee orders, on finding the charge proved, that 31
the costs of the proceeding be paid by the person against whom the charge 32
was made. 33
(5) A pecuniary penalty, or amount of costs, ordered by the Committee 34
64
Nursing
to be paid under this section-- 1
(a) becomes due and payable immediately or, if the Committee 2
allows time for payment, on expiry of the time allowed; and 3
(b) is to be paid to the Council. 4
of Committee's orders 5
Effect
If-- 6
Clause117.(1)
(a) the Committee orders that a penalty or an amount of costs be 7
paid; and 8
(b) the order is not complied with; 9
the Council may recover the amount of the unpaid penalty or costs from the 10
person against whom the order is made as a debt due to the Council. 11
(2) The Council must take any action necessary to give effect to an order 12
of the Committee under section 116. 13
of Committee's orders and reasons 14
Notification
The Committee must give written reasons for findings and 15
Clause118.(1)
orders made by it. 16
(2) As soon as practicable after the Committee makes its findings and 17
orders and gives the written reasons, the Committee must give to the 18
Council, the person who is the subject of the charge and any person who 19
made a complaint a copy of the orders and reasons. 20
(3) The Council may publish the orders and reasons of the Committee in 21
any way the Council considers appropriate. 22
5--Health assessments 23
Division
Assessment Advisory Panel 24
Health
A panel called the Health Assessment Advisory Panel is 25
Clause119.(1)
established. 26
(2) The Panel has such functions and powers as are prescribed by this 27
65
Nursing
Act. 1
of Health Assessment Advisory Panel 2
Members
The Panel is to consist of such number of persons as are 3
Clause120.(1)
appointed from time to time by the Council. 4
(2) The members of the Panel must be persons who, in the Council's 5
opinion, are appropriately qualified to assess the condition of persons. 6
(3) A member of the Council is not eligible for appointment to the Panel. 7
of Health Assessment Advisory Panel 8
Operation
Clause121.(1) In a matter, the Panel is constituted by 1 or more members of 9
the Panel selected by the executive officer. 10
(2) The Panel may require the person being assessed to submit to such 11
tests and examinations as are, in the Panel's opinion, necessary to determine 12
the person's condition. 13
(3) Nothing in this section prevents the Panel from considering reports 14
and opinions submitted to the Panel by or on behalf of the person being 15
assessed. 16
(4) The Panel must report to the person or body that referred a person to 17
the Panel for assessment-- 18
(a) on the condition of the person examined; or 19
(b) if the person refuses to undergo the examination or obstructs the 20
examination--of that fact; 21
within 7 days after the examination, refusal or obstruction. 22
66
Nursing
ART 6--PROVISIONS CONCERNING CERTAIN 1
P
NURSING MATTERS 2
of Act in certain cases 3
Application
If a person, who is registered as a nurse outside Queensland, is 4
Clause122.
in Queensland for the purpose of-- 5
(a) assisting in the process of retrieval or escort of a patient; or 6
(b) the transplantation of human organs or tissues; or 7
(c) another similar emergency purpose; 8
the person is taken to be a registered nurse while so practising. 9
as a nurse 10
Employment
Despite any industrial award or agreement or any other 11
Clause123.(1)
agreement, a registered nurse must not be employed, or continue in 12
employment, as a registered nurse unless the person has a current annual 13
licence certificate. 14
(2) Despite any industrial award or agreement or any other agreement, an 15
enrolled nurse must not be employed, or continue in employment, as an 16
enrolled nurse unless the person has a current annual licence certificate. 17
(3) Despite any industrial award or agreement or any other agreement, a 18
midwife must not be employed, or continue in employment, as a midwife 19
unless the person has a current annual licence certificate. 20
(4) A person (the "employer") who employs a person (the "employee") 21
as a nurse or midwife must ensure-- 22
(a) that the employee holds a current annual licence certificate at the 23
time the employee is employed; and 24
(b) that the employee continues to hold a current annual licence 25
certificate for so long as the employee is employed by the 26
employer. 27
(5) If the employer is not, at any time, satisfied that the employee holds a 28
current annual licence certificate, the employer must immediately notify the 29
executive officer. 30
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Nursing
Maximum penalty--20 penalty units. 1
2
Badges
A nurse is entitled to wear a badge of the appropriate 3
Clause124.(1)
prescribed design issued to the nurse by the Council. 4
(2) A person who is not currently registered, enrolled or authorised under 5
this Act to practise nursing must not wear a badge issued by the Council. 6
(3) A person must not wear a badge issued by the Council that is not 7
issued to the person. 8
(4) A person must not use or wear an imitation of a badge issued by the 9
Council. 10
Maximum penalty--20 penalty units. 11
ART 7--INVESTIGATION AND ENFORCEMENT 12
P
1--Inspectors 13
Division
of inspectors 14
Appointment
The Council may appoint an employee of the Council or 15
Clause125.(1)
another person to be an inspector. 16
(2) The Council must not appoint a person to be an inspector unless the 17
Council is satisfied that the person has the necessary training or experience 18
to be an inspector. 19
card for inspectors 20
Identity
The executive officer must issue an identity card to each 21
Clause126.(1)
inspector. 22
(2) The identity card must-- 23
(a) contain a recent photograph of the inspector; and 24
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(b) be in a form approved by the executive officer; and 1
(c) be signed by the inspector. 2
(3) A person who ceases to be an inspector must not, without reasonable 3
excuse, fail to return the person's identity card to the executive officer as 4
soon as practicable after ceasing to be an inspector. 5
Maximum penalty for subsection (3)--2 penalty units. 6
to produce identity card 7
Inspector
An inspector may exercise a power under this Part in relation to 8
Clause127.
a person only if the inspector first produces his or her identity card for 9
inspection by the person. 10
Division 2--Investigation of offences 11
and search--monitoring compliance 12
Entry
For the purpose of finding out whether this Act is being 13
Clause128.(1)
complied with, an inspector may-- 14
(a) enter any place at any reasonable hour of the day or night; and 15
(b) exercise the powers mentioned in section 130. 16
(2) An inspector may enter a place or exercise a power under subsection 17
(1) only if-- 18
(a) the occupier of the place consents to the entry or exercise of the 19
power; or 20
(b) a health service is conducted at the place and the place is open for 21
entry. 22
and search--evidence of offences 23
Entry
If an inspector has reasonable grounds for suspecting that 24
Clause129.(1)
there is in a place a particular thing (the "evidence") that may afford 25
evidence of the commission of an offence against this Act, the inspector 26
may-- 27
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(a) enter the place; and 1
(b) exercise the powers mentioned in section 130. 2
(2) If the inspector enters the place and finds the evidence-- 3
(a) the inspector may seize the evidence; and 4
(b) the inspector may keep the evidence-- 5
(i) for 6 months; or 6
(ii) if a prosecution of an offence against this Act, or a charge of 7
a contravention of a code of conduct, in the commission of 8
which the evidence may have been used or otherwise 9
involved is instituted or preferred within that period--until 10
the completion of the proceeding for the offence or charge 11
and any appeal in relation to the proceeding; and 12
(c) if the evidence is a document--while the inspector has 13
possession of the document, the inspector-- 14
(i) may take extracts from, and make copies of, the document; and 15
(ii) must allow the document to be inspected at any reasonable 16
time by a person who would be entitled to inspect it if it 17
were not in the inspector's possession. 18
(3) The inspector may enter the place or exercise a power under 19
subsection (1) only if-- 20
(a) the occupier of the place consents to the entry or exercise of the 21
power; or 22
(b) a warrant under section 131 that was issued in relation to the 23
evidence authorises the entry or exercise of the power. 24
(4) If, while searching the place under subsection (1) under a warrant 25
under section 131, the inspector finds a thing (the "secondary evidence") 26
that is not the evidence, then, subject to subsection (5), subsection (2) 27
applies to the secondary evidence as if it were the evidence. 28
(5) Subsection (4) applies only if the inspector believes, on reasonable 29
grounds, that-- 30
(a) the secondary evidence will afford evidence of the commission 31
of-- 32
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of-- 1
(i) the offence mentioned in subsection (1); or 2
(ii) another offence against this Act; and 3
(b) it is necessary to seize the secondary evidence to prevent-- 4
(i) its concealment, loss, death or destruction; or 5
(ii) its use in committing, continuing or repeating either of the 6
offences. 7
powers of inspector in relation to places 8
General
An inspector who enters a place under this Part may exercise 9
Clause130.(1)
any of the following powers-- 10
(a) search any part of the place; 11
(b) inspect, examine, photograph or film anything in the place; 12
(c) take extracts from, and make copies of, any documents in the 13
place; 14
(d) take into the place persons, equipment and materials that the 15
inspector reasonably requires for the purpose of exercising any 16
powers in relation to the place; 17
(e) require-- 18
(i) the occupier of the place; or 19
(ii) any person in the place; 20
to give to the inspector reasonable assistance in relation to the 21
exercise of the powers mentioned in paragraphs (a) to (d); 22
(f) the power mentioned in section 133 (Inspector may require name 23
and address). 24
(2) A person must not, without reasonable excuse, fail to comply with a 25
requirement made under subsection (1)(e). 26
Maximum penalty--10 penalty units. 27
(3) It is a reasonable excuse for a person to fail-- 28
(a) to answer a question; or 29
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(b) to produce a document (other than a document required to be kept 1
by a person under this Act); 2
if answering the question, or producing the document, might tend to 3
incriminate the person. 4
(4) This section does not limit any power that an inspector has apart from 5
this section. 6
related warrants 7
Offence
An inspector may apply to a Magistrate for a warrant under 8
Clause131.(1)
this section in relation to a particular place. 9
(2) Subject to subsection (3), the Magistrate may issue the warrant if the 10
Magistrate is satisfied, by information on oath, that there are reasonable 11
grounds for suspecting that there is, or there may be within the next 7 days, 12
in the place a particular thing that may afford evidence of the commission of 13
an offence against this Act. 14
(3) If the Magistrate requires further information about the grounds on 15
which the issue of the warrant is being sought, the Magistrate may issue the 16
warrant only if the inspector or some other person has given the 17
information to the Magistrate in the form (either orally or by affidavit) that 18
the Magistrate requires. 19
(4) The warrant must-- 20
(a) authorise the inspector, with such assistance and by such force as 21
is necessary and reasonable-- 22
(i) to enter the place; and 23
(ii) to exercise the powers set out in section 130; and 24
(iii) to seize the evidence; and 25
(b) state whether the entry is authorised to be made-- 26
(i) at any time of the day or night; or 27
(ii) during specified hours of the day or night; and 28
(c) specify the day (not more than 14 days after the issue of the 29
warrant) on which the warrant ceases to have effect; and 30
(d) state the purpose for which the warrant is issued. 31
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may be issued by various forms of communication 1
Warrants
Clause132.(1) If an inspector considers it necessary to do so because of-- 2
(a) urgent circumstances; or 3
(b) other special circumstances, including, for example, the 4
inspector's remote location; 5
the inspector may, under this section, apply by telephone, facsimile, radio or 6
another form of communication for a warrant under section 131. 7
(2) Before applying for the warrant, the inspector must prepare an 8
information of the kind mentioned in section 131(2) that sets out the 9
grounds on which the issue of the warrant is sought. 10
(3) If it is necessary to do so, an inspector may apply for the warrant 11
before the information has been sworn. 12
(4) If the Magistrate-- 13
(a) after having considered the terms of the information; and 14
(b) after having received any further information that the Magistrate 15
requires about the grounds on which the issue of the warrant is 16
being sought; 17
is satisfied that there are reasonable grounds for issuing the warrant, the 18
Magistrate may, under section 131, complete and sign the warrant that the 19
Magistrate would issue under the section if the application had been made 20
under the section. 21
(5) If the Magistrate completes and signs the warrant, the Magistrate 22
must-- 23
(a) immediately send a copy of the warrant to the inspector by 24
facsimile; or 25
(b) if it is not reasonably practicable to do so-- 26
(i) tell the inspector what the terms of the warrant are; and 27
(ii) tell the inspector the day and time when the warrant was 28
signed; and 29
(iii) record on the warrant the reasons for granting the warrant. 30
(6) If the Magistrate takes the action mentioned in subsection (5)(b), the 31
inspector must-- 32
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(a) complete a form of warrant in the same terms as the warrant 1
completed and signed by the Magistrate; and 2
(b) write on the form of warrant-- 3
(i) the name of the Magistrate; and 4
(ii) the day and time when the Magistrate signed the warrant. 5
(7) The inspector must also send to the Magistrate-- 6
(a) the information mentioned in subsection (2), which must have 7
been properly sworn; and 8
(b) if a form of warrant was completed by the inspector under 9
subsection (6)--the completed form of warrant. 10
(8) A document mentioned in subsection (7) must be sent-- 11
(a) not later than the day after the day of expiry or execution of the 12
warrant (whichever is the earlier); or 13
(b) if it is not practicable to comply with paragraph (a)--as soon as 14
practicable after the day mentioned in the paragraph. 15
(9) When the Magistrate receives the documents mentioned in subsection 16
(7), the Magistrate must-- 17
(a) attach them to the warrant that the Magistrate completed and 18
signed; and 19
(b) deal with them in the way in which the Magistrate would have 20
dealt with the information if the application for the warrant had 21
been made under section 131. 22
(10) A facsimile copy of a warrant, or a form of warrant properly 23
completed by the inspector under subsection (6), is authority for any entry, 24
search, seizure or other exercise of a power that the warrant signed by the 25
Magistrate authorises. 26
(11) If-- 27
(a) it is material for a court to be satisfied that an entry, search, 28
seizure or other exercise of power was authorised by this section; 29
and 30
(b) the warrant completed and signed by the Magistrate authorising 31
the exercise of power is not produced in evidence; 32
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the court must assume, unless the contrary is proved, that the exercise of 1
power was not authorised by such a warrant. 2
may require name and address 3
Inspector
Clause133.(1) This section applies if an inspector-- 4
(a) finds a person committing an offence against this Act or a 5
contravention of a code of conduct; or 6
(b) finds a person who the inspector has reasonable grounds for 7
suspecting has committed an offence against this Act or has 8
contravened a code of conduct; or 9
(c) believes on reasonable grounds that the name and address of a 10
person is required for the purpose of the enforcement of this Act. 11
(2) The inspector may-- 12
(a) require the person to state the person's name and address; and 13
(b) if the inspector believes on reasonable grounds that the name or 14
address given by the person is false--require evidence of its 15
correctness. 16
(3) If the inspector makes a requirement under subsection (2), the 17
inspector must warn the person that it is an offence against this Act to fail, 18
without reasonable excuse, to comply with the requirement. 19
(4) A person who is required under subsection (2) to state the person's 20
name or address must not-- 21
(a) without reasonable excuse, fail to comply with the requirement; 22
or 23
(b) state a false name or address. 24
Maximum penalty--20 penalty units. 25
(5) A person who is required under subsection (2) to give evidence of the 26
correctness of a name or address must not-- 27
(a) without reasonable excuse, fail to give the evidence; or 28
(b) give false evidence. 29
Maximum penalty--20 penalty units. 30
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(6) If-- 1
(a) an inspector makes a requirement under subsection (2) on 2
suspicion of a person having committed an offence or having 3
contravened a code of conduct; and 4
(b) the person is not proved to have committed the offence or to have 5
contravened the code of conduct; 6
the person is not guilty of an offence against this section. 7
of seizure and compensation 8
Notice
An inspector who, in the exercise of a power under this Part, 9
Clause134.(1)
seizes or damages a thing must, as soon as practicable, give written notice 10
of the particulars of the seizure or damage. 11
(2) The notice must be given to-- 12
(a) for a seizure--the person from whom the thing was seized; or 13
(b) for damage--the person who appears to the inspector to be the 14
owner of the thing. 15
(3) A person who incurs any loss or expense-- 16
(a) because of the exercise or purported exercise of a power under 17
this Part; or 18
(b) in complying with a requirement made of the person under this 19
Part; 20
may claim compensation from the Council. 21
(4) A payment of compensation may be claimed and ordered-- 22
(a) in a proceeding for compensation brought in a court of competent 23
jurisdiction for the recovery of compensation; or 24
(b) during a proceeding for an offence against this Act brought 25
against the person by whom the claim is made. 26
(5) A court may order the payment of compensation for the loss or 27
expense only if it is satisfied that it is just to do so in the circumstances of 28
the particular case. 29
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offences in relation to inspectors 1
Other
Clause135.(1) A person must not, without reasonable excuse-- 2
(a) obstruct, hinder or resist; or 3
(b) attempt to obstruct, hinder or resist; 4
an inspector in the exercise of a power under this Act. 5
Maximum penalty--20 penalty units. 6
(2) A person must not pretend to be an inspector. 7
Maximum penalty--20 penalty units. 8
(3) A person must not-- 9
(a) make a statement to an inspector that the person knows is false or 10
misleading in a material particular; or 11
(b) omit from a statement made to an inspector anything without 12
which the statement is, to the person's knowledge, misleading in 13
a material particular. 14
Maximum penalty--20 penalty units. 15
(4) A complaint against a person for an offence against subsection (3)(a) 16
or (b) is sufficient if it states that the statement made was false or 17
misleading to the person's knowledge. 18
(5) A person must not give an inspector a document containing 19
information that the person knows is false, misleading or incomplete in a 20
material particular. 21
Maximum penalty--20 penalty units. 22
(6) Subsection (5) does not apply to a person if, when the person gives 23
the document to the inspector, the person-- 24
(a) indicates to the inspector that the document is false, misleading or 25
incomplete; and 26
(b) indicates the respect in which the document is false, misleading 27
or incomplete; and 28
(c) gives the correct information to the inspector if the person has, or 29
can reasonable obtain, the correct information. 30
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Division 3--Investigation of complaints relating to code of conduct 1
of inspectors 2
Powers
An inspector conducting an investigation under section 103 3
Clause136.(1)
has, for the purposes of the investigation, all the powers that an inspector 4
has under this Part in relation to an offence against this Act. 5
(2) This Part applies to the inspector as if a reference to an offence 6
against this Act were a reference to a contravention of a code of conduct. 7
PART 8--GENERAL 8
Division 1--Appeals 9
10
Appeals
Clause137.(1) This section applies to the following decisions and orders-- 11
(a) a decision of the Council-- 12
(i) to refuse a person's application-- 13
(A) to be registered as a registered nurse; or 14
(B) to be enrolled as an enrolled nurse; or 15
(C) to be authorised as a midwife; or 16
(D) to be otherwise authorised to practise nursing; or 17
(ii) to grant to a person limited registration or enrolment; or 18
(iii) on a review by the Council of limited registration or 19
enrolment; or 20
(iv) to refuse to renew a person's annual licence certificate; or 21
(v) to refuse to accredit a nursing course under this Act; or 22
(vi) to impose conditions on accreditation by the Council of a 23
nursing course under this Act; or 24
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(vii) to suspend a person's registration or enrolment; or 1
(viii)determining the payment of costs under section 66(3); 2
(b) any other decision of the Council or the executive officer (other 3
than a decision prescribed for the purposes of this paragraph); 4
(c) an order of the Committee. 5
(2) A person who is aggrieved by a decision or order to which this 6
section applies may appeal against the decision or order to a District Court 7
Judge. 8
(3) The appeal-- 9
(a) must be instituted-- 10
(i) within 28 days after the person receives notice of the 11
decision or order; and 12
(ii) by filing a notice of appeal in the appropriate registry of the 13
District Court; and 14
(iii) by complying with any rules of court applicable to the appeal; 15
and 16
(b) must be conducted in accordance with any rules of court 17
applicable to the appeal or, if the rules make no provision or 18
insufficient provision, in accordance with directions of a District 19
Court Judge; and 20
(c) is by way of rehearing on the material before the Council, the 21
executive officer or the Committee or, if the Judge hearing the 22
appeal so orders, on material submitted on the appeal, or on both. 23
(4) The Council is a party to the appeal. 24
(5) If the Judge hearing the appeal is of the opinion that the appeal 25
involves a question of special knowledge and skill, the Judge may appoint 1 26
or more assessors who in the Judge's opinion possess the special 27
qualifications necessary for the particular case to assist the Judge in the 28
determination. 29
(6) An assessor may advise the Judge on any matter, but all questions of 30
law and fact are to be determined by the Judge. 31
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(7) The Judge may give such weight to the advice as the Judge considers 1
appropriate. 2
(8) On the appeal, the Judge may make such orders as the Judge 3
considers just. 4
(9) If, on appeal, a Judge orders a penalty to be paid by an appellant, the 5
Judge is to order the penalty to be paid to the Council. 6
(10) If an appeal under this section is upheld, the Judge may order that 7
the costs of the appeal be paid by the Council. 8
(11) In this section-- 9
"decision" includes a failure to make a decision. 10
Division 2--Administration 11
of office to act honestly and with propriety 12
Holders
Clause138.(1) In this section-- 13
"person to whom this section applies" means a person who is, or has 14
been-- 15
(a) a member of the Council or a committee of the Council; or 16
(b) a member of the Committee; or 17
(c) an employee of the Council; or 18
(d) a person performing functions or exercising powers under, or for 19
the purposes of, this Act. 20
(2) A person to whom this section applies must at all times act honestly 21
in exercise of powers and performance of functions under, or for the 22
purposes of, this Act. 23
(3) A person to whom this section applies must not make improper use 24
of an office or position held under this Act-- 25
(a) to gain, directly or indirectly, an advantage for any person; or 26
(b) to cause detriment to the Council, a committee of the Council or 27
the Committee. 28
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(4) A person to whom this section applies must not make improper use 1
of information acquired under, or for the purposes of, this Act-- 2
(a) to gain, directly or indirectly, an advantage for any person; or 3
(b) to cause detriment to the Council, a committee of the Council or 4
the Committee. 5
Maximum penalty--100 penalty units, imprisonment for 6 months or both. 6
of documents and information 7
Confidentiality
Clause139.(1) In this section-- 8
"court" includes any tribunal, authority or person having power to require 9
the production of documents or the answering of questions; 10
"person to whom this section applies" means a person who is, or has 11
been-- 12
(a) a member of the Council or a committee of the Council; or 13
(b) a member of the Committee; or 14
(c) an employee of the Council; or 15
(d) a person performing functions or exercising powers under, or for 16
the purposes of, this Act; 17
"produce" includes permit access to; 18
"protected document" means a document that was made or obtained by a 19
person as a person to whom this section applies, and includes a 20
document seized, a copy of a document made, or an extract of a 21
document taken, under this Act; 22
"protected information" means information that was disclosed to, or 23
obtained by, a person as a person to whom this section applies. 24
(2) A person to whom this section applies must not-- 25
(a) make a copy of, or take an extract from, a protected document; or 26
(b) make a copy of protected information; or 27
(c) whether directly or indirectly, disclose or make use of a protected 28
document or protected information; 29
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unless the person does so-- 1
(d) in the performance of the person's functions or the exercise of the 2
person's powers under, or in relation to, this Act; or 3
(e) otherwise under or for the purposes of this Act. 4
Maximum penalty--100 penalty units, imprisonment for 6 months or both. 5
(3) A person to whom this section applies is not required-- 6
(a) to disclose protected information to a court; or 7
(b) to produce a protected document in court; 8
unless it is necessary to do so for the purpose of carrying this Act into 9
effect. 10
of information to Council 11
Supply
Clause140.(1) The Council may, by written notice, request a nurse, midwife 12
or another person authorised to practise nursing to supply to the Council 13
information relating to the person's biography, educational qualifications or 14
employment in nursing or midwifery. 15
(2) The Council may, by written notice, request-- 16
(a) a nursing student to supply to the Council, within a time specified 17
by the Council, relevant information relating to the student's 18
biography; or 19
(b) the person in charge of, or a person connected with the 20
management of, a school of nursing involved with nursing 21
courses to supply to the Council, within a time specified by the 22
Council, relevant information relating to the education of nurses. 23
(3) The Council may, by written notice, request the person in charge of, 24
or a person connected with the management of, a health service to supply to 25
the Council, within a time specified by the Council, relevant information 26
relating to nursing practice. 27
(4) A person who receives a request under subsection (1), (2) or (3) 28
must not, without reasonable excuse, fail to comply with the request. 29
Maximum penalty--5 penalty units. 30
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(5) A person is not required to supply information under this section if 1
supplying the information might tend to incriminate the person. 2
practices 3
Prohibited
A person must not knowingly take action, or knowingly 4
Clause141.(1)
assist another person to take action, that, having regard to the circumstances 5
in which it is taken, indicates, is capable of being understood to indicate, or 6
is calculated to lead persons to believe, that the person or other person is-- 7
(a) a registered nurse, unless the person or other person is a 8
registered nurse; or 9
(b) an enrolled nurse, unless the person or other person is an enrolled 10
nurse; or 11
(c) a midwife, unless the person or other person is authorised to 12
practise midwifery; or 13
(d) a person authorised to practise nursing, unless the person or other 14
person is authorised to practise nursing; or 15
(e) the holder of an annual licence certificate, unless the person or 16
other person holds an annual licence certificate. 17
Maximum penalty--20 penalty units. 18
(2) Action mentioned in subsection (1) may include, but is not limited to, 19
taking or using a name, initial, word, title or description. 20
nursing 21
Unauthorised
A person who is not a nurse, or a person authorised to 22
Clause142.(1)
practise nursing, must not practise as a nurse or perform a nursing service. 23
Maximum penalty--20 penalty units. 24
(2) A nurse or another person authorised to practise nursing must not 25
contravene a term, condition, limitation or restriction to which the person's 26
right to practise nursing is subject. 27
Maximum penalty--20 penalty units 28
(3) Subsections (1) and (2) do not apply to a person rendering assistance 29
in an emergency. 30
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(4) For the purposes of this section, a person who does not act for, or in 1
expectation of, a fee or reward does not practise as a nurse or perform a 2
nursing service. 3
(5) A person who does not have current authorisation from the Council 4
to practise as a midwife must not care for a woman in childbirth. 5
Maximum penalty--20 penalty units. 6
(6) Subsection (5) does not apply to-- 7
(a) a medical practitioner; or 8
(b) a medical or midwifery student acting under the direct 9
supervision of a medical practitioner or midwife respectively; or 10
(c) a person rendering assistance in an emergency; or 11
(d) a person acting in prescribed circumstances. 12
for falsifying Register or Roll etc. 13
Penalty
A person must not-- 14
Clause143.(1)
(a) make an entry in the Register or the Roll, or in any document 15
relating to the Register or the Roll, that the person knows is false; 16
or 17
(b) procure, or attempt to procure, the person or another person to be 18
registered, enrolled or authorised to practise nursing or midwifery 19
by making or producing a statement, declaration or representation 20
(whether orally or in writing) that the first person knows is false; 21
or 22
(c) represent that the person or another person is the person 23
mentioned in-- 24
(i) a certificate, document or writing presented to the Council; 25
or 26
(ii) a certificate or authorisation granted under this Act; 27
knowing that the representation is false; or 28
(d) advertise that the person or another person has obtained a 29
certificate under this Act, or is registered, enrolled or authorised 30
to practise midwifery or nursing under this Act, knowing that the 31
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advertisement is false. 1
Maximum penalty--100 penalty units, imprisonment for 6 months or both. 2
(2) On the conviction of a person under subsection (1) of having 3
procured the person to be registered or enrolled or authorised to practise 4
nursing or midwifery in a way that contravenes this section, the Council 5
may-- 6
(a) cancel the person's registration or enrolment; or 7
(b) revoke the person's authorisation to practise nursing or 8
midwifery. 9
and costs to Council 10
Penalties
All penalties and costs recovered in relation to offences against 11
Clause144.
this Act are to be paid to the Council. 12
generally 13
Proceedings
An offence against this Act may be prosecuted in a summary 14
Clause145.(1)
way under the Justices Act 1886. 15
(2) All fees and costs payable to the Council under this Act, and all 16
penalties ordered by the Council or the Committee to be paid to the Council 17
under this Act, are debts due to the Council. 18
19
Evidence
In a proceeding by or on behalf of the Council, it is not 20
Clause146.(1)
necessary to prove the appointment of the members or the executive officer. 21
(2) A document purporting to be certified by the executive officer to be a 22
true copy of, or a true extract from, a register, roll or document in the 23
Council's custody is, for all purposes, evidence of the original of which it 24
purports to be a copy of, or extract from, and is admissible in evidence to 25
the same extent as the original. 26
(3) A certificate purporting to be signed by the executive officer stating 27
that a person was or was not on a specified day, or during a specified 28
period, registered or enrolled, or authorised to practise nursing or 29
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midwifery, is evidence in all proceedings of the matters stated in the 1
certificate. 2
3
Indemnity
A person does not incur civil liability for an act or omission 4
Clause147.(1)
done or omitted to be done honestly and without negligence under, or for 5
the purposes of, this Act. 6
(2) A liability that would, but for subsection (1), attach to the person 7
attaches instead to the Council. 8
9
Regulations
The Governor in Council may make regulations for the 10
Clause148.
purposes of this Act. 11
ART 9--SAVINGS, TRANSITIONAL AND SPECIAL 12
P
ARRANGEMENTS 13
Division 1--Interpretation 14
15
Definitions
In this Part-- 16
Clause149.
"appointed day" means the day fixed by proclamation for the 17
commencement of Part 2; 18
"Board inquiry" means an inquiry by the Nurses Registration Board 19
under section 31 of the Nursing Act 1976; 20
"Board of Nursing Studies" means the Board of Nursing Studies 21
constituted under the Nursing Studies Act 1976; 22
"dissolved Boards" means the Boards that go out of existence under 23
section 150; 24
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"nominated day" means the day 3 months after the appointed day; 1
"Nurses Registration Board" means the Nurses Registration Board 2
constituted under the Nursing Act 1976. 3
Division 2--Dissolution provisions 4
of Boards 5
Dissolution
On the appointed day, the Board of Nursing Studies and the 6
Clause150.(1)
Nurses Registration Board go out of existence and the respective members 7
of the Boards go out of office. 8
(2) The vacation of office of members of the dissolved Boards does not 9
give rise to a right to compensation. 10
Division 3--Provisions concerning officers of dissolved Boards 11
personnel of dissolved Boards become initial personnel of 12
Certain
Council 13
On and from the appointed day, each person who holds 14
Clause151.(1)
office or is employed immediately before that day as-- 15
(a) chairperson of the Board of Nursing Studies under section 7 of 16
the Nursing Studies Act 1976; or 17
(b) an officer or inspector, or member of the professional or clerical 18
staff, of the Board of Nursing Studies under section 19 of the 19
Nursing Studies Act 1976; or 20
(c) a member of the staff of the Nurses Registration Board under 21
section 19 of the Nursing Act 1976; 22
is taken to be an officer of the department whose services have been granted 23
to the Council to perform functions for the Council. 24
(2) On and from the appointed day, each person who is employed on 25
secondment with the Board of Nursing Studies or the Nurses Registration 26
Board immediately before that day is taken to be employed on secondment 27
with the Council to perform functions for the Council. 28
87
Nursing
conditions of dissolved Board personnel 1
Employment
A person who is performing functions for the Council 2
Clause152.(1)
because of section 151-- 3
(a) is to be paid a salary at a rate not less than appropriate to the 4
salary classification on which the person was employed in the 5
public service immediately before the appointed day; and 6
(b) is to be employed in all other respects subject to such conditions 7
of employment as are prescribed in respect of officers of the 8
public service performing similar duties; 9
until, if the person has not elected under section 154 to continue to be an 10
officer of the public service, the salary is, or conditions are, determined by 11
the Council or by an applicable industrial award or industrial agreement, for 12
an officer of the Council performing similar functions. 13
(2) Salaries, wages and other payments payable in relation to persons 14
mentioned in subsection (1) are to be paid out of the funds of the Council. 15
of dissolved Board staff 16
Status
While a person mentioned in section 151(1) performs the 17
Clause153.
functions of an officer of the Council as an officer of the department or on 18
secondment, the person-- 19
(a) for the purposes of any provision of the Public Service 20
Management and Employment Act 1988 that confers or regulates 21
a right of appeal against promotion, continues to be an officer of 22
the department for the period of the person's service with the 23
Council on the classification that the person held immediately 24
before the appointed day; and 25
(b) despite paragraph (a), is subject to the control and direction of the 26
Council as if the person were an employee of the Council. 27
of dissolved Boards may elect to return to public service 28
Officers
positions 29
At any time during the period starting on the appointed day and 30
Clause154.
ending on the start of the nominated day, an officer of the public service 31
who-- 32
88
Nursing
(a) has continuously performed the functions of an officer of the 1
Council since the appointed day; and 2
(b) immediately before the appointed day was an officer of the public 3
service employed as an officer of, or on secondment with, the 4
Board of Nursing Studies or the Nurses Registration Board; 5
may, by written notice given to the chief executive of the department, elect 6
to continue to be an officer of the public service and, as soon as can 7
practicably be arranged, the officer is to be redeployed to another position in 8
the public service and accorded a classification and emoluments at least 9
equal to those held by the officer immediately before the appointed day. 10
may supply deficiency 11
Regulations
The power to make regulations under section 148 includes 12
Clause155.
power to make regulations prescribing in relation to any matter for which-- 13
(a) it becomes necessary or convenient to prescribe to facilitate the 14
transition under this Part of officers, inspectors and other 15
employees of the Board of Nursing Studies and of the Nurses 16
Registration Board to positions as employees of the Council or 17
positions in the public service; and 18
(b) this Part does not make provision or sufficient provision. 19
officers of dissolved Boards become Council officers 20
Certain
On and from the nominated day, officers mentioned in 21
Clause156.(1)
section 151(1) who have continuously performed the functions of officers 22
of the Council since the appointed day (other than officers who elect to 23
continue to be officers of the public service under section 154) cease to be 24
officers of the public service and become employees of the Council on 25
conditions of employment determined under section 39, and cease to be 26
employed under the Public Service Management and Employment Act 27
1988. 28
(2) A person who, under subsection (1), becomes an officer of the 29
Council retains and may claim against the Council, for as long as the person 30
continues in employment as an officer of the Council in a permanent 31
capacity, all leave entitlements that have accrued to the person as an officer 32
89
Nursing
of the department. 1
(3) For the purpose of the accrual of long service leave, the person's 2
service with the Council and as an officer of the department is taken to be 3
continuous service as an officer of the Council. 4
4--Transfer of assets and liabilities from dissolved Boards 5
Division
relating to the dissolved Boards 6
Provisions
All property that immediately before the appointed day is 7
Clause157.(1)
held by or vested in either of the dissolved Boards is, on that day, divested 8
from the Board and vests in the Council. 9
(2) The Registrar of Titles and all other persons charged with keeping 10
registers with respect to dealings with property are, on request made by or 11
on behalf of the Council, to make in the registers all entries necessary to 12
record the change in the ownership of the property under this section. 13
(3) Despite any enactment, a request made for the purposes of subsection 14
(2) is not liable to stamp duty and no fees are payable on the request. 15
(4) If property vested in the Council by subsection (1) is subject to a 16
condition or trust, the property is to be held by or for the benefit of the 17
Council subject to the condition or trust on which it was held immediately 18
before the vesting. 19
(5) A reference in the condition or trust to either of the dissolved Boards 20
concerned is, on and from the appointed day, a reference to the Council. 21
(6) All rights accruing or accrued to each of the dissolved Boards in 22
relation to property vested in the Council under subsection (1) are vested in 23
and may be enforced by the Council. 24
(7) Liabilities of each of the dissolved Boards in relation to property 25
vested in the Council under subsection (1) may be enforced against the 26
Council. 27
(8) All proceedings, and all causes of action, pending or existing 28
immediately before the appointed day by or against either of the dissolved 29
Boards may be carried on and prosecuted by or against the Council. 30
(9) All leases, contracts, agreements and undertakings entered into with, 31
90
Nursing
and all securities lawfully given to or by, either of the dissolved Boards and 1
that exist on the appointed day are taken to be leases, contracts, agreements 2
and undertakings entered into with, and securities given to or by, the 3
Council. 4
(10) All other matters started by each of the dissolved Boards in the 5
performance of its functions and remaining incomplete on the appointed 6
day may be continued by the Council. 7
5--Disciplinary matters 8
Division
to which transitional arrangements apply 9
Matters
If-- 10
Clause158.(1)
(a) before the appointed day, a Board inquiry could have been started 11
in relation to a matter; and 12
(b) the inquiry was not started; 13
the matter may be dealt with under section 159. 14
(2) If-- 15
(a) a Board inquiry was started in relation to a matter; and 16
(b) the inquiry was not finalised before the appointed day; 17
the matter may be dealt with under section 159. 18
(3) If-- 19
(a) a matter arises under this Act before a code of conduct is in force; 20
and 21
(b) the matter is a matter in relation to which (if it had arisen under 22
the Nursing Act 1976) a Board inquiry could have been started; 23
the matter may be dealt with under section 159. 24
matters are to be dealt with 25
How
A matter mentioned in section 158 may be dealt with by the 26
Clause159.(1)
Committee as if the matter had been referred to it by the Council for hearing 27
and determination following the preferring of a charge against a person 28
91
Nursing
alleging a contravention of a code of conduct. 1
(2) If, on the hearing of a matter, the Committee is satisfied that the 2
matter is one in which action could have been taken under section 31(6) of 3
the Nursing Act 1976 if the matter had been determined by a Board inquiry, 4
the Committee may take the same action in the matter as if a contravention 5
of a code of conduct had been proved. 6
6--Transitional provisions concerning registration, enrolment 7
Division
and courses 8
of existing registrations, enrolments and courses 9
Transfer
A person who, immediately before the appointed day, was 10
Clause160.(1)
registered under the Nursing Act 1976 as a registered nurse (other than a 11
person who was registered only in the midwifery branch of the register) is, 12
on the appointed day, taken to be registered under this Act as a registered 13
nurse. 14
(2) A person who, immediately before the appointed day, was enrolled 15
under the Nursing Act 1976 as an enrolled nurse is, on the appointed day, 16
taken to be enrolled under this Act as an enrolled nurse. 17
(3) A person who, immediately before the appointed day, was registered 18
under the Nursing Act 1976 as a registered nurse in the midwifery branch of 19
the register only is, on the appointed day, taken to be authorised under this 20
Act to practise midwifery. 21
(4) A certificate of registration issued under the Nursing Act 1976 to a 22
person to whom subsection (1) applies is taken to be a certificate of 23
registration issued under this Act. 24
(5) A certificate of enrolment issued under the Nursing Act 1976 to a 25
person to whom subsection (2) applies is taken to be a certificate of 26
enrolment issued under this Act. 27
(6) An annual practising certificate issued under the Nursing Act 1976 to 28
a person to whom subsection (1), (2) or (3) applies-- 29
(a) is taken to be an annual licence certificate issued under this Act; 30
and 31
(b) subject to this Act, remains in force for the remainder of the 32
92
Nursing
period for which the practising certificate was issued. 1
(7) An application for registration or enrolment made under the Nursing 2
Act 1976 and not disposed of under that Act may be disposed of by the 3
Council as if it were an application for registration or enrolment under this 4
Act. 5
(8) All courses of study that, immediately before the appointed day, are 6
approved courses under the Nursing Studies Act 1976 are accredited nursing 7
courses for the purposes of this Act and subject to the same conditions and 8
recommendations and the same expiry date as applied under the Nursing 9
Studies Act 1976. 10
who are both registered nurses and enrolled nurses 11
Persons
This section applies to a person if, immediately before the 12
Clause161.(1)
appointed day, the person was both a registered nurse, and an enrolled 13
nurse, within the meaning of the Nursing Act 1976. 14
(2) The executive officer must notify the person in writing that the person 15
may elect, by written notice given to the executive officer within the period 16
(not less than 21 days after the notification is given to the person) specified 17
in the notice, either-- 18
(a) to be registered under this Act as a registered nurse; or 19
(b) to be enrolled under this Act as an enrolled nurse. 20
(3) The notice must advise the person of the consequences of failure to 21
make the election. 22
(4) If the person makes an election in accordance with the notice given to 23
the person, the Council must give effect to the election by cancelling the 24
person's registration or enrolment. 25
(5) If the person fails to make an election in accordance with the notice 26
given to the person, the Council must, having regard to the person's 27
qualifications and current employment, cancel the person's registration or 28
enrolment. 29
(6) The Council must-- 30
(a) advise the person in writing of the action taken under subsection 31
(5); and 32
93
Nursing
(b) refund an appropriate part of the annual licence fee paid in relation 1
to the cancelled registration or enrolment. 2
Division 7--Repeals and amendments 3
4
Repeals
Clause162. The Acts specified in Schedule 1 are repealed. 5
Acts 6
Amended
Each Act specified in Schedule 2 is amended as set out in the 7
Clause163.
Schedule. 8
94
Nursing
CHEDULE 1 1
¡S
REPEAL OF ACTS 2
section 162 3
Nursing Studies Act 1976 4
Nursing Act 1976 5
Nursing Studies Act Amendment Act 1978 6
Nursing Act Amendment Act 1979 7
95
Nursing
CHEDULE 2 1
¡S
AMENDMENT OF ACTS 2
section 163 3
CTS INTERPRETATION ACT 1954 4
´A
1. After section 25(1)(b)-- 5
insert-- 6
`(c) the power also includes power to reappoint a person to the office 7
if the person is eligible to be appointed to the office.'. 8
2. After section 25-- 9
insert-- 10
`Appointment not affected by defect etc. 11
`26. The appointment of a person to an office, to act in an office, to 12
exercise a power or to do anything else is not invalid merely because of a 13
defect or irregularity in relation to the appointment.'. 14
3. Section 36-- 15
insert-- 16
` "indictable offence" includes an act or omission committed outside 17
Queensland that would be an indictable offence if it were committed in 18
Queensland; 19
"medical practitioner" has the meaning given by section 4 of the Medical 20
Act 1939;'. 21
96
Nursing
SCHEDULE 2 (continued)
EALTH ACT 1937 1
´H
1. Section 5 (definition "medical practitioner")-- 2
omit. 3
2. Section 63 (definition "Registered nurse")-- 4
omit, insert-- 5
` "registered nurse" means a nurse registered under the Nursing Act 6
1992.'. 7
3. Section 66 (words before proviso)-- 8
number as subsection (1). 9
4. Section 66 (proviso, paragraphs (a) and (b))-- 10
omit `nurse who is registered as a general nurse pursuant to the 11
provisions of the Nursing Act 1976-1979', 12
insert `registered nurse'. 13
5. Section 66 (proviso, paragraphs (c) and (d))-- 14
omit `nurse who is registered as a midwifery nurse pursuant to the 15
provisions of the Nursing Act 1976-1979', 16
insert `person who is authorised under the Nursing Act 1992 to practise 17
midwifery.'. 18
6. Section 66 (proviso, paragraphs (e) and (f))-- 19
omit `nurse who is registered as a psychiatric nurse pursuant to the 20
provisions of the Nursing Act 1976-1979' (wherever occurring), 21
97
Nursing
SCHEDULE 2 (continued)
insert `registered nurse who is authorised under the Nursing Act 1992 to 1
practise psychiatric nursing'. 2
7. Section 66 (proviso, paragraphs (g) and (h))-- 3
omit `nurse who is registered as a child welfare nurse pursuant to the 4
provisions of the Nursing Act 1976-1979', 5
insert `registered nurse'. 6
8. Section 66 (proviso)-- 7
number as subsection (2). 8
9. Section 66 (further proviso)-- 9
omit, insert-- 10
`(3) However, in the case of a combined general private and maternity 11
hospital-- 12
(a) if the nurse who is the holder of the licence, or the person 13
employed in charge, is not authorised under the Nursing Act 1992 14
to practice midwifery--there must be employed in the hospital a 15
person who is so authorised while maternity cases are being 16
treated in the hospital; and 17
(b) if the nurse who is the holder of the licence, or the person 18
employed in charge, is not a registered nurse--there must be 19
employed in the hospital a registered nurse while medical or 20
surgical cases (other than cases of mental illness) are being 21
treated at the hospital; and 22
(c) if the nurse who is the holder of the licence, or the person 23
employed in charge, is not authorised under the Nursing Act 1992 24
to practice psychiatric nursing--there must be employed in the 25
hospital a person who is so authorised while cases of mental 26
illness are being treated at the hospital.'. 27
98
Nursing
SCHEDULE 2 (continued)
10. Section 66 (last sentence)-- 1
number as subsection (4). 2
11. Section 76A-- 3
omit. 4
12. Section 76B (definition "Registered nurse")-- 5
omit, insert-- 6
` "registered nurse" means a nurse registered under the Nursing Act 7
1992.'. 8
EALTH RIGHTS COMMISSION ACT 1991 9
´H
1. Schedule 2, section 3 (item 5)-- 10
omit, insert-- 11
`5. Queensland Nursing Council'. 12
MEDICAL ACT AND OTHER ACTS 13
´
(ADMINISTRATION) ACT 1966 14
1. Long title-- 15
omit `The Nurses Act of 1964'. 16
99
Nursing
SCHEDULE 2 (continued)
2. Section 4-- 1
omit `The Nurses Registration Board of Queensland constituted under 2
the Nursing Act 1976;'. 3
3. Section 6(1)(a)-- 4
omit `and in the case of the Nurses Board of Queensland the registrar of 5
such Board'. 6
4. Section 14(1)(i)-- 7
omit `Nursing,'. 8
URSING STUDIES ACT AND OTHER ACTS 9
´N
AMENDMENT ACT 1984 10
1. Parts 2 and 8-- 11
omit. 12
MEDICAL AND PARAMEDICAL (AMENDMENT OF 13
´
INSPECTORIAL AND AUDIT PROVISIONS) ACT 14
1987 15
1. Part 7-- 16
omit. 17
© State of Queensland 1992
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