Victorian Repealed Acts Victorian Repealed ActsThis legislation has been repealed.
Act No. 111/1993
Version incorporating amendments as at 11 October 2006
TABLE OF PROVISIONS
Section Page
PART 1-PRELIMINARY
1. Purposes
2. Commencement
3. Definitions
PART 2-REGISTRATION
Division 1-Procedure for Obtaining Registration
4. Repealed
5. Application for registration
6. Qualifications for registration
7. Registration
8. Restricted registration
8A. Notation
8B. Endorsement of registration for nurse practitioners
8C. Endorsement of registration-medication administration by division 2 nurses
9. Conditions, limitations or restrictions on registration or endorsement
10. Entitlement of applicant to make submissions
11. Notification of outcome of application
12. Duration and renewal of registration
13. Application for renewal of registration or endorsement
13A. Restoration of name to register
14. Refusal to renew registration or endorsement
14A. Special qualifications or training
15. Effect of suspension of registration or endorsement
16. Withdrawal of registration or endorsement
Division 2-Other requirements
17. The Register
18. Certificates
19. Use of certificate as evidence
19A. Provision of information
PART 3-INVESTIGATIONS INTO REGISTERED NURSES
Division 1-Preliminary investigation into professional conduct
20. Complaints about nurses
21. When complaints are to be investigated by Health Services Commissioner
21A. Board may deal with health records complaint
22. When complaints about professional conduct are to be investigated by the Board
23. Outcome of preliminary investigation
24. Investigations and hearings on the Board's motion
25. Suspension of registration or endorsement
Division 2-Preliminary investigation into the health of registered nurses
26. Commencement of preliminary investigation
27. Notification to nurse
28. Medical examination
29. Reports
30. Outcome of preliminary investigation
31. Referral to formal hearing
32. Request for conditions limitations or restrictions
33. Repealed
34. Immediate suspension of registration or endorsement
35. Requirement to notify the Board of change of address
36. Immunity from liability
Division 3-Formal and Informal Hearings
37. Establishment and notification of an informal hearing
38. Constitution of a panel for an informal hearing
39. Notice of an informal hearing
40. Conduct of an informal hearing
41. Findings and determinations of an informal hearing
42. Change of informal to formal hearing during the course of the hearing
43. Request for formal hearing at the end of informal hearing
44. Establishment and notification of formal hearing
45. Constitution of a hearing panel for a formal hearing
46. Notice of a formal hearing
47. Conduct of a formal hearing
48. Findings and determinations of a formal hearing into conduct
49. Findings and determinations of a formal hearing into ability to practise
Division 4-General Provisions relating to Investigations
49A. Investigation may continue even if person no longer registered
49B. Employees of the Board
49C. Agreements to amend, vary or revoke conditions or revoke suspensions
50. Procedure at formal and informal hearings
51. Powers of panel conducting a formal hearing
52. Determinations
53. Removal of suspension, condition, limitation or restriction
54. Reasons for determinations of panel
55. Notification of determinations
56. Notification of complainant
56A. Offence to disclose information identifying complainant
57. Terms and conditions of appointment of panel members
PART 4-REVIEW BY VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
58. Review by Victorian Civil and Administrative Tribunal
59. Notification
PART 5-OFFENCES AND RELATED PROVISIONS
60. Claims by persons as to registration
61. Effect of registration in Division 1.
62. Claims as to additional qualifications
62A. Fraud, forgery and false representation
63. Offence to provide unregistered nurses
63AA. Offence of directing or inciting unprofessional conduct
63A. Prohibition against directing or inciting unprofessional
conduct
63B. Extended concept of arranging the supply of services
63C. Convicted offenders may be prohibited from carrying on
business
63D. Offence of carrying on business or practice while prohibited
63E. Effect of appeal against conviction
63F. Power to require information from convicted persons and
others
63G. Meaning of management role and substantial interest
63H. Register of prohibitions
63I. Evidentiary certificate
63J. Secretary to notify Board of prohibitions
64. Offence by bodies corporate
64A. Advertising
64B. Advertising guidelines
64C. Power of the courts to require corrective advertising
64D. Exemptions
64E. Extension of time
PART 6-ADMINISTRATION
Division 1-The Board
65. Establishment of Board
66. Powers, functions and consultation requirements
67. Membership of the Board
68. Terms of office
69. Resignation and Removal
70. President and Deputy President
71. Acting member
72. Payment of members
73. Procedure of Board
74. Effect of vacancy or defect
75. Member's pecuniary interest
75A. Resolutions without meetings
75B. Approved methods of communication for Board
76. Immunity
77. Staff
78. Delegation
Division 2-Advisory Committees
79. Establishment of committees
80. Membership of committees
81. Payment of members
PART 7-FINANCIAL PROVISIONS
82. Nurses Board Fund
83. Investment powers
84-86. Repealed
PART 8-ENFORCEMENT AND SUPPLEMENTARY POWERS
87. Proceedings for offences
88. Identification
88A. Powers of entry with warrant
88B. Announcement before entry
88C. Copy of warrant to be given to occupier
88D. Copies or receipts to be given
89. Offence to obstruct a person executing a warrant
90. Power of Board to accredit courses, approve education programs and conduct examinations
91. Powers of Board in relation to fees
PART 9-REGULATIONS
92. Supreme Court-Limitation of jurisdiction
93. Regulations
PART 10-SAVINGS AND TRANSITIONAL
94. Definitions
95. Repeals
96. Continuation in office of members of Council
97. Board succeeds Council
98. Proceedings before the Council
98A. Application of this Act to conduct occurring before the commencement of this Act
99. Existing registrations
100. Temporary saving of statutory rules
101. References
102. Further transitional provisions
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details