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This is a Bill, not an Act. For current law, see the Acts databases.
Safe Patient Care (Nurse to Patient and Midwife to
Patient Ratios) Amendment Act 2020
No. of 2020
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
Part 2--Amendment of Safe Patient Care (Nurse to Patient and
Midwife to Patient Ratios) Act 2015 3
3 Principal Act--Part 2 3
4 Definitions 3
5 Application of ratios in small hospitals 3
6 Rounding method 4
7 Ratio for mixed wards 5
8 Level 1 hospitals 6
9 Level 2 hospitals 6
10 Level 3 hospitals 6
11 Rehabilitation and geriatric evaluation management 6
12 Special care nurseries 7
13 Birthing suites 7
14 Postnatal wards 8
15 Level 1, 2 and 3 hospitals 8
Part 3--Amendment of Child Wellbeing and Safety Act 2005 9
16 New Part 7B inserted 9
17 New section 46ZD inserted 10
Part 4--Repeal of this Act 12
18 Repeal of this Act 12
═════════════
Endnotes 13
1 General information 13
i
Safe Patient Care (Nurse to Patient and
Midwife to Patient Ratios) Amendment
Act 2020
No. of 2020
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The main purposes of this Act are--
(a) to amend the Safe Patient Care (Nurse to
Patient and Midwife to Patient Ratios)
Act 2015--
1
Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios)
Amendment Act 2020
No. of 2020
Part 1--Preliminary
(i) to amend the rounding method used
when determining staffing
requirements; and
(ii) to amend certain nurse to patient and
midwife to patient ratios on specified
shifts in certain wards; and
(iii) to reclassify Warrnambool Base
Hospital as a level 2 hospital; and
(b) to amend the Child Wellbeing and Safety
Act 2005 to require providers of certain
maternal and child health services to employ
or engage nurses for those services only if
the nurses have prescribed maternal and
child health nursing qualifications.
2 Commencement
(1) Subject to subsections (2), (3), (4) and (5), this
Act comes into operation on a day or days to be
proclaimed.
(2) Part 1 and sections 8, 9, 10, 11 and 14 of this Act
come into operation on the day after the day on
which this Act receives the Royal Assent.
(3) Section 6 of this Act comes into operation on
1 March 2021.
(4) Sections 4, 5, 7, 12, 13 and 15 of this Act come
into operation on 1 July 2022.
(5) If a provision of this Act (other than Part 1 and
sections 4 to 15) does not come into operation
before the day that is the anniversary of the day on
which this Act receives the Royal Assent, it comes
into operation on that day.
2
Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios)
Amendment Act 2020
No. of 2020
Part 2--Amendment of Safe Patient Care (Nurse to Patient and Midwife to
Patient Ratios) Act 2015
Part 2--Amendment of Safe Patient Care
(Nurse to Patient and Midwife to Patient
Ratios) Act 2015
3 Principal Act--Part 2
In this Part, the Safe Patient Care (Nurse to
Patient and Midwife to Patient Ratios)
Act 2015 is called the Principal Act.
4 Definitions
(1) For paragraph (b) of the definition of general
medical or surgical ward in section 3 of the
Principal Act substitute--
"(b) a short stay observation area;".
(2) Insert the following definition in section 3 of the
Principal Act--
"short stay observation area means an area of a
hospital into which patients admitted to the
emergency department are transferred for the
provision of short-term treatment,
observation, assessment or reassessment
when they no longer require emergency
care;".
5 Application of ratios in small hospitals
(1) In section 10(1)(b) of the Principal Act, for
"(who is not supernumerary)" substitute
"(who, unless subsection (3) applies, is not
supernumerary)".
(2) For section 10(2) of the Principal Act
substitute--
"(2) Despite anything to the contrary in a ratio
applying to a level 4 hospital with only
2 wards, the operator of a hospital with only
2 wards must staff the hospital with
one After Hours Coordinator or equivalent
3
Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios)
Amendment Act 2020
No. of 2020
Part 2--Amendment of Safe Patient Care (Nurse to Patient and Midwife to
Patient Ratios) Act 2015
position (who, unless subsection (3) applies,
is not supernumerary) during all off-duty
periods of the Director of Nursing or
Director of Midwifery.
(3) Despite anything to the contrary in a ratio
applying to a level 4 hospital with one or
2 wards, the operator of a hospital with
one or 2 wards must count the After Hours
Coordinator in addition to any ratio that
applies if the hospital has either or both of
the following--
(a) an emergency department that has had
at least 2500 annual presentations in the
12 months immediately preceding the
day on which the ratio is being applied;
(b) a nominated birthing suite within the
meaning of section 31.".
6 Rounding method
(1) After section 12(1)(c)(i)(C) of the Principal Act
insert--
"(D) an acute stroke ward;
(E) a haematology ward;
(F) an oncology ward;".
(2) After section 12(1)(c)(i) of the Principal Act
insert--
"(ia) on the afternoon shift in all hospitals--
(A) an acute stroke ward;
(B) a haematology ward;
(C) an oncology ward;".
4
Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios)
Amendment Act 2020
No. of 2020
Part 2--Amendment of Safe Patient Care (Nurse to Patient and Midwife to
Patient Ratios) Act 2015
(3) After section 12(1)(c)(v)(E) of the Principal Act
insert--
"(F) an acute stroke ward;
(G) a haematology ward;
(H) an oncology ward;".
(4) After section 12(1)(d) of the Principal Act
insert--
"(da) on and from 1 July 2022--
(i) on the afternoon shift in an aged high
care residential ward in all hospitals;
(ii) on the night shift in a rehabilitation bed
in all hospitals;".
(5) In section 12(1)(e)(v) of the Principal Act, for
"suite." substitute "suite;".
(6) After section 12(1)(e) of the Principal Act
insert--
"(f) on and from 1 July 2023, on the morning
shift in an aged high care residential ward in
all hospitals.".
7 Ratio for mixed wards
After section 12A(6) of the Principal Act insert--
"(6A) Subsections (6) and (7)(b) do not apply, in
relation to night shifts, to a short stay
observation area if--
(a) the short stay observation area is
co-located with an emergency
department in a hospital specified in
Part 1 of Schedule 3; and
(b) the total number of occupied beds in
the short stay observation area and
emergency department is 30 or more.".
5
Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios)
Amendment Act 2020
No. of 2020
Part 2--Amendment of Safe Patient Care (Nurse to Patient and Midwife to
Patient Ratios) Act 2015
8 Level 1 hospitals
For section 15(b) of the Principal Act
substitute--
"(b) on the night shift--
(i) one nurse for every 8 patients; and
(ii) on and from 1 July 2021, one nurse in
charge.".
9 Level 2 hospitals
For section 16(c) of the Principal Act
substitute--
"(c) on the night shift--
(i) one nurse for every 8 patients; and
(ii) on and from 1 July 2022, one nurse in
charge.".
10 Level 3 hospitals
For section 17(c) of the Principal Act
substitute--
"(c) on the night shift--
(i) one nurse for every 10 patients; and
(ii) on and from 1 July 2023, one nurse in
charge.".
11 Rehabilitation and geriatric evaluation management
For section 24(2)(c) of the Principal Act
substitute--
"(c) on the night shift--
(i) one nurse for every 10 patients; and
(ii) on and from 1 July 2023, one nurse in
charge.".
6
Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios)
Amendment Act 2020
No. of 2020
Part 2--Amendment of Safe Patient Care (Nurse to Patient and Midwife to
Patient Ratios) Act 2015
12 Special care nurseries
(1) In section 27(1)(b) of the Principal Act--
(a) in subparagraph (ii)(B), after "midwife;"
insert "and";
(b) after subparagraph (ii)(B) insert--
"(C) a nurse in charge or a midwife in
charge;".
(2) For section 27(1)(c)(ii) of the Principal Act
substitute--
"(ii) on the night shift--
(A) 3 persons, each being either a nurse or a
midwife; and
(B) a nurse in charge or a midwife in
charge;".
(3) In section 27(1)(d) of the Principal Act--
(a) in subparagraph (ii)(B), for "midwife."
substitute "midwife; and";
(b) after subparagraph (ii)(B) insert--
"(C) a nurse in charge or a midwife in
charge.".
13 Birthing suites
For section 31(1)(b) of the Principal Act
substitute--
"(b) in the case of a hospital with 6 or more
nominated birthing suites--
(i) on the morning shift, a midwife in
charge is provided; and
(ii) on and from 1 July 2023, a midwife in
charge is provided on the afternoon
shift; and
7
Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios)
Amendment Act 2020
No. of 2020
Part 2--Amendment of Safe Patient Care (Nurse to Patient and Midwife to
Patient Ratios) Act 2015
(iii) a midwife in charge is provided on the
night shift.".
14 Postnatal wards
For section 31A(1)(b) of the Principal Act
substitute--
"(b) on the night shift--
(i) one midwife or nurse for every
6 patients; and
(ii) on and from 1 July 2022, one midwife
in charge or nurse in charge.".
15 Level 1, 2 and 3 hospitals
(1) In Part 2 of Schedule 1 to the Principal Act, after
"The Royal Women's Hospital" insert
"Warrnambool Base Hospital".
(2) In Part 3 of Schedule 1 to the Principal Act omit
"Warrnambool Base Hospital".
8
Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios)
Amendment Act 2020
No. of 2020
Part 3--Amendment of Child Wellbeing and Safety Act 2005
Part 3--Amendment of Child Wellbeing and
Safety Act 2005
16 New Part 7B inserted
After Part 7A of the Child Wellbeing and Safety
Act 2005 insert--
"Part 7B--Qualifications required
for maternal and child health
nurses
46ZAA Maternal and Child Health Centres
The operator of a Maternal and Child Health
Centre must not employ or engage a nurse to
provide a prescribed maternal and child
health nursing service unless the nurse has--
(a) a prescribed specialist maternal and
child health nursing qualification; or
(b) a qualification that is substantially
equivalent, as determined by the
regulations, to a prescribed specialist
maternal and child health nursing
qualification.
46ZAB State-wide telephone services
A person who operates a state-wide
telephone advice service that provides
maternal and child health advice must not
employ or engage a nurse to provide a
prescribed maternal and child health nursing
service unless the nurse has--
(a) a prescribed specialist maternal and
child health nursing qualification; or
(b) a qualification that is substantially
equivalent, as determined by the
regulations, to be a prescribed specialist
9
Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios)
Amendment Act 2020
No. of 2020
Part 3--Amendment of Child Wellbeing and Safety Act 2005
maternal and child health nursing
qualification.
46ZAC Part not to affect employment contracts or
workplace instruments
Nothing in this Part is intended to constitute
a term of or to alter or vary, or authorise or
require the alteration or variation of--
(a) any employment contract; or
(b) any workplace instrument within the
meaning of the Fair Work Act 2009 of
the Commonwealth.".
17 New section 46ZD inserted
After section 46ZC of the Child Wellbeing and
Safety Act 2005 insert--
"46ZD Maternal and child health nurse
regulation making power
(1) The Governor in Council may make
regulations for or with respect to any matter
or thing required or permitted by this Act to
be prescribed or necessary to be prescribed
to give effect to Part 7B.
(2) Without limiting subsection (1), the
Governor in Council may make regulations
for or with respect to--
(a) prescribing a service to be a maternal
and child health nursing service; and
(b) prescribing a qualification to be a
specialist maternal and child health
nursing qualification; and
(c) providing for processes or requirements
to determine whether a qualification is
substantially equivalent to a prescribed
specialist maternal and child health
nursing qualification.
10
Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios)
Amendment Act 2020
No. of 2020
Part 3--Amendment of Child Wellbeing and Safety Act 2005
(3) The regulations--
(a) may be of general or limited
application; and
(b) may differ according to differences in
time, place or circumstances; and
(c) may confer a discretionary authority or
impose a duty on a specified person or
body or a specified class of persons or
bodies; and
(d) may leave any matter or thing to be
from time to time determined, applied,
dispensed with or regulated by a
specified person.".
11
Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios)
Amendment Act 2020
No. of 2020
Part 4--Repeal of this Act
Part 4--Repeal of this Act
18 Repeal of this Act
This Act is repealed on 1 July 2023.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
═════════════
12
Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios)
Amendment Act 2020
No. of 2020
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios)
Act 2015 and the Child Wellbeing and Safety Act 2005 and for other
purposes."
By Authority. Government Printer for the State of Victoria.
13
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