Nurses Act 1984 (SA)
(Reprint No. 1)
SOUTH AUSTRALIA
1. Short title
2. Commencement
3. Repeal of Nurses Registration Act 1920
4. Interpretation
5. The Nurses Board
6. Membership of the Board
7. The Chairman
8. Procedures at meetings of the Board
9. Validity of acts of Board and immunity of members
10. Personal interest of member
11. Remuneration, etc., of members
12. Registrar and employees of the Board
13. Committees
14. Functions and powers of the Board
15. Delegation of functions and powers
16. Powers of the Board in relation to witnesses, etc.
17. Principles governing hearings
18. Representation at proceedings before the Board
19. Costs
20. Accounts and audit
21. Report
DIVISION 1—RESTRICTIONS RELATING TO THE PROVISION OF NURSING CARE BY UNREGISTERED AND UNENROLLED PERSONS 22. Illegal holding out
23. Restriction in relation to providing nursing care
iii |
24. Registration
25. Limitation on right to practise
26. Enrolment as nurse
27. Enrolment as mothercraft nurse
28. Reinstatement of person on register
29. Board’s approval required where nurse has not practised for five years
30. Limited registration and enrolment for the purpose of gaining experience or teaching, etc.
DIVISION 5—PROVISIONAL REGISTRATION OR ENROLMENT 31. Provisional registration or enrolment
32. The registers
33. Fees
34. Removal from register or roll on request
35. Removal of name from register or roll on suspension
36. Information to be provided by nurses
37. Inquiries by the Board as to competence
38. Incapacity of nurses
39. Obligation to report incapacity
40. Power to require nurse to submit to examination
41. Enquiries by Board as to unprofessional conduct
42. Variation, etc., of conditions imposed by Board
43. Provisions as to inquiries
44. Suspension of registration or enrolment pending determination of complaint
45. Appeal to Supreme Court
46. Operation of order may be suspended
47. Variation of conditions imposed by the Court
48. Penalty for breach of condition
49. Defence where nursing care provided in an emergency
50. Service
51. Procurement of registration or enrolment by fraud
52. Punishment of conduct that constitutes an offence
53. Offences
54. Regulations
being
Nurses Act 1984 No. 100 of 1984 [Assented to 20 December 1984]
as amended by
Statutes Amendment (Abolition of Compulsory Retirement) Act 1993 No. 75 of 1993 [Assented to 21 October | 1993] |
1 | Came into operation 5 May 1986: |
2 | Came into operation 1 January 1994: s. 2. |
Asterisks indicate repeal or deletion of text.
Appendix in bold type indicate the amendments incorporated since the last reprint.
An Act to provide for the registration and enrolment of nurses; to regulate nursing for the purpose of maintaining high standards of competence and conduct by nurses in South Australia; to repeal the Nurses Registration Act 1920; and for other purposes.
The Parliament of South Australia enacts as follows:
1. This Act may be cited as theNurses Act 1984 .
2. (1) This Act shall come into operation on a day to be fixed by proclamation.
(2) The Governor may, in a proclamation fixing a day for this Act to come into operation, suspend the operation of specified provisions of this Act until a subsequent day fixed in the proclamation, or a day to be fixed by subsequent proclamation.
3. (1) TheNurses Registration Act 1920 is repealed.(2) Transitional provisions are set out in the schedule.
4. (1) In this Act, unless the contrary intention appears—"
the Board " means the Nurses Board established under this Act;"
books " includes papers, documents, films, photographs and other records;"
enrolled nurse " means a person whose name is enrolled under this Act as a general nurse(supervised) or a mothercraft nurse;
"
equipment " includes appliances, instruments, dressings, specimens or substances used innursing or used in or for the purpose of medical treatment;
"
the former board " means the Nurses Board of South Australia established under the repealedAct;
"
general nurse " means a person who is qualified in accordance with this Act to practise in all fields of nursing (other than psychiatric nursing, mental deficiency nursing and midwifery) without supervision;"
general nurse (supervised) " means a person who is qualified in accordance with this Act topractise in all fields of nursing under supervision;
"
member " means a member of the Board;"
mental deficiency nurse " means a person who is qualified in accordance with this Act topractise mental deficiency nursing;
"
mental deficiency nurses register " means the register maintained under this Act of mentaldeficiency nurses;
"
mental deficiency nursing " means nursing care provided to patients suffering from imperfector retarded development of their mental faculties;
"
midwife " means a person who is qualified in accordance with this Act to practise midwifery;"
midwifery " means nursing care provided to a mother or child in relation to the birth of thechild;
"
midwives register " means the register maintained under this Act of midwives;"
mothercraft nurse " means a person whose name is enrolled on the mothercraft nurses roll;"
mothercraft nurses roll " means the roll maintained under this Act of persons entitled toprovide nursing care under supervision to children below the age of thirteen years;
"
nurse " means a person who is registered or enrolled under this Act;"
nurses register " means the register maintained under this Act of general nurses;"
nurses roll " means the roll maintained under this Act of general nurses (supervised);"
psychiatric nurse " means a person who is qualified in accordance with this Act to practisepsychiatric nursing;
"
psychiatric nurses register " means the register maintained under this Act of psychiatricnurses;
"
psychiatric nursing " means nursing care provided to patients suffering from an illness ordisorder of the mind;
"
registered nurse " means a person whose name is registered on a register under this Act;"
Registrar " means the person holding the office of registrar under this Act;"
the repealed Act " means theNurses Registration Act 1920 repealed by this Act;"
unprofessional conduct " includes—
improper or unethical conduct in relation to nursing; and | ||||
incompetence or negligence in relation to nursing; and | ||||
a contravention of or failure to comply with— | ||||
|
(2) A reference in this Act to unprofessional conduct extends to—
unprofessional conduct committed before the commencement of this Act; and | |
unprofessional conduct committed within or outside South Australia or the Commonwealth. |
5. (1) There shall be a board entitled the "Nurses Board".(2) The Board—
shall be a body corporate with perpetual succession and a common seal; | |
shall be capable of suing and being sued. |
(3) Where an apparently genuine document purports to bear the common seal of the Board, it shall be presumed in legal proceedings, in the absence of proof to the contrary, that the document has been duly executed by the Board.
6. (1) The Board shall consist of eleven members appointed by the Governor of whom—
one shall be a general nurse who has been nominated by the South Australian Health Commission; and | |
one shall be a psychiatric nurse chosen at an election conducted in accordance with the regulations by psychiatric nurses; and | |
one shall be a mental deficiency nurse chosen at an election conducted in accordance with the regulations by mental deficiency nurses; and | |
four shall be nurses (one of whom shall be an enrolled nurse) nominated by the Royal Australian Nursing Federation (S.A. Branch); and | |
one shall be a medical practitioner selected by the Minister from a panel of three medical practitioners nominated by the South Australian Branch of the Australian Medical Association Incorporated; and | |
one shall be a medical practitioner who is a member of the Royal Australian and New Zealand College of Psychiatrists nominated by the Minister; and | |
one shall be a person nominated by the South Australian Hospitals Association Incorporated; and | |
one shall be a person nominated by the Minister who is neither a nurse nor a medical practitioner. |
(2) Every psychiatric nurse or mental deficiency nurse shall be entitled to vote at an election under subsection (1)
(3) A member shall be appointed for a term not exceeding three years upon such conditions as the Governor determines and at the expiration of his term of office shall be eligible for reappointment.
(4) The Governor may appoint a person to be a deputy of a member and the deputy may, in the absence of that member, act as a member of the Board.
(5) The requirements of this section in relation to the qualification and nomination or selection of a member extend to a deputy of that member.
(6) The Governor may remove a member from office for—
a breach of, or non-compliance with, the conditions of his appointment; or | |
mental or physical incapacity to carry out satisfactorily the duties of his office; or | |
neglect of duty; or | |
dishonourable conduct. |
(7) The office of a member becomes vacant if—
he dies; or | |
his term of office expires; or |
* * * * * * * * * *
he resigns by written notice to the Minister; or | |
he ceases to satisfy the qualification referred to in this section by virtue of which he was eligible for nomination; or | |
he is removed from office by the Governor pursuant to subsection (6). |
(8) Upon the office of a member becoming vacant, a person shall be appointed in accordance with this Act to the vacant office.
(9) A member of the Board who is one of the members constituting the Board for the purposes of proceedings under Part 4 and whose term of office expires before those proceedings have been completed may, for the purpose of continuing and completing those proceedings, continue to act as a member of the Board.
8. (1) Six members shall constitute a quorum at a meeting of the Board.
(2) The Chairman shall preside at a meeting of the Board at which he is present and, in the absence of the Chairman from a meeting, the members present shall decide who is to preside at the meeting.
(3) A question arising before the Board shall be determined in accordance with the opinion of a majority of the members present or, where they are equally divided in opinion, in accordance with the opinion of the person presiding at the meeting.
(4) The Board shall cause accurate minutes to be kept of the business conducted at its meetings.
(5) Subject to this Act, the procedure for the calling of meetings of the Board and the conduct of business at meetings of the Board shall be determined by the Board.
(2) No liability attaches to a member or the Registrar for any act or omission by him, or by the Board, in good faith and in the exercise of his or its powers or functions or in the discharge of his or its duties under this Act.
(2) The Board may employ such other persons as, in its opinion, are necessary to assist it in carrying out its functions under this Act.
(3) Employees of the Board shall be employed on conditions that are not less favourable to them than those applying to the employment of persons under the
(4) Those persons who were employees of the former board immediately before the repeal of the repealed Act—
shall be deemed to have been employed by the Board from the commencement of this Act without reduction in salary or status; and | |
shall not suffer loss of accrued or accruing leave entitlements. |
(2) The Board may appoint a person who is not a member of the Board to be a member of a committee.
14. (1) The functions of the Board are as follows:
to prepare syllabuses and courses to enable persons wishing to apply for registration or enrolment under this Act to acquire the necessary qualifications, experience and skill; | |
to make recommendations to the Governor in relation to regulations prescribing the qualifications, experience and other requirements to be fulfilled by persons applying for registration or enrolment under this Act; | |
to make recommendations to the Governor in relation to the making of other regulations under this Act; | |
to establish and maintain registers and rolls of persons qualified to practise nursing in accordance with this Act; | |
to carry out such other functions as are prescribed by this Act. |
(2) The Board shall exercise its functions under this Act with a view to—
ensuring that the community is adequately provided with nursing care of the highest standard; and | |
achieving and maintaining the highest professional standards both of competence and conduct in nursing. |
(3) For the purposes of this Act, the Board may—
acquire, hold, deal with and dispose of real and personal property; | |
enter into any kind of contract or arrangement; | |
acquire or incur any other rights or liabilities; | |
exercise such other powers as are vested in it under this Act or are necessary for, or incidental to, the efficient discharge of its functions. |
(2) A delegation under this section—
may be made— | ||||
| ||||
may be made subject to such conditions as the Board thinks fit; and | ||||
is revocable at will and does not derogate from the power of the Board to act in any matter itself. |
(3) A person to whom functions or powers are delegated under this section is disqualified from acting in pursuance of the delegation in relation to any matter in which he has a personal interest or a direct or indirect pecuniary interest.
by summons signed on behalf of the Board by a member, or the Registrar, require the appearance before the Board of any person or the production to the Board of any relevant books or equipment; or | |
inspect any books or equipment produced to it, and retain them for such reasonable period as it thinks fit, and make copies of the books, or of any of their contents; or | |
require a person appearing before the Board to make an oath or affirmation that he will truly answer all questions put to him relating to any matter in issue before the Board (which oath or affirmation may be administered by a member or the Registrar); or | |
require a person appearing before the Board to answer any relevant questions put to him by a member, or by a party or a person appearing on behalf of a party to a proceeding before the Board. |
(2) Upon the receipt of an application for the issue of a summons under this section, a member or the Registrar may, without referring the matter to the Board, issue a summons on behalf of the Board.
(3) If a person—
who has been served with a summons to appear before the Board fails, without reasonable excuse, to appear in obedience to the summons; or | |
who has been served with a summons to produce relevant books or equipment fails, without reasonable excuse, to comply with the summons; or | |
misbehaves himself before the Board, wilfully insults the Board or any member of the Board, or interrupts the proceedings of the Board; or | |
refuses to be sworn or to affirm, or refuses or fails to answer truthfully any relevant question, when required to do so by the Board, |
he shall be guilty of an offence and liable to a penalty not exceeding five thousand dollars or
imprisonment for six months.
(4) If a person summoned as mentioned in subsection (1) fails to produce any books or equipment or to appear before the Board as required by the summons, or having appeared refuses to be sworn or to affirm, or to answer a relevant question when required to do so by the Board, a certificate of the failure or refusal, signed by a member of the Board or by the Registrar, may be filed in the Supreme Court.
(5) Where a certificate has been filed under subsection (4), a party requiring the production of books or equipment or the appearance of a person before the Board may apply (either
(6) A person may be required to answer a question by the Board notwithstanding that the answer to that question might tend to incriminate him, or to produce any books or equipment notwithstanding that they might tend to incriminate him, but if that person objects to answering any question a note of that objection shall be taken down in the minutes of the proceedings, and the answer shall not be admissible against him in any criminal proceedings (except in proceedings for perjury).
(2) Subject to this Act, the procedure of the Board upon the hearing of proceedings under this Act shall be as determined by the Board.
(3) On the hearing of proceedings, the Board shall act according to equity, good conscience and the substantial merits of the case.
considers just and reasonable.
(2) If a party is dissatisfied with the amount of the costs fixed by the Board, he may request a master of the Supreme Court to tax the costs and, after taxing the costs, the master may confirm or vary the amount of the costs fixed by the Board.
(3) Subject to this section, costs awarded by the Board under this section may be recovered as a
debt.
20. (1) The Board shall cause proper accounts to be kept of its financial affairs.
(2) The accounts shall be audited at least once in every year by an auditor approved by the Auditor-General and appointed by the Board.
(2) The report must incorporate the audited statement of accounts kept by the Board in relation to the relevant period.
(3) The Minister shall cause a copy of the report to be laid before each House of Parliament within fourteen sitting days after it has been delivered to him.
Penalty: Five thousand dollars or imprisonment for six months.
(2) No person shall hold out another person as a general nurse, a psychiatric nurse, a mental deficiency nurse or a midwife unless that other person is registered on the nurses register, the psychiatric nurses register, the mental deficiency nurses register or the midwives register (as the case may require).
Penalty: Five thousand dollars or imprisonment for six months.
(3) No person shall hold himself out or permit another person to hold him out as a general nurse (supervised) or a mothercraft nurse unless he is enrolled on the nurses roll or the mothercraft nurses roll (as the case may require).
Penalty: Five thousand dollars or imprisonment for six months.
(4) No person shall hold out another person as a general nurse (supervised) or a mothercraft nurse unless that other person is enrolled on the nurses roll or the mothercraft nurses roll (as the case may require).
Penalty: Five thousand dollars or imprisonment for six months.
(2) Subsection (1) does not apply to—
nursing care provided through the instrumentality of a qualified person or an authorised person by a person carrying on the business of a hospital, health centre, nursing home or community health service; or | |
nursing care provided in prescribed circumstances or by prescribed persons. |
(3) The Minister may, by notice published in the
Gazette —
authorise a person, or a class of persons, to provide nursing care at a hospital, health centre, nursing home or on behalf of a community health service under the supervision of a registered nurse of a particular class; | |
attach such conditions as he thinks fit to such an authorisation; | |
vary or revoke an authorisation granted under this section. |
(4) In this section—
"
authorised person " means a person to whom an authorisation under subsection (3) relates;"
community health service " means a body of persons (whether corporate or unincorporate) established on a non-profit basis to provide health services to the community or a section of the community;"
qualified person ", in relation to nursing care, means a person registered or enrolled under this Act or any other Act as a person qualified, in the circumstances under which the nursing care is provided, to provide that nursing care.
24. (1) A natural person who satisfies the Board that he—
has the prescribed qualifications and experience and fulfils all other prescribed requirements for registration as a general nurse, a psychiatric nurse, a mental deficiency nurse or a midwife; and | |
is otherwise a fit and proper person to be so registered, |
shall, subject to this Act, be registered as a general nurse, a psychiatric nurse, a mental deficiency
nurse or a midwife (as the case may require).
(2) Registration as a general nurse authorises the nurse—
to practise in all fields of nursing (other than psychiatric nursing, mental deficiency nursing and midwifery) without supervision; | |
to practise in the fields of psychiatric nursing, mental deficiency nursing and midwifery under the supervision of a psychiatric nurse, mental deficiency nurse or a midwife (as the case requires). |
(3) Registration as a psychiatric nurse authorises the nurse to practise psychiatric nursing.
(4) Registration as a mental deficiency nurse authorises the nurse to practise mental deficiency
nursing.
(5) Registration as a midwife authorises the nurse to practise midwifery.
25. (1) A registered nurse shall not, without the written authority of the Board—
in the case of a general nurse—practise psychiatric nursing, mental deficiency nursing or midwifery unless he is supervised by, or is registered as, a psychiatric nurse, a mental deficiency nurse or a midwife (as the case may require); | |
in the case of a psychiatric nurse, a mental deficiency nurse or a midwife—practise in any field of nursing in which he is not authorised to practise by this Act. |
Penalty: Five thousand dollars.
(2) The Board may, subject to such conditions as it thinks fit—
authorise a general nurse to practise psychiatric nursing, mental deficiency nursing or midwifery without supervision; | |
authorise a psychiatric nurse, a mental deficiency nurse or a midwife to practise in any other field of nursing, |
and may vary or revoke an authorisation, or a condition to which it is subject, at any time.
26. (1) A natural person who satisfies the Board that he—
has prescribed qualifications and experience and fulfils all other prescribed requirements for enrolment as a general nurse (supervised); and | |
is otherwise a fit and proper person to be so enrolled, |
shall, subject to this Act, be enrolled as a general nurse (supervised).
(2) Enrolment as a general nurse (supervised) authorises the nurse to practise in all fields of nursing under the supervision of a registered nurse who is authorised by this Act to practise in that field.
(3) A general nurse (supervised) shall not practise nursing unless he is supervised as required
by subsection (2).
Penalty: Five thousand dollars.
(2) A person whose name was removed from The Mothercraft Nurses Roll under the repealed Act for any reason and whose name had not, before the repeal of that Act, been reinstated on that roll, may apply under this Act for enrolment on the mothercraft nurses roll.
(3) A mothercraft nurse may provide nursing care under the supervision of a registered nurse to a child below the age of thirteen years.
(4) A mothercraft nurse who practises nursing in contravention of subsection (3) is guilty of an
offence.
Penalty: Five thousand dollars.
28. (1) A person whose name has been removed from a register or roll—
at his request; or | |
on his failure to pay the practice fee, |
may apply to the Board at any time for the reinstatement of his name on the appropriate register or
roll.
(2) A person whose registration or enrolment has been suspended may apply to the Board for the reinstatement of his name on the appropriate register or roll after the period of suspension has expired.
(3) A person whose registration or enrolment has been cancelled for unprofessional conduct may not apply to the Board for reinstatement of his name on the register or roll before the expiration of two years after the cancellation.
(4) The Board shall, subject to subsection (5), reinstate the name of a person who applies under this section if it is satisfied that—
he has sufficient knowledge and experience, and is able to exercise the necessary degree of skill required, for the provision of the nursing care that he will be entitled to provide after reinstatement; and | |
he is a fit and proper person to be registered or enrolled under this Act. |
(5) Before granting an application under this section, the Board may require the applicant to obtain qualifications and experience specified by the Board and for that purpose may require the applicant to undertake a specified course of instruction and training in nursing.
or more shall not practise nursing without first obtaining the approval of the Board.
Penalty: Five thousand dollars.
(2) The Board may—
before granting its approval under subsection (1), require the nurse to obtain qualifications and experience specified by the Board and for that purpose may require the nurse to undertake a specified course of instruction and training in nursing; | ||||||||
make its approval subject to one or more of the following conditions: | ||||||||
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in order to enable him— | ||||
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if, in its opinion, his registration or enrolment is in the public interest. |
(2) Where a person applies for registration or enrolment, or reinstatement of registration or enrolment, under this Act but has not satisfied the Board that he is a fit and proper person to be registered or enrolled unconditionally, but otherwise fulfils the requirements prescribed by or under this Act for registration or enrolment, the Board may register or enrol that person in pursuance of this section.
(3) When granting an application referred to in subsection (1) or (2), the Board may—
restrict the places and times at which the applicant may provide nursing care; or | |
limit the fields of nursing in which he may provide nursing care; or | |
limit the period during which the registration or enrolment will have effect; or | |
impose a condition requiring that he be supervised when providing nursing care by a particular person or by a person of a particular class; or | |
impose such other conditions as the Board thinks fit. |
(2) The registration or enrolment of a person registered or enrolled pursuant to subsection (1) shall remain in force until the Board determines the application.
(3) The registration or enrolment by the Board under this Act of a person who was provisionally registered or enrolled under this section shall have effect from the commencement of the provisional registration or enrolment.
(2) A registered nurse or an enrolled nurse shall, within three months after changing his
address, inform the Registrar in writing of the change.
Penalty: One hundred dollars.
(3) A certificate stating that a person was, or was not, registered or enrolled under this Act as at a particular date or during a particular period and purporting to be signed by the Registrar shall, in legal proceedings in the absence of proof to the contrary, be accepted as proof of the registration or enrolment of that person, or of the fact that that person was not registered or enrolled, on the date, or during the period, stated in the certificate.
(2) Every person registered or enrolled under this Act shall, before the date fixed by the Board for that purpose, pay to the Board the prescribed practice fee and the Board may remove from the register the name of a person who fails to do so.
(3) The Governor may, by regulation, exempt a person or a class of persons from the obligation to pay a fee under this section.
(2) Information provided under this section may be included in the appropriate register or roll.
(3) A person who fails to comply with a requirement under this section is guilty of an offence.
Penalty: One thousand dollars.
the Registrar; or | |
the Minister; or | |
the Royal Australian Nursing Federation (S.A. Branch); or | |
a nurse. |
(2) Where a complaint has been laid under this section, the Board shall, unless it considers the complaint frivolous or vexatious, inquire into the subject matter of the complaint.
(3) If, after conducting an inquiry under this section, the Board is satisfied that the matters alleged in the complaint have been established, it may, by order, impose conditions restricting the right of the nurse to provide nursing care.
38. Where, on the application of—
the Registrar; or | |
the Minister; or | |
the Royal Australian Nursing Federation (S.A. Branch); or | |
a nurse, |
the Board is satisfied that the ability of a nurse to provide nursing care is impaired by mental or physical incapacity to such an extent that it is desirable, in the public interest, that an order be made under this section, the Board may, by order, exercise one or both of the following powers:
suspend his registration or enrolment until he has recovered from the incapacity or for such lesser period as the Board determines; or | |
impose conditions restricting his right to provide nursing care. |
his reasons for that opinion; and | |
the views of any other medical practitioner in relation to the matter that are known to him; and | |
all other prescribed information. |
Penalty: One thousand dollars.
(2) The Board may suspend the registration or enrolment of a nurse who fails to submit to an examination ordered by it under subsection (1) and that suspension shall remain in force until he submits to the examination.
41. (1) A complaint alleging unprofessional conduct—
on the part of a nurse; or | |
on the part of a person who was at the relevant time a nurse, |
may be laid before the Board by—
the Registrar; or | |
the Minister; or | |
the Royal Australian Nursing Federation (S.A. Branch). |
(2) Where a complaint has been laid under this section, the Board shall, unless it considers the complaint frivolous or vexatious, inquire into the subject matter of the complaint.
(3) If, after conducting an inquiry under this section, the Board is satisfied that the nurse, or former nurse, is guilty of the unprofessional conduct alleged against him—
it may, in the case of a nurse, by order, exercise one or more of the following powers: | ||||||||||
| ||||||||||
it may, in the case of a former nurse, order him to pay a fine not exceeding five thousand dollars. |
(2) The Registrar, the Minister and the Royal Australian Nursing Federation (S.A. Branch) shall be entitled to appear and be heard on an application under this section.
(2) If a party to whom notice has been given pursuant to subsection (1) does not attend at the time and place fixed by the notice, the Board may proceed to hear and determine the complaint or application in the absence of that party.
(3) In the course of proceedings the Board may—
receive in evidence a transcript of evidence taken in proceedings before a court, tribunal or other body constituted under the law of South Australia or of any other State or Territory of the Commonwealth or of another country, and draw any conclusions of fact from the evidence that it considers proper; | |
adopt, as in its discretion it considers proper, any findings, decision, judgment, or reasons for judgment, of any such court, tribunal or body that may be relevant to the proceedings. |
44. Where—
a complaint against a nurse who was registered or enrolled pursuant to legislation that corresponds to this Act in another State or Territory of the Commonwealth or in another country has been laid before the Board; and | |
the registration or enrolment of that person in that other State, Territory or country was suspended or cancelled by reason of conduct that is the subject matter of the complaint before the Board, |
the Board may suspend the registration or enrolment of the nurse under this Act pending the
determination of the complaint by the Board.
45. (1) Subject to subsection (2), a right of appeal to the Supreme Court lies against—
(i) | a refusal by the Board to register or enrol, or to reinstate the registration or enrolment of, a person under this Act; | |
(ii) | the imposition by the Board of conditions in respect of registration or enrolment; | |
(iii) | the refusal by the Board to give its approval to a nurse to practise nursing after an absence of five years or more or the imposition by the Board of conditions in relation to such an approval; or |
a reprimand or order administered or made by the Board in proceedings under Part 4. |
(2) An appeal must be instituted within sixty days of the date of the decision appealed against, but the Supreme Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that the appeal should be instituted within that time.
(3) The Supreme Court may, on the hearing of an appeal, exercise any one or more of the following powers:
affirm, vary or quash the decision, reprimand or order against which the appeal has been instituted and make any consequential or other order that may be just in the circumstances; | |
remit the subject matter of the appeal to the Board for further hearing or consideration or for rehearing; | |
make any order as to costs. |
(4) When ordering the remission of the subject matter of an appeal to the Board for rehearing, the Court may disqualify a member from hearing the matter and, in that case, the deputy of that member may, if he is not also disqualified, take the place of that member for the purpose of the hearing.
(2) A suspension under subsection (1) may be terminated—
if the intended appeal is not in fact instituted; or | |
if the appeal is withdrawn or lapses. |
(3) A suspension may be granted or terminated under this section by the Board or by the Supreme Court.
(2) The Board, the Minister and the Royal Australian Nursing Federation (S.A. Branch) shall be entitled to appear and be heard on an application under this section.
relation to the provision of nursing care by him is guilty of an offence.
Penalty: Five thousand dollars.
Penalty: Five thousand dollars.
53. Offences against this Act shall be disposed of summarily.
(2) Without limiting the generality of the foregoing, those regulations may—
prescribe qualifications, experience and other requirements for the purpose of the registration or enrolment of any person or class of persons under this Act; and | |
prescribe (or empower the Board to fix) fees or charges for the purposes of this Act and may provide for the recovery of a fee or charge so prescribed or fixed; and | |
prescribe information that shall be included in a register maintained under this Act; and | |
prescribe any form for the purposes of this Act; and | |
regulate, restrict or prohibit the publication of advertisements by or on behalf of nurses; and | |
prescribe penalties, not exceeding five thousand dollars, for breach of, or non-compliance with, a regulation. |
(3) A regulation under subsection (2)
(4) This section is in addition to, and does not derogate from, any other provision of this Act providing for the making of regulations.
(1) All property, rights and liabilities vested in or attached to the former board immediately before the repeal of the repealed Act shall, upon the commencement of this Act, vest in or attach to the Board.
(2) A reference in an instrument (whether or not of a statutory nature) to the former board shall, where the context admits, be construed as a reference to the Board.
(3) A person registered on a register under the repealed Act immediately before the commencement of this Act shall be deemed to have been registered on the corresponding register under this Act.
(4) A person enrolled on the Nurses Roll under the repealed Act immediately before the commencement of this Act shall be deemed to have been enrolled on the nurses roll under this Act.
(5) The name of a person deemed to have been registered or enrolled by virtue of clauses 3 or 4 shall, without payment of a fee, be entered in the appropriate register or roll under this Act.
(6) Where a person whose name was removed from a register or roll under the repealed Act for any reason and whose name had not, before the repeal of the repealed Act, been reinstated on that register or roll, applies for registration or enrolment under this Act, the Board may deal with the application as though it were an application for reinstatement under this Act.
Section 6(7)(c): | repealed by 75, 1993, s. 18(a) |
Section 6(9): | amended by 75, 1993, s. 18(b) |
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