Nurses Act of 1964 (Qld)

209 ANNO TERTIO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 20 of 1964 An Act to Consolidate and Amend the Law Relating to the Nursing Profession [ASSENTED TO 8TH APRIL; 1964] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. (1) Short title. This Act may be cited as " The Nurses Act of 1964." (2) Commencement of Act. This Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. 2. Arrangement of this Act . This Act is arranged as follows:- PART I-PRELIMINARY; PART II-ADMINISTRATION; PART III-REGISTRATION OF NURSES; PART IV-ENROLMENT OF NURSING AIDES; PART V-MISCELLANEOUS.

210 Nurses Act of 1964, No. 20 3. Repeals (Schedule ). The Acts set forth in the Schedule to this Act (hereinafter referred to as " the repealed Acts ") are repealed to the extent in that Schedule indicated. 4. Savings . Without limiting the operation of " The Acts Interpretation Acts, 1954 to 1962,"- (a) unless otherwise provided by this Act, the Registrar of the Nurses and Masseurs Registration Board and any other officer appointed under the repealed Acts and in office immediately before the commencement of this Act shall without further or other appointment, be deemed to have been appointed as Registrar or, as the case may be, an officer under this Act and shall as on and from such commencement be deemed to have been appointed under this Act; (b) unless the contrary intention appears in this Act, all persons who, immediately before the commencement of this Act, were registered as nurses in the classes of nurses in the register under the repealed Acts shall be deemed to have been registered under this Act as if such registration was effected as at the date of commencement of this Act; (c) unless the contrary intention appears in this Act that part of the register under the repealed Acts existing immediately prior to the commencement of this Act and which dealt with the various classes of nurses shall subject to this Act be deemed to be the Register of Nurses kept pursuant to this Act; (d) the Nurses and Masseurs Registration Board constituted under the repealed Acts (hereinafter called " the dissolved Board ") shall be dissolved as and from the commencement of this Act, and the members shall go out of office accordingly; (e) subject to paragraph (f) hereof, the property and all other assets of whatever description, and all rights and liabilities of the dissolved Board existing at the commencement of this Act shall without any transfer, assignment , or conveyance, or notice other than this Act, be divested from the dissolved Board and shall- (i) in so far as the same is or relates to that part of the register, kept pursuant to the repealed Acts, dealing with masseurs, be vested in and shall attach to and may be enforced against The Physiotherapists Board constituted by " The Physiotherapists Act of 1964 "; (ii) in so far as the same is or relates to that part of the register, kept pursuant to the repealed Acts dealing with nurses, be vested in and shall attach to and may be enforced against The Nurses Board of Queensland constituted under this Act; (f) the funds of the dissolved Board shall be transferred to the funds of the Board constituted under this Act, with the exception of an amount of one hundred and fifty pounds, which amount shall be paid, on the authority of this Act to The Physiotherapists Board hereinbefore referred to. 5. Meaning of terms . (1) In this Act, unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say- Board "-The Nurses Board of Queensland constituted under this Act;

Nurses Act of 1964, No. 20 211 " Medical Practitioner "-A medical practitioner within the meaning of " The Medical Acts, 1939 to 1963 "; " Minister "-The Minister for Health or other Minister of the Crown for the time being charged with the administration of this Act; " Part "-Part of this Act; " Register "-The Register of Nurses kept under this Act and " registered " and " registration " have corresponding meanings; " Registrar "-The Registrar of The Nurses Board of Queensland appointed under this Act: The term includes any person for the time being performing the duties of the office of the Registrar; " Roll "-The Roll of Nursing Aides kept under this Act and " enrolled " and " enrolment " have corresponding meanings. (2) In this Act words importing the feminine gender include the masculine. PART II-ADMINISTRATION 6. Administration of this Act. This Act shall be administered by the Minister and subject to the Minister by the Board. 7. Constitution of Board . (1) As from the date of the commencement of this Act there shall be constituted a Board, to be called the " Nurses Board of Queensland " which shall have and may exercise and discharge the powers, authorities, duties and functions conferred and imposed upon the Board by or under this Act. (2) The Board shall be a body corporate with perpetual succession and a common seal and shall, for the purposes of and subject to the provisions of this Act be capable of purchasing, holding, granting, demising, disposing of or otherwise dealing with real and personal property and of doing and suffering all such other acts and things that a body corporate may by law do or suffer. (3) The form of the common seal and all other matters relating thereto shall, subject as herein provided be as prescribed. All courts, judges, justices, and all persons acting judicially shall take judicial notice of the common seal of the Board affixed to any instrument or other document and shall presume that it was duly affixed. 8. Members of the Board . (1) The Board shall consist of nine members, each of whom shall, subject to nomination as prescribed, be appointed by the Governor in Council by notification published in the Gazette. Of the members so appointed- (a) two shall be medical practitioners nominated by the Minister; (b) three shall be registered nurses nominated by the Minister; (c) one shall be nominated by the Director-General of Education; (d) three shall be registered nurses, nominated by an association or associations recognised by the Minister as representative of registered nurses. (2) A member of the Board may hold his appointment in conjunction with any position in the Public Service.

212 Nurses Act of 1964, No. 20 (3) Tenure of office . (a) Subject to this Act the members of the Board shall hold office for three years and shall be eligible for re-appointment. (b) The office of a member of the Board shall become vacant if such member- (i) dies or becomes mentally ill; or (ii) becomes bankrupt or compounds with his creditors, or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; or (iii) is absent without leave granted by the Board from three consecutive ordinary meetings of the Board of which due notice has been given to him: Provided that the attendance of any such member at the time and place appointed for an ordinary meeting shall be deemed to constitute presence at an ordinary meeting notwithstanding that by reason that no quorum is present no meeting is actually held on that day, and the Registrar shall enter in the minute book the names of all members who so attended; or (iv) resigisns his office by writing under his hand delivered to the Miter (which resignation shall be complete and shall take effect from the time when it is received by the Minister); or (v) is convicted in Queensland of an indictable offence or elsewhere than in Queensland of an offence which if committed in Queensland would be an indictable offence or of an offence against this Act; or (vi) is removed from office by the Governor in Council by notification published in the Gazette on the grounds of mental or physical incapacity to perform his duties or because of any conduct which, in the opinion of the Governor in Council, shows the member to be unfit to be a member of the Board. (4) Extraordinary vacancies . (a) When a vacancy arises in the office of a member of the Board by death, resignation or otherwise howsoever, the Governor in Council may appoint by notification published in the Gazette, a person having a like qualification or being representative of the like interest as his predecessor, as a member to hold office for the balance of his predecessor's term of office. (5) Nomination of members of Board . Any nomination under this section of a member of the Board shall be made within the time and in the manner as prescribed, and in default of any person or body entitled to make any such nomination doing so within such time and in such manner, the Governor in Council may appoint any person to the Board as if that person had been duly nominated by the person or body entitled to make the nomination. (6) The first appointment of members of the Board may be made at any time after the passing of this Act. In respect of the first appointment of members of the Board, the term " registered nurses " in subsection (1) of this section shall mean those persons who, on the commencement of this Act would by virtue of paragraph (b) of section four of this Act be deemed to be registered under this Act. 9. Chairman . (1) The Governor in Council shall appoint members of the Board to be respectively the chairman of the Board and the deputy chairman of the Board.

Nurses Act of 1964, No. 20 213 (2) The chairman or in his absence the deputy chairman when present shall preside at all meetings of the Board: Provided that in the absence of both the chairman and deputy chairman from any meeting, another member, chosen for the purpose by the majority of the members present and voting, shall preside. (3) The person presiding at any meeting of the Board shall have a vote and when there is an equal division of votes upon any question shall have a second or casting vote. 10. Meetings of Board . (1) The Board shall meet as often as is necessary for the due administration of this Act, and at such times and places as it thinks fit, and shall conduct its business in such manner as may be prescribed, or in so far as is not prescribed, as it may from time to time determine. The Board as first constituted under this Act shall hold its first meeting at a time and place appointed by the Minister. (2) Five members of the Board shall form a quorum at any meeting of the Board, and any duly convened meeting at which a quorum is present shall be competent to transact any business of the Board and shall have and may exercise all of the powers, authorities and functions, and may perform all of the duties of the Board. The decision of a majority of the members present at any meeting of the Board at which there is a quorum shall be the decision of the Board. (3) No act or proceeding of the Board shall be invalid or illegal in consequence only of the number of the members of the Board not being complete at the time of such act or proceeding. All acts and proceedings of the Board shall, notwithstanding any defect in the appointment of any member thereof, or that any member was disqualified or disentitled to act, be as valid as if every such member had been duly appointed and was qualified and entitled to act and had acted as a member of the Board and as if the Board had been properly and fully constituted. 11. Committees . (1) The Board may appoint such advisory committees as it thinks fit to advise it on such matters within the scope of its functions as are referred to those committees by the Board. (2) A person may be appointed to be a member of any such committee whether or not he is a member of the Board. 12. Allowances to members . Each member of the Board shall receive such allowances as may from time to time be prescribed. 13. Where officers of Government Departments appointed. Where by or under any Act or regulation provision is made requiring the holder of an office specified therein to devote the whole of his time to the duties of his office, or prohibiting him from engaging in employment outside the duties of his office, such provision shall not operate to disqualify him from holding that office and also the office of chairman, acting chairman or a member of the Board under this Act, or a member of any committee appointed under section eleven of this Act or from accepting and retaining any remuneration, or allowances payable to a member of the Board under section twelve of this Act.

214 Nurses Act of 1964, No. 20 14. Functions of Board . Subject to this Act the functions of the Board shall be- (a) to determine courses of training and instruction to be undergone by candidates for examinations under this Act; (b) to approve hospitals and other institutions or places at which the whole or any portion of any course of training for the purposes of this Act may be received; (c) to determine the character, subjects and conduct of examinations under this Act; (d) to appoint examiners in respect of such examinations; (e) to appoint the place where, and the times when, such examinations will be held; (/ 1 to cause the names of qualified nurses to be entered in the prescribed manner in the register; (g) to cause the names of nursing aides to be entered in the prescribed manner in the roll; (h) to issue certificates of registration and enrolment. (r) to suspend the registration of any person under this Act and to annul such suspension; (j) to remove the name of any person from the register or roll and to restore such name thereto and to fine or reprimand any person registered or enrolled under this Act; and (k) generally, to do any other act or exercise or perform any other function or functions necessary for carrying the provisions of this Act into effect. 15. Funds of the Board . (1) All moneys received by the Board, or the Registrar, including fees and penalties shall be paid into the funds of the Board. (2) The remuneration of the Registrar and other officers appointed under this Act, and all other expenses of and incidental to the administration of this Act shall be paid by the Board out of its funds. (3) The accounts of the Board shall be audited from time to time by the Auditor-General. 16. Officers . (1) The Governor in Council may appoint under and for the purposes of this Act a Registrar of the Board and such other officers as he deems necessary for the effectual administration of this Act. Appointees as aforesaid shall be appointed and hold their offices under, subject to, and in accordance with " The Public Service Acts, 1922 to 1963." (2) An officer of the Public Service may, in addition to the position which he holds therein, be appointed also the Registrar or another officer under this Act. The Registrar or any other officer under this Act may hold his appointment under this Act in conjunction with any other position in the Public Service.

Nurses Act of 1964, No. 20 215 PART III-REGISTRATION OF NURSES 17. The register . (1) The Board shall cause to be kept by the Registrar in such form as it thinks fit a register (to be called " The Register of Nurses ") of the names and other prescribed particulars of persons who are entitled to be and who remain registered under this'Act as- (a) general nurses; (b) midwifery nurses; (c) child welfare nurses; (d) mental nurses; (e) nurses of any other branch of nursing or postgraduate nursing declared to be such by the Governor in Council by Order in Council published in the Gazette. (2) A separate division of the register shall be assigned to each such branch, and where any person is entitled to be registered in more than one branch of nursing the Board shall register such person's name in every appropriate division of the register. (3) The register shall at all reasonable times be open to inspection at the office of the Registrar by any person on payment of the prescribed fee. (4) The Board shall cause to be published in the Gazette in every year- (a) a copy of the register as at the first day of April in the year in question, certified by the Registrar; or (b) a supplementary list indicating all alterations, additions, revisions, and removals made in the register during the twelve months next preceding the first day of April in the year in question, certified by the Registrar. 18. Qualification for registration . (1) Subject to this Act, every person shall be entitled to be registered as a nurse under this Act in respect of any branch of nursing who makes application to the Board in the prescribed form and pays the prescribed registration fee and who proves to the satisfaction of the Board that she is of good fame and character, and that in respect of that branch of nursing- (a) she has in Queensland received a certificate as prescribed stating that she has completed the prescribed course of training and has passed the prescribed examinations; or (b) elsewhere than in Queensland she has successfully completed a course of training in accordance with a scheme of training recognised by the Board as being satisfactory for the purposes of this Part of this Act: Provided that in the case of a person who proves to the satisfaction of the Board that she has successfully completed her training elsewhere than in Queensland but who is unable to prove that her training was in accordance with a scheme of training recognised by the Board as being satisfactory for the purposes of this Part of this Act the Board may- (i) order that the person shall be entitled to be registered as aforesaid after undergoing such supplementary training, if any, and passing such examinations, if any, as the Board directs; (ii) register any such person upon compliance with the requirements of any order made under subparagraph (i) of this proviso.

216 Nurses Act of 1964, No. 20 19. Certificate of registration . (1) When any person has become registered as a nurse, the Registrar shall issue to such person in the prescribed form a certificate of registration. (2) On application made to the Board at any time and on payment of the prescribed fee, the Board shall issue to any registered nurse a duplicate or certified copy of the certificate of registration. 20. Annual license fee. (1) Every registered nurse shall pay to the Board such annual license fee as may be prescribed. Such annual license fee shall be paid to the Board by the registered nurse concerned within the period from the first day of January up to and including the thirty-first day of March of every year. A registered nurse shall at the time of the payment of the annual license fee furnish the Board with particulars of her address for entry in the register. (2) If any person fails to pay such annual license fee within such period as aforesaid, the Registrar shall thereupon remove her name from the register. (3) If the name of any registered nurse has been removed from the register under this section the Board shall, upon application restore her name to the register upon payment of a restoration fee as is prescribed. 21. Removal of name from register by request . The Board may remove from the register the name of any person who applies in writing to have her name removed therefrom. 22. Disciplinary action . (1) Where any registered nurse- (a) has been convicted in Queensland of an indictable offence, or elsewhere than in Queensland of an offence which if committed in Queensland would be an indictable offence; or (b) has had her qualification for registration or any part thereof withdrawn or cancelled by the institution or body at which it was acquired or by the institution or body at which it was awarded; or (c) has been guilty of any conduct which is deemed by the Board to be discreditable to a registered nurse, the Board may, according as it shall deem just under the circumstances- (d) order her name to be removed from the register; or (e) order that her registration be suspended for such time as it shall specify; or (f) order that she shall pay to the Board by way of a pecuniary penalty such sum, not exceeding fifty pounds, as it shall determine; or (g) order her to be reprimanded. (2) The suspension of registration of any person shall whilst the suspension continues in force have the same effect as a removal of the name of the suspended person from the register pursuant to this section. (3) An order of the Board under paragraph (d) or (e) of subsection (1) of this section may, at any time and for such reason as the Board thinks fit, by order of the Board, be annulled, and the effect of such annulment shall be as the Board determines.

Nurses Act of 1964, No. 20 217 (4) Before making an order under this section the Board shall- (a) give to the registered nurse concerned, either personally or by post by registered letter or certified mail service, notice in writing of the complaint against her and of the date of the hearing of such complaint; (b) hold full inquiry into the matter of the complaint and afford such registered nurse an opportunity of giving a defence either in person or by counsel or solicitor. (5) (a) An inquiry or hearing of a complaint under this section shall be only open to the public where the Board so determines, or where the complainant or registered nurse concerned so requests. (b) Subject to paragraph (a) of this subsection, the Board in holding any inquiry or hearing any complaint under this section shall have all the powers, authority, protection and jurisdiction of a Commission of Inquiry under " The Commissions of Inquiry Acts, 1950 to 1954," save such jurisdiction, powers, rights and privileges as are confined to a chairman of a Commission when that chairman is a Judge of the Supreme Court. (6) Whenever the registration of a person is suspended under the provisions of this section the Registrar shall enter in the register a memorandum of that fact and the cause thereof. 23. Correction of register . (1) The Registrar shall from time to time strike out in the register the names of all registered nurses who have died, and shall make such alterations and amendments in the register as the Board from time to time directs, for the purpose of making the same an accurate record of the names, addresses, and qualifications of all persons for the time being registered. (2) To assist the Registrar in the discharge of his duties under this section the Registrar-General and every District registrar within the meaning of " The Registration of Births Deaths and Marriages Act' of 1962 " on receiving notice of the death of any person kncwn to him to be registered under this Act, shall forthwith inform the Registrar in writing of such death. 24. Notification of determination by Board . When the Board refuses the registration of any person or makes an order under section twenty-two of this Act it shall by a letter forwarded by registered or certified mail service addressed to such person at the address appearing on the register or the last known address notify such person of such refusal or order. 25. Appeals . (1) Any person who feels aggrieved by- (a) a refusal of the Board to register such person; or (b) an order of the Board under section twenty-two of this Act, may appeal to a Judge of the District Court exercising jurisdiction in the district within which such person resides. (2) An appeal under this section shall not lie unless it is instituted within thirty days after the notification by the Registrar to such person of the refusal or order. (3) An appeal under this section shall be by way of rehearing and, subject to this Act, the decision of the Judge shall be final and shall be given effect to by the Board.

218 Nurses Act of 1964, No. 20 (4) An appeal under this section shall be instituted oy filing in the Registry of the District Court concerned a notice of appeal. All such rules of court as may be deemed necessary or desirable or convenient for regulating the procedure and practice of the District Court for the purpose of giving full effect to this section may be made and the provisions of " The District Court Acts, 1958 to 1963," shall apply and extend in respect of such rules of court. Until such rules of court are made, or so far as such rules of court do not extend, the Judge hearing any appeal under this section may, in the particular case, give such directions as he may deem fit, and the directions shall, according to their tenor, have the force and effect of rules of court made under this section for the purposes thereof. PART IV-ENROLMENT OF NURSING AIDES 26. Roll of Nursing Aides. (1) The Board shall cause to be kept by the Registrar a roll (to be called " The Nursing Aides Roll ") of the names and other prescribed particulars of persons who are entitled to be and who remain enrolled under this Act as- (a) general nursing aides; (b) nursing aides of any other class declared to be such by the Governor in Council by Order in Council published in the Gazette. (2) A separate division of the roll shall be assigned to each such class, and where any person is entitled to be enrolled in more than one class the Board shall enrol such person's name in every appropriate division of the roll. (3) The roll shall at all reasonable times be open to inspection at the office of the Registrar by any person on payment of the prescribed fee. 27. Qualification for enrolment . (1) Subject to this Act, every person shall be entitled to be enrolled as a nursing aide under this Act in respect of such class as is applicable, who makes application to the Board in the prescribed form and pays the prescribed enrolment fee and who proves to the satisfaction of the Board that she is of good fame and character, and that in respect of that class- (a) she has received a certificate as prescribed stating that she has completed the prescribed course of training and has passed the prescribed examinations, if any; or (b) elsewhere than in Queensland she has successfully completed a course of training in accordance with a scheme of training recognised by the Board as being satisfactory for the purposes of this Part of this Act: Provided that in the case of a person who proves to the satisfaction of the Board that she has successfully completed her training elsewhere than in Queensland but who is unable to prove that her training was in accordance with a scheme of training recognised by the Board as being satisfactory for the purposes of this Part of this Act the Board may- (i) order that the person shall be entitled to be enrolled as aforesaid after undergoing such supplementary training, if any, and passing such examinations, if any, as the Board directs; (ii) enrol any such person upon compliance with the requirements of any order made under subparagraph (i) of this proviso;

Nurses Act of 1964, No. 20 219 (c) she proves to the satisfaction of the Board that her experience as a nursing aide or in nursing generally is sufficient to warrant the Board in exempting her from the requirements of paragraphs (a) and (b) of this subsection. (2) Applications for enrolment by virtue only of paragraph (c) of subsection (1) of this section shall be made within five years of the commencement of this Act. 28. Enrolment . The provisions of sections nineteen, twenty, twenty-one, twenty-two, twenty-three, twenty-four and twenty-five of this Act shall with any necessary adaptations apply to the enrolment of nursing aides and for the said purpose the said sections shall be construed as if the words " enrolment ", " roll ", " to enrol " and "nursing aide" were substituted for "registration ", "register ", " to register ", and " nurse ", respectively, wherever they occur. PART V-MISCELLANEOUS 29. Offences as to improper use of title , &c. (1) No person shall be entitled to or shall take or use (either alone or in combination with any other word or words or letters) the name, or title of registered nurse or of a nurse for which a separate division of the register is kept or any name, initials, word, title, addition, symbol or description which, having regard to the circumstances in which it is taken or used, indicates or is capable of being understood to indicate, or is calculated to lead persons to infer that she is registered under this Act whether generally or in respect of any branch of nursing or is recognised by law as being so registered unless such person is registered under this Act or, as the case may be, registered under this Act in respect of the branch of nursing concerned. (2) No person registered as a midwifery nurse shall employ a person not registered as a midwifery nurse as her substitute. (3) No person shall be entitled to take or use (either alone or in combination with any other word or words or letters) the name or title of nursing aide or of a nursing aide for which a separate division of the Roll is kept or any name, initials, word, title, addition, symbol or description which, having regard to the circumstances in which it is taken or used, indicates or is capable of being understood to indicate or is calculated to lead persons to infer that she is enrolled under this Act whether generally or in respect of any class of nursing aide or is recognized by law as being a nursing aide, unless such person is enrolled under this Act or as the case may be, enrolled under this Act in respect of the class of nursing aide concerned. 30. No person other than midwife to practise midwifery. (1) A person who is not registered as a midwifery nurse shall not attend as a midwife any woman in childbirth. (2) The provisions of this section shall not apply to- (a) any medical practitioner; (b) any person acting under the direction or supervision of a medical practitioner; or (c) any person rendering assistance in a case of emergency. (3) Any person contravening the provisions of this section shall be guilty of an offence against this Act.

220 Nurses Act of 1964, No. 20 31. Offences with relation to badges . (1) A person who is not registered or enrolled under this Act shall not use or wear any badge issued by the Board. (2) A person whose name has been removed from the register or roll shall not whilst her name remains so removed use or wear any badge issued to her by the Board. (3) A person registered or enrolled under this Act shall not wear any badge issued by the Board other than the badge issued to such person by the Board. (4) A person shall not use or wear any colourable imitation of any badge issued by the Board. 32. Wearing of nurse 's veil. (1) Any person not being a person registered under this Act who wears a nurse's veil shall be guilty of an offence against this Act. (2) The provisions of this section shall not apply to- (a) a member of a religious order wearing a habit conforming with the requirements or customs of that order, or any person taking part in a religious rite wearing any raiment customary or necessary therefor; (b) any person taking part in any theatrical performance wearing a nurse's veil; (c) any person under the age of sixteen years being a junior member of the Australian Red Cross (Queensland Division). (3) For the purposes of this section the term " nurse's veil " means a veil of the design commonly worn by registered nurses. 33. Penalty for falsifying register or making false statement . (1) Any person who- (a) makes or causes to be made any falsification in the register or the roll or in any matter relating to the register or the roll; or (b) utters or puts off, or attempts to utter or put off, as true any false, forged, or counterfeit certificate or other document or writing; or (c) procures or attempts to procure herself or any other person to be registered or enrolled by making or producing, or causing to be made or produced, any false or fraudulent statement, declaration, or representation, either verbal or in writing; or (d) falsely personates or represents herself as being the person referred to in any certificate, document, or writing presented to the Board or in any certificate granted under this Act; or (e) fraudulently or by false representation obtains any certificate of registration or of enrolment under this Act; or (f) forges, alters, or counterfeits any such certificate; or (g) utters or uses, or attempts to utter or use, any such forged or altered counterfeit certificate knowing the same to have been forged or altered or to be counterfeit; or

Nurses Act of 1964, No. 20 221 (h) falsely advertises or publishes herself as having obtained any such certificate, or as being registered or enrolled under this Act, or permits any such advertisement or publication, shall be guilty of an offence against this Act and shall be liable on conviction to a penalty not exceeding one hundred pounds or to imprisonment for a term not exceeding six months or to both such penalty and imprisonment. (2) The name of any person who procures herself to be registered or enrolled by any means which constitutes an offence under this section shall upon that person being convicted for that offence be removed by the Board from the register, or as the case may be, roll. (3) The provisions of this section shall be in addition to and not in substitution for or in derogation of the provisions' of " The Criminal Code" or any other Act: Provided that a person shall not be liable to be convicted both under this Act and under " The Criminal Code " or any other Act in respect of the same act or omission. 34. General penalty provision . (1) Save as expressly provided by or under this Act- (a) every person registered or enrolled under this Act who fails neglects or refuses to comply with any lawful order or direction of the Board made pursuant to this Act or the regulations; and (b) every person who contravenes or fails to comply with any provision of this Act or the regulations, shall be guilty of an offence against this Act. (2) Every person guilty of an offence against this Act for which no penalty is expressly provided shall be liable to a penalty not exceeding fifty pounds. (3) All penalties and fees recovered by the Board pursuant to this Act shall be paid to the Board and become part of its funds. 35. Proceedings generally . (1) All offences against this Act may be prosecuted in a summary way under " The Justices Acts, 1896 to 1963," upon the complaint of- (a) the Registrar; or (b) some person appointed by the Board for that purpose; or (c) a member of the Police Force. (2) A prosecution for an offence against this Act may be instituted at any time within twelve months after the commission of the offence or within six months after the commission of the offence comes to the knowledge of the complainant, whichever is the later period. (3) Without prejudice to any other right or remedy conferred upon the Board with respect thereto all fees imposed by or pursuant to this Act may be recovered in a summary way by complaint under " The Justices Acts, 1886 to 1963," or as a debt by action in any court of competent jurisdiction.

222 Nurses Act o,` 1964, No. 20 36. Facilitation of proof . (1) In any proceeding under and for the purposes of this Act- (a) a certificate purporting to be signed by the Registrar that- (i) on a specified day or days or during the whole of a specified period, a particular person was duly registered in the Register as a registered nurse in respect of a certain branch or branches of nursing or enrolled in the Roll; (ii) on a specified day or days or during the whole of a specified period a particular person was not registered in the Register as a registered nurse in respect of a certain branch, or branches or all branches of nursing or was not enrolled in the Roll; (iii) on a specified day the name of a particular person was removed from the Register or Roll; (iv) as from a specified day the registration of a particular person was suspended for a specified period, shall, upon its production in evidence, and until the contrary is proved, be sufficient evidence of such matter; (b) it shall not be necessary to prove the appointment of the Registrar or any other officer of the Board; (c) it shall not be necessary to prove the authority of a person authorized by the Board to take any proceedings under this Act; (d) the averment in any complaint of the date on which the commission of any offence against this Act came to the knowledge of the complainant shall, until the contrary is proved, be sufficient evidence of such matter; (e) evidence of the contents of any register or roll kept under this Act may be given in any proceedings by a certificate under the hand of the Registrar, and every such certificate shall, upon its production in evidence and until the contrary is proved, be sufficient evidence of the matters stated therein. (2) For the purposes of this Act the signature of the Registrar shall be judicially noticed. 37. Regulations . (1) The Board with the approval of the Governor in Council may from time to time make such regulations, not inconsistent with this Act, providing for all or any purposes, whether general or to meet particular cases, as in its opinion are convenient for the administration of this Act or as in its opinion are necessary or expedient for carrying out the objects and purposes of this Act. Without limiting the generality of the foregoing provisions of this subsection, regulations may be made for or in respect of all or any of the following purposes, matters and things- (i) the proceedings of the Board; (ii) prescribing the manner in which a complaint alleging conduct discreditable to a registered nurse or enrolled nursing aide may be preferred to the Board; (iii) the period of attendance at hospitals prior to registration or enrolment, the conditions under which a hospital shall be recognized as a training school for nurses or nursing aides or both, the qualifications to be possessed by persons preparatory to undergoing courses of training, the regulation and supervision of courses of training;

Nurses Act of 1964, No. 20 223 (iv) the character, subjects, and conduct of examinations for registration or enrolment; (v) the fees payable for examinations, registration, enrolment, and restoration (including provision for payment of any arrears of fees) to the Register or Roll and inspection of the Register or Roll; (vi) annual license fees payable by registered nurses and enrolled nursing aides; (vii) the duties of nurses insofar as it may be necessary to prevent the spread of infection; (viii) prescribing the kinds of badges to be issued to registered nurses and enrolled nursing aides and regulating the issue of such badges; (ix) providing for the appointment of and determining the fees to be paid to examiners; (x) regulating supervising and restricting the practice of any branch of nursing; (xi) prescribing the conditions under which, the manner in which, and the periods for which special courses of training may be conducted; (xii) prescribing the amount of any penalty for any offence against any regulation, provided that any such penalty shall not exceed twenty pounds; (xiii) all matters required or permitted by this Act to be prescribed excepting such a matter (if any) so required to be prescribed otherwise than by regulation. (2) Regulations may be made under this Act at any time after the passing hereof. 38. Publication of Proclamations and regulations . (1) Every Proclamation and regulation made under this Act shall- (i) be published in the Gazette; (ii) upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein; (iii) take effect from the date of such publication unless, in the case of any regulation a later date is specified in that or any other regulation for its commencement when in such event it shall take effect from that later date; and (iv) be laid before the Legislative Assembly within fourteen sitting days after such publication, if the Legislative Assembly is in session , and if not, then within fourteen sitting days after the commencement of the next session. (2) If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after any such Proclamation or regulation has been laid before it disallowing the same or part thereof, that Proclamation, regulation or part thereof shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further Proclamation or regulation.

224 Nurses Act of 1964, No. 20 SCHEDULE Section 3 Year and Number of Act Short title Extent of Repeal 19 Geo . V No. 10 24 Geo . V No. 31 2 Geo . VI No. 17 4 Geo. VI No. 20 12 Geo. VI No. 37 " The Nurses and Masseurs Regis- tration Act of 1928 " " The Medical and Other Acts Amendment Act of 1933 " " The Nurses and Masseurs Regis- tration Acts Amendment Act of 1938" " The Nurses and Masseurs Regis- tration Acts Amendment Act of 1940 " " The Nurses and Masseurs Regis- tration Acts Amendment Act of 1948 " The whole ss. 33, 34 , 36, 37, 38,39,40 The whole The whole The whole