Nurses Amendment Act 2003 (ACT)

Nurses Amendment Act 2003

A2003-24

Contents

Page

1. Name of Act  2

2. Commencement  2

3. Act amended  2

4. Interpretation for Act

   
   

   Section 3 (1), definition of enrolled nurse  2

5. Section 3 (1), definition of registered nurse  2

6. Section 12 heading  3

7. Section 12 (3)  3

8. Section 13 heading  4

9. Section 14  4

10. Cessation of registration

    
    

    Section 33 (1) (a)  6

11. Section 33 (2)  6

12. Cessation of enrolment

    
    

    Section 57 (a)  6

13. Application of pt 7

    
    

    Section 78 (c)  7

14. Section 89  7

15. Further amendments, mentions of mental health nurse or midwife    7

Nurses Amendment Act 2003

A2003-24

An Act to amend the Nurses Act 1988

Notified under the Legislation Act 2001 on 23 June 2003

(see Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Nurses Amendment Act 2003.

2. Commencement

   This Act commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Act amended

   This Act amends the Nurses Act 1988.

4. Interpretation for Act
   Section 3 (1), definition of enrolled nurse

   substitute

   enrolled nurse means a person who is, or is deemed to be, enrolled as a nurse or mothercraft nurse.

   NoteA person may be deemed under the Mutual Recognition (Australian Capital Territory) Act 1992 to be enrolled.

5. Section 3 (1), definition of registered nurse

   substitute

   registered nurse means a person who is, or is deemed to be, registered as a general nurse, mental health nurse, midwife or nurse practitioner.

   NoteA person may be deemed under the Mutual Recognition (Australian Capital Territory) Act 1992 to be registered.

6. Section 12 heading

   substitute

7. Registration as mental health nurse, midwife or nurse practitioner

8. Section 12 (3)

   substitute

9. A person is entitled to be registered as a nurse practitioner if—

   (a)the person—

   (i)is registered, or entitled to be registered, under this Act as a general nurse; and

   (ii)is a graduate of a nurse practitioner master of nursing course that is offered by an Australian institution and either accredited by the board or approved by a registration authority of a State; and

   (iii)graduated from the course, or has practised as a general nurse or nurse practitioner, within 5 years immediately before the date of application; or

   (b)the person—

   (i)is registered, or entitled to be registered, under this Act as a general nurse; and

   (ii)has completed a course of education or training in a place outside Australia that is substantially equivalent to a course mentioned in paragraph (a) (ii) and qualifies the person to practise as a nurse practitioner in the place; and

   (iii)has undertaken the further education or training, gained the experience in practising as a nurse practitioner and passed the examinations that the board requires; or

   (c)the person—

   (i)is registered, or entitled to be registered, under this Act as a general nurse; and

   (ii)graduated from a course mentioned in paragraph (a) (ii) more than 5 years before the date of application; and

   (iii)has not practised as a general nurse or nurse practitioner within 5 years immediately before the date of application; and

   (iv)has undertaken the further education or training and passed the examinations that the board requires.

10. For this section, a person is taken to have practised as a general nurse, mental health nurse, midwife or nurse practitioner within 5 years immediately before the date of application if the person has, within the 5 years, attended and satisfactorily completed a refresher course of education or training in general nursing, mental health nursing, midwifery, or nurse practitioner nursing, as the case may be, that is accredited by the board or approved by a registration authority of a State.

11. Section 13 heading

    substitute

12. Registration as mental health nurse, midwife or nurse practitioner under mutual recognition principle

13. Section 14

    substitute

14. Registration at discretion of board

15. If a person is a graduate of a course of education or training in general nursing, mental health nursing, midwifery or nurse practitioner nursing that is not accredited by the board or approved by a registration authority of a State, the board may register the person as a general nurse, mental health nurse, midwife or nurse practitioner on a temporary basis to allow the person to—

    (a)undertake a course of education or training approved by the board; or

    (b)gain experience in practising nursing.

16. The board may register a person as a general nurse, mental health nurse, midwife or nurse practitioner on a temporary basis to allow the person to undertake a course of education or training approved by the board if the person—

    (a)graduated from a course of education or training in general nursing, mental health nursing, midwifery or nurse practitioner nursing more than 5 years before the date of application for registration; and

    (b)has not practised as a nurse of that kind within 5 years immediately before the date of application.

17. The board may register a person as a general nurse, mental health nurse, midwife or nurse practitioner to allow the person to fill a teaching or research position if—

    (a)the person has qualifications that the board considers appropriate for the position; and

    (b)the application is supported in writing by the hospital, professional association, university or other institution by which it is proposed that the person be engaged.

18. The board may register a person as a general nurse, mental health nurse, midwife or nurse practitioner on a temporary basis if satisfied that it is in the public interest to do so.

19. The board may impose any condition on the registration of a person under this section that the board considers necessary or reasonable to protect the public.

    NoteWords in the singular number include the plural (see Legislation Act, s 145).

20. Cessation of registration
    Section 33 (1) (a)

    insert

    written

    before

    notice

21. Section 33 (2)

    substitute

22. A person who is registered as a mental health nurse, midwife or nurse practitioner ceases to be registered—

    (a)if the board gives the person written notice that the person’s registration as a mental health nurse, midwife or nurse practitioner, or as a general nurse, has been cancelled under this Act; or

    (b)if the registration is conditional and the period of registration is stated in a condition—when the period ends.

23. Cessation of enrolment
    Section 57 (a)

    insert

    written

    before

    notice

24. Application of pt 7
    Section 78 (c)

    substitute

    (c)the giving or performance of a nursing service by a person who is undergoing a course of training or supplementary training for section 10 (1) (a), (b) or (c), 12 (1) (a), (b) or (c), (2) (a), (b) or (c) or (3) (a), (b) or (c) or 37 (1), if the nursing service is given or performed as part of the course or supplementary training.

25. Section 89

    substitute

26. Continuation of certain registration

    A nurse whose registration as a general nurse, mental health nurse, midwife or infants’ nurse was continued under the Nurses (Amendment) Act 1994, section 36 (a) is taken to be a registered nurse for this Act.

27. Continuation of certain enrolment

    A nurse whose enrolment as a nurse or mothercraft nurse was continued under the Nurses (Amendment) Act 1994, section 36 (b) is taken to be an enrolled nurse for this Act.

28. Expiry of pt 9

    This part expires 1 year after the day this section commences.

29. Further amendments, mentions of mental health nurse or midwife

    omit

    mental health nurse or midwife

    substitute

    mental health nurse, midwife or nurse practitioner

    in

    ·section 13 (1)

    ·section 15 (1)

    ·section 19 (2) and (4)

    ·section 21 (1)

    ·section 23

    ·section 25

    ·section 27

Endnotes

Republications of amended laws

For the latest republication of amended laws, see align="center">[Presentation speech made in Assembly on 8 May 2003]

I certify that the above is a true copy of the Nurses Amendment Bill 2003 which was passed by the Legislative Assembly on 19 June 2003.

Acting Clerk of the Legislative Assembly

© Australian Capital Territory 2003