Nurses (Nurses Board Vacancies) Amendment Act 2003 (SA)

South Australia

Nurses (Nurses Board Vacancies) Amendment Act 2003

An Act to amend the Nurses Act 1999.

The Parliament of South Australia enacts as follows:

1—Short title

1. (1)

   This Act may be cited as the Nurses (Nurses Board Vacancies) Amendment Act 2003.

2. (2)

   The Nurses Act 1999 is referred to in this Act as "the principal Act".

2—Commencement

This Act will come into operation on a day to be fixed by proclamation.

3—Amendment of s. 5—Composition of Board

Section 5 of the principal Act is amended by inserting after subsection (5) the following subsections:

1. (6)

   Subject to subsection (8), if a casual vacancy occurs in the office of a member of the Board appointed under subsection (1)(b), the Governor may fill the vacancy by appointing a registered or enrolled nurse nominated by the Minister.

2. (7)

   The Minister must consult with the bodies representing the interests of nurses referred to in the Schedule before making a nomination under subsection (6).

3. (8)

   If a casual vacancy occurs in the office of a member of the Board appointed under subsection (1)(b) within 12 months of that member's election under that subsection, the Governor must, subject to subsection (9), appoint the person who was the sole candidate not elected or excluded after the election of the fifth person at the election in which the member was elected.

4. (9)

   If a person who would otherwise be appointed under subsection (8) is no longer qualified to be appointed, or is unavailable or unwilling to be appointed, then the Governor must appoint the last excluded person at the election in which the member was elected, or, if that person is no longer qualified to be appointed, or is unavailable or unwilling to be appointed, the second-last excluded person, and so on.

5. (10)

   If there is no person qualified, or available or willing, to be appointed under subsection (9), then the Governor may make an appointment under subsection (6).

6. (11)

   A person appointed to a casual vacancy under subsection (6), (8) or (9) will hold office for the balance of the term of that person's predecessor.

4—Substitution of Schedule

The Schedule of the principal Act is repealed and the following Schedule substituted:

Schedule—Bodies representing the interests of nurses

1—Bodies representing the interests of nurses

Subject to clause 2, the following bodies are bodies representing the interests of nurses for the purposes of section 5(7) of the Act:

Australian Council of Community Nursing Services (SA)

Australian and New Zealand College of Mental Health Services

Australian College of Midwives, Inc.

Australian Nursing Federation

Royal College of Nursing Australia

2—Amendment of Schedule

The Governor may, by regulation, amend clause 1 by adding or deleting specified bodies.