Nursing Act 1976 (Qld)

1,015 AN-NO VICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 86 of 1976 An Act relating to the qualifications and registration of nurses and enrolment of certain other persons connected with the nursing profession , the regulation of the practice of nursing and for related purposes [ASSENTED TO 17TH DECEMBER, 1976] 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. Short title . This Act may be cited as the Nursing Act 1976. 2. Commencement . This Act shall commence on a day to be fixed by Proclamation. 3. Arrangement of Act. This Act is arranged as follows:- PART I-PRELIMINARY; PART II-ADMINISTRATION; PART III-REGISTRATION OF NURSES; PART IV-ENROLLED NURSES; PART V-MISCELLANEOUS. 4. Repeal. The Nurses Act of1964 is repealed.

1,016 Nursing Act 1976, No. 86 5. Savings . Without limiting the operation of the Acts InterpretationAct1954-1971- (a) notwithstanding the provisions of sections 9, 11 and 13, the Board shall continue to be constituted by all the members by whom it is constituted as the Nurses Board of Queensland immediately prior to the commencement of this Act, and they shall continue in office as members of the Board in terms of their appointment thereto: (b) notwithstanding the provisions of section 12, each member of the Board 'vho holds the office of the chairman of the Board or the office of the deputy chairman of the Board immediately prior to the commencement of this Act shall, whilst he is such a member, be the chairman of the Board or, as the case may be, the deputy chairman of the Board under this Act; (c) the Registrar of The Nurses Board of Queensland and any other officer in office immediately prior to 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, as provided by this Act; (d) a branch of nursing or post graduate nursing declared by the Governor in Council by Order in Council under the repealed Act for the purpose of registration of nurses shall be deemed to be a branch declared as prescribed under section 21 (e) of this Act; (e) all divisions of The Register of Nurses kept under the repealed Act immediately prior to the commencement of this Act shall continue and shall be divisions of the register for the purposes of this Act; (f) all persons who, immediately prior to the commencement of this Act, are registered under the repealed Act as general nurses, midwifery nurses, child welfare nurses, mental nurses and nurses of any other branch of nursing or post graduate nursing declared by the Governor in Council by Order in Council under the repealed Act shall be registered under this Act as general nurses, midwifery nurses, child health nurses, psychiatric nurses and nurses of that branch of nursing or post graduate nursing so declared respectively; (g) a class of nursing aides declared by the Governor in Council by Order in Council under the repealed Act for the purpose of enrolment of nursing aides shall be deemed to be a class of enrolled nurses declared as prescribed under section 34 (b) of this Act; (h) all divisions of The Nursing Aides Roll kept under the repealed Act immediately prior to the commencement of this Act shall continue and shall be divisions of the roil for the purposes of this Act; (i) all persons who, immediately prior to the commencement of this Act, are enrolled under the repealed Act as nursing aides-general or nursing aides of a class declared by the Governor in Council under the repealed Act for the purpose

Nursing Act 1976, No. 86 1.01 of enrolment of nursing aides shall be enrolled under this Act as enrolled nurses-general and enrolled nurses of that class so declared respectively; (j) a person who was registered or enrolled under the repealed Act and whose name was removed from a division of The Register of Nurses or, as the case may be, a division of The Nursing Aides Roll kept under that Act- (i) at her own request; or (ii) because of failure to pay the prescribed fee in respect of registration or enrolment under that Act, shall, subject to this Act, be entitled to have her name restored to such division of the register or, as the case may be, of the roll kept under this Act upon application in writing in that behalf and payment of the annual licence fce and such restoration fee as may be prescribed, and upon compliance otherwise with the provisions of this Act. 6. Meaning of terms. (1) In this Act, unless the contrary intention appears- " Board " means The Nurses Registration Board of Queensland constituted under this Act; " enrolled nurse " means a person enrolled under this Act as an enrolled nurse-general or an enrolled nurse of a class declared pursuant to section 34 and whose name, at the material time, remains on the roll; " medical practitioner " means a medical practitioner within the meaning of the Medical Act1939-1976; " Minister" means the Minister for Health or other Minister of the Crown charged at the material time with the administration of this Act; the term includes any Minister of the Crown who is temporarily performing the duties of the Minister; " register" means The Register of Registered Nurses kept under this Act; registered nurse " means a person registered under this Act as a nurse of a branch of nursing specified or declared under section 21 and whose name, at the material time, remains in the relevant division of the register; registrar" means the registrar of the Board appointed pursuant to this Act: the term includes any person for the time being performing the duties of the registrar; repealed Act " means The Nurses Act of 1964; " roll " means The Roll of Enrolled Nurses kept under this Act. (2) In this Act, words importing the feminine gender include the masculine. 7. Appointed day. For the purposes of this Act, the Governor in Council may by Proclamation appoint a day which in this Act is referred to as the " appointed day ". 33

1,018 Nursing Act 1976, No. 86 PART 1I--ADtittNISTRATION 8. Administration of Act. This Act shall be administered by the Minister and, subject to him, by the Board. 9. Constitution of Board. (1) The Nurses Board of Queensland constituted under the repealed Act is preserved, continued in existence and constituted under this Act under the name " The Nurses Registration Board of Queensland ". (2) The Board shall continue to be a body corporate with perpetual succession and a common seal and, subject to this Act, shall be capable in law of suing and being sued, of compounding or proving in any court of competent jurisdiction all debts or sums of money due to it. and of acquiring, holding, alienating and otherwise dealing with property and of doing and suffering all such acts and things as bodies corporate may in law do and suffer. (3) The form of the common seal and all matters relating thereto shall, subject as herein provided be as prescribed. All' courts and persons acting judicially shall take judicial notice of the common seal of the Board and , until the contrary is proved, shall presume that it was duly affixed to any document on which it appears. 10. Functions of Board . (I) Up to the appointed day the Board shall perform the functions and exercise the powers conferred upon it under the repealed Act and for that purpose the repealed Act shall continue in force. (2) The Board shall have and may exercise and discharge the powers, authorities, duties and functions conferred and imposed upon it by or under this Act. 11. Members of Board . (1) From the expiration of the term of office of the members constituting the Board at the commencement of this Act, the Board shall consist of seven members appointed by the Governor in Council by notification published in the Gazette. A person who has attained the age of 70 years is not eligible for appointment as a member of the Board. The members of the Board shall consist of- (a) four persons nominated by the Minister of whom at least two shall be registered nurses; and (b) three registered nurses nominated by an association or associations accepted by the Minister as representative of the nursing profession. (2) Nomination pursuant to paragraph (b) of subsection (1) shall be made within the time and in the. manner prescribed or, where not prescribed, as determined by the Minister, and in default of the association or associations entitled to make such nomination doing so as prescribed or as determined by the Minister, as the case may be, the Governor in Council may appoint any registered nurse to the Board as if she had been duly nominated by the association of associations entitled to make the nomination. (3) A person may hold office as a member of the Board in addition to any position he holds in the Public Service of Queensland.

Nursin,; Act 1976, No. S6 1.() 1 y 12. Chairman and deputy chairman of Board . (I ) In ever: appointment of the whole number of members of the Board the Governor in Council shall appoint a member who is a registered nurse who shall be chairman of the Board. When a vacancy occurs in the office of chairman of the Board, the Governor in Council may, by notification published in the Gazette, appoint another member of the Board to the vacant office. (2) The members of the Board shall elect one of their members to be deputy chairman of the Board at their first meeting held after the whole number of members assume office or, where a vacancy occurs in the office of deputy chairman, after the appointment of a member in the place of the member who was deputy chairman. (3) The chairman shall preside at every meeting of the Board at which he attends and in his absence the deputy chairman shall so preside. (4) Where both the chairman and deputy chairman are absent from a meeting, another member of the Board chosen for the purpose by the majority of the members present and voting shall preside. (5) The deputy chairman or other member who presides at a meeting of the Board in place of the chairman has and may exercise all the powers and authorities of the chairman while he so presides. (6) Save where the by-laws disentitle him to vote on the matter i^ issue, the chairman or other member presiding at a meeting of the Board is entitled to a deliberative vote on any matter before the meeting and, in the event of an equal division of votes thereon, is entitled to a second or casting vote. 13. Tenure of and vacating member 's office. (1) The appointment of a member of the Board shall commence on the date specified therefor in the notification of appointment published in the Gazette and. save in the case of an appointment made to fill a casual vacancy, shall be for a term of three years. Unless his office is sooner vacated as prescribed, a person, appointment as a member of the Board shall he deemed to continue until his successor, duly appointed, assumes his office as a member. (2) Subject to this Act, a member of the Board shall be eligible for re-appointment if he is eligible for appointment to the Board. (3) The office of a member of the Board shall become vacant if the member- - (a) attains the age of' 70 years or dies; (h) becomes bankrupt or compounds with his creditors, or otherwise takes advantage of' the laws in force for the time being relating to bankruptcy; (c) is absent without prior leave granted by the Board from three consecutive ordinary meetings of' the Board of vvhich due notice has been given to him; (d) resigns his office by writing under his hand delivered to the Minister;

1,020 Nursing Act 1976, No. 86 (e) is convicted in Queensland of an indictable offence or is convicted elsewhere than in Queensland in respect of an act or omission which if done or made by him in Queensland would have constituted an indictable offence, or is convicted of an offence against this Act or the repealed Act; or (f) 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 as a member 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) Attendance of a member of the Board at the time and place appointed for an ordinary meeting of the Board shall be deemed to constitute presence at a meeting notwithstanding that by reason that a quorum is not present no meeting is then and there actually held, and the registrar shall enter in the minute book the names of all members who so attend. (5) A resignation as member of the Board shall take effect when notice in writing thereof is received by the Minister or on the operative date specified in the notice, whichever is the later. 14. Casual vacancies . Where a vacancy occurs in the office of a member of the Board during the term of office of the members then constituting the Board, the Governor in Council may, in accordance with section 11 appoint another person as a member to hold office for the balance of his predecessor's term of office as a member. 15. Meetings of Board. (1) The Board shall meet as often as is necessary for the due administration of this Act, at such times and places as it thinks fit, and shall conduct its business in such manner as may be prescribed or, where or to the extent not prescribed, as it determines from time to time. (2) A quorum at any meeting of the Board shall be four members entitled to vote on the business before the meeting who, at a duly convened meeting, shall be competent to transact any business of the Board and may exercise and perform all the powers, authorities, duties and functions of the Board. (3) The decision of a majority of the members at a meeting of the Board at which a quorum is present shall be the decision of the Board. (4) If a member present at a meeting and entitled to vote abstains from voting he shall be taken to have cast his vote for the negative. (5) A proceeding or decision of the Board shall not be invalidated or made ineffectual by reason only that- (a) the whole number of members had not been appointed at the time; or (b) any member was not entitled to take part in the proceeding or decision; or (c) there is a defect in the appointment of any member.

Nursing Act 1976, No. 86 1,021 16. Committees . (1) The Board may select persons to form an advisory committee or advisory committees to advise the Board on any matter within the scope of the Board's functions referred to the committee or to a particular committee by the Board. (2) A person may be a member of such a committee whether or not he is a member of the Board. 17. Allowances and expenses . (1) Such allowances as are prescribed shall be paid to every member of the Board and every member of an advisory committee, save to a member who is an officer of the Public Service of Queensland in respect of his attendance at a meeting of the Board or an advisory committee during his ordinary hours of duty as such an officer. (2) Every member of the Board and every member of an advisory committee shall be paid out of pocket expenses necessarily incurred by him in attending any meeting of the Board or that committee or in connection with the discharge by him of any function as such a member and approved by the Board. 18. Holders of office not affected by restrictive employment provisions. A provision to any enactment requiring the holder of an office 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 shall not operate to hinder his holding that office and also an appointment as member, chairman or deputy chairman of the Board or of any advisory committee formed pursuant to section 16, or.his acceptance and retention of any allowance or remuneration payable to a member of the Board under this Act. 19. Registrar and officers of the Board. (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 considers 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 Act1922-1973. (2) An officer of the Public Service of Queensland may, in addition to the position he holds therein, be appointed 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. 20. Accounts . (1) All moneys received by or on behalf of the Board shall be paid into and form part of the funds of the Board. (2) Expenses of and incidental to the administration of this Act shall be paid by the Board from its funds. This subsection does not affect the liability, prescribed by any other Act, of the Board to pay from its funds moneys for or towards the salaries of the registrar and officers and inspectors appointed for the effectual administration of this Act.

1,022 Nursing A ct 1976, No. 86 (3) The Board shall enter or cause to be entered in such books, accounts and records required by the Auditor-General to be kept for the purpose a true account of all sums of money received and paid under this Act, and a statement of receipts and disbursements in respect thereof, in a form approved by the Auditor-General, shall be laid before the Minister annually. PART [II-RL STRATtO 4 or NURSES 21. The register. (() The Board shall cause the registrar to keep, in such form as it thinks fit, a register (to be called " The Register of Registered 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 health nurses; (d) psychiatric nurses; (e) nurses of any other branch of nursing or post graduate 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 that person's name in every appropriate division of the register. (3) The Register of Nurses kept under the repealed Act shall continue and shall be and remain The Register of Registered Nurses for the purposes of this Act. (4) 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. 22. Qualification for registration. (I) A person shall be qualified to be registered as a nurse in respect of a branch of nursing if--- 'a) she is the holder of a degree, diploma or certificate in that branch of nursing received after examination from an accredited school of nursing within the meaning of the NursingStudies Act1976; or (b) in Queensland, she--- (i) has successfully completed the course of training prescribed under the repealed Act or under that Act while it continues in force pursuant to section 10 in respect of that branch of nursing and is the holder of a certificate prescribed as aforesaid received after examination prescribed as aforesaid to that effect; and (ii) where her application to be so registered is made after the appointed day, has successfully completed such additional training as the Board in a particular case considers necessary to qualify her to practise that branch of nursing in Queensland and is the holder of a certificate, prescribed under this Act, to that effect issued by an authority that in the opinion of the Board is competent so to do; or

Nursing Act !976, V o. 86 I ,023 (c) elsewhere than in Queensland, she has successfully completed a regular course of' training in that branch of nursing in a hospital, college, school of nursing or other teaching institution and is the holder of a degree, diploma or certificate received after examination which certificate is recognized by the Board as qualifying the holder to practise that branch of nursing in the place where the course of training was undertaken and is recognized by the Board- (i) where her application to be so registered is made before the appointed day, as a degree, diploma or certificate relating to a course of training satisfactory to qualify her to practise that branch of nursing in Queensland; or (ii) where her application to be so registered is made after the appointed day, as a degree, diploma or certificate equal to or higher than a degree, diploma or certificate in that branch of nursing received after examination from an accredited school of nursing within the meaning of the Nursing StudiesAct1976; or (d) she, elsewhere than in Queensland, has successfully completed a regular course of training in that branch of nursing in a hospital, college, school of nursing or other teaching institution and is the holder of a degree, diploma or certificate received after examination which certificate is recognized by the Board as qualifying the holder to practise that branch of nursing in the place where the course of training was undertaken and she has- (I) in Queensland, successfully completed such additional training as the Board in a particular case considers necessary to qualify her to practise that branch of nursing in Queensland and is the holder of a certificate, prescribed under this Act, to that effect issued by an authority that in the opinion of the Board is competent so to do; or (ii) subsequent to obtaining the degree, diploma or certificate upon which she so depends, obtained post graduate experience in nursing and in respect thereof holds a qualification or has had such experience as would, in the opinion of the Board, qualify her for registration and she has sufficient knowledge, skill and ability to practise nursing in Queensland. (2) A person who claims the qualification to be registered referred to in paragraph (c) or (d) of subsection (I) shall not be taken to possess that qualification unless, if she is required by the Board so to do, she undertakes and passes one or both of the following examinations:- (a) a written examination approved by the Board relating to the conditions governing the practice in Queensland of' the branch of nursing in respect of which she has applied to be registered; (b) a clinical and oral examination approved by the Board at a standard ordinarily required by the Board for registration in respect of the branch of nursing in respect of which she has applied to be registered. (3) If a person shows to the Board that, prima facie, she has completed such additional training as the Board has required of' her pursuant to paragraph (b) (ii) or (d) (ii) of subsection ((), that she is

1,024 Nursing Act 1976, No. 86 justly entitled to the certificate referred to in that paragraph and that that certificate has not been provided by the competent authority referred to in that paragraph, the Board may, by notice in writing to the. competent authority, call upon it to show cause to the Board at a date, place and time specified by it in such notice why the certificate should not be provided. If such cause is not shown to the Board's satisfaction, as requested by the Board, the Board may direct the competent authority to provide the person concerned with the certificate within the time specified by the Board. If the certificate is not duly provided by the competent authority the Board may proceed with an application for registration by the person concerned as if such certificate had been provided to her. The Board shall report to the Minister upon any case arising under this subsection. 23. Registration . (1) Subject to this section, a person shall be entitled to be registered as a nurse under this Act in respect of a branch of nursing if- (a) she applies to the Board in the prescribed form; (b) she pays the prescribed fee for registration; and (c) she satisfies the Board that- (i) she is of good fame and character; (ii) she is medically fit to practise nursing; and (iii) in respect of that branch of nursing, she is qualified as prescribed in section 22 for registration; and (iv) she has a sound understanding of the English language and possesses sufficient knowledge of and sufficient skill in the expression of that language, both written and oral. (2) The Board may, where it thinks fit, appoint a Committee of Assessors composed of medical practitioners (whether or not they are members of the Board) and may require an applicant for registration to appear before the Committee of Assessors who shall determine the medical fitness to practise nursing of an applicant and the Board shall be bound by a certificate issued by the Committee of Assessors as to the medical fitness to practise nursing of' the applicant. (3) The Board may, where it thinks fit, require an applicant for registration to undertake and pass an examination in the use of English, as may be approved by the Board. 24. Provisional registration . (1) When a person has applied to the Board in the prescribed form to be registered as a registered nurse in respect of any branch of nursing and has paid the prescribed fee for registration, the chairman or (in the absence of the chairman) a member of the Board authorized. generally in that behalf by the Board, upon being satisfied that such person is entitled to be registered as a registered nurse in respect of that branch of nursing, may grant to that person a certificate in the prescribed form of provisional registration as a registered nurse i n respect of' that branch of nursing.

Nursing Act 1976, No . 86 1,025 (2) A person who has been granted a certificate of provisional registration as a registered nurse in respect of a branch of nursing shall be deemed to be registered under this Act as a registered nurse in respect of that branch of nursing and this Act shall apply to and with respect to that person accordingly- (a) until the date stated in such certificate; or (b) until such later date as may be fixed by the Board, which stated date or later date, if any, fixed by the Board shall not in any case be later than six months from the granting of such certificate: Provided that the Board may at any time before the date so stated or fixed, cancel such certificate and such person shall thereupon cease to be deemed to be registered as a registered nurse in respect of that branch of nursing and, as respects any such certificate granted under subsection (1), such cancellation shall, for the purposes of this Act, be deemed to be a refusal by the Board of the application by that person to be registered as a registered nurse in respect of that branch of nursing. (3) If a person to whom a certificate of provisional registration in respect of a branch of nursing has been granted becomes registered as a registered nurse in respect of that branch of nursing while that certificate is still in force her registration shall, unless otherwise decided by the Board, date from the granting. of that certificate. 25. Registration for a limited period . (1) Subject to this Act, a person who makes application to the Board in that behalf in the prescribed form and who satisfies the Board that she is of good fame and character and that she is the holder of a degree, diploma or certificate in respect of a branch of nursing (in each case recognized by the Board and obtained after due examination) conferred by an institution recognized in the place wherein it is situated and by the Board as authorized to confer such degree, diploma or certificate and that she has come to Queensland- (a) at the request of a hospital, college, school or nursing or other teaching institution in Queensland, any State authority or any association recognized by the Board as representative of nurses for the purpose of teaching, lecturing, giving clinical demonstrations or engaged in research work; or (b) to undertake post graduate study in nursing, shall be entitled, to registration as a registered nurse in respect of that branch of nursing at all times during the period she is so engaged: Provided that such period of registration shall not exceed twelve months unless the Board on application extends it. (2) A person registered under this section shall notify the Board forthwith upon her ceasing to engage in the duties mentioned in subsection (1) and the Board shall then direct the registrar to remove that person's name from the register. (3) The Board may at any time by notice in writing call upon a person registered under this section to show cause at a place, date and time specified by the Board in such notice why her name should not be erased from the register. If such cause be not shown to the Board's satisfaction as requested by the Board, the Board may direct the registrar to erase that person's name from the register.

1,026 Nursing Act 1976, No. 86 26. Registration of additional qualifications . A person registered under this Act as a registered nurse in respect of a branch of nursing who applies to the Board for the purpose of this section and who satisfies the Board that she is the holder of a degree, diploma, status or qualification recognized by the Board other than the qualifications in respect of which she is registered is entitled, upon payment of the prescribed fee. to have such degree, diploma, status or qualification recorded on her certificate of registration. 27. Certificate of registration. (1) Every registered nurse shall be entitled to obtain from the registrar a certificate of her registration in the prescribed form. (2) On application made to the Board at any time and on payment of the prescribed fee, the Board may direct the registrar to issue to any registered nurse a duplicate or certified copy of her certificate of registration. 23. Annual licence fee. (1) Every registered nurse shall pay to the Board a prescribed annual licence fee. (2) The annual licence fee shall be paid to the Board within the period in each year commencing on the first day of January and concluding on the thirtieth day of April or, where another period is prescribed in respect thereof (the Board being hereby thereunto authorized), within that other period in each year as so prescribed. (3) If a registered nurse fails to pay the annual licence fee within the period as provided in. subsection (2), the registrar shall thereupon remove her name from the register. (4) If the name of a person has been removed from the register pursuant to subsection (3) or pursuant to section 29 (I) (a) the Board shall, subject to this Act, upon application by that person direct the registrar to restore her name to the register upon payment of the annual licence fee and such restoration fee as may be prescribed. 29. Removal of name from register . (I) The Board may instruct the registrar to remove from the register the name of a registered nurse- -(a) who applies in writing to have her name removed therefrom; (b) whose name has at any time been ordered to be erased absolutely or for a limited period from a register of nurses maintained by any other registration authority and whose name at the material time has not been restored to that register. (2) If it comes to the notice of the Board that any person whose name then appears on the register may be medically unfit to practise nursing, the Board may appoint a Committee of Assessors composed of medical practitioners (whether or not members of the Board), and may require that person to appear before the Committee of Assessors who shall determine the medical fitness of that person to practise nursing and shall certify to the Board according to its finding. If a certificate issued to the Board by a Committee of Assessors states that the person named therein is medically unfit to practise nursing or has failed to appear before it, the Board may by notice in writing

Nursing Act 1976, No. 86 1.021 call upon such person to show cause at a place, date and time specified by the Board in such notice why her name should not be erased from the register. If such cause be not shown to the Board's satisfaction as requested by the Board, the Board may instruct the registrar to erase the name of that person from the register. 30. Correction of register. (1) The registrar shall from time to time strike from the register the names of all registered nurses who have died and make such alterations and amendments to the register as the Board directs so that the register shall be an accurate record of the names, addresses and qualifications of registered nurses. (2) A registered nurse shall notify the Board of any change of name, address or other prescribed particulars and furnish particulars of such change within twenty-one days after the occurrence of the change. 31. Disciplinary action. (I) Where the Board considers it has reasonable grounds to suspect that a registered nurse- (a) has been convicted in Queensland of an indictable offence or has been convicted elsewhere than in Queensland in respect of an act or omission which if done or made by her in Queensland would have constituted an indictable offence; (b) has been convicted of an offence against this Act or the repealed Act; (c) has failed to carry out a lawful demand of the Board made pursuant to this Act; (d) is addicted to any deleterious drug to a degree that could render her unfit to practise nursing; (e) has been guilty of gross negligence, malpractice or conduct discreditable to a registered nurse, it may hold a full and proper inquiry into the matter in question and for that purpose shall notify the nurse of the matter suspected against. her and of the time and place when and where the inquiry will be held. (2) An inquiry shall not be open to the public unless the Board otherwise determines or the registered nurse in question otherwise requires. (3) A notification required by subsection (1) to be given shall be in writing and shall be given to the registered nurse personally or by post by registered letter or certified mail service. (4) In the conduct of an inquiry the Board- (a) may appoint a person, either with or without legal qualifications, to assist it, and such person shall render to the Board such assistance as is in his power; (b) shall afford the registered nurse in question the opportunity of making defence to all allegations made against her, in person or by counsel or solicitor. (5) Subject to subsection (I), (2) and (4), the Board in the holding of an inquiry shall have and may exercise all the powers, authorities, rights, privileges, protection and jurisdiction of a Commission of Inquiry

1,028 Nursing Act 1976, No. 86 under the Commissions of Inquiry Acts 1950 to 1954 save such as are by those Acts reserved to a chairman of a Commission when that chairman is a Judge of the Supreme Court. (6) If upon its inquiry the Board is satisfied of the truth of the matter referred to in subsection ( 1) and alleged against the registered nurse in question it may, as it considers just in the circumstances , do any one or more of the following things:- (a) cancel her registration and order the removal of her name from the register; (b) order that her registration be suspended for such period as it thinks fit; (c) order that she pay to the Board by way of penalty a sum fixed by the Board but not exceeding S1 000; (d) reprimand her; (e) adjourn the matter of dealing with her under this subsection for such period not exceeding 12 months as the Board thinks fit. (7) When the Board adjourns the matter of dealing with a registered nurse for a period under subsection (6) (e), the Board shall reconsider the matter at the end of that period, taking into consideration her conduct, demeanour and behaviour during the period of such adjournment and then may take any of the steps provided by subsection (6) (excluding subparagraph (e) thereof) or take no further action. (8) Where the Board has dealt with a registered nurse under the provisions of subsection (6), the Board may order that the registered nurse pay to the Board by way of costs such sum as it thinks fit. (9) (a) Any pecuniary penalty or costs ordered by the Board to be paid to it pursuant to subsection (6) or (8) shall become due and payable forthwith, or, if the Board allows time for payment thereof, immediately upon expiration of the time so allowed. (b) The registrar shall secure compliance with an order of the Board made with respect to subsection (6) (a), (h) or (c) or subsection (8). (10) The Board may order the publication in such manner as it thinks fit of its findings upon an inquiry under this section. 32. Notification of Board ' s determination . When the Board refuses an application of any person to be registered as a registered nurse in respect of any branch of nursing or makes an order or determination under subsection (6) or (8) of section 31 or refuses an application by any person for the recording in the register under section 26 of a degree, diploma, status or qualification, the registrar shall notify the person whose application is refused or the person against whpm the order or determination, as the case may be, is made of the refusal, order or, as the case may be, determination in writing addressed to the address of tha' person last known to the registrar.

Nursing Act 1976, No. 86 1,029 33. Appeals. (1) A person aggrieved by- (a) a refusal by the Board of her application to be registered as a registered nurse in respect of any branch of nursing; or (b) an order or determination made against her under section 31; or (c) a refusal by the Board of her application for the recording in the register under section 26, of a degree, diploma, status or qualification, may appeal therefrom to a Judge of the District Court at Brisbane who shall have jurisdiction to hear and determine the same and whose decision thereon shall be final and be given effect to by the Board. (2) An appeal shall be by of re-hearing, and shall be instituted within thirty days after notification of the refusal or order or determination to the person aggrieved, and no later, by filing a notice of appeal in the registry of the District Court at Brisbane setting out the grounds of appeal and, subject to this section, by complying with any rules of court made with respect thereto. (3) The appellant shall serve a copy of the notice of appeal on the registrar of the Board not later than seven days after the notice is filed in the registry of the District Court. (4) Rules of court may be made under the DistrictCourts Act1967-1976 with respect to the institution, conduct and disposal of an appeal. Until such rules of court are made, or in 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 think fit, and the directions shall, according to their tenor, have the force and effect of rules of court made for the purposes thereof. (5) The proceeding on appeal under this section shall be deemed to be a proceeding before a District Court. (6) If the Judge hearing an appeal under this section is of the opinion that the appeal involves a question of special knowledge and skill, he may appoint one or more assessors who in his opinion possess the special qualifications necessary for the particular case to assist him in his determination. An assessor shall be paid such fees and expenses as the Governor in Council shall from time to time determine. An assessor .may advise the Judge on any matter but all questions of law and fact shall be determined by the Judge who shall place such weight (if any) as he thinks fit, on that advice. (7) Where upon appeal a District Court orders a penalty to be paid by an appellant, it shall order the penalty to be paid to the Board and, for the purposes of its enforcement, the order shall be deemed to be an order made by the Board.

1,030 Nursing Act 1976, No. 86 PART IV---EN ROLI.ED NURSES 34. The roll. (1) The Board shall cause the registrar to keep a roll (to be called " The Roll of Enrolled Nurses ") of the names and other prescribed particulars of the persons who are entitled to be and who remain enrolled under this Act as-- (a) enrolled nurses--general; (b) enrolled nurses 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 Nursing Aides Roll kept under the repealed Act shall continue and shall be and remain The Roll of Enrolled Nurses for the purposes of this Act. (4) The roll shall at all reasonable times be open to inspection at the office of the registrar by any person upon payment of the prescribed fee. 35. Qualification for enrolment . (I) A person shall be qualified to be enrolled as an enrolled nurse in respect of the class as is applicable if- (a) she is the holder of a certificate prescribed under this Act in that class received after examination from an accredited school of nursing within the meaning of the Nursing Studies Act1976; or (b) in Queensland she has successfully completed the course of training prescribed under the repealed Act or under that Act while it continues in force pursuant to section 10 in respect of that class and is the holder of a certificate prescribed as aforesaid received after examination prescribed as aforesaid to that effect; or (c) elsewhere than in Queensland, she has successfully completed a regular course of training in accordance with a scheme of training recognized by the Board as being satisfactory for the purposes of this Part; or (d) she has successfully completed a course of training in accordance with a scheme of training and has successfully completed such additional training (if any) and passed such examinations (if any) as the Board directs; or (e) she has, in the Board's opinion; had sufficient experience in nursing generally and has undertaken and passed such examinations (if any) as the Board, in the particular case, directs. 36. Enrolment . (I) A person shall be entitled to be enrolled as an enrolled nurse under this Act in respect of such class as is applicable i f- (a) she applies to the Board in the prescribed form; (b) she pays the prescribed fee for enrolnment; and

Nursing Act 1976, No. 86 1.031 (c) she satisfies the Board that she is of good fame and character, she is medically fit to practise as an enrolled nurse and in respect of that' class, she is qualified as prescribed in section 35 to he enrolled. (2) The Board may, where it thinks fit, appoint a Committee of Assessors composed of medical practitioners (whether or not they are members of the Board) and may require an applicant for enrolment to appear before that committee who shall determine the medical fitness to practise as an enrolled nurse of an applicant and the Board shall he bound by a certificate issued by that committee as to her medical fitness as aforesaid. (3) The provisions of sections 27, 28, 29, 30, 31, 32 and 33 shall with all necessary adaptations apply to the enrolment of enrolled nurses and for the purpose those sections shall be construed as if the words " enrolment ", " roll ", " to enrol " and " enrolled nurse " were substituted for " registration ", " register ", " to register " and " registered nurse ", respectively, wherever they occur. PART V-MISCELLANEOUS 37. Offences as to improper use of title, etc. (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 recognized by law as being so registered unless that 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 enrolled nurse-general or of enrolled nurse 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 enrolled nurse or is recognized by law as being an enrolled nurse unless that person is enrolled under this Act or, as the case may be, enrolled under this Act in respect of the class of enrolled nurse concerned. 38. No person other than midwife to practise midwifery. (I) A person unless she is a registered midwifery nurse shall not attend as a midwife any woman in childbirth. (2) The provisions of this section shall not apply to- (a) a medical practitioner; (b) a person acting under the direction or supervision of a medical practitioner; or (c) Li person rendering assistance in a case of emergency.

1,032 Nursing Act 1976, No. 86 . 39. Offences • ith relation to badges. (1) A person, unless she is 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-..` (5) A person registered or enrolled,under this Act.•shall not wear any badge issued by the Board other than the badge issued to her by the Board. . , _- (4) A person shall 'not use or wear any colourable imitation of any badge issued by the Board. 40. Wearing of nurse's ceil. (1) A person=iuriless she is registered under this ''Act Bhntl" not wear a nurse's "veil. (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 oar. necessary therefor; (b). anyc.person takingfpart in any theatrical performance wearing .a• nise ''s veil; (c) any person under tlh age of'sixteen years being a junior member of the Australian Red- Cross (Queensland' Division). .(3) 156i the purposes of this sectao.cc the term nurse's;veil'. means a veil of the design commonly worn by registererd._ n.urses. 4L Penalty for falsifying registers or :making! false statement. (1) A person shall not- . ., . - • • (a) make or cause to be made any falsification in the register or the roll or in any matter relating to the register or the roll; or (b) utter or put off, or attempt to. utter or put off, as true any false, forged, or counterfeit certificate or other document or writnig; or. (c) procure or'attempt. to procure herself 'or any other person to be registered•or enrolled" by making "orproducing, or causing to be friade or produced,.afalse or,fraudulent statement, declaration, Or. representation; either verbal. orin writing; or (d) falsely personate • or represent„ herself as being the, person re€erred to in a certificate,. document, or writing presented to the Board or in a certificate granted under this Act; or (e) fraudulently or -by -"false representation obtain a certificate of registration or of enrolment under-this Act; or (f) forge, alter, or counterfeit any such certificate; or utter o ` use, or ' atten- pt to utter or use, any such forged, altered or counterfeit certificate knowing the same to have been forged or altered or to be counterfeit; or (h) falsely advertise or publish herself as having obtained any such certificate, or as being registered or enrolled under this Act, or permit any such advertisement or publication. Penalty: $1 000 or imprisonment for six months or both such fine and imprisonment.

Nursing Act 1976, No. 86 1.033 (2) The name of any person who procures herself to be registered or enrolled by any means which contravene this section shall, upon her being convicted in respect of that contravention, be removed 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. 42. General penalty. (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 by-laws; and (b) every person who contravenes or fails to comply- with any provision of this Act or the by-laws, commits an offence against this Act and, save where a specific penalty is otherwise provided is liable to a penalty of Si 000. (3) All penalties and fees recovered in respect of offences against this Act shall be paid to the Board. 43. Proceedings generally. (1) An offence against this Act may be prosecuted in a summary way under the Justices Act1886-1975 upon the complaint of the registrar or a person authorized by the Board in that behalf. (2) A prosecution for an offence against this Act may be commenced within one year from the time when the matter of complaint arose or within six months after the matter of complaint comes to the knowledge of the complainant, whichever is the period later to expire. (3) Without prejudice to any other right or remedy available to the Board with respect thereto, all fees payable to the Board under this Act and all penalties ordered by the Board to be paid to it under this Act may be recovered in a summary way under the Justices Act1886-1975 or as a debt due and owing to the Board by action in any court of competent jurisdiction. 44. Evidentiary provisions . In any proceeding for the purposes of this Act- (a) a certificate purporting to be signed by the registrar certifying the state of any part of the register or roll at a date or during a period specified in the certificate or certifying that a person named therein was not at a date or during a period specified therein, a registered nurse in respect of a certain branch or branches of nursing or an enrolled- nurse (general or of one or more classes) shall, upon its production, be admissible as evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in the certificate; 34

1,034 Nursing Act 1976, No. 86 (b) every part of the register, and an extract of any part of the register purporting to be certified as correct by the registrar shall, upon its production, be admissible as evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein; (c) every part of the roll, and an extract of any part of the roll purporting to be certified as correct by the registrar shall, upon its production, be admissible as evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein; (d) a statement, in a complaint commencing that proceeding, of the date on which the matter of complaint came to the knowledge of the complainant shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of its content: (e) proof shall not be required of the appointment of the registrar or of any other officer appointed for the effectual administration of this Act or of the signature of the registrar. 45. Statutory Declarations . (1) For the purposes of this Act, the Board may- (a) demand and accept a declaration under The Oaths Acts 1867 to 1960 from any person; (b) require an applicant to verify by way of declaration under The Oaths Acts 1867 to 1960 (the taking of which being hereby authorized) information furnished to the Board in respect of her application for registration. (2) A prescribed form may be, in whole or in part, in the form of a statutory declaration. 46. By-laws. (1) The Board, with the approval of the Governor in Council, may from time 'to time make by-laws not inconsistent with this Act for or with respect to- (a) the powers, duties and functions of the registrar, officers and inspectors appointed for the effectual administration of this Act; (b) the register and the roll and the manner of their keeping; (c) the making of applications to the Board and the effect of furnishing false particulars therein; (d) the conduct of meetings of the Board, the entitlement of members of the Board to vote upon business before a meeting, and the conduct of proceedings before the Board and of the affairs of the Board;_ (e) the common seal of the Board, the authentication of documents of the Board, and the attesting of documents by or on behalf of the Board; (f) regulating advertising by registered nurses or enrolled nurses including prescribing and limiting the manner in which and the means by which they may advertise and prescribing ways in which they may not advertise;

Nursing Act 1976, No. 86 1,035 (g) regulating, controlling and prohibiting canvassing or soliciting work or business by, for or on behalf of registered nurses or enrolled nurses; (h) fees payable under this Act, the waiver by the Board of such fees, allowances payable under this Act and the purposes for which they are payable; (i) regulating and controlling the use by registered nurses either generally or of a particular branch of nursing and enrolled nurses either generally or of a particular class of titles, letters or words indicating or describing their qualifications, prescribing titles, letters or words that shall or may be used to indicate or describe that any person is such a registered nurse or enrolled nurse or to indicate or describe any particular nursing qualification, prohibiting the use by registered nurses or enrolled nurses in relation to their qualifications as registered nurses or enrolled nurses or the practice by them of nursing, of any titles, letters or words other than those prescribed for such use or prohibiting any prescribed titles, letters or words from being so used and, in relation to nursing qualifications, either generally or except to indicate or describe a particular qualification; (j) the forms to be used for the purposes of this Act; (k) penalties to be imposed for breaches of the by-laws but so that no such penalty shall exceed $200; (1) costs to be imposed by the Board in addition to penalties following disciplinary inquiries; (m) prescribing the kinds of badges to be issued to registered nurses and to enrolled nurses and regulating the issue of such badges; (n) regulating, supervising and restricting the practice of any branch of nursing; (o) all matters required or permitted by this Act to be prescribed where the method of prescription is not otherwise provided; (p) all matters that may be convenient for the administration of this Act or that may be necessary or expedient for carrying out or giving effect to this Act. (2) By-laws may be made upon the passing of this Act. (3) A by-law has no effect unless and until approved by the Governor in Council. 47. Procedural provisions re by-laws. (1) Every by-law made under this Act shall- (a) be published in the Gazette; (b) upon its publication in the Gazette, be judicially noticed; (c) take effect on and from the date of its publication in the Gazette unless a later date is specified in relation to'its commencement when, in such case, it shall take effect on and from that later date; (d) be laid before the Legislative Assembly within fourteen sitting days after such publication if the Legislative Assembly is in session, but, if not, then within fourteen sitting days after the commencement of its next session.

1,036 Nursing,Act 1976, Na, 86 (2) If the Legislative Assembly passes a, resolution. of .which notice has been given at any time within fourteen sitting.days.after a by-law has been laid before it disallowing the by-law or part thereof, the by-law or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to tl^e making of a further by-law. 48. Refer'erices to mental nurses is other Acts. In any Act; 'a- reference to a mental nurse by whatever means expressed shall be taken to be a reference to a psychiatric nurse registered under this Act. 49. References to child welfare nurses in other Acts. Iti any other Act, a reference to a child welfare nurse by`whatever means expressed shall be taken to be a reference to a child health nurse registered under this Act. 50. References to coursing aides in other Acts; •. In any Act„a reference to a. nursing aide by whatever means expressed„ shall be taken to be a reference to an enrolled nurse.