Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Amendment Act 2025 (Vic)
Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Amendment Act 2025
No. 12 of 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Principal Act
Part 2—Amendment of Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Act 2015
4Definitions
5Rounding method
6Emergency departments
7New sections 20A and 20B inserted
8Coronary care units
9High dependency units
10Antenatal wards
11New section 30A inserted
12Postnatal wards
13New section 31B inserted
14Local dispute resolution
Part 3—Further amendment of Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Act 2015
15Definitions
16High dependency units
17Schedule 1—Level 1, 2 and 3 hospitals
18Schedule 2—Hospitals not restricted in use of enrolled nurses
19Schedule 3—Categories of hospitals for emergency department ratios
Part 4—Repeal of this Act
20Repeal of this Act
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Endnotes
1 General information
Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Amendment Act 2025
No. 12 of 2025
[Assented to 8 April 2025]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The main purposes of this Act are to amend the Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Act 2015—
(a)to amend the rounding method used when determining staffing requirements in intensive care units in level 1 hospitals and level 2 hospitals; and
(b)to amend the ratios applying to—
(i)coronary care units; and
(ii)emergency departments; and
(iii)high dependency units; and
(c)to provide for ratios in relation to—
(i)night shifts in postnatal wards in prescribed hospitals; and
(ii)night shifts in antenatal wards in prescribed hospitals; and
(d)to provide for ratios in relation to intensive care units in level 1 hospitals and level 2 hospitals; and
(e)to update the names of hospitals specified in Schedules 1, 2 and 3 to that Act.
2Commencement
This Act comes into operation on the day after the day on which it receives the Royal Assent.
3Principal Act
In this Act, the Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Act 2015 is called the Principal Act.
PART 2—AMENDMENT OF SAFE PATIENT CARE (NURSE TO PATIENT AND MIDWIFE TO PATIENT RATIOS) ACT 2015
4Definitions
In section 3 of the Principal Act insert the following definition—
"intensive care unit means a unit (other than a neonatal intensive care unit), or part of such a unit, dedicated to the identification, monitoring and treatment of patients who are critically ill through the initial and sustained support of vital organ functions;".
5Rounding method
(1)In section 12(1)(f) of the Principal Act, for "hospitals." substitute "hospitals;".
(2)After section 12(1)(f) of the Principal Act insert—
"(g)on and from the day on which the Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Amendment Act 2025 comes into operation, on all shifts in a ward that is an intensive care unit in level 1 hospitals and level 2 hospitals.".
6Emergency departments
(1)In section 20(1)(a)(i) of the Principal Act, for "on the" substitute "subject to subsection (2), on the".
(2)For section 20(1)(a)(i) of the Principal Act substitute—
"(i)one nurse for every 3 beds (not including any resuscitation bed); and
(ia)one nurse for each resuscitation bed; and".
(3)After section 20(1) of the Principal Act insert—
"(2)The operator of a hospital referred to in subsection (1) must meet the following—
(a)on and from the day on which the Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Amendment Act 2025 comes into operation—25 per cent of the additional staffing requirement set out in subsection (1)(a)(i) and (ia) in each 28 day period;
(b)on and from 1 December 2025—75 per cent of the additional staffing requirement set out in subsection (1)(a)(i) and (ia) in each 28 day period;
(c)on and from 1 July 2026—the additional staffing requirement set out in subsection (1)(a)(i) and (ia).".
7New sections 20A and 20B inserted
After section 20 of the Principal Act insert—
"20A Intensive care units—level 1 hospitals
(1)Subject to subsections (2) and (3), the operator of a level 1 hospital must staff a ward that is an intensive care unit as follows—
(a)on the morning shift—
(i)one ICU liaison nurse for every 15 occupied beds; and
(ii)one team leader for every 10 occupied beds; and
(iii)one nurse for each occupied bed; and
(iv)one nurse in charge;
(b)on the afternoon shift—
(i)one ICU liaison nurse for every 15 occupied beds; and
(ii)one team leader for every 10 occupied beds; and
(iii)one nurse for each occupied bed; and
(iv)one nurse in charge;
(c)on the night shift—
(i)one ICU liaison nurse for every 30 occupied beds; and
(ii)one team leader for every 10 occupied beds; and
(iii)one nurse for each occupied bed; and
(iv)one nurse in charge.
(2)The operator of a level 1 hospital does not contravene the ratio set out in subsection (1)(a)(iii), (b)(iii) or (c)(iii) if a nurse assigned to an intensive care unit provides care to up to 2 patients who—
(a)are not critically ill; or
(b)do not require the sustained support of vital organ functions.
(3)The operator of a hospital referred to in subsection (1) must meet the following—
(a)on and from the day on which the Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Amendment Act 2025 comes into operation—25 per cent of the additional staffing requirement set out in subsection (1) in each 28 day period;
(b)on and from 1 December 2025—75 per cent of the additional staffing requirement set out in subsection (1) in each 28 day period;
(c)on and from 1 July 2026—the additional staffing requirement set out in subsection (1).
20BIntensive care units—level 2 hospitals
(1)Subject to subsections (2) and (3), the operator of a level 2 hospital must staff a ward that is an intensive care unit as follows—
(a)on the morning shift—
(i)one ICU liaison nurse; and
(ii)one team leader for every 12 occupied beds; and
(iii)one nurse for each occupied bed; and
(iv)one nurse in charge;
(b)on the afternoon shift—
(i)one ICU liaison nurse; and
(ii)one team leader for every 12 occupied beds; and
(iii)one nurse for each occupied bed; and
(iv)one nurse in charge;
(c)on the night shift—
(i)one team leader; and
(ii)one nurse for each occupied bed; and
(iii)one nurse in charge.
(2)The operator of a level 2 hospital does not contravene the ratio set out in subsection (1)(a)(iii), (b)(iii) or (c)(ii) if a nurse assigned to an intensive care unit provides care to up to 2 patients who—
(a)are not critically ill; or
(b)do not require the sustained support of vital organ functions.
(3)The operator of a hospital referred to in subsection (1) must meet the following—
(a)on and from the day on which the Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Amendment Act 2025 comes into operation—25 per cent of the additional staffing requirement set out in subsection (1) in each 28 day period;
(b)on and from 1 December 2025—75 per cent of the additional staffing requirement set out in subsection (1) in each 28 day period;
(c)on and from 1 July 2026—the additional staffing requirement set out in subsection (1).".
8Coronary care units
(1)For section 21(b) of the Principal Act substitute—
"(b)on the night shift—
(i)one nurse for every 3 patients; and
(ii)subject to subsection (2), one nurse in charge.".
(2)At the end of section 21 of the Principal Act insert—
"(2)The operator of a hospital referred to in subsection (1) must meet the following—
(a)on and from the day on which the Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Amendment Act 2025 comes into operation—25 per cent of the additional staffing requirement set out in subsection (1)(b)(ii) in each 28 day period;
(b)on and from 1 December 2025—75 per cent of the additional staffing requirement set out in subsection (1)(b)(ii) in each 28 day period;
(c)on and from 1 July 2026—the additional staffing requirement set out in subsection (1)(b)(ii).".
9High dependency units
(1)For section 22(1)(b) of the Principal Act substitute—
"(b)on the night shift—
(i)one nurse for every 2 patients; and
(ii)subject to subsection (1A), one nurse in charge unless the unit is co-located with an intensive care unit.".
(2)After section 22(1) of the Principal Act insert—
"(1A)The operator of a hospital referred to in subsection (1) must meet the following—
(a)on and from the day on which the Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Amendment Act 2025 comes into operation—25 per cent of the additional staffing requirement set out in subsection (1)(b)(ii) in each 28 day period;
(b)on and from 1 December 2025—75 per cent of the additional staffing requirement set out in subsection (1)(b)(ii) in each 28 day period;
(c)on and from 1 July 2026—the additional staffing requirement set out in subsection (1)(b)(ii).".
10Antenatal wards
In section 30(1)(b) of the Principal Act, before "on" insert "subject to section 30A,".
11New section 30A inserted
After section 30 of the Principal Act insert—
"30A Antenatal wards—night shift
(1)Subject to subsection (2), the operator of a prescribed hospital must staff an antenatal ward on the night shift with one midwife for every 4 patients.
(2)The operator of a hospital referred to in subsection (1) must meet the following—
(a)on and from the day on which the Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Amendment Act 2025 comes into operation, in each 28 day period—
(i)the ratio set out in section 30(1)(b); and
(ii)25 per cent of the additional staffing requirement set out in subsection (1);
(b)on and from 1 December 2025, in each 28 day period—
(i)the ratio set out in section 30(1)(b); and
(ii)75 per cent of the additional staffing requirement set out in subsection (1);
(c)on and from 1 July 2026—the additional staffing requirement set out in subsection (1).".
12Postnatal wards
In section 31A(1)(b) of the Principal Act, for "on the" substitute "subject to section 31B, on the".
13New section 31B inserted
After section 31A of the Principal Act insert—
"31B Postnatal wards—night shift
(1)The operator of a prescribed hospital must staff a postnatal ward on the night shift with—
(a)subject to subsection (2), one midwife or nurse for every 4 patients; and
(b)one midwife in charge or nurse in charge.
(2)The operator of a hospital referred to in subsection (1) must meet the following—
(a)on and from the day on which the Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Amendment Act 2025 comes into operation, in each 28 day period—
(i)the ratio set out in section 31A(1)(b)(i); and
(ii)25 per cent of the additional staffing requirement set out in subsection (1)(a);
(b)on and from 1 December 2025, in each 28 day period—
(i)the ratio set out in section 31A(1)(b)(i); and
(ii)75 per cent of the additional staffing requirement set out in subsection (1)(a);
(c)on and from 1 July 2026—the additional staffing requirement set out in subsection (1)(a).".
14Local dispute resolution
After section 41(5) of the Principal Act insert—
"(6)This section does not apply to a breach of an additional staffing requirement—
(a)set out in section 20(2)(a), 20A(3)(a), 20B(3)(a), 21(2)(a), 22(1A)(a), 30A(2)(a)(ii) or 31B(2)(a)(ii); and
(b)that is alleged to have occurred during the period commencing on the day on which the Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Amendment Act 2025 comes into operation and ending on 30 November 2025.
(7)This section does not apply to a breach of an additional staffing requirement—
(a)set out in section 20(2)(b), 20A(3)(b), 20B(3)(b), 21(2)(b), 22(1A)(b), 30A(2)(b)(ii) or 31B(2)(b)(ii); and
(b)that is alleged to have occurred during the period commencing on 1 December 2025 and ending on 30 June 2026.".
PART 3—FURTHER AMENDMENT OF SAFE PATIENT CARE (NURSE TO PATIENT AND MIDWIFE TO PATIENT RATIOS) ACT 2015
15Definitions
In section 3 of the Principal Act, in the definition of Department omit "and Human Services".
16High dependency units
In section 22(2) of the Principal Act, for "Wimmera Health Care Group Hospital (Horsham campus)" substitute "Grampians Health (Wimmera Base Hospital)".
17Schedule 1—Level 1, 2 and 3 hospitals
(1)In Part 2 of Schedule 1 to the Principal Act—
(a)omit "Ballarat Base Hospital";
(b)after "Goulburn Valley Health" insert "Grampians Health (Ballarat Base Hospital)";
(c)for "New Mildura Base Hospital" substitute "Mildura Base Public Hospital".
(2)In Part 3 of Schedule 1 to the Principal Act—
(a)omit "Castlemaine Health";
(b)after "Central Gippsland Health Service (Sale campus)" insert "Dhelkaya Health (Castlemaine campus)";
(c)after "Echuca Regional Health" insert "Grampians Health (Wimmera Base Hospital)";
(d)omit "Wimmera Health Care Group (Horsham campus)".
18Schedule 2—Hospitals not restricted in use of enrolled nurses
In Schedule 2 to the Principal Act—
(a)after "Ararat Hospital" insert "Bacchus Marsh Hospital";
(b)omit "Castlemaine Health";
(c)after "Central Gippsland Health Service (Sale campus)" insert—
"Central Highlands Rural Health (Creswick campus)
Central Highlands Rural Health (Daylesford campus)";
(d)omit "Cobram District Health";
(e)for "Djerriwarrh Health Services" substitute—
"Dhelkaya Health (Castlemaine campus)
Dhelkaya Health (Maldon Hospital)";
(f)omit "Edenhope and District Memorial Hospital";
(g)after "Goulburn Valley Health (Waranga campus)" insert—
"Grampians Health (Dimboola District Hospital)
Grampians Health (Edenhope and District Memorial Hospital)
Grampians Health (Stawell Regional Health)
Grampians Health (Wimmera Base Hospital)
Great Ocean Road Health (Lorne Community Hospital)
Great Ocean Road Health (Otway campus)";
(h)omit "Hepburn Health Service (Creswick campus)";
(i)omit "Hepburn Health Service (Daylesford campus)";
(j)omit "Lorne Community Hospital";
(k)omit "Maldon Hospital";
(l)for "Nathalia District Hospital" substitute—
"NCN Health (Cobram campus)
NCN Health (Nathalia District Hospital)
NCN Health (Numurkah campus)";
(m)omit "Numurkah and District Health Services";
(n)omit "Otway Health";
(o)omit "Stawell Regional Health";
(p)omit "Wimmera Health Care Group (Dimboola campus)";
(q)omit "Wimmera Health Care Group (Horsham campus)".
19Schedule 3—Categories of hospitals for emergency department ratios
(1)In Part 1 of Schedule 3 to the Principal Act—
(a)omit "Ballarat Base Hospital";
(b)after "Goulburn Valley Health (Shepparton campus)" insert "Grampians Health (Ballarat Base Hospital)";
(c)omit "New Mildura Base Hospital";
(d)after "Maroondah Hospital" insert "Mildura Base Public Hospital".
(2)In Part 2 of Schedule 3 to the Principal Act—
(a)after "Bairnsdale Regional Health Service" insert "Grampians Health (Wimmera Base Hospital)";
(b)omit "Wimmera Base Hospital (Horsham campus)".
PART 4—REPEAL OF THIS ACT
20Repeal of this Act
This Act is repealed on the first anniversary of the day that it receives the Royal Assent.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 19 February 2025
Legislative Council: 6 March 2025
The long title for the Bill for this Act was "A Bill for an Act to amend the Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Act 2015 and for other purposes. "
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