Untitled document

Nurses (Amendment) Act 2000

Act No. 94/2000

TABLE OF PROVISIONS

Section Page

1.	Purposes	1
2.	Commencement	1
3.	Definitions	2
4.	Information with applications	3
5.	Registration	4
6.	New section 8B inserted	5

8B. Endorsement of registration for nurse practitioners 5

7.	Conditions, limitation or restrictions on endorsement	7
8.	Entitlement of applicant for endorsement to make submissions	7
9.	Notification about endorsement	8
10.	Application for renewal of endorsement	8
11.	New section 13A inserted	9

13A. Restoration of name to register 9

12.	Refusal to renew registration or endorsement	9
13.	New section 14A inserted	10

14A. Special qualifications or training 10

14.	Effect of suspension of endorsement	10
15.	Endorsement obtained by fraud	11
16.	Consequential amendment	11
17.	Register and evidence	11
18.	Certificates	12
19.	New section 19A inserted	12

19A. Provision of information 13

20.	Complaints	14
21.	Health Services Commissioner	14
22.	New section 24 inserted	14

24. Investigations and hearings on the Board's motion 14

23.	Suspension of registration	15
24.	Suspension of endorsement	15
25.	Preliminary investigations into health of nurse	15
26.	Outcome of preliminary investigation	15
27.	Request for suspension of registration or endorsement or
conditions etc to be imposed	15
28.	Revocation of suspension or conditions etc on endorsement	16
29.	Immediate suspension of endorsement	16

i

Section Page

30.	Determinations of informal hearings	16
31.	Panels	16
32.	Findings and determinations at formal hearings	17
33.	New section 49A inserted	17

49A.	Investigation may continue even if person no longer
registered 18

34. New section 49B inserted 19

49B. Employees of the Board 19

35.	Removal of suspension, condition or limitation	19
36.	Notification of determinations	19
37.	Offence to publish information identifying nurse	19
38.	VCAT	20
39.	Nurse practitioners	20
40.	Offence to provide unendorsed nurse practitioners	21
41.	New sections 64A to 64D inserted	21

64A.	Advertising	21
64B.	Advertising guidelines	23
64C.	Power of the courts to require corrective advertising	24
64D.	Exemptions	24

42.	Functions of Board	25
43.	Membership of the Board	26
44.	New sections 75A and 75B inserted	27

75A.	Resolutions without meetings	27
75B.	Approved methods of communication for Board	28

45.	Nurse practitioner advisory committee must be established	29
46.	New section 88 substituted and sections 88A to 88D inserted	31

88.	Identification	31
88A.	Powers of entry with warrant	32
88B.	Announcement before entry	34
88C.	Copy of warrant to be given to occupier	34
88D.	Copies or receipts to be given	34

47.	Regulations	35
48.	New definition inserted in Drugs, Poisons and Controlled
Substances Act 1981	35
49.	Authorisation under Drugs, Poisons and Controlled
Substances Act 1981	35
50.	Amendments to Drugs, Poisons and Controlled Substances
Act 1981 relating to drug-dependent persons	36
51.	Offences—section 35 of Drugs, Poisons and Controlled
Substances Act 1981	39
52.	Regulations under Drugs, Poisons and Controlled Substances
Act 1981	40

ii

Section Page

53.      Consequential amendments to Chinese Medicine Registration

Act 2000 41

═══════════════

ENDNOTES 42

iii

Victoria

No. 94 of 2000

Nurses (Amendment) Act 2000†

[Assented to 5 December 2000]

The Parliament of Victoria enacts as follows:

1. Purposes

The main purposes of this Act are to make
miscellaneous amendments to the Nurses Act
1993 and to amend the Drugs, Poisons and

Controlled Substances Act 1981.

2. Commencement

(1) Section 1 and this section come into operation on

the day after the day on which this Act receives
the Royal Assent.

Nurses (Amendment) Act 2000

s. 3 Act No. 94/2000

(2) Subject to sub-section (3), the remaining

provisions of this Act, come into operation on a
day or days to be proclaimed.

(3) If a provision referred to in sub-section (2) does

not come into operation before 1 November 2001,
it comes into operation on that day.

3. Definitions

See:

Act No.	In section 3(1) of the Nurses Act 1993—
111/1993.
Reprint No. 2	(a) in the definition of "unprofessional conduct",
as at	in paragraph (c) after sub-paragraph (iii)
17 September
1998	insert—
and
amending	"; or
Act Nos
62/1998 and	(iv) in the case of a nurse practitioner, an
18/2000  LawToday:	offence as a nurse practitioner under
any other Act or regulations;";
dpc.vic.
gov.au	(b) in the definition of "unprofessional conduct", after paragraph (c) insert—

"; or

(d)	professional conduct which is of a lesser standard than that which might reasonably be expected of a registered nurse by her or his peers; or
(e)

providing a person with nursing unnecessary or not reasonably required for that person's well-being; or

(f)	influencing or attempting to influence the conduct of a nurse's practice in such a way that patient care may be compromised; or
(g)	the failure to act as a nurse when required under an Act or regulations to do so; or

Nurses (Amendment) Act 2000

Act No. 94/2000 s. 4

(h) comply with a condition, limitation or
restriction on the registration or

the contravention of or failure to imposed by or under this Act.".

(c) insert the following definitions—
' "endorsement" means endorsement of

registration as a nurse practitioner
under section 8B;

"professional indemnity insurance" means

insurance against civil liability in
connection with the practice of nursing;

"nurse practitioner" means a nurse whose

registration has been endorsed in
accordance with section 8B;'.

4. Information with applications

(1) In section 5 of the Nurses Act 1993, for sub-

section (2) substitute—
"(2) An application must be—

(a) in writing in the prescribed form; and

(b) accompanied by—

(i)

evidence of the qualifications her or him to the type of registration applied for; and

(ii)  the information referred to in section 19A; and

(iii) the fee fixed by the Board.".

Nurses (Amendment) Act 2000

s. 5 Act No. 94/2000

(2) In section 5(3) of the Nurses Act 1993, after

paragraph (c) insert—

"; and

(d) may require the applicant to provide evidence that the applicant is or will be covered by professional indemnity insurance that meets the minimum terms and conditions set out in guidelines of the Board.".

5. Registration

(1) In section 7(2) of the Nurses Act 1993, after

paragraph (g) insert—

"(h) that, in the opinion of the Board, the nurse

does not have adequate arrangements for
professional indemnity insurance that meet
the minimum terms and conditions set out in

the guidelines of the Board.".

(2) After section 9(1) of the Nurses Act 1993

insert—

"(1A) Without limiting the Board's powers under sub-section (1) it may impose a condition—

(a) that—

(i)  the nurse must hold professional indemnity insurance; or

(ii) nurse must be covered by

the nursing care provided by the or

(iii) referred to in professional
indemnity insurance, whether by
name or otherwise, as a person to

the nurse must be specified or insurance extends even though the

Nurses (Amendment) Act 2000

Act No. 94/2000 s. 6

nurse is not a party to the
professional indemnity insurance;

and

(b)

that the professional indemnity terms and conditions set out in the guidelines of the Board.".

(3) For section 13(1) of the Nurses Act 1993

substitute—
"(1) An application for renewal of registration

must be—

(a)	made to the Board before the existing registration expires; and
(b)	accompanied by the information referred to in section 19A; and
(c)	accompanied by the fee determined by the Board.

(1A) The Board may require an applicant to

provide evidence that the applicant will be
covered by professional indemnity insurance
that meets the minimum terms and
conditions set out in guidelines of the
Board.".

6. New section 8B inserted

Before section 9 of the Nurses Act 1993 insert—

"8B. Endorsement of registration for nurse

practitioners

(1) If the Board is satisfied that a nurse

registered under Division 1, 3 or 4 of the course of study and undertaken clinical experience that, in the opinion of the Board, qualifies the nurse to use the title nurse practitioner, the Board may endorse the

Nurses (Amendment) Act 2000

s. 6 Act No. 94/2000

registration of the nurse and specify in the endorsement the category or categories of nurse practitioner recognised by the Board with respect to which the nurse practitioner is qualified to use the title.

(2) If the Board is satisfied that a registered

satisfactorily completed a course of study
which, in the opinion of the Board, qualifies
the nurse to obtain and have in her or his
possession and to use, sell or supply the

nurse referred to in sub-section (1) has meaning of the Drugs, Poisons and Controlled Substances Act 1981 that are prescribed under that Act with respect to a category of nurse practitioner, the Board may endorse the registration of the nurse with that category of nurse practitioner.

(3) An applicant for registration as a nurse under

Division 1, 3 or 4 of the Register or a nurse registered under Division 1, 3 or 4 of the Register may apply to the Board for an endorsement under this section.

(4) An application must be—

(a) accompanied by evidence of the
qualifications and clinical experience

in writing in the prescribed form and or him for the endorsement applied for; and

(b) accompanied by the fee determined by the Board.

Nurses (Amendment) Act 2000

Act No. 94/2000 s. 7

(5) The Board—

(a)

may require the applicant to provide respect of the application; and

(b) may require that the information in the application be verified by a declaration under section 107 of the Evidence Act 1958.

(6) The Board must ensure that, if any category of nurse practitioner is recognised by the Board for the purposes of endorsement of registration as a nurse practitioner under this

section, the category of nurse practitioner is
notified in the Government Gazette and in
any relevant publication circulating among
nurses generally.

(7) The endorsement of the registration of the

nurse or nurse practitioner continues in force
for the period that the registration is in
force.".

7. Conditions, limitation or restrictions on endorsement

In section 9 of the Nurses Act 1993 after
"registration" (where three times occurring) insert
"or endorsement of registration".

8.  Entitlement of applicant for endorsement to make submissions

In section 10 of the Nurses Act 1993—

(a)	after "registration" insert "or endorsement of registration";
(b)	for "on an application" substitute "on the registration or endorsement of registration".

Nurses (Amendment) Act 2000

s. 9 Act No. 94/2000

9. Notification about endorsement

In the Nurses Act 1993—

(a) in section 11(1) after "registration" (where twice occurring) insert "or endorsement of registration";

(b) in section 11(2) after paragraph (b) insert—

"; or

(c)	if the endorsement of registration has been granted—
(i)

the category of nurse practitioner endorsed for; and

(ii)  whether or not any conditions, limitations or restrictions have been imposed on the endorsement

of registration and, if so, the
reasons for imposing the
conditions, limitations or
restrictions; or

(d) if the endorsement of registration has not been granted—

(i)  the reasons why it has not been granted; and

(ii)  a statement that the applicant has a right to obtain a review of the decision not to grant endorsement of registration.".

10. Application for renewal of endorsement

After section 13(1A) of the Nurses Act 1993 insert—

Nurses (Amendment) Act 2000

Act No. 94/2000 s. 11

"(1B) If an application for renewal relates to a

registration that is endorsed under
section 8B, the applicant may include an
application to have the endorsement of
registration renewed for the period of
registration.".

11. New section 13A inserted

After section 13 of the Nurses Act 1993 insert—

"13A. Restoration of name to register

If a person whose name has been removed from the register under section 13(3)—

(a)	applies to the Board within 2 years from the date of that removal to have her or his name restored to the register and the renewal of the registration; and
(b)	pays to the Board the fee fixed by the Board for those purposes within that period—

the Board may restore that person's name to
the register and renew the registration in
accordance with this Part until 31 December

next following that renewal.".

12. Refusal to renew registration or endorsement

At the end of section 14 of the Nurses Act 1993
insert—

"(2) The Board must not refuse to renew the

registration of a nurse under sub-section

(1)(b) unless the Board has—

(a) notified the nurse of its intention; and

(b) given the nurse an opportunity to make a submission to the Board or to provide written submissions from any registered nurse about the nurse's nursing

Nurses (Amendment) Act 2000

s. 13	Act No. 94/2000
experience or competence in nursing; and

(c) considered those submissions.".

13. New section 14A inserted

After section 14 of the Nurses Act 1993 insert—

"14A. Special qualifications or training

(1) The Board, from time to time, may recognise

any qualification or training that the Board
considers to be relevant to the practise of
nursing in addition to those approved for
registration.

(2) An applicant for registration or a registered

person may apply to the Board to have
particulars of any qualification or training
that is recognised by the Board, in addition
to those approved for registration, noted on
the register against the name of that nurse.

(3) An application must be in writing and be

accompanied by the fee (if any) for the
application fixed by the Board together with
evidence of the qualifications or training that
the applicant wants to have noted on the
register in addition to the qualifications
approved for registration purposes.

(4) The Board must publish a list of the

qualifications and training recognised under
this section at least once a year in a
publication circulating among nurses
generally and make the list available for
inspection during normal business hours at

the office of the Board without charge.".

14. Effect of suspension of endorsement

Nurses (Amendment) Act 2000

Act No. 94/2000 s. 17

At the end of section 15 of the Nurses Act 1993
insert—
"(2) For the purposes of this Act and the Drugs,

Poisons and Controlled Substances Act 1981, a nurse practitioner whose endorsement of registration is suspended is deemed not to have her or his registration endorsed for the period of that suspension.".

15. Endorsement obtained by fraud

(1) In section 16(1) of the Nurses Act 1993 after "registration" (wherever occurring) insert "or endorsement of registration".

(2) In section 16(4) of the Nurses Act 1993 for

"withdraw" substitute "cancel".

(3) After section 16(4) of the Nurses Act 1993

insert—

"(5) If, at the end of the hearing, the Board

determines that the endorsement of
registration of the nurse has been obtained
by fraud or misrepresentation or that the
qualifications upon which the nurse has
relied for endorsement of registration have
been withdrawn, the Board must cancel the

endorsement of registration of the nurse.".

16. Consequential amendment

For the heading to Division 2 of Part 2 of the

Nurses Act 1993 substitute—

"Division 2—Other requirements".

17. Register and evidence

In the Nurses Act 1993—

Nurses (Amendment) Act 2000

s. 19 Act No. 94/2000

(a) in section 17(3), before paragraph (c) insert—

"(bb) details of any endorsement under

section 8B;";

(b) in section 19 after paragraph (b) insert—

"; or

(c) the registration of the nurse is or is not or was or was not, at any specified date, endorsed under section 8B".

18. Certificates

(1) In section 18(2) of the Nurses Act 1993 after paragraph (b) insert—

"; and

(ba) details of any endorsement under

section 8B;".

(2) After section 18(3) of the Nurses Act 1993

insert—

"(4) If the Board notifies a nurse of any

condition, limitation or restriction it has
imposed on the nurse's registration or
endorsement of registration, the nurse must
return the current certificate of registration to
the Board within 28 days of that notice for
notation of that condition, limitation or

restriction on the certificate.

Penalty: 10 penalty units.".

19. New section 19A inserted

After section 19 of the Nurses Act 1993, insert—

Nurses (Amendment) Act 2000

Act No. 94/2000

"19A. Provision of information

(1) If a person has claimed damages or other

compensation from a registered nurse or the
employer of a registered nurse for alleged
negligence of the registered nurse in the
course of providing nursing care, the nurse
must provide the Board with information
about the amount of damages or other
compensation the nurse or the employer is
ordered by a court to pay within 30 days
after the order is made.

(2) Sub-section (1) does not apply if—

(a)	the amount is less than the amount fixed by the Board for the purposes of this section; or
(b)	the court orders that the terms of the order should not be disclosed.

(3) If a registered nurse has in respect of an indictable offence—

(a) been committed for trial; or

(b) been convicted or found guilty of the offence—

the nurse must notify the Board within
30 days after that committal for trial,
conviction or finding of guilt.

(4) An applicant for registration or renewal of

registration as a nurse must ensure that
details of any of the matters required to be
notified by sub-section (1) or (3) are set out
in the application.

(5) The Board, by notice published in the

Government Gazette, may fix an amount of damages or compensation referred to in this section.".

Nurses (Amendment) Act 2000

s. 20 Act No. 94/2000

20. Complaints

At the end of section 20 of the Nurses Act 1993
insert—

"(2) A person may make a complaint to the Board

about the conduct of a person who is no

longer a registered nurse if—

(a)	that person was a registered nurse at the time when the conduct was alleged to have occurred; and
(b)	the complaint is made within 2 years after the nurse ceased to be registered.

(3) The Board may accept a complaint made

more than 2 years after a nurse ceased to be
registered if the Board considers that it is
necessary to do so to protect the public.".

21. Health Services Commissioner

In section 21(1) of the Nurses Act 1993 for
"about a registered nurse" substitute "referred to

in section 20".

22. New section 24 inserted

For section 24 of the Nurses Act 1993
substitute—

"24. Investigations and hearings on the Board's

motion

(1) The Board, of its own motion, may determine to conduct a preliminary investigation into the professional conduct of

a registered nurse.

(2) The Board, of its own motion, may

determine to conduct a formal or informal hearing into the professional conduct of a registered nurse with or without conducting a
preliminary investigation.

Nurses (Amendment) Act 2000

Act No. 94/2000 s. 23

(3) If the Board determines to conduct a

preliminary investigation into the
professional conduct of a registered nurse
under sub-section (1), sections 22(3) and 23

apply to that investigation.".

23. Suspension of registration

In section 25(1) of the Nurses Act 1993—

(a) for "upon" substitute "after";

(b) in paragraph (a) omit "into a complaint made to the Board".

24. Suspension of endorsement

In section 25(1) and (2) of the Nurses Act 1993 after "registration" insert "or endorsement of registration".

25. Preliminary investigations into health of nurse

In the Nurses Act 1993—

(a)	in section 26 after "members" insert "or an officer employed by the Board";
(b)	in sections 27(1) and 29(1) for "member of the Board" substitute "person".

26. Outcome of preliminary investigation

In section 30(1)(b) and (c) of the Nurses Act
1993 after "registration" insert "or endorsement
of registration".

27.  Request for suspension of registration or endorsement or conditions etc to be imposed

In section 32 of the Nurses Act 1993—

(a) in sub-section (1) after "registration" insert "or endorsement of registration or to suspend

Nurses (Amendment) Act 2000

Act No. 94/2000

the nurse's registration or endorsement of

registration";

(b) in sub-sections (2) and (3) for "the condition" substitute "the suspension or the condition".

28.  Revocation of suspension or conditions etc on endorsement

In section 33 of the Nurses Act 1993 after
"registration" (wherever occurring) insert "or

endorsement of registration".

29. Immediate suspension of endorsement

In section 34 of the Nurses Act 1993 after
"registration" (wherever occurring) insert "or

endorsement of registration".

30. Determinations of informal hearings

In section 41(2) of the Nurses Act 1993, after
paragraph (c) insert—

"(d) that the nurse undertake further education of

the kind stated in the determination and
complete it within the period specified in the

determination.".

31. Panels

(1) In sections 38 and 45 of the Nurses Act 1993, for

sub-section (2) substitute—
"(2) If—

(a)	the Board is unable to appoint a panel because there are not enough members available to sit on it; or
(b)	the Board is of the opinion that a person with special expertise is required for the hearing—

Nurses (Amendment) Act 2000

Act No. 94/2000 s. 32

the President or, in the absence of the vacant positions on the panel by appointing persons who are not members of the Board from a list of persons approved by the Governor in Council under sub-section (4).".

(2) After sections 38(3) and 45(3) of the Nurses Act

1993 insert—
"(4) The Governor in Council, on the

recommendation of the Minister, may panel under sub-section (2).".

approve persons who are not members of the

(3) After section 47(d) of the Nurses Act 1993

insert—

"; and

(e) information that might enable the registered
nurse who is the subject of the hearing to be
identified must not be published or broadcast
prior to the making of a final determination

the panel may determine that any avoid prejudicing the administration of justice or for any other reason in the interests of justice.".

32. Findings and determinations at formal hearings
(1) In section 48(2)(e), (g) and (h) and (5) of the

Nurses Act 1993 after "registration" insert "or endorsement of registration".

(2) In section 49(2)(a) and (b) of the Nurses Act

1993 after "registration" insert "or endorsement
of registration".

33. New section 49A inserted

Nurses (Amendment) Act 2000

Act No. 94/2000

After the heading to Division 4 of Part 3 of the

Nurses Act 1993 insert—

"49A. Investigation may continue even if person

no longer registered

(1) The Board may—

(a)

conduct an investigation into a and make a finding or determination under this Part;

(b) conduct a hearing and make a finding or determination under this Part in relation to a complaint referred to in section 20(2)—

as if the person referred to in that complaint

were a registered nurse.

(2) The Board may—

(a)	conduct or continue to conduct an investigation into the professional conduct of a person who is no longer a
registered nurse but who was a registered nurse at the time the conduct is alleged to have occurred or the Board had determined to conduct an investigation into the conduct and make a finding or determination under this Part;
(b)	hearing and make a finding or determination under this Part in relation

conduct or continue to conduct a registered nurse but who was a registered nurse at the time the Board had determined to conduct the hearing—

as if the person were a registered nurse.".

Nurses (Amendment) Act 2000

Act No. 94/2000 s. 34

34. New section 49B inserted

Before section 50 of the Nurses Act 1993 insert—

"49B. Employees of the Board

If a person employed by the Board under section 77 makes a complaint under this Act, that person must not conduct a preliminary investigation into the matter and is not eligible to be appointed to a panel to conduct a hearing into the matter but otherwise is subject to the provisions of this Act applying to or in relation to complainants.".

35. Removal of suspension, condition or limitation

In section 53(1) and (2) of the Nurses Act 1993 after "registration" insert "or endorsement of registration".

36. Notification of determinations

In section 55(1)(a), (b) and (c) of the Nurses Act 1993, after "registration" insert "or endorsement of registration".

37. Offence to publish information identifying nurse

In section 56A of the Nurses Act 1993—

(a) after paragraph (b) insert—

"; or

(c) if the panel has made a determination prohibiting the publication or broadcast of the identity of the registered nurse prior to the making of a final determination, that nurse to be identified prior to the making of the final determination";

(b) for "or witness" substitute ", witness or nurse".

Nurses (Amendment) Act 2000

s. 38 Act No. 94/2000

38. VCAT

(1) in section 58(1)(a), (b) and (c) of the Nurses Act

1993 after "registration" (wherever occurring)
insert "or endorsement of registration".

(2) In section 59 of the Nurses Act 1993 after "decision"(wherever occurring) insert ", finding".

39. Nurse practitioners

(1) In section 60(1) of the Nurses Act 1993, after paragraph (b) insert—

'; or

(c)	take or use the title of "nurse practitioner" or any other title calculated to induce a belief that the person is a nurse practitioner; or
(d)	claim to be registered under this Act with endorsement as a nurse practitioner or hold herself or himself out as being so registered.'.

(2) At the end of section 62 of the Nurses Act 1993,

insert—
'(2) A registered nurse whose registration is not

endorsed under section 8B must not—

(a) take or use the title of "nurse practitioner" or any other title calculated to induce a belief that the

person is a nurse practitioner; or

(b) claim to be a nurse practitioner or hold herself or himself out as being a nurse practitioner.

Penalty: 50 penalty units.

(3) A registered nurse whose registration is not endorsed under section 8B with respect to a particular category of nurse practitioner must

not—

Nurses (Amendment) Act 2000

Act No. 94/2000 s. 40

(a)	take or use any title calculated to induce a belief that the nurse is a nurse practitioner whose registration is endorsed with respect to that category of nurse practitioner; or
(b)	claim to be a nurse practitioner whose registration is endorsed with respect to that category of nurse practitioner or
hold herself or himself out as being a nurse practitioner whose registration is endorsed with respect to that category of nurse practitioner.

Penalty: 50 penalty units.'.

40. Offence to provide unendorsed nurse practitioners

After section 63(2) of the Nurses Act 1993
insert—

"(3) A nurse's agent must not arrange for a person

who is not a nurse practitioner to work as a
nurse practitioner.
Penalty: 50 penalty units.

(4) A nurse's agent must not arrange for a nurse practitioner to work in contravention of the terms of that nurse practitioner's

endorsement of registration. Penalty: 50 penalty units.".

41. New sections 64A to 64D inserted

After section 64 of the Nurses Act 1993, insert—

"64A. Advertising

(1) A person must not advertise nursing services in a manner which—

(a) is or is intended to be false, misleading or deceptive; or

Nurses (Amendment) Act 2000

Act No. 94/2000

(b)	offers a discount, gift or other inducement to attract patients to a nurse or a nurse's services unless the advertisement also sets out the terms and conditions of that offer; or
(c)

refers to, uses or quotes from or

(d)	creates an unreasonable expectation of beneficial treatment.
Penalty:	50 penalty units for a natural person or 100 penalty units for a body corporate.

(2) If a body corporate contravenes sub-section (1), any person who is concerned in or takes part in the management of that body

corporate who was, in any way, by act or
omission, directly or indirectly, knowingly
concerned in or party to the commission of
the offence also commits an offence under
sub-section (1) and is liable for the penalty
applicable to a natural person for that

offence.

(3) A person who, in good faith, publishes or

prints an advertisement which contravenes sub-section (1) on behalf of another person, is not guilty of an offence under that sub-

section.

(4) Despite section 26 of the Magistrates'

Court Act 1989, proceedings for an offence against this section may be commenced within 3 years after the commission of the alleged offence.

(5) A person who advertises nursing services in
a manner otherwise than in compliance with

Nurses (Amendment) Act 2000

Act No. 94/2000 s. 41

this section is guilty of a continuing offence and may be convicted in respect of each day on which the offence continues.

64B. Advertising guidelines

(1) The Governor in Council may, on the

recommendation of the Board, by notice
published in the Government Gazette, issue
guidelines about the minimum standards
acceptable to the Board for or with respect to
the advertising of nursing services.

(2) The Board must consult with any person
nominated by the Minister in formulating
guidelines for the purposes of this section.

(3) The Board must ensure that any guidelines

that it has formulated for recommendation to
the Governor in Council have been notified
with a request for public comment in the
Government Gazette, a newspaper
circulating generally throughout Victoria and
in any professional magazine, newsletter or
journal circulating amongst nurses in
Victoria at least 60 days before the
recommendation is given to the Governor in

Council.

(4) The Board must have regard to any

comments received pursuant to a notice
under this section in making a

recommendation to the Governor in Council.

(5) The Board must have regard to any

guidelines issued by the Governor in Council
under this section.

Nurses (Amendment) Act 2000

s. 41 Act No. 94/2000

(6) A court may have regard to any guidelines

issued by the Governor in Council under this
section.

64C. Power of the courts to require corrective

advertising

If, on the application of the Minister, a court is satisfied that there has been a contravention of section 64A, the court may make either or both of the following orders—

(a) an order requiring any person involved in the contravention to disclose any information which is in the person's possession or to which the person has access, which is information or of a class of information specified in the order—

(i)  to the public or any person or class of persons specified in the order; and

(ii)  in the manner specified in the order;

(b) in the contravention to publish an
advertisement in the terms specified or

an order requiring any person involved order—

(i) at the expense of the person; and

(ii)  in the manner and at the times specified in the order.

64D. Exemptions

Nothing in section 60 or 62 applies to the giving or performance of any nursing advice,

Nurses (Amendment) Act 2000

Act No. 94/2000 s. 42

service or attendance by a person registered as a nurse under the law in force in another State or Territory or New Zealand—

(a)	in an emergency if no registered nurse is available; or
(b)	if the person is acting in accordance with that registration for the purpose of assisting with tissue removal or transplantation in accordance with the Human Tissue Act 1982; or
(c)	if the person is acting in accordance with that registration for the purpose of assisting with a patient who is being transported into or out of Victoria for medical treatment.".

42. Functions of Board

(1) In section 66(1) of the Nurses Act 1993, after

paragraph (c) insert—
"(ca) to endorse the registration of nurses who

comply with the requirements of this Act as
to endorsement of registration;".

(2) In section 66(1) of the Nurses Act 1993, after

paragraph (e) insert—
"(ea) to determine the categories of nurse

practitioner for the purposes of endorsement
under section 8B;

(eb) to accredit courses of study or recognise

clinical experience that provides competence
for each category of nurse practitioner for
which registration may be endorsed under
section 8B;".

(3) In section 66(1) of the Nurses Act 1993, for

paragraph (h) substitute—

Nurses (Amendment) Act 2000

s. 42 Act No. 94/2000

"(h) to issue and publish codes for the guidance

of registered nurses about standards
recommended by the Board relating to the
practise of nursing;

(ha) to issue and publish guidelines about the

minimum terms and conditions of
professional indemnity insurance for
registered nurses;".

(4) After section 66(3) of the Nurses Act 1993

insert—
"(4) The Board must notify registered nurses

about any codes proposed to be made under sub-section (1)(h) and call for and consider any submissions from registered nurses

about the proposed codes before issuing and
publishing those codes.

(5) In exercising its functions under sub-section

(1)(ea) and (eb) in relation to categories of
nurse practitioner for which a nurse's
registration can be endorsed under section
8B(2), the Board must have regard to the
advice of the nurse practitioner advisory
committee established under section 79.".

43. Membership of the Board

In section 67(2) of the Nurses Act 1993, for
paragraph (a) substitute—

"(a) 9 must be nurses registered under this Act of

whom—

Nurses (Amendment) Act 2000

Act No. 94/2000 s. 44

(i)  one must be registered in Division 1 of the Register;

(ii)  2 must be registered in Division 2 of the Register and at least one of those must be a person who, at the time of nomination, is a person employed in aged care services;

(iii)  one must be registered in Division 3 of the Register or be a registered nurse with qualifications in psychiatric nursing;

(iv)  one must, at the time of nomination, be employed as a director of nursing in a rural or regional hospital;

(v)  one must, at the time of nomination, be employed as a director of nursing in a metropolitan hospital;

(vi)  one must, at the time of nomination, be employed as a charge nurse;

(vii)  one must, at the time of nomination, be employed as a grade 2 clinical nurse specialist;

(viii)  one must, at the time of nomination, be employed as or have experience as a nursing academic or educator; and".

44. New sections 75A and 75B inserted

After section 75 of the Nurses Act 1993 insert—

"75A. Resolutions without meetings

(1) If—

Nurses (Amendment) Act 2000

Act No. 94/2000

(a)	the Board has taken reasonable steps to give notice to each member setting out the terms of a proposed resolution; and
(b)	a majority of the members for the time being sign a document containing a statement that they are in favour of the resolution in the terms set out in the document—

a resolution in those terms is deemed to have
been passed at a meeting of the Board held
on the day on which the document is signed
or, if the members referred to in
paragraph (b) do not sign it on the same day,
on the day on which the last of those
members signs the document.

(2) If a resolution is, under sub-section (1),

deemed to have been passed at a meeting of
the Board, each member must as soon as
practicable be advised of the matter and
given a copy of the resolution.

(3) For the purposes of sub-section (1), 2 or

more separate documents containing a
statement in identical terms, each of which is
signed by one or more members, are deemed
to constitute one document.

(4) The majority of members referred to in sub-

section (1)(b) must not include a member
who, because of section 75, is not entitled to
vote on the resolution.

(5) This section does not apply to any resolution

of the Board relating to a matter being
considered under Part 3.

75B. Approved methods of communication for

Board

Nurses (Amendment) Act 2000

Act No. 94/2000 s. 45

(1) If not less than two-thirds of the members of

the Board for the time being holding office
so agree, a meeting of the Board may be held
by means of a method of communication, or
by means of a combination of methods of
communication, approved by the President
of the Board for the purposes of that
meeting.

(2) For the purposes of this Part, a member of

the Board who participates in a meeting held
as permitted by sub-section (1) is present at
the meeting even if he or she is not
physically present at the same place as
another member participating in the meeting.

(3) This section—

(a)	applies to a meeting or a part of a meeting;
(b)	does not apply to a meeting conducted for the purposes of Part 3.".

45.  Nurse practitioner advisory committee must be established

(1) After section 79(2) of the Nurses Act 1993

insert—

"(3) The Board must establish a nurse practitioner

advisory committee to advise the Board

about the following—

(a)	the categories of nurse practitioner for which a nurse's registration may be endorsed under section 8B(2);
(b)	courses of study that provide competence for each category of nurse

the curriculum, content and standard of be endorsed under section 8B(2);

Nurses (Amendment) Act 2000

s. 45 Act No. 94/2000

(c) experience that provide competence for
each category of nurse practitioner for

the content and standard of clinical under section 8B(2);

(d) practitioners whose registration is

the clinical practice guidelines for nurse practitioner under section 8B(2);

(e) the Schedule 2, 3, 4 and 8 poisons within the meaning of the Drugs, Poisons and Controlled Substances

Act 1981 that nurse practitioners whose registration is endorsed in a category of nurse practitioner under section 8B(2)

should be authorised to obtain and have in her or his possession and use, sell or supply under that Act;

(f)

the requirements for the on-going registration is endorsed in a category of nurse practitioner under section 8B(2).

(4) A nurse practitioner advisory committee may

advise the Board about any other matter
relating to the endorsement of registration of
nurses under section 8B(2) or about nurse
practitioners whose registration is endorsed
under that sub-section.".

(2) At the end of section 80 of the Nurses Act 1993

insert—
"(2) Without limiting sub-section (1), the

members of a committee appointed for the
purposes of section 79(3) must include—

Nurses (Amendment) Act 2000

Act No. 94/2000	s. 45
(a)	a registered medical practitioner with expertise in clinical pharmacology;

(b) unless paragraph (c) applies—

(i) expertise relevant to nurse

a registered nurse with clinical nurse practitioner;

(ii)	a registered medical practitioner with clinical expertise relevant to nurse practitioners or a category of nurse practitioner;
(c)

if the committee is considering a matter nurse practitioner—

(i)	a registered medical practitioner with clinical expertise relevant to that category of nurse practitioner;
(ii)

a registered nurse with clinical of nurse practitioner;

(d) an academic or educator in pharmacology;

(e) a nursing academic or educator.".

46.  New section 88 substituted and sections 88A to 88D inserted

For section 88 of the Nurses Act 1993
substitute—
"88. Identification

Nurses (Amendment) Act 2000
Act No. 94/2000

(1) The Board must issue an identification card

to each person appointed by the Board to
apply for or execute search warrants for the
purposes of this Act.

(2) A person appointed by the Board must, in

the course of performing her or his functions
under this Act, produce her or his
identification card to any person who
requests its production.

88A. Powers of entry with warrant

(1) A person appointed for that purpose by the

Board may apply to a magistrate for the issue of a search warrant in relation to particular premises if that person believes, on reasonable grounds—

(a)	that there is or has been a contravention of this Act or the regulations on the premises; or
(b)	necessary for the purpose of investigating a complaint made under this Act which, if substantiated, may provide grounds for the suspension or

that entry into or onto the premises is endorsement of registration of a nurse.

(2) If a magistrate is satisfied by evidence on

oath, whether oral or by affidavit, that there
are reasonable grounds for suspecting that
there is on the premises a particular thing
that may be evidence of the commission of
an offence against this Act or the regulations
or of grounds for the suspension or
cancellation of the registration or
endorsement of registration of a nurse, the
magistrate may issue a search warrant

Nurses (Amendment) Act 2000

Act No. 94/2000 s. 46

authorising any person named in the

warrant—

(a)	to enter the premises or the part of the premises named or described in the warrant; and
(b)	to search for and seize a thing named or described in the warrant; and
(c)	to bring the thing before the Court so that the matter may be dealt with according to law.

(3) In addition to any other requirement, a

search warrant issued for the purposes of this
section must state—

(a) the offence or grounds of suspension or cancellation suspected; and

(b) the premises to be searched; and

(c)	the name or a description of the thing to be searched for; and
(d)	any conditions to which the warrant is subject; and
(e)	whether entry is authorised to be made at any time or during stated hours; and
(f)	a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.

(4) A search warrant must be issued in

accordance with the Magistrates' Court Act
1989 and in a form prescribed under that

Act.

(5) The rules to be observed with respect to search warrants mentioned in the apply to warrants under this section.

Nurses (Amendment) Act 2000

s. 46 Act No. 94/2000

88B. Announcement before entry

(1) Immediately before executing a search

warrant, a person named in the warrant must announce that he or she is authorised by the warrant to enter the premises.

(2) The person need not comply with sub-

section (1) if she or he believes on
reasonable grounds that immediate entry to
the premises is required to ensure the safety
of any person or that the effective execution
of the search warrant is not frustrated.

88C. Copy of warrant to be given to occupier

If the occupier or another person who apparently represents the occupier is present at premises when a search warrant is being executed, the person or persons named in the warrant must—

(a)	identify themselves to that person by producing their identification card for inspection by that person; and
(b)	give to that person a copy of the execution copy of the warrant.

88D. Copies or receipts to be given

(1) If a person seizes—

(a)	a document, disk or tape or other thing that can be readily copied; or
(b)	a storage device the information in which can be readily copied—

under a warrant the person, on request by the
occupier, must give a copy of the thing or

Nurses (Amendment) Act 2000

Act No. 94/2000 s. 47

information to the occupier as soon as
practicable after the seizure.

(2) If a person seizes a thing under a warrant and

has not provided a copy of the thing or
information under sub-section (1) the person
must provide a receipt for that thing as soon
as practicable after the seizure.".

47. Regulations

In section 93(1)(a) of the Nurses Act 1993, after
"registration" (wherever occurring) insert "or
endorsement of registration".

48. New definition inserted in Drugs, Poisons and Controlled Substances Act 1981

See:

In section 4(1) of the Drugs, Poisons and	Act No.
Controlled Substances Act 1981 insert the	9719. Reprint No. 5
following definition—	as at 31 December
' "nurse practitioner" means a nurse practitioner within the meaning of the Nurses Act 1993	1998
and amending
whose registration has been endorsed in	Act Nos
accordance with section 8B of that Act as	12/1999, 26/1999,
being qualified to obtain and have in her or	18/2000 and
his possession and to use, sell or supply	S.R. Nos 107/1999 and
Schedule 2, 3, 4 or 8 poisons that are	85/2000.
prescribed under this Act;'.	LawToday:
dpc.vic. gov.au

49. Authorisation under Drugs, Poisons and Controlled Substances Act 1981

(1) In section 13(1) of the Drugs, Poisons and

Controlled Substances Act 1981, after
paragraph (b) insert—
"(ba) any nurse practitioner is hereby authorised to

obtain and have in his or her possession and to use, sell or supply any Schedule 2, 3, 4 or 8 poison prescribed in the regulations in

Nurses (Amendment) Act 2000

s. 50 Act No. 94/2000

relation to the category of nurse practitioner
specified in the endorsement of that nurse
practitioner's registration in the lawful
practice of his or her profession as a nurse
practitioner in the category for which he or
she is endorsed; and".

(2) After section 13(2) of the Drugs, Poisons and Controlled Substances Act 1981 insert—

"(2AA) Sub-section (1)(ba) shall not be construed as authorising a nurse practitioner referred to in that paragraph to sell or supply any Schedule 2, 3, 4 or 8 poison by retail in an open shop

unless the nurse practitioner is licensed
under this Act to do so.".

50. Amendments to Drugs, Poisons and Controlled Substances Act 1981 relating to drug-dependent persons

(1) In section 33 of the Drugs, Poisons and

Controlled Substances Act 1981—

(a) in sub-section (1), after "medical practitioner" insert "or nurse practitioner";

(b) in sub-section (2)—

(i) occurring) insert "or nurse practitioner

after "Schedule 9 poison" (where first administer, supply or prescribe any Schedule 8 poison";

(ii)  after "Schedule 9 poison" (where secondly occurring) insert ", or in the case of a nurse practitioner, a Schedule 8 poison,";

Nurses (Amendment) Act 2000

Act No. 94/2000 s. 50

(c) in sub-section (3) after "Schedule 9 poison" insert "or nurse practitioner who has administered, supplied or prescribed any Schedule 8 poison".

(2) In section 33(5) of the Drugs, Poisons and

Controlled Substances Act 1981—

(a) occurring) insert "and a nurse practitioner

after "Schedule 9 poison" (where first Schedule 8 poison";

(b) for paragraphs (a), (b) and (c) substitute— "(a) in the case of—

(i) he or she actually administers,
supplies or prescribes that

a registered medical practitioner, poison for that period; or

(ii) actually administers, supplies or

a nurse practitioner, he or she for that period; or

(b) in the case of—

(i) he or she supplies a quantity or
quantities of a Schedule 8 poison
or Schedule 9 poison to the patient

a registered medical practitioner, the drug for that period; or

(ii) supplies a quantity or quantities of

a nurse practitioner, he or she and instructs the patient to take the drug for that period; or

Nurses (Amendment) Act 2000

s. 50 Act No. 94/2000

(c) in the case of—

(i)	a registered medical practitioner, he or she prescribes for the patient a quantity or quantities of a Schedule 8 poison or Schedule 9 poison which, if taken in accordance with the prescription, would be taken for that period; or
(ii)	prescribes for the patient a quantity or quantities of a Schedule 8 poison which, if taken in accordance with the

a nurse practitioner, he or she that period.".

(3) In section 34(1) of the Drugs, Poisons and

Controlled Substances Act 1981—

(a)	after "registered medical practitioner" insert "or nurse practitioner";
(b)	in paragraph (a) for "to administer" substitute "in the case of a registered medical practitioner, to administer";
(c)	after paragraph (a) insert— "(ab) in the case of a nurse practitioner, to

administer, prescribe or supply any Schedule 8 poison to or for a drug- dependent person; or";

(d) in paragraph (b) for "to administer" substitute "in the case of a registered medical practitioner, to administer";

(e) after paragraph (b) insert—

"; or

(c) in the case of a nurse practitioner, to administer, prescribe or supply any

Nurses (Amendment) Act 2000

Act No. 94/2000	s. 51
Schedule 8 poison to or for any person, other than a drug-dependent person, for a continuous period greater than
8 weeks.".

51. Offences—section 35 of Drugs, Poisons and Controlled Substances Act 1981

(1) After section 35(1) of the Drugs, Poisons and Controlled Substances Act 1981 insert—

"(1A) A nurse practitioner must not at any time

administer, supply or prescribe any Schedule
8 poison to or for any person he or she has
reason to believe to be a drug-dependent
person unless the nurse practitioner holds a
permit issued by the Secretary pursuant to
section 34(1).
Penalty: 100 penalty units.".

(2) After section 35(2) of the Drugs, Poisons and Controlled Substances Act 1981 insert—

"(2AA) A nurse practitioner must not at any time

administer, supply or prescribe any Schedule
8 poison to or for any person, other than a
drug-dependent person, during a continuous
period greater than 8 weeks unless the nurse
practitioner holds a permit issued by the
Secretary pursuant to section 34(1).
Penalty: 100 penalty units.".

(3) In section 35(2A) of the Drugs, Poisons and Controlled Substances Act 1981—

(a)	after "sub-section (2)" insert "or sub-section (2AA)";
(b)	after "medical practitioner" (where first occurring) insert "or a nurse practitioner";
(c)	in paragraph (b) after "medical practitioner" insert "or the nurse practitioner".

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s. 52 Act No. 94/2000

(4) After section 35(3) of the Drugs, Poisons and

Controlled Substances Act 1981 insert—
"(4) A nurse practitioner granted a permit under

this Division must not administer, supply or
prescribe any Schedule 8 poison to or for one
of his or her patients for a continuous

period—

(a)	other than that specified in the permit; or
(b)	in excess of the quantity specified in the permit.

Penalty: 100 penalty units.".

52. Regulations under Drugs, Poisons and Controlled Substances Act 1981

(1) In section 129 of the Drugs, Poisons and Controlled Substances Act 1981—

(a)	in sub-section (1)(a), after "registered optometrists," insert "nurse practitioners,";
(b)	in sub-section (1)(aa) after "registered optometrists," insert "nurse practitioners";
(c)	in sub-section (2) after "registered optometrist," insert "nurse practitioner,".

(2) In section 130 of the Drugs, Poisons and

Controlled Substances Act 1981, for
paragraph (c) substitute—
"(c) as unprofessional conduct within the

meaning and for the purposes of the Nurses
Act 1993.".

(3) After section 132(f) of the Drugs, Poisons and

Controlled Substances Act 1981 insert—
"(g) prescribing the Schedule 2, 3, 4 or 8 poisons

that a nurse practitioner or category of nurse practitioner is authorised to obtain and have

Nurses (Amendment) Act 2000

s. 53

Act No. 94/2000

in his or her possession and to use, sell or
supply;".

(4) In section 132 of the Drugs, Poisons and Controlled Substances Act 1981—

(a)	in paragraph (k) after "medical practitioners," insert "nurse practitioners,";
(b)	in paragraph (q), after "registered optometrist," insert "nurse practitioner,";
(c)	in paragraph (z), after "medical practitioners," insert "nurse practitioners,";
(d)	in paragraph (za), after "medical practitioner," insert "nurse practitioner,";
(e)	in paragraph (zc), after "medical practitioner," insert "nurse practitioner,".

53. Consequential amendments to Chinese Medicine Registration Act 2000

Act No.

In the Schedule to the Chinese Medicine	18/2000.
Registration Act 2000—

(a) in item 4.1—

(i)	for endorse (wherever occurring) substitute "note";
(ii)	for "an endorsement" (wherever occurring) substitute "a notation";

(iii)  for "the endorsement" substitute "the notation";

(b) in items 4.2 and 4.3 for "endorsement" substitute "notation";

(c) in item 4.4 for "endorse" substitute "note".

═══════════════
Nurses (Amendment) Act 2000

Endnotes Act No. 94/2000

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 26 October 2000

Legislative Council: 21 November 2000

The long title for the Bill for this Act was "to make miscellaneous
amendments to the Nurses Act 1993 and to amend the Drugs, Poisons
and Controlled Substances Act 1981 and for other purposes."