National Health (Eligible midwives) Determination 2010

Administered by Department of Health, Disability and Ageing

Legislation au F2010L01509 Not in force Legislative Instrument

Legislation content

National Health (Eligible midwives) Determination 2010

made under subsection 84AAE(3) of the

National Health Act 1953

Compilation No. 1

Compilation date: 1 January 2017

Includes amendments up to: F2016L01962

 

About this compilation

 

This compilation

This is a compilation of the National Health (Eligible midwives) Determination 2010 that shows the text of the law as amended and in force on 1 January 2017 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

 

 

Contents

1 Name of Determination

3 Definitions

4 Requirements to be an eligible midwife (1 January 2017 to 30 June 2018)

5 Requirements to be an eligible midwife (beginning 1 July 2018)

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

 

1 Name of Determination

  This Determination is the National Health (Eligible midwives) Determination 2010.

3 Definitions

  In this Determination:

Act means the National Health Act 1953.

Board means the Nursing and Midwifery Board of Australia.

endorsed by the Board means endorsed by the Board under section 94 of the National Law to prescribe schedule 2, 3, 4 and 8 medicines and to provide associated services required for midwifery practice in accordance with relevant state and territory regulation.

National Law means:

  1.    for a State or Territory other than Western Australia, the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 (Qld) and adopted (with or without modifications) by legislation of that State or Territory of Australia as a law of that jurisdiction; and
  2.    for Western Australia, the legislation enacted by the Health Practitioner Regulation National Law (WA) Act 2010 (WA) that corresponds to the Health Practitioner Regulation National Law Act 2009 (Qld).

4 Requirements to be an eligible midwife (1 January 2017 to 30 June 2018)

  1.           This section applies until the end of 30 June 2018.
  2.           For the purposes of the meaning of eligible midwife in subsection 84AAE (3) of the Act, the person must meet the requirements that are specified in subsection (3) or the requirements that are specified in subsection (4).
  3.           The person must:
  1.           have current general registration as a midwife in Australia with no restrictions on practice;
  2.           have midwifery experience that constitutes the equivalent of 3 years full‑time post initial registration as a midwife;
  3.           have current competence, as recognised by the Board, to provide pregnancy, labour, birth and post natal care to women and their infants;
  4.           have successfully completed a professional practice review program approved by the Board for midwives working across the continuum of midwifery care;
  5.           have undertaken 20 additional hours per year of continuing professional development relating to the continuum of midwifery care;
  6.            have either successfully completed, or provided a formal undertaking to the Board that they will complete within 18 months of recognition as an eligible midwife:
    1.             an accredited and approved program of study determined by the Board to develop midwives’ knowledge and skills in prescribing, or
    2.          a program, recognised by the Board, that is substantially equivalent to such an approved program of study; and
  7.           not be, or not have been at any time after 1 January 2017, endorsed by the Board.
    1.           The person must be endorsed by the Board.

5 Requirements to be an eligible midwife (beginning 1 July 2018)

  1.           This section applies beginning on 1 July 2018.
  2.           For the purposes of the meaning of eligible midwife in subsection 84AAE (3) of the Act, the person must meet the requirements that are specified in subsection (3).
  3.           The person must be endorsed by the Board.

 

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

 

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

 

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

PB 117 of 2016

15 December 2016 (F2016L01962)

1 January 2017

—

 

 

 

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2

s 3

rep LA s 48D

am F2016L01962

s 4

rs F2016L01962

s 5

ad F2016L01962

 

 

Overview

The National Health (Eligible midwives) Determination 2010, made under the authority of the National Health Act 1953, was introduced to address the need for a clear framework specifying the qualifications and requirements for midwives to be eligible to participate in the National Health Scheme. This legislative instrument delineates the criteria that must be met by midwives to qualify as eligible under the scheme, ensuring they meet certain professional standards and have the necessary experience and education. The determination was enacted by the Commonwealth of Australia and aims to maintain the quality of health services provided by midwives. The determination specifies two sets of requirements for eligible midwives, one applying until 30 June 2018 and another beginning on 1 July 2018, reflecting changes in the criteria over time.

Scope and Application

The National Health (Eligible midwives) Determination 2010, made under the National Health Act 1953, delineates the criteria and requirements for an individual to be recognised as an eligible midwife for the purposes of the Act. This Determination applies to individuals who wish to be recognised as eligible midwives and sets out the specific qualifications, experience, and endorsement requirements necessary for such recognition. This Determination applies until the end of 30 June 2018, after which only the requirements specified in subsection (3) apply, and the individual must be endorsed by the Nursing and Midwifery Board of Australia. The requirements include having current general registration as a midwife in Australia with no restrictions on practice, possessing midwifery experience equivalent to three years full-time post initial registration, demonstrating current competence recognised by the Board to provide pregnancy, labour, birth and postnatal care, completing a professional practice review program approved by the Board, undertaking additional continuing professional development, and either completing an accredited program of study in prescribing or providing an undertaking to complete such a program within 18 months of recognition as an eligible midwife. The Determination also specifies that the individual must not be, or have been at any time after 1 January 2017, endorsed by the Board. The Determination applies nationally across Australia, aligning with the regulatory framework established by the National Law. There are no exclusions, exemptions, or thresholds specified in the Determination itself, although the detailed requirements are designed to ensure that only suitably qualified and experienced midwives are recognised as eligible.

Key Provisions

The National Health (Eligible midwives) Determination 2010 (the Determination) specifies the criteria that a midwife must meet to be recognised as an eligible midwife for the purposes of the National Health Act 1953. Specifically, the Determination outlines the requirements for eligibility from 1 January 2017 to 30 June 2018, and from 1 July 2018 onwards. Until 30 June 2018, a midwife must have current general registration with no practice restrictions, three years of full-time midwifery experience post-initial registration, competence in providing pregnancy, labour, birth, and postnatal care, completion of an approved professional practice review program, ongoing continuing professional development, and completion of a specified program of study in prescribing or an equivalent program. Additionally, the midwife must be endorsed by the Nursing and Midwifery Board of Australia and must not have been endorsed after 1 January 2017. From 1 July 2018, the only requirement is endorsement by the Board. Under the Determination, eligible midwives must adhere to the outlined requirements for their recognition and practice within the scope of the National Health Act. These requirements ensure that midwives meet specific professional standards and competencies, which are crucial for providing safe and effective healthcare services. Compliance with these provisions is necessary for midwives to be eligible for recognition and to practice under the Act. Breaching the requirements set out in the Determination can lead to legal consequences. While the Determination itself does not explicitly state the penalties for non-compliance, under the National Health Act, failure to meet the eligibility criteria can result in penalties, including fines and imprisonment. The exact penalties would depend on the specific breach and the provisions of the National Health Act. For example, under section 84AAA of the Act, an individual who provides services without being eligible can be subject to fines and imprisonment. The penalties are intended to enforce compliance with the legislative standards set for the provision of health services.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.