Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts8. Sections 10 to 15 (inclusive) of the Principal Act are repealed and the following Divisions and Division heading substituted:
“10. (1) A person is entitled to be registered as a general nurse if—
(a) the person—
(i) is a graduate of a course of education or training in general nursing offered by an Australian institution, being a course that is accredited by the Board or approved by a registration authority of a State or another Territory; and
(ii) has graduated from that course, or has practised as a general nurse, within the period of 5 years immediately preceding the date of application;
(b) the person—
(i) has completed a course of education or training in a place outside Australia that is substantially equivalent to a course referred to in paragraph (a) and that qualifies the person to practise nursing in that place; and
(ii) has undertaken such further education or training, gained such experience in practising nursing and passed such examinations as the Board requires; or
(c) the person—
(i) has graduated from a course referred to in subparagraph (a) (i) more than 5 years before the date of application;
(ii) has not practised as a general nurse within the period of 5 years immediately preceding the date of application; and
(iii) has undertaken such further education or training and passed such examinations as the Board requires.
“(2) For the purposes of subparagraphs (1) (a) (ii) and (c) (ii), a person shall be taken to have practised as a general nurse within the period of 5 years immediately preceding the date of application if the person has attended and satisfactorily completed a refresher course of education or training in general nursing, being a course that is accredited by the Board or approved by a registration authority of a State or another Territory.
“11. (1) A person who is registered as a general nurse under the law in force in a State, or another Territory, that is a participating jurisdiction within the meaning of the Mutual Recognition Act is entitled to be registered as a general nurse under this Act.
“(2) If the person's registration in the State or other Territory is not subject to any condition or restriction, the person's entitlement to registration under this Act is an entitlement to registration that is not subject to any condition.
“(3) If the person's registration in the State or other Territory is subject to any condition or restriction, the person's entitlement to registration under this Act is an entitlement to registration subject to the conditions to which that registration is subject or conditions appropriate to give effect to any restriction to which that registration is subject.
“12. (1) A person is entitled to be registered as a mental health nurse if—
(a) the person—
(i) is registered, or entitled to be registered, under this Act as a general nurse;
(ii) is a graduate of a course of education or training in mental health nursing offered by an Australian institution, being a course that is accredited by the Board or approved by a registration authority of a State or another Territory; and
(iii) has graduated from that course, or has practised as a general nurse or mental health nurse, within the period of 5 years immediately preceding the date of application;
(b) the person—
(i) is registered, or entitled to be registered, under this Act as a general nurse;
(ii) has completed a course of education or training in a place outside Australia that is substantially equivalent to a course referred to in subparagraph (a) (ii) and that qualifies the person to practise mental health nursing in that place; and
(iii) has undertaken such further education or training, gained such experience in practising mental health nursing and passed such examinations as the Board requires; or
(c) the person—
(i) is registered, or entitled to be registered, under this Act as a general nurse;
(ii) has graduated from a course referred to in subparagraph (a) (ii) more than 5 years before the date of application;
(iii) has not practised as a general nurse or mental health nurse within the period of 5 years immediately preceding the date of application; and
(iv) has undertaken such further education or training and passed such examinations as the Board requires.
“(2) A person is entitled to be registered as a midwife if—
(a) the person—
(i) is registered, or entitled to be registered, under this Act as a general nurse;
(ii) is a graduate of a course of education or training in midwifery offered by an Australian institution, being a course that is accredited by the Board or approved by a registration authority of a State or another Territory; and
(iii) has graduated from that course, or has practised as a general nurse or midwife, within the period of 5 years immediately preceding the date of application;
(b) the person—
(i) is registered, or entitled to be registered, under this Act as a general nurse;
(ii) has completed a course of education or training in a place outside Australia that is substantially equivalent to a course referred to in subparagraph (a) (ii) and that qualifies the person to practise as a midwife in that place; and
(iii) has undertaken such further education or training, gained such experience in practising midwifery and passed such examinations as the Board requires; or
(c) the person—
(i) is registered, or entitled to be registered, under this Act as a general nurse;
(ii) has graduated from a course referred to in subparagraph (a) (ii) more than 5 years before the date of application;
(iii) has not practised as a general nurse or midwife within the period of 5 years immediately preceding the date of application; and
(iv) has undertaken such further education or training and passed such examinations as the Board requires.
“(3) For the purposes of subparagraphs (1) (a) (iii), (c) (iii) and (2) (a) (iii) and (c) (iii), a person shall be taken to have practised as a general nurse, mental health nurse or midwife within the period of 5 years immediately preceding the date of application if the person has attended and satisfactorily completed a refresher course of education or training in general nursing, mental health nursing or midwifery, being a course that is accredited by the Board or approved by a registration authority of a State or another Territory.
“13. (1) A person who is registered as a mental health nurse or midwife in a State, or another Territory, that is a participating jurisdiction within the meaning of the Mutual Recognition Act is entitled to be registered as a nurse of that kind under this Act.
“(2) If the person's registration as a nurse of that kind in the State or other Territory is not subject to any condition or restriction, the person's entitlement to registration as a nurse of that kind under this Act is an entitlement to registration that is not subject to any condition.
“(3) If the person's registration as a nurse of that kind in the State or other Territory is subject to any condition or restriction, the person's entitlement to registration as a nurse of that kind under this Act is an entitlement to registration subject to the conditions to which that registration is subject or conditions appropriate to give effect to any restriction to which that registration is subject.
“14. (1) Where a person is a graduate of a course of education or training in general nursing, mental health nursing or midwifery that is not accredited by the Board or approved by a registration authority of a State or another Territory, the Board may register the person as a general nurse, mental health nurse or midwife on a temporary basis to enable him or her to—
(a) undertake a course of education or training approved by the Board; or
(b) gain experience in practising nursing.
“(2) Where a person—
(a) graduated from a course of education or training in general nursing, mental health nursing or midwifery more than 5 years before the date of application for registration; and
(b) has not practised as a nurse of that kind within the period of 5 years immediately preceding the date of application;
the Board may register the person as a general nurse, mental health nurse or midwife on a temporary basis to enable him or her to undertake a course of education or training approved by the Board.
“(3) The Board may register a person as a general nurse, mental health nurse or midwife for the purpose of enabling the person to fill a teaching or research position if—
(a) the person has qualifications that the Board considers appropriate for that purpose; and
(b) the application is supported in writing by the hospital, professional association, university or other institution by which it is proposed that the person be engaged for that purpose.
“(4) The Board may register a person as a general nurse, mental health nurse or midwife on a temporary basis if it is satisfied that it is in the public interest to do so.
“(5) The Board may impose such conditions on the registration of a person under this section as it considers appropriate.
“15. (1) An applicant for registration as a general nurse, mental health nurse or midwife may be granted interim registration where—
(a) the applicant is entitled to registration as such a nurse under section 10 or 12 but it is not practicable to wait until the Board can consider the application; or
(b) the applicant would be entitled to registration as such a nurse under section 10 or 12 except for the fact that a degree or award to which the applicant is entitled has not yet been conferred or granted by the institution concerned.
“(2) A person authorised by the Board for the purposes of this section may, on payment of the determined fee, grant an applicant for registration interim registration in accordance with this section.
“(3) Interim registration granted to a person under this section remains in force from the time at which it is granted until the person is given notice in writing that the Board has—
(a) granted him or her registration;
(b) refused his or her application for registration; or
(c) cancelled the interim registration.
“(4) The Board may cancel a person's interim registration for any reason that it considers proper and shall immediately give the person notice in writing of the cancellation.
“(5) A person who holds interim registration is for all purposes to be taken to be a registered.
“15A. (1) The Board may impose conditions on a person's registration as a registered nurse if the Board is satisfied that the person suffers from an impairment and the conditions are reasonably required having regard to the impairment.
“(2) Where conditions have been imposed on a person's registration under this section (including conditions imposed on a review under this section), the Board may, if so requested by the person, review the conditions and, if satisfied—
(a) that the person no longer suffers from the impairment; or
(b) that the impairment has lessened;
the Board may alter or remove the conditions or impose new conditions.
“15B. (1) Subject to subsection (3), the Board may refuse an application for registration if—
(a) the applicant has been convicted in the Territory of an offence or has been convicted outside the Territory by a court for or in respect of an act or omission that would, had it taken place in the Territory, have constituted an offence; and
(b) the Board is of the opinion that the conviction renders the person unfit in the public interest to practise nursing.
“(2) The Board shall have regard to the nature of an offence and the circumstances in which it was committed in making a decision under subsection (1).
“(3) Subsection (1) does not apply in relation to a person who is entitled to registration pursuant to the Mutual Recognition Act and who has lodged with the Board a notice under section 19 of that Act.
“15C. (1) Subject to subsection (3), the Board may refuse an application for registration if the applicant's name has been removed from a foreign register of nurses for any reason relating to conduct of the person as a nurse or on any basis relating to the person's physical or mental capacity to practise nursing.
“(2) A person's name shall be taken to have been removed from a foreign register of nurses if it is removed from any register or roll established or kept under any law of a State, another Territory or a place outside Australia providing for the registration, enrolment or licensing of nurses or the authorisation of persons to practise nursing.
“(3) Subsection (1) does not apply in relation to a person who is entitled to registration pursuant to the Mutual Recognition Act and who has lodged with the Board a notice under section 19 of that Act.
“15D. (1) Subject to subsection (3), the Board shall not register a person as a general nurse unless satisfied that the person is competent to practise nursing and is of good character.
“(2) Subject to subsection (4), the Board shall not register a person as a mental health nurse or midwife unless satisfied that the person is competent to practise as a nurse of that kind and is of good character.
“(3) Subsection (1) does not apply in relation to a person who is entitled to registration as a general nurse pursuant to the Mutual Recognition Act and who has lodged with the Board a notice under section 19 of that Act seeking registration as a general nurse.
“(4) Subsection (2) does not apply in relation to a person who is entitled to registration as a mental health nurse or midwife pursuant to the Mutual Recognition Act and who has lodged with the Board a notice under section 19 of that Act seeking registration as such a nurse.
“15E. (1) Subject to subsection (2), where the registration of a person under this Act has been cancelled (otherwise than under section 26A or subsection 26E (2)) or suspended (otherwise than under subsection 40 (2)) the person may not apply for re-registration or termination of the suspension, as the case may be, otherwise than under section 42.
“(2) Subsection (1) does not apply in relation to a person who is entitled to be re-registered pursuant to the Mutual Recognition Act and who has lodged with the Board a notice under section 19 of that Act.
“15F. (1) This section applies to an application for registration as a general nurse, mental health nurse or midwife, other than an application by a person who is entitled to registration as such a nurse pursuant to the Mutual Recognition Act and who lodges with the Board a notice under section 19 of that Act.
“(2) An application for registration to which this section applies shall—
(a) be in a form approved by the Board; and
(b) be accompanied by the determined fee.
“15G. The Board shall consider each application under section 15F and—
(a) register the applicant in accordance with section 17 unconditionally or subject to conditions; or
(b) refuse the application.
“15H. Where a person who is applying for registration as a general nurse, mental health nurse or midwife, otherwise than under the Mutual Recognition Act —
(a) complies with section 15F;
(b) appears personally before the Board or a nominee of the Board in support of his or her application if required by the Board to do so; and
(c) is entitled to registration as such a nurse in accordance with this Act;
the Board shall, subject to this Act, register the person as such a nurse in accordance with section 17.
“15J. A person who applies for registration under this Act pursuant to the Mutual Recognition Act shall pay the determined fee.
“15K. The conditions that the Board may impose on the registration of a person as a general nurse, mental health nurse or midwife at the time of registration include conditions relating to the duration of registration, the aspects of practise in which the person may be engaged and conditions relating to any other matters the Board considers appropriate.