Queensland Numbered Acts Queensland Numbered ActsPart 4--
omit, insert--
'In this part--
application fee see section 79(2)(b)(i).
assessment body means a body recognised by the council as competent to assess standards of nursing education.
information notice, for a decision of the council, means a notice stating the following--
(a) the decision;
(b) the reason for the decision;
(c) that the person to whom the notice is given may appeal against the decision within 28 days;
(d) how the person may appeal against the decision to the District Court;
(e) if the decision is that the accreditation of a nursing course be renewed or cancelled--a direction to return the certificate of accreditation to the council within 14 days.
notice means written notice.
show cause notice see section 83R(1).
show cause period see section 83R(2)(d).
'(1) A person may apply to the council for accreditation of a nursing course.
'(2) The application must--
(a) be in the approved form; and
(b) be accompanied by--
(i) the fee (the application fee) prescribed under a regulation; and
(ii) any other documents, identified in the approved form, the council reasonably requires.
'(3) Information in the application must, if the approved form requires, be verified by a statutory declaration.
'(1) This section applies if the application is made after the day prescribed under a regulation.
'(2) In addition to the application fee, the application must be accompanied by the fee (the late fee) prescribed under a regulation.
'(3) If the council reasonably considers there is insufficient time to adequately consider the application having regard to the proposed commencement day for the nursing course, the council must--
(a) refuse to consider the application; and
(b) refund the application fee and late fee.
'(1) The council may grant the application only if it is satisfied the standard of education offered by the nursing course is sufficient to enable persons undertaking the nursing course to gain the skills and knowledge necessary to competently and safely practise in the area of nursing to which the nursing course relates.
'(2) In deciding the application, the council may have regard to the following--
(a) the duration, structure and content of the nursing course, including theoretical and clinical experience components;
(b) the nature of the assessment, and supervision, of students by teaching staff to take place under the nursing course;
(c) the status of the nursing course under another Act;
(d) the resources and facilities that will be available under the nursing course;
(e) the management, staffing and record-keeping policies and practices of the school of nursing that will conduct the nursing course;
(f) the advice and recommendation of an assessment body.
'(1) This section applies if an assessment body, honestly and on reasonable grounds, gives advice, or makes a recommendation, to the council under section 81(2)(f).
'(2) A discloser is not liable, civilly, criminally or under an administrative process, for disclosing information contained in the advice or recommendation.
'(3) Without limiting subsection (2)--
(a) in a proceeding for defamation, the discloser has a defence of absolute privilege for publishing the disclosed information; and
(b) if the discloser would otherwise be required to maintain confidentiality about the disclosed information under an Act or oath, or a rule of law or practice, the discloser--
(i) does not contravene the Act, oath, rule of law or practice by disclosing the information; and
(ii) is not liable to disciplinary action for disclosing the information.
'(4) In this section--
discloser means any of the following--
(a) an assessment body that gives advice, or makes a recommendation, under section 81(2)(f);
(b) all the members of that assessment body;
(c) each of the members of that assessment body.
'(1) This section applies if the council reasonably considers further information or a document is required to decide the application.
'(2) The council may, by notice given to the applicant within the period prescribed under a regulation, require the applicant to give the council the further information or document within the period stated in the notice.
'(3) The period stated in the notice must not be less than the period prescribed under a regulation.
'(4) The applicant is taken to have withdrawn the application if the applicant does not comply with the requirement.
'(1) The council must consider the application and decide to accredit, or refuse to accredit, the nursing course.
'(2) If it decides to accredit the nursing course, the council must as soon as practicable issue an accreditation certificate for the nursing course to the applicant.
'(3) If it decides to refuse to accredit the nursing course, the council must as soon as practicable give the applicant an information notice about the decision.
'If the council fails to decide the application within the period prescribed under a regulation, the council is taken to have decided to refuse to accredit the nursing course.
'The period of accreditation that is to apply to a nursing course is the period, not more than 5 years, stated in the accreditation certificate for the nursing course.
'It is a condition of the accreditation of an accredited nursing course that the holder of the certificate of accreditation--
(a) allows an inspector to enter, at any reasonable time, a place to examine the holder's operation for the nursing course at the place; and
(b) complies with all reasonable requests by an inspector to inspect a document--
(i) relevant to the nursing course; or
(ii) necessary to establish the standard at which the course is being conducted;
for the purpose of the council considering whether the nursing course and the way of delivering it comply with the accreditation.
'(1) The council may decide to accredit a nursing course subject to the conditions that are relevant and reasonable.
Example of a condition the council may decide to impose on the accreditation of a nursing course--
The nursing course is not to commence until it is also accredited under the Higher Education (General Provisions) Act 2003.
'(2) If the council decides to accredit a nursing course subject to conditions it must as soon as practicable give the applicant an information notice about the decision.
'(1) An accreditation certificate for a nursing course must be in the approved form.
'(2) The approved form must provide for the inclusion of the following--
(a) the name of the nursing course;
(b) the name of the holder of the certificate;
(c) the period of accreditation;
(d) the name and address of the school of nursing conducting the nursing course;
(e) any conditions imposed on the accreditation, other than the condition under section 83D.
'(1) The holder of an accreditation certificate for a nursing course may apply to the council for approval of a variation of the accredited nursing course.
'(2) The application must--
(a) be in the approved form; and
(b) be accompanied by--
(i) the fee prescribed under a regulation; and
(ii) any other documents, identified in the approved form, the council reasonably requires.
'(3) An application for approval of a variation of an accredited nursing course may not be made during the following periods--
(a) the period between the day prescribed under section 83L(2)(c) and the day the period of accreditation ends;
(b) the period between the day an application for renewal of the accreditation is made and the day a decision is made under section 83O about the application;
(c) the period between the day a show cause notice has been given to the holder of the accreditation certificate and the day the holder has been given a notice under section 83T(3) that no further action is to be taken about the show cause notice.
'(1) This section applies if the council reasonably considers further information or a document is required to decide the application.
'(2) The council may, by notice given to the applicant, require the applicant to give the council the further information or document within the reasonable period stated in the notice.
'(3) The applicant is taken to have withdrawn the application if the applicant does not comply with the requirement.
'(1) The council must consider the application and approve, or refuse to approve, the variation of the accredited nursing course.
'(2) In making its decision, the council may have regard to the matters to which the council may have regard in deciding whether to accredit a nursing course.6
'(3) If, under subsection (2), the council receives advice or a recommendation from an assessment body, section 82 applies to the disclosure of information contained in the advice or recommendation as if the advice or recommendation had been given or made under section 81(2)(f).
'(4) Without limiting subsection (2), the council must refuse to approve the variation of the accredited nursing course if the council reasonably considers--
(a) the proposed variation would change the character of the nursing course to the extent that it would no longer be the accredited nursing course; or
(b) the proposed variation is within the scope of the accredited nursing course.
'(5) If it decides to refuse to approve the variation of the accredited nursing course, the council must as soon as practicable give the applicant an information notice about the decision.
'(6) If it decides to approve the variation of the accredited nursing course, the council must as soon as practicable give the applicant a notice about the decision.
'(7) The approval of the variation of the accredited nursing course takes effect from the day the holder of the accreditation certificate receives the notice.
'If the council fails to decide the application within the period prescribed under a regulation, the failure is taken to be a decision by the council to refuse to approve the variation of the accredited nursing course.
'(1) This section applies if--
(a) the council refuses under section 83I(4) to approve a variation of an accredited nursing course; or
(b) the council is taken, under section 83J, to have decided to refuse to approve a variation of an accredited nursing course.
'(2) The council must refund the fee paid under section 83G(2)(b)(i) for the application.
'(1) The holder of an accreditation certificate for a nursing course may apply to the council for the renewal of the accreditation.
'(2) The application must--
(a) be in the approved form; and
(b) be accompanied by--
(i) the fee prescribed under a regulation; and
(ii) any other documents, identified in the approved form, the council reasonably requires; and
(c) be given to the council not later than the day prescribed under a regulation.
'(3) Information in the application must, if the approved form requires, be verified by a statutory declaration.
'(1) This section applies if the council reasonably considers further information or a document is required to decide the application.
'(2) The council may, by notice given to the applicant within the period prescribed under a regulation, require the applicant to give the council the further information or document within the period stated in the notice.
'(3) The period stated in the notice must not be less than the period prescribed under a regulation.
'(4) The applicant is taken to have withdrawn the application if the applicant does not comply with the requirement.
'(1) If an application is made under section 83L, the accreditation is taken to continue in force from the day that it would, apart from this section, have expired until the application is decided under section 83O or taken to have been withdrawn under section 83M(4).
'(2) However, if the application is refused, the accreditation continues in force until the information notice for the decision is given to the applicant.
'(3) Subsection (1) does not apply if the accreditation is earlier cancelled.
'(1) The council must consider the application and renew, or refuse to renew, the accreditation.
'(2) In making its decision, the council may have regard to the matters to which the council may have regard in deciding whether to accredit the nursing course.7
'(3) If, under subsection (2), the council receives advice or a recommendation from an assessment body, section 82 applies to the disclosure of information contained in the advice or recommendation as if the advice or recommendation had been given or made under section 81(2)(f).
'(4) If it decides to refuse to renew the accreditation, the council must as soon as practicable give the applicant an information notice about the decision.
'(5) If it decides to renew the accreditation, it must as soon as practicable--
(a) endorse the existing accreditation certificate for the nursing course; or
(b) cancel the existing certificate and issue another accreditation certificate for the nursing course.
'If the council fails to decide the application within the period prescribed under a regulation, the failure is taken to be a decision by the council to refuse to renew the accreditation of the nursing course.
'(1) The accreditation for a nursing course may be cancelled, under this division, on the ground that--
(a) the holder of the accreditation has contravened a condition of the accreditation; or
(b) the nursing course is no longer being conducted in accordance with the accreditation; or
(c) it is otherwise no longer appropriate for the nursing course to continue to be accredited.
'(2) For forming a belief that the ground exists under subsection (1)(b), the council may have regard to the matters to which the council may have regard in deciding whether to accredit a nursing course.8
'(3) If, under subsection (2), the council receives advice or a recommendation from an assessment body, section 82 applies to the disclosure of information contained in the advice or recommendation as if the advice or recommendation had been given or made under section 81(2)(f).
'(4) The accreditation of a nursing course may not be cancelled on the ground the nursing course is no longer being conducted in accordance with the accreditation if--
(a) the ground is based on a variation in the accredited nursing course for which an application for approval was made under section 83G by the holder of the accreditation; and
(b) the council refused under section 83I(4)(b) to grant the application.
'(1) If the council believes a ground exists to cancel the accreditation for a nursing course, the council must before taking action to cancel the accreditation give the holder of the accreditation certificate for the nursing course a notice (a show cause notice).
'(2) The show cause notice must state the following--
(a) that the council proposes to cancel the accreditation under this division;
(b) the ground for the proposed cancellation;
(c) an outline of the facts and circumstances forming the basis for the ground;
(d) an invitation to the holder to show within a stated period (the show cause period) why the council should not cancel the accreditation.
'(3) The show cause period must be a period that is at least the period prescribed under a regulation.
'(1) The holder of the accreditation certificate may make written submissions about the show cause notice to the council in the show cause period.
'(2) The council must consider all written submissions made under subsection (1).
'(1) This section applies if, after considering the submissions about the show cause notice, the council no longer believes the ground exists to cancel the accreditation.
'(2) The council must not take any further action about the show cause notice.
'(3) The council must give the holder of the accreditation certificate notice that no further action is to be taken about the show cause notice.
'(1) This section applies if, after considering the submissions about the show cause notice, the council--
(a) still believes the ground exists to cancel the accreditation; and
(b) believes cancellation of the accreditation is warranted.
'(2) This section also applies if there are no submissions under section 83S(1).
'(3) The council may decide to cancel the accreditation.
'(4) If the council decides to cancel the accreditation, it must as soon as practicable give an information notice about the decision to the holder of the accreditation certificate.
'(5) The decision takes effect on--
(a) the day the information notice is given to the holder; or
(b) if a later day of effect is stated in the information notice, the later day.
'(1) This section applies if the council decides to cancel the accreditation for a nursing course and gives an information notice for the decision to the holder of the accreditation certificate.
'(2) The holder must return the accreditation certificate for the nursing course to the council within 14 days after the decision to cancel the accreditation takes effect under section 83U(5), unless the holder has a reasonable excuse.
Maximum penalty--10 penalty units.
'(1) A person must not advertise that the person is willing or able to provide an accredited nursing course unless the course is accredited under this part.
Maximum penalty--10 penalty units.
'(2) A person must not do any of the following in relation to a course purporting to be an accredited nursing course or a recognised nursing course if the course is not an accredited nursing course or recognised nursing course--
(a) enrol, or cause another person to enrol, a person in the course;
(b) offer to enrol, or enter into an agreement to enrol, a person in the course;
(c) collect, or accept, a fee for enrolling a person in the course;
(d) invite a person to enrol in the course.
Maximum penalty--10 penalty units.
'(3) In this section--
recognised nursing course means a course that provides a qualification that is recognised under section 77(3) by the council.
'(1) The holder of the accreditation certificate for a nursing course may surrender the accreditation by notice given to the council.
'(2) The surrender takes effect--
(a) on the day the notice is given to the council; or
(b) if a later day of effect is stated in the notice, on the later day.
'(3) The holder must return the accreditation certificate for the nursing course to the council within 14 days after the day the surrender takes effect, unless the holder has a reasonable excuse.
Maximum penalty--10 penalty units.
'(1) The holder of the accreditation certificate for a nursing course may apply in writing to the council for the replacement of the certificate if it has been lost, stolen, destroyed or damaged.
'(2) The council must consider the application and either grant, or refuse to grant, the application.
'(3) The council may grant the application only if the council is satisfied the certificate has been lost, stolen or destroyed, or damaged in a way to require its replacement.
'(4) If the council grants the application, the council must, on payment of the fee prescribed under a regulation, issue another certificate to the applicant to replace the lost, stolen, destroyed or damaged certificate.
'(5) If the council refuses to grant the application, the council must as soon as practicable give the applicant an information notice about the decision.'.