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This is a Bill, not an Act. For current law, see the Acts databases.
NURSES AMENDMENT BILL 2003
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Health)
Nurses
Amendment Bill 2003
Contents
Page
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Health)
Nurses Amendment Bill
2003
A Bill for
An Act to amend the Nurses Act 1988
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Nurses Amendment Act 2003.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Nurses Act 1988.
4 Interpretation
for ActSection 3 (1), definition of
enrolled nurse
substitute
enrolled nurse means a person who is, or is deemed to be,
enrolled as a nurse or mothercraft nurse.
Note A person may be deemed under the Mutual Recognition
(Australian Capital Territory) Act 1992 to be enrolled.
5 Section
3 (1), definition of registered nurse
substitute
registered nurse means a person who is, or is deemed to be,
registered as a general nurse, mental health nurse, midwife or nurse
practitioner.
Note A person may be deemed under the Mutual Recognition
(Australian Capital Territory) Act 1992 to be registered.
substitute
12 Registration as mental health nurse, midwife or
nurse practitioner
substitute
(3) A person is entitled to be registered as a nurse practitioner
if—
(a) the person—
(i) is registered, or entitled to be registered, under this Act as a
general nurse; and
(ii) is a graduate of a nurse practitioner master of nursing course that
is offered by an Australian institution and either accredited by the board or
approved by a registration authority of a State; and
(iii) graduated from the course, or has practised as a general nurse or
nurse practitioner, within 5 years immediately before the date of application;
or
(b) the person—
(i) is registered, or entitled to be registered, under this Act as a
general nurse; and
(ii) has completed a course of education or training in a place outside
Australia that is substantially equivalent to a course mentioned in paragraph
(a) (ii) and qualifies the person to practise as a nurse practitioner in the
place; and
(iii) has undertaken the further education or training, gained the
experience in practising as a nurse practitioner and passed the examinations
that the board requires; or
(c) the person—
(i) is registered, or entitled to be registered, under this Act as a
general nurse; and
(ii) graduated from a course mentioned in paragraph (a) (ii)
more than 5 years before the date of application; and
(iii) has not practised as a general nurse or nurse practitioner within
5 years immediately before the date of application; and
(iv) has undertaken the further education or training and passed the
examinations that the board requires.
(4) For this section, a person is taken to have practised as a general
nurse, mental health nurse, midwife or nurse practitioner within 5 years
immediately before the date of application if the person has, within the 5
years, attended and satisfactorily completed a refresher course of education or
training in general nursing, mental health nursing, midwifery, or nurse
practitioner nursing, as the case may be, that is accredited by the board or
approved by a registration authority of a State.
substitute
13 Registration as mental health nurse, midwife or
nurse practitioner under mutual recognition principle
substitute
14 Registration at discretion of
board
(1) If a person is a graduate of a course of education or training in
general nursing, mental health nursing, midwifery or nurse practitioner nursing
that is not accredited by the board or approved by a registration authority of a
State, the board may register the person as a general nurse, mental health
nurse, midwife or nurse practitioner on a temporary basis to allow the person
to—
(a) undertake a course of education or training approved by the board;
or
(b) gain experience in practising nursing.
(2) The board may register a person as a general nurse, mental health
nurse, midwife or nurse practitioner on a temporary basis to allow the person to
undertake a course of education or training approved by the board if the
person—
(a) graduated from a course of education or training in general nursing,
mental health nursing, midwifery or nurse practitioner nursing more than 5 years
before the date of application for registration; and
(b) has not practised as a nurse of that kind within 5 years
immediately before the date of application.
(3) The board may register a person as a general nurse, mental health
nurse, midwife or nurse practitioner to allow the person to fill a teaching or
research position if—
(a) the person has qualifications that the board considers appropriate for
the position; 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.
(4) The board may register a person as a general nurse, mental health
nurse, midwife or nurse practitioner on a temporary basis if satisfied that it
is in the public interest to do so.
(5) The board may impose any conditions on the registration of a person
under this section it considers appropriate.
10 Cessation
of registrationSection 33 (1)
(a)
insert
written
before
notice
substitute
(2) A person who is registered as a mental health nurse, midwife or nurse
practitioner ceases to be registered—
(a) if the board gives the person written notice that the person’s
registration as a mental health nurse, midwife or nurse practitioner, or as a
general nurse, has been cancelled under this Act; or
(b) if the registration is conditional and the period of registration is
stated in a condition—when the period ends.
12 Application
of pt 7Section 78 (c)
substitute
(c) the giving or performance of a nursing service by a person who is
undergoing a course of training or supplementary training for section 10 (1)
(a), (b) or (c), 12 (1) (a), (b) or (c), (2) (a), (b) or (c) or (3) (a),
(b) or (c) or 37 (1), if the nursing service is given or performed as part of
the course or supplementary training.
substitute
89 Continuation of certain
registration
A nurse whose registration as a general nurse, mental health nurse, midwife
or infants’ nurse was continued under the Nurses (Amendment) Act
1994, section 36 (a) is taken to be a registered nurse for this
Act.
90 Continuation of certain
enrolment
A nurse whose enrolment as a nurse or mothercraft nurse was continued under
the Nurses (Amendment) Act 1994, section 36 (b) is taken to be an
enrolled nurse for this Act.
91 Expiry of pt 9
This part expires 1 year after the day this section commences.
14 Further
amendments, mentions of mental health nurse or
midwife
omit
mental health nurse or midwife
substitute
mental health nurse, midwife or nurse practitioner
in
• section 13 (1)
• section 15 (1)
• section 19 (2) and (4)
• section 21 (1)
• section 23
• section 25
• section 27
Endnotes
Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2003
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