Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationsinsert
Schedule 3 Nurses
(see s 4 and sch 1)
3.1 Definitions for sch 3
In this schedule:
"board" means the ACT Nursing and Midwifery Board.
"enrolled" nurse—
(a) means a nurse who is enrolled in accordance with this schedule; and
(b) includes a person enrolled in the specialist area of enrolled nurse (medications).
"nurse practitioner" means a registered nurse registered in the specialty area of nurse practitioner.
"nursing and midwifery regulatory authority" means a regulatory authority established under a corresponding law of a local jurisdiction to regulate nursing, midwifery or both.
"re-entry course" means a course designed to allow a person who has not practised nursing for longer than 10 years, to return to practice.
Note Re-entry courses are generally tertiary courses where the student gets credit for having done a previous nursing degree and for any previous experience.
"refresher course" means a course designed to allow a person who has not practised nursing for 10 years or less, to return to practice.
"register"—
(a) means register other than by enrolment; and
(b) includes register in the specialist area of nurse practitioner.
Note In the Act, register includes enrol (see the Act, dict).
"registered nurse" means a registered nurse other than an enrolled nurse.
Note Under s 4 (3), if a schedule requires or allows something to be approved by a health profession board, the approval must be in writing and is a notifiable instrument, which must be notified under the Legislation Act.
3.2 General area of operation of nursing profession—Act, s 22 (1) (a)
(1) The practice of nursing involves the autonomous and collaborative care of individuals of all ages, families, groups and communities, sick or well and in all settings (including specialist areas).
(2) The practice of nursing includes the following:
(a) the promotion of, and education about, health;
(b) the prevention of illness;
(c) the care of people who are ill or dying and people with disabilities;
(d) advocacy in the interest of—
(i) people who use, or may use, health services; and
(ii) health professionals; and
(iii) nursing;
(e) research to facilitate the implementation of evidence-based health care, innovation and change in practice;
(f) participation in shaping health policy and health systems management;
(g) education and training of nurses and other health care providers by nurses.
3.3 What does enrolment allow?
Enrolment allows the person enrolled to practise nursing under the direct or indirect supervision of a registered nurse.
3.4 Board responsible for assessing courses for nurses etc
(1) The board is responsible for assessing courses for their suitability as educational and training courses for the registration and enrolment of nurses.
(2) The courses included in this schedule have been assessed and approved by the board.
3.5 Qualifications as suitability to practise requirements for registered and enrolled nurses—Act, s 23 (a)
(1) To practise nursing as a registered nurse, a person must—
(a) be a graduate of—
(i) a bachelor of nursing program approved by the board or another nursing and midwifery regulatory authority; or
(ii) a nursing program that is no longer offered if, at the time the person graduated from the program, graduation from the program was a sufficient educational qualification in the ACT to allow the person to be registered as a nurse; or
(iii) a program in a place other than the ACT or a local jurisdiction that the board is satisfied is equivalent to a program mentioned in subparagraph (i); and
(b) have graduated from the course, or practised nursing as a registered nurse, within the 5-year period before the day the person applied for registration.
(2) However, the board may register a person who does not satisfy subsection (1) as a registered nurse if satisfied that the person—
(a) is a graduate of a nursing program in a place other than the ACT or a local jurisdiction; and
(b) has done any other training or further education required to achieve the standard required of registered nurses in the ACT; and
(c) graduated from the course, or finished the training or further education, within the 5-year period before the day the person applied for registration.
(3) To practise nursing as an enrolled nurse, a person must—
(a) be a graduate of—
(i) an enrolled nurse program approved by the board or another nursing and midwifery regulatory authority; or
(ii) an enrolled nursing program that is no longer offered if, at the time the person graduated from the program, graduation from the program was a sufficient educational qualification in the ACT to allow the person to be enrolled as a nurse; and
(b) have graduated from the course, or practised nursing as an enrolled nurse, within the 5-year period before the day the person applied for registration.
(4) However, the board may enrol a person who does not satisfy subsection (3) as an enrolled nurse if satisfied that the person—
(a) is a graduate of an enrolled nursing program in a place other than the ACT or a local jurisdiction; and
(b) has done any other training or further education required to achieve the standard required of enrolled nurses in the ACT; and
(c) graduated from the course, or finished the training or further education, within the 5-year period before the day the person applied for registration.
3.6 Mental and physical health and communication skills as suitability to practise requirements—Act, s 23 (b)
To practise nursing, a person must have—
(a) adequate physical capacity, mental capacity and skill to practise nursing; and
(b) communication skills that allow the person to practise nursing effectively without endangering patients.
Note Under the Act, s 37 (1) (b), the person must have a knowledge of written and spoken English that is adequate to allow the person to practise nursing.
3.7 Specialist areas and suitability to practise requirements—Act, s 23 (c)
(1) A person meets the requirements for registration in the specialist area of nurse practitioner if the person—
(a) is a registered nurse; and
(b) has graduated from a master of nurse practitioner program approved by the board or another nursing and midwifery regulatory authority; and
(c) graduated from the program, or practised nursing in the area of nurse practitioner, within the 5-year period before the day the person applied for registration.
(2) However, the board may register a person who does not satisfy subsection (1) in the specialty area of nurse practitioner if satisfied that the person—
(a) is a registered nurse; and
(b) is a graduate of a program in a place other than the ACT or a local jurisdiction that is substantially equivalent to a master of nurse practitioner program mentioned in subsection (1) (b); and
(c) is entitled to practise nursing as a nurse practitioner (or in a substantially equivalent position) in that place.
(3) A person meets the requirements for enrolment in the specialist area of enrolled nurse (medications) if the person—
(a) is an enrolled nurse; and
(b) has successfully completed a medication practice program approved by the board or another nursing and midwifery regulatory authority; and
(c) successfully completed the program, or has administered medication, within the 5-year period before the day the person applied for enrolment.
(4) However, the board may enrol a person who does not satisfy subsection (3) in the specialty area of enrolled nurse (medications) if satisfied that the person—
(a) is an enrolled nurse; and
(b) is a graduate of a program in a place other than the ACT or a local jurisdiction that is substantially equivalent to a medication practice program mentioned in subsection (3) (b); and
(c) is entitled to practise nursing as an enrolled nurse (or in a substantially equivalent position) in that place; and
(d) can administer medications as required in the ACT.
Example for par (d)
The board may require the person to undergo further training, or an examination, to be satisfied that the person can administer medications as required in the ACT.
Note An example is part of the regulation , is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
3.8 Maintenance and demonstration of continued competence, recency of practice and professional development—Act, s 23 (d)
(1) To demonstrate adequate professional development at the time of application for registration or enrolment, the applicant must, if required by the board, give the board written evidence that the applicant has undertaken at least 30 hours of professional development activities during the 3-year period before the day the applicant applied for registration or enrolment.
(2) To demonstrate continuing competence at the time of application for registration or enrolment, the applicant must, if required by the board, give the board written evidence of the applicant's competence assessed against the board's standards statement.
(3) To demonstrate recency of practice at the time of application for registration or enrolment, the applicant must, if required by the board, give the board—
(a) written evidence that the applicant has practiced as a nurse during the 5-year period before the day the application is made; or
(b) written evidence of the applicant's attendance and satisfactory completion of a refresher or re-entry course approved by the board or another nursing and midwifery regulatory authority; or
(c) other written evidence that demonstrates the applicant's recency of practice.
(4) In this section:
"professional development activity"—an activity is a professional development activity if it complies with a standard about professional development for nurses developed or endorsed under section 131.
3.9 Board membership—Act, s 24
(1) The board is made up of the president and the following people:
(a) 4 elected members;
(b) 4 appointed members.
(2) The elected members must be—
(a) 3 nurses elected by nurses; and
(b) a midwife elected under schedule 4.
(3) The Minister must ensure that the board members appointed (including the president) include the following people:
(a) a registered nurse;
(b) a midwife;
(c) an enrolled nurse;
(d) 2 community representatives who are not entitled to be registered or enrolled.
3.10 Application requirements—Act, s 37 (5) (a)
Note See the note to pt 3.1 about the non-application of this section to people entitled to registration under the Mutual Recognition Act 1992 (Cwlth) and the Trans-Tasman Mutual Recognition Act 1997 (Cwlth).
(1) An application for registration or enrolment as a nurse must be accompanied by each of the following:
(a) an original or certified copy of the applicant's qualification as a nurse;
(b) the original or certified copy of any post-graduate qualifications required for any specialist area the applicant is applying to be registered in;
(c) a recent passport-size photograph of the applicant's head and shoulders, signed by a person before whom a statutory declaration may be made;
Note The Statutory Declarations Act 1959 (Cwlth), s 8 requires a statutory declaration to be made before a prescribed person. The Statutory Declaration Regulations 1993 (Cwlth) prescribes people for that section.
(d) if the applicant is currently registered or enrolled (however described) outside Australia—
(i) the original, or a certified copy, of the applicant's current practising certificate; and
(ii) a statutory declaration to the effect that the applicant has asked the authority (the regulatory authority ) responsible for the registration and enrolment of nurses in the place where the applicant is registered for a certificate of standing about the applicant to be given to the board.
(2) Applicants must personally provide to the board 100 points of evidence of identity as prescribed under the Financial Transaction Reports Regulations 1990 (Cwlth) for general verification.
Example
presentation of a combination of a passport or citizenship certificate or photographic licence (such as a drivers licence), with a social security card, employment ID, a letter from an employer, credit or debit card or Medicare card
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(3) In this section:
"certificate of standing" about an applicant, given by a nursing and midwifery regulatory authority of a place, means a certificate stating—
(a) that the applicant is registered or enrolled in the place; and
(b) whether any condition or restriction applies to the applicant's registration or enrolment; and
(c) if a condition or restriction applies to the registration or enrolment—the condition or restriction.
3.11 Short-term registration—Act, s 37 (5) (b)
(1) This section applies to a person if the person has applied for registration or enrolment as a nurse.
(2) A person (the authorised person ) authorised in writing by the board may, on behalf of the board, register or enrol the person if satisfied that—
(a) if the board were to consider the person's application, it would register or enrol the person unconditionally; and
(b) it is appropriate to register or enrol the person because the board will not meet to consider the application soon.
(3) Registration or enrolment under this section ends on the earlier of—
(a) the day the board decides the application for registration or enrolment; or
(b) 6 months after the day the authorised person registers or enrols the person under this section.
(4) However, if the board decides to register or enrol the person, the registration is taken to have begun on the day the authorised person registered or enrolled the person in accordance with this section.
3.12 Conditional registration of overseas nurses—Act, s 37 (5) (b)
(1) The board may register or enrol a person as a nurse if satisfied that the person—
(a) is a graduate of a nursing course that is not approved under section 3.5 (Qualifications as suitability to practise requirements for registered and enrolled nurses—Act, s 23 (a)); and
(b) needs to be registered or enrolled to do 1 or both of the following:
(i) undertake further education to achieve the standard required of registered or enrolled nurses in the ACT;
(ii) undergo a period of practice under supervision to allow the person to become registered or enrolled in the ACT.
(2) Registration or enrolment in accordance with this section is subject to the condition that the person only practises nursing—
(a) under the supervision of a registered nurse; and
(b) if the person needs to undertake further education—as part of the education.
(3) The board may impose any other condition on the registration or enrolment of the person that it considers appropriate.
3.13 Conditional registration and enrolment for refresher course—Act, s 37 (5) (b)
(1) The board may register a person as a refresher registered nurse if—
(a) the person is or has been a registered nurse; and
(b) the person has not practised nursing as a registered nurse, and has not graduated from a course required for registration as a registered nurse, within the 5-year period before the day the person applied for registration; and
(c) the board is satisfied that the person intends to do 1 or both of the following:
(i) attend a refresher course approved by the board or another nursing and midwifery regulatory authority to become a registered nurse;
(ii) undergo a period of practice under supervision that the board is satisfied is appropriate to allow the person to become registered.
(2) The board may register a person as a refresher nurse practitioner if—
(a) the person is or has been a nurse practitioner; and
(b) the person has not practised nursing as a nurse practitioner, and has not graduated from a course required for registration as a nurse practitioner, within the 5-year period before the day the person applied for registration; and
(c) the board is satisfied that the person intends to do 1 or both of the following:
(i) attend a refresher course approved by the board or another nursing and midwifery regulatory authority to become a nurse practitioner;
(ii) undergo a period of practice under supervision that the board is satisfied is appropriate to allow the person to become registered as a nurse practitioner.
(3) The board may enrol a person as a refresher enrolled nurse if—
(a) the person is or has been an enrolled nurse; and
(b) the person has not practised nursing as an enrolled nurse, and has not graduated from a course required for enrolment as an enrolled nurse, within the 5-year period before the day the person applied for enrolment; and
(c) the board is satisfied that the person intends to do 1 or both of the following:
(i) attend a refresher course approved by the board or another nursing and midwifery regulatory authority to become an enrolled nurse;
(ii) undergo a period of practice under supervision that the board is satisfied is appropriate to allow the person to become enrolled.
(4) Registration or enrolment under this section is subject to the condition that the person only practises as a nurse—
(a) if the person is to attend a refresher course—as part of the refresher course; and
(b) under the supervision of a registered nurse.
3.14 Conditional registration and enrolment not limited
This schedule does not limit when a nurse may be conditionally registered or enrolled or the conditions that may be imposed on registration or enrolment.
3.15 Registration end date—s 120 (b) (i) and s 121 (c)
The registration end date for a certificate of registration or enrolment is 31 March following registration or enrolment.
Schedule 4 Midwives
(see s 4 and sch 1)
4.1 Definitions for sch 4
In this schedule:
"board" means the ACT Nursing and Midwifery Board.
"nursing and midwifery regulatory authority" means a regulatory authority established under a corresponding law of a local jurisdiction to regulate nursing, midwifery or both.
"re-entry course" means a course designed to allow a person who has not practised midwifery for longer than 10 years, to return to practice.
Note Re-entry courses are generally tertiary courses where the student gets credit for having done a previous midwifery degree and for any previous experience.
"refresher course" means a course designed to allow a person who has not practised midwifery for 10 years or less, to return to practice.
4.2 General area of operation of midwifery profession—Act, s 22 (1) (a)
(1) The practice of midwifery involves the autonomous and collaborative care of women during pregnancy, labour, birth and the period after birth and the care of newborns and infants in all settings (including specialist areas).
(2) The practice of midwifery includes the following:
(a) the supervision and care of women during pregnancy, labour and the period after birth;
(b) attending deliveries;
(c) caring for the newborn baby, and the infant, (the baby );
(d) educating women and the community generally in relation to birth and early childhood, for example, by taking antenatal classes or classes that prepare people for parenthood or educating about reproductive or women's health matters;
(e) research to facilitate the implementation of evidence-based health care;
(f) participation in shaping health policy and health systems management;
(g) education of midwives by midwives.
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2) In subsection (1):
"care", of a woman or baby, includes—
(a) taking the preventative measures necessary or desirable for the health and wellbeing of the woman or baby; and
(b) detecting any abnormal condition in the woman or baby; and
(c) obtaining any other necessary or desirable medical assistance for the woman or baby; and
(d) taking emergency measures if other medical assistance is necessary for the woman or baby but not available.
4.3 Board responsible for assessing courses for midwives etc
(1) The board is responsible for assessing courses for their suitability as educational and training courses for the registration of midwives.
(2) The courses included in this schedule have been assessed and approved by the board.
4.4 Qualifications as suitability to practise requirements for midwives—Act, s 23 (a)
(1) To practise as a midwife, a person must—
(a) be a graduate of—
(i) a midwifery program approved by the board or another nursing and midwifery regulatory authority; or
(ii) a program in a place other than the ACT or a local jurisdiction that the board is satisfied is equivalent to a program mentioned in subparagraph (i); and
(b) have graduated from the course, or practised as a midwife, within the 5-year period before the day the person applied for registration.
(2) However, the board may register a person who does not satisfy subsection (1) as a midwife if satisfied that the person—
(a) is a graduate of a midwifery program in a place other than the ACT or a local jurisdiction; and
(b) has done any other training or further education required to achieve the standard required of registered midwives in the ACT; and
(c) graduated from the course, or finished the training or further education, within the 5-year period before the day the person applied for registration.
4.5 Mental and physical health and communication skills as suitability to practise requirements—Act, s 23 (b)
To practise midwifery, a person must have—
(a) adequate physical capacity, mental capacity and skill to practise midwifery; and
(b) communication skills that allow the person to practise midwifery effectively without endangering patients.
Note Under the Act, s 37 (1) (b), the person must have a knowledge of written and spoken English that is adequate to allow the person to practise midwifery.
4.6 Maintenance and demonstration of continued competence, recency of practice and professional development—Act, s 23 (d)
(1) To demonstrate adequate professional development at the time of application for registration, the applicant must, if required by the board, give the board written evidence that the applicant has undertaken at least 30 hours of professional development activities during the 3-year period before the day the applicant applied for registration.
(2) To demonstrate continuing competence at the time of application for registration, the applicant must, if required by the board, give the board written evidence of the applicant's competence assessed against the board's standards statement.
(3) To demonstrate recency of practice at the time of application for registration, the applicant must, if required by the board, give the board—
(a) written evidence that the applicant has practised as a midwife during the 5-year period before the day the application is made; or
(b) written evidence of the applicant's attendance and satisfactory completion of a refresher or re-entry course approved by the board or another nursing and midwifery regulatory authority; or
(c) other written evidence that demonstrates the applicant's recency of practice.
(4) In this section:
"professional development activity"—an activity is a professional development activity if it complies with a standard about professional development developed or endorsed under section 131.
4.7 Board membership—Act, s 24
(1) The board is made up as prescribed under schedule 3.
(2) The elected members must include a midwife elected by midwives under this schedule.
4.8 Application requirements—Act, s 37 (5) (a)
Note See the note to pt 3.1 about the non-application of this section to people entitled to registration under the Mutual Recognition Act 1992 (Cwlth) and the Trans-Tasman Mutual Recognition Act 1997 (Cwlth).
(1) An application for registration as a midwife must be accompanied by each of the following:
(a) an original or certified copy of the applicant's qualification as a midwife;
(b) a recent passport-size photograph of the applicant's head and shoulders, signed by a person before whom a statutory declaration may be made;
Note The Statutory Declarations Act 1959 (Cwlth), s 8 requires a statutory declaration to be made before a prescribed person. The Statutory Declaration Regulations 1993 (Cwlth) prescribes people for that section.
(c) if the applicant is currently registered (however described) outside Australia—
(i) the original, or a certified copy, of the applicant's current practising certificate; and
(ii) a statutory declaration to the effect that the applicant has asked the authority (the regulatory authority ) responsible for the registration of midwives in the place where the applicant is registered for a certificate of standing about the applicant to be given to the board.
(2) Applicants must personally provide to the board 100 points of evidence of identity as prescribed under the Financial Transaction Reports Regulations 1990 (Cwlth) for general verification.
Example
presentation of a combination of a passport or citizenship certificate or photographic licence (such as a drivers licence), with a social security card, employment ID, a letter from an employer, credit or debit card or Medicare card
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(3) In this section:
"certificate of standing" about an applicant, given by a nursing and midwifery regulatory authority of a place, means a certificate stating—
(a) that the applicant is registered in the place; and
(b) whether any condition or restriction applies to the applicant's registration; and
(c) if a condition or restriction applies to the registration—the condition or restriction.
4.9 Short-term registration—Act, s 37 (5) (b)
(1) This section applies to a person if the person has applied for registration as a midwife.
(2) A person (the authorised person ) authorised in writing by the board may, on behalf of the board, register the person if satisfied that—
(a) if the board were to consider the person's application, it would register the person unconditionally; and
(b) it is appropriate to register the person because the board will not meet to consider the application soon.
(3) Registration under this section ends on the earlier of—
(a) the day the board decides the application for registration; or
(b) 6 months after the day the authorised person registers the person under this section.
(4) However, if the board decides to register the person, the registration is taken to have begun on the day the authorised person registered the person in accordance with this section.
4.10 Conditional registration of overseas midwives—Act, s 37 (5) (b)
(1) The board may register a person as a midwife if satisfied that the person—
(a) is a graduate of a midwifery course that is not approved under section 4.4 (Qualifications as suitability to practise requirements for midwives—Act, s 23 (a)); and
(b) needs to be registered to do 1 or both of the following:
(i) undertake further education to achieve the standard required of registered midwives in the ACT;
(ii) undergo a period of practice under supervision to allow the person to become registered in the ACT.
(2) Registration in accordance with this section is subject to the condition that the person only practises midwifery—
(a) under the supervision of a midwife; and
(b) if the person needs to undertake further education—as part of the education.
(3) The board may impose any other condition on the registration of the person that it considers appropriate.
4.11 Conditional registration for refresher course—Act, s 37 (5) (b)
(1) The board may register a person as a refresher midwife if—
(a) the person is or has been a midwife; and
(b) the person has not practised as a midwife, and has not graduated from a course required for registration as a midwife, within the 5-year period before the day the person applied for registration; and
(c) the board is satisfied that the person intends to do 1 or both of the following:
(i) attend a refresher course approved by the board or another nursing and midwifery regulatory authority to become a midwife;
(ii) undergo a period of practice under supervision that the board is satisfied is appropriate to allow the person to become a midwife.
(2) Registration under this section is subject to the condition that the person only practises as a midwife—
(a) if the person is to attend a refresher course—as part of the refresher course; and
(b) under the supervision of a midwife.
4.12 Conditional registration not limited
This schedule does not limit when a midwife may be conditionally registered or the conditions that may be imposed on registration.
4.13 Registration end date—s 120 (b) (i) and s 121 (c)
The registration end date for a certificate of registration is 31 March following registration.