Acts of legislation - nursing

No.

Acts or Legislation

Link Address

Example

Penalty

1.

Health Practitioner Regulation National Law Act, 2009

https://www.legislation.qld.gov.au/view/html/inforce/current/act-2009-045

Part 2, section 4 of the act shows the applicability of the legislation having jurisdiction in Australia and if required can take help of Health Practitioner Regulation National Law (Queensland) which shall be considered to be a part of the act.

Where the person fraudulently portrays himself to be a health practitioner, under Part 7, division 10 and section 196A, the max penalty is $60,000 for individuals and $120,000 for corporations. Depending on the seriousness of the offence, it shall lead to max imprisonment of 3 years. 

2.

Health Practitioner Regulation National Law (Queensland), Health Practitioner Regulation National Law (NSW), Health Practitioner Regulation National Law (Victoria) Act 2009, Health Practitioner Regulation National Law (ACT) Act 2010, Health Practitioner Regulation (National Uniform Legislation) Act 2010, Health Practitioner Regulation National Law (Tasmania) Act 2010, Health Practitioner Regulation National Law (South Australia) Act 2010, Health Practitioner Regulation National Law (WA) Act 2010

https://www.ahpra.gov.au/About-AHPRA/What-We-Do/Legislation.aspx

These laws are applicable in respective states and territories.

3.

National Health Reform Act 2011 (the Act)

https://www.legislation.gov.au/Details/C2016C01050/Html/Text

It depicts the role of the Australian Commission on Safety and Quality in Health Care for devising the National Safety and Quality Health Service Standards 

Item 127 of the Australian Commission on Safety and Quality in Health Care says that where a person of the commission practices insider trading then he shall be liable for imprisonment for 2 years and 120 penalty units[mentioned in S-54A(1)]

4.

The Poison Standard is a legislative instrument act of the Legislative Instrument act 2003

https://www.legislation.gov.au/Details/F2020L00899/Download

Though each state and territory have their laws, it states its decision regarding the categorization of medicines and poisons.

The legislation has to abide by the Australian consumer law policies meaning they have conformed to the health standards as specified in the act

5.

Mental Health Act 1959

https://www.legislation.gov.uk/ukpga/1959/72/pdfs/ukpga_19590072_en.pdf

`This act has its applicability in Australia emphasizing voluntary hospitalization and prefacing de-institutionalization. Rest, there are different state and territorial acts

Offences like forgery, false statements, ill-treatment of patients, etc are penalized under the act from section 125-131.

No.

Field

Description/ Example

Relation with Nursing

1.

Court system

Under statutory legislation, The Nursing Midwifery Board of Australia (NMBA) looks after the nurses and the Health Practitioner Regulation National Law 2009 looks after the midwives.

The act of 2009 gives national minimum standards of competence for registered nurses, enrolled nurses, registered midwives and nurse practitioners.

2.

Civil law

This includes the tortuous liability of medical practitioners like the duty of care and negligence. For eg refusing treatments, giving wrong medications, improper care of their patients etc.

It identifies the legal issues that had affected the client; educate the staff and the practitioners on the nursing policies by conducting workshops, make a report of the client’s conditions like any abuse or neglection or communicable diseases etc.

3.

Common-Law

It is that which is either unwritten or a non-statutory law. One has to abide by this in order to have equity in a country.

In nursing it has major applicability like taking the utmost of the patients, never refusing to treat anyone (Hippocratic oath), etc

4.

Valid consent

In order to treat the patients, it is essential to have their consent to avoid any further complications in the treatment. It must be voluntary and not be malicious.

It is a general practice now to sign a consent form from the patient’s representatives to avoid any future liability on the medical practitioners.

5.

Duty of care

It is what the practitioners have to practice while treating their patients.

While giving any expert medical opinion or undergoing nay operation, the practitioners have performed it with utmost sincerity and not have any callous attitude. If acted otherwise, they shall be liable for negligence.

6.

Vicarious liability

It is a common tort maxim which exuberates the relationship of the employer and employee. An employee is supposed to be working in the legal capacity of the employer. Hence an employer is liable for the conduct of its employee. The only catch to this is that the act of the employee has to be in his office hours and should not be working in his individual capacity.  

In nursing, this maxim is applicable if the medical staff of the hospital or an employer acts negligently and causes hurt to the patients, then that hospital or the employer shall be liable for the misconduct of the employee.