Nurses and Midwives Act 2006

Western Australia

An Act to —

· provide for the regulation of the practice of nursing and midwifery and the registration of persons as nurses and midwives;

· repeal the Nurses Act 1992;

· make consequential amendments to various Acts,

and for related purposes.

The Parliament of Western Australia enacts as follows:

Part 1 — Preliminary

1. Short title

This is the Nurses and Midwives Act 2006.

2. Commencement

This Act comes into operation on a day fixed by proclamation.

[3-4. Have not come into operation. 2]

[Parts 2‑8 have not come into operation. 2]

[Schedules 1-3 have not come into operation. 2]

Notes

1 This is a compilation of the Nurses and Midwives Act 2006. The following table contains information about that Act 1a.

Compilation table

Short title	Number and year	Assent	Commencement
Nurses and Midwives Act 2006 s. 1-2	50 of 2006	6 Oct 2006	6 Oct 2006

1a On the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.

Provisions that have not come into operation

Short title	Number and Year	Assent	Commencement
Nurses and Midwives Act 2006 s. 3-4, Pt. 2‑8 and Sch. 1-3 2	50 of 2006	6 Oct 2006	To be proclaimed (see s. 2)

2 On the date as at which this compilation was prepared, the Nurses and Midwives Act 2006 s. 3-4, Pt. 2‑8 and Sch. 1-3 had not come into operation. They read as follows:

“

3. Terms used in this Act

In this Act, unless the contrary intention appears —

“application” means an application for registration;

“approved” means approved by the Board in writing;

“Board” means the Nurses and Midwives Board of Western Australia established by section 5;

“certificate of registration” means a certificate of registration issued under section 40;

“committee” means a committee established by the Board under this Act;

“complainant” means a person who lodges a complaint under section 54(1) or (2);

“complaint” means —

(a) a complaint lodged under section 54(1) or (2);

(b) a complaint referred under section 54(3);

(c) a matter the complaints assessment committee has determined under section 54(4) to deal with as if it were a complaint; and

(d) a matter the Board has referred to the impairment review committee under section 63(3);

“complaints assessment committee” means the committee established under section 51;

“condition” includes restriction;

“Corporations Act” means the Corporations Act 2001 of the Commonwealth;

“designated area” means an area designated by the Commissioner of Health under the Poisons Act 1964 section 23(2)(e);

“Director” means the Director of the Office of Health Review under the Health Services (Conciliation and Review) Act 1995;

“disciplinary matter” means a matter referred to in section 49;

“document” includes any tape, disc or other device or medium on which information is recorded or stored;

“enrolled nurse” means a person who is registered as an enrolled nurse;

“impairment” means —

(a) mental disability;

(b) injury;

“impairment matter” means a matter referred to in section 50;

“impairment review committee” means any committee established under section 52;

“investigator” means a person appointed under section 73;

“legal practitioner” has the meaning given to that term in the Legal Practice Act 2003 section 3;

“medical practitioner” means a medical practitioner registered under the Medical Act 1894;

“member of the Board” includes a person acting under Schedule 1 clause 3;

“midwife” means a person who is registered as a midwife;

“midwifery” means the practice of assisting a woman in childbirth;

“nurse” means a person who is registered as an enrolled nurse, nurse practitioner or registered nurse;

“nurse practitioner” means a person who is registered as a nurse practitioner;

“nursing” does not include midwifery;

“officer”, in relation to a body corporate, has the meaning given to “officer of a corporation” in the Corporations Act section 9 but does not include an employee of the body corporate unless the employee is concerned in the management of the body corporate;

“presiding member” means the presiding member of the Board referred to in section 7;

“register” means the register referred to in section 38;

“registered” means registered by the Board under this Act;

“registered nurse” means a person who is registered as a registered nurse;

“registrar” means the person engaged or employed to be registrar under section 17;

“registration” includes renewal of registration;

“respondent” means a person the subject of a complaint;

“specialist” means a registered nurse who is registered under section 31;

“specialty” means a branch of nursing prescribed under section 31(1) as a specialty;

“type of registration” means registration as —

(a) an enrolled nurse;

(b) a midwife;

(d) a registered nurse.

4. Application

This Act does not apply to, or in respect of, or in any way affect —

(a) the practice of a person’s profession as a medical practitioner;

(b) a carer performing the usual duties of a carer in relation to a person who is ill, aged, frail or disabled; or

(c) a natural person who is registered as a nurse under the law in force in another State, a Territory or New Zealand who practises nursing for the purpose of the removal of tissue under the Human Tissue and Transplant Act 1982.

Part 2 — Nurses and Midwives Board and committees

Division 1 — The Board

5. Board established

(1) A body called the Nurses and Midwives Board of Western Australia is established.

(2) The Board —

(a) is a body corporate;

(b) has perpetual succession and a common seal; and

(3) The Board does not represent, and is not an agent of, the Crown.

6. Membership of Board

(1) The Board consists of 13 members appointed by the Minister, of whom —

(a) 5 are to be registered nurses;

(b) one is to be a registered nurse who teaches nursing in a higher education institution;

(d) 2 are to be midwives;

(e) 2 are to be enrolled nurses;

(f) one is to be a person who has knowledge of and experience in representing the interests of consumers; and

(g) one is to be a legal practitioner.

(2) Each member of the Board is to be a natural person.

(3) Before appointing a person under subsection (1)(a) or (e), the Minister is to consult the Australian Nursing Federation, Western Australian Branch or the Australian Liquor, Hospitality and Miscellaneous Workers’ Union, Western Australian Branch, respectively.

7. Presiding member and deputy presiding member

The presiding member and the deputy presiding member of the Board are to be elected by the Board from amongst its members.

8. Constitution and proceedings

Schedule 1 has effect with respect to the constitution and proceedings of the Board.

9. Remuneration and allowances

A member of the Board, or of a committee, is to be paid such remuneration and allowances (if any) as the Minister, on the recommendation of the Minister for Public Sector Management, determines from time to time.

Division 2 — Functions and powers

10. Functions

The functions of the Board are as follows —

(a) to advise the Minister on matters to which this Act applies;

(b) to administer the scheme of registration under Part 4;

(d) to monitor education in nursing and midwifery, and provide advice on that education to the Minister and to any other person or body involved in that education;

(e) to promote and encourage —

(i) the continuing education of nurses and midwives in the practice of their professions; and

(ii) increased levels of skill, knowledge and competence in the practice of nursing and midwifery;

and

(f) to perform other functions that are conferred on the Board under this Act or any other Act.

11. Powers

The Board has all the powers it needs to perform its functions.

12. Delegation by Board

(1) The Board may delegate any power or duty of the Board under another provision of this Act to —

(a) a member of the Board;

(b) a committee or a member of a committee; or

(2) The delegation must be in writing executed by the Board.

(3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.

(4) A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.

(5) Nothing in this section limits the ability of the Board to perform a function through the registrar or any other member of staff or an agent.

Division 3 — Relationship of Board with Minister

13. Directions by Minister

(1) Subject to subsection (2), the Minister may, after consulting with the Board, give directions in writing to the Board with respect to the performance of its functions either generally or in relation to a particular matter, and the Board is to give effect to any such direction.

(2) The Minister must not under subsection (1) direct the Board with respect to the performance of its functions in respect of —

(a) a particular person;

(b) a particular qualification; or

(3) The text of a direction given under subsection (1) must be —

(a) laid before each House of Parliament within 14 sitting days of that House after the direction is given; and

(b) included in the annual report submitted by the Board under section 25(1).

14. Minister to have access to information

(1) In this section —

“information” means information specified, or of a description specified, by the Minister that relates to the functions of the Board.

(2) The Minister is entitled —

(a) to have information in the possession of the Board; and

(b) if the information is in or on a document, to have, and make and retain copies of, that document.

(3) For the purposes of subsection (2) the Minister may —

(a) request the Board to furnish information to the Minister;

(b) request the Board to give the Minister access to information;

(c) for the purposes of paragraph (b) make use of the staff of the Board to obtain the information and furnish it to the Minister.

(4) The Board is to comply with a request under subsection (3) and make its staff and facilities available to the Minister for the purposes of subsection (3)(c).

(5) The Minister is not entitled to have information under this section in a form that —

(a) discloses the identity of a person involved in a particular application, complaint, investigation or other proceeding; or

(b) might enable the identity of any such person to be ascertained,

unless that person has consented to the disclosure.

Division 4 — Committees

15. Committees

(1) In addition to the complaints assessment committee and the impairment review committee the Board may from time to time establish any other committee.

(2) The Board may —

(a) determine the functions, membership and constitution;

(b) appoint such members and other persons as it thinks fit to be members; and

of a committee established under this section.

(3) A committee is to comply with a direction given to it under subsection (2)(c).

(4) At the request of the Board, a committee established under this section is to report on the performance of its functions to the Board, in accordance with the Board’s request.

16. Provisions relating to committees

(1) Each member of a committee is to be a natural person.

(2) The Board may remove a person from membership of a committee and may reconstitute or discharge a committee established by the Board.

(3) A committee is to ensure that an accurate record is kept and preserved of the proceedings of each meeting of the committee and of each resolution passed by the committee.

(4) Subject to this Act, a committee may determine its own procedures.

(5) A person with special knowledge or experience may be invited to act in an advisory capacity to a committee if the committee is of the opinion that the person will assist the committee in the performance of its functions and the Board has approved the invitation.

Division 5 — Registrar and other staff

17. Registrar

(1) The Board is to engage or employ a person to be the registrar.

(2) The registrar has the functions that are conferred under this Act or that the Board directs the registrar to perform.

(3) The registrar may delegate to a person engaged or employed by the Board any power or duty of the registrar under another provision of this Act.

(4) The delegation must be in writing executed by the registrar.

(5) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.

(6) A delegate exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.

18. Other staff

The Board may engage or employ persons to provide such professional, technical or other assistance that the Board considers necessary to enable it to perform its functions.

Division 6 — General

19. Duty not to make improper use of information

A member or former member of the Board or a member or former member of a committee must not, whether within or outside the State, make improper use of information acquired by virtue of that position to gain, directly or indirectly, an advantage for himself or herself or for any other person.

Penalty: $5 000.

20. Meetings and minutes of meetings

(1) Subject to this section, every meeting of the Board is to be open to members of the public.

(2) Despite subsection (1) —

(a) the Board may of its own initiative order that in any particular case a meeting, or part of a meeting, of the Board is to be closed; and

(b) where a meeting of the Board concerns a proceeding under Part 5 relating to a disciplinary or impairment matter, a person to whom the proceedings relate may request that the meeting, or part of the meeting, be closed.

(3) The Board is to consider a request under subsection (2)(b) and may order that the meeting, or part of the meeting, be closed if it is of the opinion that such an order is in the best interests of the parties involved or the maintenance of professional standards.

(4) The minutes of a meeting of the Board are to be open for inspection at its principal place of business by members of the public during normal office hours without fee, other than minutes relating to —

(a) proceedings under Part 5 relating to a disciplinary or impairment matter;

(b) a matter determined to be confidential under subsection (6); or

(5) A person may, on payment of the fee prescribed by the regulations, if any, obtain a copy of any minutes of the Board available for inspection under subsection (4).

(6) The Board may determine that a matter is confidential if it considers that its disclosure is likely to infringe the reasonable privacy of any person.

21. Execution of documents by Board

(1) The Board is to have a common seal.

(2) A document is duly executed by the Board, if —

(a) the common seal of the Board is affixed to it in accordance with subsections (3) and (4); or

(b) it is signed on behalf of the Board by a person or persons authorised by the Board to do so under subsection (5).

(3) The common seal of the Board is not to be affixed to any document except as authorised by the Board.

(4) The common seal of the Board is to be affixed to a document in the presence of 2 members of the Board and each of them is to sign the document to attest that the common seal was so affixed.

(5) The Board may, by writing under its seal, authorise —

(a) a member or members of the Board; or

(b) a member or members of staff,

to sign documents on behalf of the Board, either generally or subject to such conditions as are specified in the authorisation.

(6) A document executed under this section without the common seal of the Board is not to be regarded as being a document under seal.

(7) A document purporting to be executed in accordance with this section is to be presumed to be duly executed until the contrary is shown.

(8) When a document is produced bearing a seal purporting to be the common seal of the Board, it is to be presumed that the seal is the common seal of the Board until the contrary is shown.

Part 3 — Finance and reports

22. Funds of the Board

(1) The funds of the Board consist of —

(a) fees received by the Board;

(b) grants (if any) by the State, and all gifts and donations made to the Board, but subject to any trusts declared in relation to the grants, gifts or donations;

(d) other money or property lawfully received by the Board in connection with the performance of its functions.

(2) The funds of the Board may be applied —

(a) for the purposes of the administration and enforcement of this Act, including the remuneration of members of the Board and committees and of the registrar and other persons engaged or employed by the Board;

(b) for the payment of examinations and reports in accordance with section 67(3);

(d) for the furtherance of education, including public education, and research in relation to the practice of nursing and midwifery;

(e) by way of contribution to any professional body for nurses or midwives for the development by that body of professional standards; and

(f) for any other purpose that the Board may recommend and the Minister may approve to enable the Board to perform its functions.

23. Accounts

(1) The Board is to cause to be kept proper accounts and records of the transactions and affairs of the Board and is to prepare financial statements in accordance with Australian Accounting Standards.

(2) The financial statements are to be prepared on an accrual basis unless the Board determines otherwise.

24. Audit

The accounts and financial statements of the Board are to be audited at least once a year, at the expense of the Board, by a registered company auditor (as defined in paragraph (a) of the definition of that term in the Corporations Act section 9) appointed by the Board with the prior approval of the Minister.

25. Annual report and other reports

(1) The Board, not later than 31 December in each year, is to make and submit to the Minister an annual report of its proceedings for the preceding year ending on 30 June together with a copy of its financial statements for that year and the auditor’s report on those statements.

(2) The Board’s annual report must include details of —

(a) the number, nature, and outcome, of —

(i) investigations and inquiries undertaken under this Act during the year to which the report relates; and

(ii) matters that have been brought before the State Administrative Tribunal by the Board during the year to which the report relates;

(b) the number and nature of matters referred to in paragraph (a) that are outstanding;

(d) forecasts of the workload of the Board in the year after the year to which the report relates; and

(e) any proposals for improving the operation of the Board.

(3) The Minister is to cause a copy of the Board’s annual report and financial statements and of the auditor’s report submitted under subsection (1) to be laid before each House of Parliament within 14 sitting days of that House after receipt of the report by the Minister.

(4) The Board is to ensure that after subsection (3) has been complied with copies of the reports and statements referred to in that subsection are available on request for inspection at its principal place of business.

Part 4 — Registration of nurses and midwives

Division 1 — Registration

26. Natural persons may be registered

Registration under this Act may be granted only to a natural person.

27. Registration as an enrolled nurse, midwife or registered nurse

(1) The Board is to register an applicant as an enrolled nurse, midwife or registered nurse if satisfied that the applicant has —

(a) complied with the requirements of subsection (2); and

(b) paid the registration fee, if any, prescribed by the regulations.

(2) The requirements for registration as an enrolled nurse, midwife or registered nurse are that the applicant —

(a) is a fit and proper person to be registered as an enrolled nurse, midwife or registered nurse;

(b) has not been convicted of an offence the nature of which renders the person unfit to practise as a nurse or midwife, as the case may be;

(d) has sufficient physical capacity, mental capacity and skill to practise nursing or midwifery, as the case may be;

(e) subject to subsection (3), has acquired such knowledge and has such practical experience in nursing or midwifery, as the case may be, as in the opinion of the Board is sufficient to enable that person to perform efficiently the duties of an enrolled nurse, midwife or registered nurse, as the case may be; and

(f) holds a qualification approved by the Board as a qualification for registration as an enrolled nurse, midwife or registered nurse, as the case may be, or a qualification that in the opinion of the Board is equivalent to such a qualification.

(3) Subsection (2)(e) does not apply to a person who, having been awarded a qualification referred to in subsection (2)(f) within the 5 years preceding the application, is applying to the Board, for the first time, for registration under subsection (1).

(4) The Board may impose such conditions on registration under subsection (1) as the Board reasonably requires to ensure the competent and safe practice of —

(a) nursing by the enrolled nurse or registered nurse; or

(b) midwifery by the midwife.

(5) A condition imposed under subsection (4) may apply indefinitely or for a period of time specified by the Board in the written notice.

(6) The Board may, on its own motion or on the application of a person the subject of a condition imposed under this section, on reasonable grounds, revoke or vary the condition.

28. Registration as a nurse practitioner

(1) The Board is to register an applicant as a nurse practitioner if satisfied that the applicant has —

(a) complied with the requirements of subsection (2); and

(b) paid the registration fee, if any, prescribed by the regulations.

(2) The requirements for registration as a nurse practitioner are that the applicant —

(a) is a registered nurse or the Board is satisfied that the person meets the requirements for registration as a registered nurse; and

(b) holds a qualification prescribed by the rules as a qualification for registration as a nurse practitioner or a qualification that in the opinion of the Board is equivalent to such a qualification.

(3) The Board may impose such conditions on registration under subsection (1) as the Board reasonably requires to ensure the competent and safe practice of nursing by the nurse practitioner.

(4) A condition imposed under subsection (3) may apply indefinitely or for a period of time specified by the Board in the written notice.

(5) The Board may, on its own motion or on the application of a person the subject of a condition imposed under this section, on reasonable grounds, revoke or vary the condition.

29. Provisional registration

(1) The Board may provisionally register an applicant as an enrolled nurse, midwife, nurse practitioner or registered nurse if satisfied that —

(a) the applicant has applied to be registered under section 27 or 28;

(b) the requisite evidence is likely to be produced to enable the Board to be satisfied as to the matters set out in section 27(2) or 28(2) relevant to the type of registration applied for; and

(2) Provisional registration has effect for a period of 3 months beginning on the day on which it is granted unless earlier cancelled.

(3) The Board may impose such conditions on registration under subsection (1) as the Board reasonably requires to ensure the competent and safe practice of nursing or midwifery, as the case may be.

(4) If the Board, before the period referred to in subsection (2) expires, has reason to believe that a person granted provisional registration is not entitled to be registered under section 27 or 28 as an enrolled nurse, midwife, nurse practitioner or registered nurse, as the case may be, the Board may, without prejudice to the person’s application to be registered, cancel the person’s provisional registration.

30. Conditional registration as an enrolled nurse, midwife, nurse practitioner or registered nurse at the discretion of the Board

(1) The Board may grant a person conditional registration as an enrolled nurse, midwife or registered nurse, as the case may be, if —

(a) the Board is satisfied that the person meets the requirements of section 27(2)(a), (b), (c) and (d);

(b) the Board is satisfied that —

(i) the person meets the requirements of section 27(2)(e) and that the requisite evidence is likely to be produced to enable the Board to be satisfied as to the matters set out in section 27(2)(f);

(ii) the person, recognised by the Board as being a person of eminence within the field of nursing or midwifery, desires registration for the purpose of enabling the person to teach nursing or midwifery, as the case may be, in a clinical setting; or

(iii) the person desires registration to enable the person to undertake particular nursing duties of limited duration or duties of midwifery of limited duration, as the case may be;

and

(2) The Board may grant a person conditional registration as a nurse practitioner if —

(a) the Board is satisfied that —

(i) the person meets the requirements of section 28(2)(a) and that the requisite evidence is likely to be produced to enable the Board to be satisfied as to the matters set out in section 28(2)(b);

(ii) the person, recognised by the Board as being a person of eminence within the field of nursing, desires registration for the purpose of enabling the person to teach with respect to the functions of a nurse practitioner; or

(iii) the person desires registration to enable the person to undertake particular functions of a nurse practitioner of limited duration;

and

(b) the applicant has paid the registration fee, if any, prescribed by the regulations.

(3) Conditional registration —

(a) has effect until the day specified in the certificate of registration (unless registration is earlier cancelled by the Board) but that day is in no case to be later than 12 months after the issue of the certificate; and

(b) is not renewable.

(4) Conditional registration, and the practice of nursing or midwifery, as the case may be, by a person registered under this section, may be made subject to such conditions as the Board imposes in any particular case.

(5) The Board may at any time cancel a conditional registration.

(6) The Board may, on its own motion or on the application of a person the subject of a condition imposed under this section, on reasonable grounds, revoke or vary the condition.

31. Registration as specialists

(1) The Board is to register an applicant as a specialist in a branch of nursing prescribed by the regulations as a specialty if satisfied that the applicant has —

(a) complied with the requirements of subsection (2); and

(b) paid the registration fee, if any, prescribed by the regulations.

(2) The requirements for registration as a specialist are that the applicant —

(a) is a registered nurse; and

(b) holds a qualification for registration in the specialty that is prescribed by the regulations as a qualification for the specialty or a qualification that in the opinion of the Board is equivalent to such a qualification.

(3) The Board may impose such conditions on registration under subsection (1) as the Board reasonably requires to ensure the competent and safe practice of the specialty by the specialist.

(4) A condition imposed under subsection (3) may apply indefinitely or for a period specified by the Board in the written notice of the decision under section 105.

(5) The Board may, on its own motion or on the application of a person the subject of a condition imposed under this section, on reasonable grounds, revoke or vary the condition.

(6) Subject to this Act, registration of a registered nurse as a specialist confers on that person the right to carry on in the State the practice of the specialty for which the person was granted registration as a specialist under the title or titles prescribed by the regulations as the title or titles under which the specialty may be practised.

32. Professional indemnity insurance

(1) In this section —

“professional indemnity insurance” means professional indemnity insurance that meets the minimum terms and conditions approved by the Board.

(2) Without limiting the Board’s powers under section 27, 28, 29, 30 or 31, the Board may impose both of the following conditions as conditions of registration under section 27, 28, 29, 30 or 31 —

(a) that —

(i) the nurse or midwife must hold professional indemnity insurance;

(ii) the professional care provided by the nurse or midwife must be covered by professional indemnity insurance; or

(iii) the nurse or midwife must be specified or referred to in professional indemnity insurance, whether by name or otherwise, as a person to whom the professional indemnity insurance extends even though the nurse or midwife is not a party to the professional indemnity insurance;

(b) that the professional indemnity insurance must meet the minimum terms and conditions approved by the Board.

(3) A condition imposed under this section may apply indefinitely or for a period of time specified by the Board in the written notice of the decision given under section 105.

(4) The Board may, on its own motion or on the application of a person the subject of a condition imposed under this section, on reasonable grounds, revoke or vary the condition.

33. Application

(1) An application is to be —

(a) in writing;

(b) made in an approved manner and form; and

(2) The applicant must provide the Board or the registrar with such further information as the Board or the registrar requires, in any particular case, and if required by the Board or the registrar must verify the information by statutory declaration.

(3) The Board may, in writing, require an applicant for registration to attend before the Board for the purpose of satisfying the Board as to a matter relevant to the application and, if the person fails to attend, may refuse the application.

(4) The Board may refuse to register a person who does not comply with this section.

34. Effect of registration

Subject to this Act, registration as —

(a) an enrolled nurse confers on the person registered the right to carry on in the State the practice of nursing under —

(i) the professional direction of a midwife, nurse practitioner or registered nurse; and

(ii) the title of “enrolled nurse”;

(b) a midwife confers on the person registered the right to carry on in the State the practice of midwifery under the title of “midwife”;

(c) a nurse practitioner confers on the person registered the right to carry on at a designated area the practice of nursing as a nurse practitioner under the title of “nurse practitioner”; and

(d) a registered nurse confers on the person registered the right to carry on in the State the practice of nursing under the title of “registered nurse”.

35. Duration of registration

Subject to this Act, registration —

(a) has effect for the period prescribed by the regulations; and

(b) may be renewed in accordance with the regulations for a further period prescribed by the regulations.

36. Renewal of registration

(1) A nurse or midwife must pay to the Board a fee prescribed by the regulations for the renewal of registration, and if the fee is not paid on or before the day on which it falls due under the regulations —

(a) the person ceases to be registered; and

(b) the person’s name must be removed from the register.

(2) A person whose name is removed from the register under subsection (1) may at any time pay to the Board all fees that are in arrears, and all fees that would be in arrears if the person had continued to be registered, together with any additional amount prescribed by the regulations for the purposes of this subsection, and is then to be entitled, subject to this Act, to have his or her registration as an enrolled nurse, midwife, nurse practitioner or registered nurse renewed and the name restored to the register.

(3) For the purposes of Part 5, the registration of a person whose name is restored to the register under subsection (2) is taken to have continued during the period that the person’s name was removed from the register under subsection (1).

(4) The Board is to give written notice of the renewal fee to a nurse or midwife, sent to that person’s address as recorded in the register, at least 42 days before the fee falls due under the regulations.

(5) A person may apply to the Board for the remission of fees payable by the person under this section that are in arrears, and the Board may remit those fees in whole or in part.

37. Application for registration by a person whose type of registration has been cancelled under section 81(1)(i)

(1) In this section —

“disqualified person” means a person whose registration in relation to a type of registration has been cancelled and name removed from the register in relation to that registration under section 81(1)(i).

(2) A disqualified person may not apply for registration in relation to the type of registration that was cancelled for a period of 2 years after that registration was cancelled.

(3) The Board cannot grant an application for registration by a disqualified person in relation to the type of registration that was cancelled unless it has applied for, and obtained, the approval of the State Administrative Tribunal to do so.

(4) Registration of, and the practice of nursing or midwifery by, a disqualified person may be made subject to such conditions as the Board in any particular case imposes.