Western Australia
Nurses and Midwives Act 2006
Western Australia
Nurses and Midwives Act 2006
CONTENTS
Part 1 — Preliminary
1. Short title 2
2. Commencement 2
3. Terms used in this Act 2
4. Application 5
Part 2 — Nurses and Midwives Board and committees
Division 1 — The Board
5. Board established 6
6. Membership of Board 6
7. Presiding member and deputy presiding member 7
8. Constitution and proceedings 7
9. Remuneration and allowances 7
Division 2 — Functions and powers
10. Functions 7
11. Powers 8
12. Delegation by Board 8
Division 3 — Relationship of Board with Minister
13. Directions by Minister 8
14. Minister to have access to information 9
Division 4 — Committees
15. Committees 10
16. Provisions relating to committees 11
Division 5 — Registrar and other staff
17. Registrar 11
18. Other staff 12
Division 6 — General
19. Duty not to make improper use of information 12
20. Meetings and minutes of meetings 12
21. Execution of documents by Board 13
Part 3 — Finance and reports
22. Funds of the Board 15
23. Accounts 16
24. Audit 16
25. Annual report and other reports 16
Part 4 — Registration of nurses and midwives
Division 1 — Registration
26. Natural persons may be registered 18
27. Registration as an enrolled nurse, midwife or registered nurse 18
28. Registration as a nurse practitioner 19
29. Provisional registration 20
30. Conditional registration as an enrolled nurse, midwife, nurse practitioner or registered nurse at the discretion of the Board21
31. Registration as specialists 23
32. Professional indemnity insurance 24
33. Application 25
34. Effect of registration 25
35. Duration of registration 26
36. Renewal of registration 26
37. Application for registration by a person whose type of registration has been cancelled under section 81(1)(i)27
Division 2 — The register
38. The register 27
39. Inspection of register 28
40. Certificate of registration 29
41. Voluntary removal from register and cancellation of registration 29
42. Removal of name and cancellation of registration of person in certain circumstances 29
43. Effect of removal of name from register 30
Division 3 — Notifications to Board
44. Change of address 30
45. Loss of qualifications 31
46. Insolvency 31
47. Civil or criminal proceedings 31
48. Information about professional indemnity insurance 32
Part 5 — Disciplinary and impairment matters
Division 1 — Preliminary
49. Disciplinary matters 33
50. Impairment matters 33
Division 2 — Committees
51. Complaints assessment committee 34
52. Impairment review committee 34
53. Deputy member of the complaints assessment committee or the impairment review committee35
Division 3 — Complaints
54. Complaints 36
55. Complaints assessment committee to determine action required 37
56. Complaints assessment committee may reject certain complaints 38
Division 4 — Summary orders of Board
57. Interim orders by Board 38
58. Complaint dealt with summarily to be referred to the State Administrative Tribunal 40
59. Complaint not dealt with summarily to be referred to relevant committee 40
Division 5 — Disciplinary matters
60. Investigation and recommendation 40
61. Role of Board 41
62. Alternative to making allegation to the State Administrative Tribunal 42
Division 6 — Impairment matters
63. Request by nurse or midwife for imposition of condition 43
64. Revocation of condition 44
65. Investigation 44
66. Nurse or midwife to be notified about investigation 44
67. Examination 44
68. Report of examination 45
69. Role of the impairment review committee 46
70. Recommendation 47
71. Role of Board 47
Division 7 — Investigator’s role and powers
72. Interpretation 48
73. Investigator 48
74. Report of investigator 48
75. Powers of investigator 49
76. Warrant to enter premises 51
77. Issue of warrant 52
78. Execution of warrant 52
Division 8 — Conciliation
79. Conciliation process 53
80. Action if conciliation fails 54
Division 9 — Role of the State Administrative Tribunal
81. Powers of the State Administrative Tribunal on dealing with a disciplinary matter 54
82. Powers of the State Administrative Tribunal on dealing with an impairment matter 56
Division 10 — Miscellaneous
83. Suspension 57
84. Costs and recovery 57
Part 6 — Offences
85. Persons who may practise nursing or midwifery or a specialty 59
86. Persons who may be employed or engaged to practise nursing or midwifery or a specialty59
87. Exceptions to sections 85 and 86 60
88. Use of titles or pretending to be registered 61
89. Name in which practice may be carried on 61
90. Unlawful delegation by registered person 62
91. Undue influence 62
92. Failure to comply with disciplinary action 63
93. False or misleading information 63
94. Offences in relation to investigation 64
95. Obstruction of investigator 65
96. Assistance to execute warrant 65
97. Surrender of certificate 65
98. Incriminating information, questions, or documents 66
99. Legal professional privilege 66
Part 7 — Codes of practice, rules and regulations
100. Codes of practice 67
101. Rules 68
102. Regulations 69
103. Forms 70
Part 8 — Miscellaneous
104. Protection 71
105. Notice of decision to be given 71
106. Review 72
107. Publication of proceedings etc. 72
108. Legal proceedings 73
109. Liability of certain officers of body corporate: offences 74
110. Review of Act 75
111. Nurses Act 1992 repealed 75
112. Nurses Rules 1993 repealed 76
113. Transitional and savings provisions 76
114. Consequential amendments 76
Schedule 1 — Constitution and proceedings of the Board
Division 1 — General provisions
1. Term of office 77
2. Functions of deputy presiding member 77
3. Deputy members 77
4. Vacation of office by member 78
5. General procedure concerning meetings 78
6. Voting 79
7. Holding meetings remotely 79
8. Resolution without meeting 79
9. Minutes 79
Division 2 — Disclosure of interests etc.
10. Meaning of “member” 80
11. Disclosure of interests 80
12. Exclusion of interested member 80
13. Board or committee may resolve that clause 12 inapplicable80
14. Quorum where clause 12 applies 81
15. Minister may declare clauses 12 and 14 inapplicable 81
Schedule 2 — Transitional and savings
1. Terms used in this Schedule 82
2. Interpretation Act 1984 not affected 82
3. The Nurses Registration Board continues 82
4. Board members 83
5. The registrar and other staff 83
6. Persons entered in division 1 of the register 83
7. Persons entered in division 2 of the register under the repealed Act section 34(b)(i) 84
8. Persons entered in division 2 of the register under the repealed Act section 34(b)(ii) 85
9. Persons granted honorary or temporary registration under the repealed Act 85
10. Persons granted provisional registration under the repealed Act 86
11. Registered body corporate 86
12. Register 86
13. Certificates of registration issued under the repealed Act 86
14. Restoration of certain names to the register 86
15. Suspensions 86
16. Undertakings under the repealed Act 86
17. Interim orders of the former Board 87
18. Investigations 87
19. Complaints being dealt with by the former Board 87
20. Matters referred to the professional standards committee 87
21. Matters being dealt with by the presiding member of the former Board 87
22. Failure to comply with an order made under the repealed Act 88
23. Codes of practice 88
24. Annual report for part of a year 88
25. Powers in relation to transitional provision 88
Schedule 3 — Consequential amendments
1. Blood Donation (Limitation of Liability) Act 1985 amended 90
2. Civil Liability Act 2002 amended 90
3. Constitution Acts Amendment Act 1899 amended 90
4. Corruption and Crime Commission Act 2003 amended 91
5. Court Security and Custodial Services Act 1999 amended91
6. The Criminal Code amended 92
7. Criminal Investigation (Identifying People) Act 2002 amended 92
8. Firearms Act 1973 amended 92
9. Health Act 1911 amended 92
10. Health Professionals (Special Events Exemption) Act 2000 amended 93
11. Health Services (Conciliation and Review) Act 1995 amended 93
12. Juries Act 1957 amended 93
13. Medical Act 1894 amended 94
14. Mental Health Act 1996 amended 94
15. Misuse of Drugs Act 1981 amended 94
16. Pharmacy Act 1964 amended 95
17. Poisons Act 1964 amended 95
18. Prostitution Act 2000 amended 96
19. Radiation Safety Act 1975 amended 96
20. Road Traffic Act 1974 amended 96
21. State Administrative Tribunal Act 2004 amended 97
Defined Terms
Western Australia
Nurses and Midwives Act 2006
No. 50 of 2006
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.
[Assented to 6 October 2006]
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.
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;
(c) physical illness;
“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;
(c) a nurse practitioner; or
(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
(c) may sue and be sued in its corporate name.
(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;
(c) one is to be a registered nurse who practises in the area of mental health nursing;
(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
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;
(c) to facilitate and promote public education and research in relation to the practice of nursing and midwifery;
(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
(c) the registrar.
(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
(c) a particular application, complaint or proceeding.
(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
(c) give directions with respect to the functions and procedures,
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
(c) a meeting, or part of a meeting, that the Board ordered be closed under subsection (2)(a) or (3).
(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).
(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;
(c) penalties, costs and expenses received under section 62 or 84; and
(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);
(c) for the payment of costs under section 84(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 —
(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;
(c) any trends or special problems that may have emerged;
(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
Division 1 — Registration