1 Name of Act
2 Commencement
2A Objects
3 Definitions
3A Notes
4 Meaning of “professional misconduct” and “unsatisfactory professional conduct”
4A Meaning of “suffer from an impairment”
4B Competence to practise nursing or midwifery
4C References to “complaint”
Part 2 Requirement for registration or enrolment
5 Unregistered and unenrolled persons not to hold themselves out as registered or enrolled
5A Unauthorised persons not to hold themselves out as nurse practitioners or midwife practitioners
6, 7 (Repealed)
Part 3 Nurses and Midwives Board
8 Constitution of the Board
9 Membership of the Board
10 Functions of Board
11 Ministerial control
12 Committees
12A Practice Committees
13 (Repealed)
14 Delegation of functions
15 Other provisions relating to the Board
Part 4 Registration and enrolment
Division 1 Register of Nurses and Register of Midwives
16 The Registers
17 Certificate of registration and authority to practise
18 Qualifications for registration as a nurse
19 Qualifications for registration as a midwife
19A Nurse practitioners
20 Midwife practitioners
21 Consideration and determination of applications
22 Registration of additional qualifications
23 Provisional registration
24 Temporary registration
25 When registration not required
26 Roll of Nurses
27 Qualifications for enrolment—List “A” of the Roll
28 Qualifications for enrolment—List “B” of the Roll
28A Provisional enrolment
28B Temporary enrolment
28C Consideration and determination of application
29 Issue of certificate of enrolment
29A Power to refuse or impose conditions on registration or enrolment
30 Effect of discontinuation or other change in registered courses
31 Adequacy of language
32 Appeals concerning registration or enrolment
33 Annual practising fee
34 Cancellation of registration and enrolment
35 Notice of incapacity
36 Effect of cancellation or suspension of registration
37 Badges
38 (Repealed)
39 Misrepresentation concerning enrolment
40 (Repealed)
41 False or misleading entries and statements
42 Return of certificate on cancellation of registration, enrolment or authorisation
Division 7 Returns and information
42A Annual return to be submitted
42B Notification of convictions, criminal findings and charges
42C Courts to provide information on convictions
42D Application of Criminal Records Act
Part 4A Performance assessment
42E Meaning of “professional performance”
42F Meaning of “unsatisfactory” in relation to professional performance
Division 2 Board may obtain performance assessment
42G Power to obtain assessment
42H Serious matters not to be referred for assessment
42I Persons may notify the Board of professional performance matters
42J Commission may refer professional performance matters to Board
Division 3 Assessment of professional performance by assessor
42K How Board obtains an assessment
42L Information to be given to nurse or midwife
42M Report and recommendations by assessor
42N Action that may be taken by Board
Division 4 Performance review by Performance Review Panel
42O Performance Review Panel to conduct performance review
42P Performance Review Panel not to take action while Commission investigating
42Q Performance Review Panel must refer certain matters to Board
42R Actions by Performance Review Panel
42S Re-assessment
42T Decision
42U Statement need not contain confidential information
Division 5 Other provisions relating to performance assessment
42V Monitoring by Board
42W Other provisions relating to performance assessments
Division 6 Performance Review Panels and assessors
42X Performance Review Panels
42Y Decisions of Performance Review Panels
42Z Assessors
Division 7 Appeal against actions of Performance Review Panel
42ZA Appeals against decisions of Panel
42ZB Appeals on points of law
Part 5 Complaints and disciplinary proceedings
43 Codes of professional conduct
44 Complaints
45 Referral or dismissal of complaints by Board
46 Role of Health Care Complaints Commission
47 (Repealed)
48 Suspension etc by Board
48A Special provisions—impairment
49 Appeals against suspension etc by Board
Division 2 Hearing of complaints by Professional Standards Committees
50 Professional Standards Committees
51 Constitution of Committees
52 Proceedings before a Committee
53 Representation before a Committee
54 Referral of certain matters to the Tribunal
55 Determinations of a Committee
56 Decisions of a Committee
57 Appeals against decisions of a Committee etc
58 Appeals with respect to points of law
Division 3 Hearing of matters by the Nurses and Midwives Tribunal
59 The Nurses and Midwives Tribunal
60 Chairperson and Deputy Chairpersons of the Tribunal
61 Proceedings before the Tribunal
62 Representation before the Tribunal
63 Chairperson or Deputy Chairperson not to review own decisions
64 Determinations of the Tribunal
65 Suspension orders
66 Decisions of the Tribunal
67 Appeals against decisions of the Tribunal
68 Review of suspension or cancellation of registration or enrolment by the Tribunal
69 Inquiries etc where other proceedings
69A Cancelled registrations or enrolments to be publicly available
69B Protection from liability for certain publications
70 Giving of information to other Australian registration bodies
Division 4 Impairment matters concerning nurses and midwives
70A Referral of impairment matters concerning nurses and midwives
70B Persons may notify Board of impairment matters concerning nurses or midwives
70C Commission may refer impairment matters to Board
70D Panel to inquire into matter referred to it
70E Panel not to take action while Commission is investigating
70F Board to give notice of proposed inquiry
70G Nurse or midwife entitled to make representations
70GA Board may require nurse or midwife to undergo examination
70H Assessment, report and recommendations by Panel
70I Voluntary suspension or conditions on registration or enrolment
70IA Review of conditions
70J Some matters to be dealt with as complaints
70K Confidentiality of Panel’s report to Board
70L Board to consider Panel’s report when assessing application
70M Impairment Panels
70N Board to constitute Panel when required
70O Decisions of Panel
71 Written statement of decisions
72 Alternative means of giving notices
73 Document under hand of Registrar to be prima facie evidence
74 Proceedings for offences
75 Fees etc
75A Board may waive fees
76 Nurses and Midwives Board Education and Research Account
76A Confidentiality of protected reports
77 Protection from liability
77A Appointment and powers of inspectors
77B Search warrants
78 Regulations
78A Guidelines relating to functions of nurse practitioners and midwife practitioners
79 Repeal of Nurses Registration Act 1953 No 10
80 Repeal of certain regulations
81 Savings and transitional provisions
Schedule 1 Provisions relating to the members and procedure of the Board
Schedule 1A Constitution and procedure of Practice Committees
Schedule 1B Inquiries by the Board
Schedule 2 Proceedings before a Committee and the Tribunal
Schedule 2A Provisions relating to performance assessments