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Nursing Act 1992

Nursing Act 1992

Queensland Nursing Act 1992 Reprinted as in force on 21 April 2010 Reprint No. 4I This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2010 Act No. 14 s 123

Information about this reprint This Act is reprinted as at 21 April 2010. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Nursing Act 1992 Contents Part 1 1 3 4 5 Part 2 Division 1 6 7 8 9 Division 2 11 Division 3 12 Division 4 13 14 15 16 16A 16B 17 Division 5 18 18A Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Objective of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Crown bound . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Administration The council and its functions and powers Establishment of council etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Council’s functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Council’s powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Council’s power to be a member of other bodies etc. . . . . . . . . . 19 Constitution of council Council’s constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Chairperson of council Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Meetings of council Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Quorum and voting at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Resolutions without meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Financial matters Funds of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Council is statutory body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

19 Division 6 20 21 22 23 24 25 Division 7 26 27 28 29 30 31 32 33 34 35 36 37 Division 8 38 39 40 41 42 Division 9 42A 43 44 45 46 47 2 Nursing Act 1992 Executive officer to present statement of prospective expenditure ................................... Provisions relating to members other than the executive officer Division applies to members other than executive officer. . . . . . . Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Terms of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member ceasing as member . . . . . . . . . . . . . . . . . . . . . . . . . . . . Acting member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions relating to the executive officer Duties of executive officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment of executive officer. . . . . . . . . . . . . . . . . . . . . . . . . . Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Terms of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Preservation of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Superannuation for executive officer who was previously an officer of the public service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Executive officer not to engage in other paid employment . . . . . . Disclosure of interest by executive officer . . . . . . . . . . . . . . . . . . Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Acting executive officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The staff of the council Council’s staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Terms of employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Arrangements relating to staff . . . . . . . . . . . . . . . . . . . . . . . . . . . Superannuation schemes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Superannuation for officers and employees who were previously officers of the public service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Minister’s power to give directions . . . . . . . . . . . . . . . . . . . . . . . . Delegation by council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delegation by executive officer. . . . . . . . . . . . . . . . . . . . . . . . . . . Council’s seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Judicial notice of certain signatures . . . . . . . . . . . . . . . . . . . . . . . Committees of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 24 24 24 24 25 25 25 25 26 26 26 27 27 27 28 28 28 28 29 29 29 30 30 31 32 32 32 32 32

Part 3 Division 1 48 49 50 51 52 53 Division 2 54 Division 3 55 56 57 58 59 60 61 62 63 64 64A 65 66 67 68 69 70 71 72 73 Division 4 74 75 3 Nursing Act 1992 Registration and enrolment Administration The register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notification of change of particulars . . . . . . . . . . . . . . . . . . . . . . . Particulars of cancellations etc. to be recorded . . . . . . . . . . . . . . Corrections to register or roll etc. . . . . . . . . . . . . . . . . . . . . . . . . . Inspection of register or roll etc. . . . . . . . . . . . . . . . . . . . . . . . . . . Qualifications Qualifications for registration or enrolment. . . . . . . . . . . . . . . . . . Registration and enrolment Application for registration or enrolment. . . . . . . . . . . . . . . . . . . . Attendance of applicant before council. . . . . . . . . . . . . . . . . . . . . Council may require English examination . . . . . . . . . . . . . . . . . . Registration or enrolment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Refusal of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Both registration and enrolment not permitted . . . . . . . . . . . . . . . Action to be taken on registration or enrolment . . . . . . . . . . . . . . Nurse must notify council if certificate of registration or enrolment lost or destroyed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisional registration or enrolment . . . . . . . . . . . . . . . . . . . . . . Temporary registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Suitability to be temporarily registered . . . . . . . . . . . . . . . . . . . . . Limited registration or enrolment . . . . . . . . . . . . . . . . . . . . . . . . . Concerns about condition of applicants and nurses. . . . . . . . . . . Immediate suspension of registration or enrolment by council. . . Immediate suspension of registration or enrolment by executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review of suspension for health reasons . . . . . . . . . . . . . . . . . . . Cancellation or suspension of registration and enrolment in certain cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements following cancellation or suspension of registration or enrolment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restoration of registration or enrolment in certain cases . . . . . . . Reissue of certificate of registration or enrolment etc. . . . . . . . . . Annual licence certificates Fees for annual licence certificates . . . . . . . . . . . . . . . . . . . . . . . Renewal of annual licence certificate . . . . . . . . . . . . . . . . . . . . . . 33 34 34 35 35 35 36 38 38 39 39 39 40 40 40 41 42 44 44 46 47 48 49 49 50 51 51 51 52

76 Division 5 77 77A Part 3A 77B 77C 77D 77E 77F 77G 77H 77I Part 4 Division 1 78 Division 2 79 80 81 82 83 83A 83B 83C 83D 83E 83F Division 3 83G 83H 83I 83J 83K Division 4 83L 4 Nursing Act 1992 Endorsement of annual licence certificates . . . . . . . . . . . . . . . . . Authorisation to practise midwifery or nursing Authorisation to practise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Suitability to practise midwifery or nursing . . . . . . . . . . . . . . . . . . Restrictions and holding out Definitions for pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Taking of restricted titles etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Claims by persons as to registration etc. . . . . . . . . . . . . . . . . . . . Claims by persons as to other persons’ registration etc. . . . . . . . Restrictions on persons with conditional, provisional or limited registration or enrolment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on persons with conditional authorisation. . . . . . . . . Restrictions on practising nursing . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on caring for a woman in childbirth. . . . . . . . . . . . . . Accreditation of nursing courses Preliminary Definitions for pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accreditation of nursing course Application for accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Late applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criteria for applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inquiries into applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure to decide applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . Period of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Standard condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accreditation certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Variation of accredited nursing course Application for approval of variation . . . . . . . . . . . . . . . . . . . . . . . Inquiries into applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure to decide applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . Refund of fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Renewal of accreditation Applications for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 54 54 55 56 58 59 59 60 60 61 63 63 64 64 65 66 66 66 66 67 67 67 68 69 69 70 70 70

5 Nursing Act 1992 83M 83N 83O 83P Division 5 83Q 83R 83S 83T 83U 83V Division 6 83W Division 7 83X 83Y Part 5 Division 1 85 86 Division 1A Subdivision 1 87 88 89 90 91 Subdivision 2 92 93 94 95 96 97 98 Division 2 101 Inquiries into applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accreditation taken to be in force while application is considered Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure to decide application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cancellation of accreditation Ground for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Submissions about show cause notices. . . . . . . . . . . . . . . . . . . . Ending show cause process without further action . . . . . . . . . . . Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Return of accreditation certificate to council . . . . . . . . . . . . . . . . Offences relating to accreditation Person must not make false claims in relation to nursing course . General provisions about accreditation Surrender of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of accreditation certificates . . . . . . . . . . . . . . . . . . Professional conduct Matters referred to QCAT Tribunal’s functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tribunal’s constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assessors Use of assessors in a hearing Assessors to assist tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on appointment of assessors . . . . . . . . . . . . . . . . . . Council must advise president of specialist and technical issues Functions and powers of assessors . . . . . . . . . . . . . . . . . . . . . . . Payment of assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Professional panel of assessors Establishment of professional panel of assessors . . . . . . . . . . . . Appointment of individuals to panel . . . . . . . . . . . . . . . . . . . . . . . Disqualification from membership of panel . . . . . . . . . . . . . . . . . Procedure for recommending members of panels of assessors . Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When part does not apply Action taken because of industrial disputes etc. . . . . . . . . . . . . . 71 71 72 72 72 73 74 74 74 75 75 76 76 77 77 78 78 79 79 80 80 80 81 81 82 82 83 83

6 Nursing Act 1992 Division 2A 101A 101B 101C Division 3 102 102AA 102AB 102AC 102A 102B 102C 102D 103 103A 103B 104 Division 3A 104A Division 4 114 116 117 118 Division 4A 118A Division 5 119 120 121 Division 6 121A Part 6 122 123 Codes of practice Council may develop or adopt code of practice . . . . . . . . . . . . . . Inspection of approved codes of practice etc. . . . . . . . . . . . . . . . Use of approved code of practice in disciplinary proceedings . . . Complaints and investigations Who may make complaint about nurse, midwife or other person authorised to practise nursing . . . . . . . . . . . . . . . . . . . . . . . . . . . Grounds for complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How complaint is made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Entity making complaint to reveal identity . . . . . . . . . . . . . . . . . . Action by council on receipt of complaint . . . . . . . . . . . . . . . . . . . Referral of complaint to commission . . . . . . . . . . . . . . . . . . . . . . Investigation to be undertaken by council . . . . . . . . . . . . . . . . . . Action may be taken in relation to former nurses etc. . . . . . . . . . Investigation by council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Council to keep commission informed about investigation . . . . . . Council may refer complaint to appropriate entity . . . . . . . . . . . . Referral of disciplinary matter to tribunal . . . . . . . . . . . . . . . . . . . Grounds for disciplinary action Grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tribunal proceedings Health assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Action by tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of tribunal’s orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notification of tribunal’s decision . . . . . . . . . . . . . . . . . . . . . . . . . Council to give notice to commission Council to give notice to commission at end of dealing with matter .................................. Health assessments Health Assessment Advisory Panel . . . . . . . . . . . . . . . . . . . . . . . Members of Health Assessment Advisory Panel . . . . . . . . . . . . . Operation of Health Assessment Advisory Panel. . . . . . . . . . . . . Other matters Aiding, abetting etc. conduct that is a ground for disciplinary action ......................................... Provisions concerning certain nursing matters Application of Act in certain cases . . . . . . . . . . . . . . . . . . . . . . . . Employment as a nurse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 84 84 85 85 86 86 86 87 87 88 88 89 90 91 91 93 93 95 95 95 96 96 96 97 97 98

7 Nursing Act 1992 124 Part 7 Division 1 125 126 127 Division 2 Subdivision 1 127A 127B 127C 127D Subdivision 2 128 129 130 131 132 133 134 135 Division 3 136 Part 8 Division 1 137 Division 2 138 139 139A 140 140A 140B 140C 141 Badges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Investigation and enforcement Inspectors Appointment of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Identity card for inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspector to produce identity card . . . . . . . . . . . . . . . . . . . . . . . . Investigation of offences Power to obtain information Power to require information or attendance . . . . . . . . . . . . . . . . . Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Self-incrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspection of produced things . . . . . . . . . . . . . . . . . . . . . . . . . . . Entry of places by inspector Entry and search—monitoring compliance . . . . . . . . . . . . . . . . . Entry and search—evidence of offences . . . . . . . . . . . . . . . . . . . General powers of inspector in relation to places. . . . . . . . . . . . . Offence related warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Warrants may be issued by various forms of communication . . . Inspector may require name and address . . . . . . . . . . . . . . . . . . Notice of seizure and compensation . . . . . . . . . . . . . . . . . . . . . . Other offences in relation to inspectors . . . . . . . . . . . . . . . . . . . . Investigation under section 103 Powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General Reviews Review of decisions and orders . . . . . . . . . . . . . . . . . . . . . . . . . . Administration Holders of office to act honestly and with propriety . . . . . . . . . . . Confidentiality of documents and information . . . . . . . . . . . . . . . Executive officer or council must notify Commissioner for Children and Young People and Child Guardian about particular information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supply of information to council . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of certain convictions to be given to council . . . . . . . . . . . Notice of certain judgments and settlements to be given to council ........................................ Notice about certain events to be given to council . . . . . . . . . . . . Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 99 99 100 100 100 101 101 101 102 103 104 105 107 109 109 110 111 112 113 115 117 117 118 119 119

142A 143 144 145 146 147 148 Part 9 Division 1 149 150 Division 2 151 152 Division 3 153 Division 4 154 Division 5 155 Division 6 156 157 158 159 Division 7 160 Division 7 160 161 8 Nursing Act 1992 Council may give combined notice . . . . . . . . . . . . . . . . . . . . . . . . Penalty for falsifying register or roll etc. . . . . . . . . . . . . . . . . . . . . Penalties and costs to council . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions Provisions consequential on passing of Nursing Act 1992 References to certain boards etc. . . . . . . . . . . . . . . . . . . . . . . . . Nursing Act 1976 and Nursing Studies Act 1976 references . . . . Provisions for the Health and Other Legislation Amendment Act 1998 Existing time for notification of change of particulars to continue etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Endorsement to practise as psychiatric nurse . . . . . . . . . . . . . . . Provisions for the Health Practitioners (Professional Standards) Act 1999 Transitional for Health Practitioners (Professional Standards) Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provision for Health Legislation Amendment Act 2003 Continuation of Professional Conduct Committee under the name Nursing Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions for the Health Legislation Amendment Act 2005 Transitional for Health Legislation Amendment Act 2005 . . . . . . . Provisions for the Health Quality and Complaints Commission Act 2006 Definitions for div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When investigation must be conducted or continued . . . . . . . . . . Reports to commission on investigation by council . . . . . . . . . . . Continuing requirement for council to give notice to commission. Transitional provision for Criminal History Screening Legislation Amendment Act 2010 Giving particular information to children’s commissioner . . . . . . . Transitional provisions for the Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 Definitions for div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Automatic expiry of registration or enrolment instead of cancellation by council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 120 121 121 121 122 122 124 124 125 125 125 126 126 127 127 127 128 129 129 130

9 Nursing Act 1992 162 Disclosure of protected documents and protected information to the National Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 163 Disclosure of protected documents and protected information to the Nursing and Midwifery Board . . . . . . . . . . . . . . . . . . . . . . . . . 130 164 Disclosure of protected documents and protected information to the department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 Endnotes 1 2 3 4 5 6 7 8 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of forms notified or published in the gazette . . . . . . . . . . . . . . . . 132 132 133 133 134 134 137 149

s 1 11 s 4 Nursing Act 1992 Nursing Act 1992 [as amended by all amendments that commenced on or before 21 April 2010] An Act to provide for the registration and enrolment of nurses, the practice of nursing and the education of nurses, and related purposes Part 1Preliminary 1 Short title This Act may be cited as the Nursing Act 1992 . 3 Objective of Act The objective of this Act is to make provision for ensuring safe and competent nursing practice. 4 Definitions In this Act— accredited nursing course means a nursing course accredited under part 4 and includes an accredited nursing course that has been varied under an approval under section 83I. annual licence certificate fee see section 74(1). application fee , for part 4, see section 78. approved code of practice means a code of practice approved by the Minister under section 101A(3). approved form means a form approved by the council under section 141. assessment body , for part 4, see section 78.

s 4 12 s 4 Nursing Act 1992 business name , of a business, means a name or style under which the business is carried on. childbirth , for part 3A, see section 77B. commencement , for part 9, division 6, see section 156. commission means the Health Quality and Complaints Commission under the Health Quality and Complaints Commission Act 2006 . condition includes physical or mental condition. convicted , for an offence, includes a plea of guilty or a finding of guilt by a court even though a conviction is not recorded. corresponding law means a law applying in another State, the Commonwealth or a foreign country that provides for the same matter as this Act. council means the Queensland Nursing Council. criminal history , of a person, means— (a) every conviction of the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this Act; and (b) every charge made against the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this Act. disciplinary action means— (a) for a nurse, midwife or other person authorised to practise nursing—any action the tribunal may take at the end of disciplinary proceedings; or (b) for a person who was a nurse, midwife or other person authorised to practise nursing, but is not a nurse, midwife or other person authorised to practise nursing at the time of the tribunal’s decision at the end of disciplinary proceedings relating to the person—a decision the tribunal may make at the end of the proceedings. disciplinary matter means a matter that may provide a ground for disciplinary action to be taken against a person.

s 4 13 s 4 Nursing Act 1992 disciplinary proceedings means proceedings conducted by the tribunal under part 5, division 4. enrolled means enrolled under this Act as an enrolled nurse. enrolled nurse means a person who is enrolled under this Act as an enrolled nurse. entity acting on behalf of a user means— (a) an entity chosen by the user to act on the user’s behalf; or (b) if it would be difficult or impossible for the user to choose an entity to act on the user’s behalf—an entity that has a sufficient interest in the health or welfare of the user. executive officer means the executive officer of the council. fee includes tax. foreign regulatory authority means— (a) an interstate regulatory authority; or (b) an entity established under the law applying in a foreign country, other than New Zealand, having functions similar to the functions of the council under this Act. ground for disciplinary action means a ground mentioned in section 104A. health practitioner registration Act means any 1 of the following Acts— • Chiropractors Registration Act 2001 • Dental Practitioners Registration Act 2001 • Dental Technicians and Dental Prosthetists Registration Act 2001 • Medical Practitioners Registration Act 2001 • Medical Radiation Technologists Registration Act 2001 • Occupational Therapists Registration Act 2001 • Optometrists Registration Act 2001 • Osteopaths Registration Act 2001

s 4 14 s 4 Nursing Act 1992 • Pharmacists Registration Act 2001 • Physiotherapists Registration Act 2001 • Podiatrists Registration Act 2001 • Psychologists Registration Act 2001 • Speech Pathologists Registration Act 2001 . health professional means a registrant under a health practitioner registration Act. Health Rights Commissioner , for part 9, division 6, see section 156. health service means a health service within the meaning of the Health Services Act 1991 . information notice , for part 4, see section 78. inspector means an inspector appointed under this Act. interstate regulatory authority means an entity established under the law of another State or New Zealand having functions similar to the functions of the council under this Act. midwife means a person who is authorised by the council to practise midwifery. notice , for part 4, see section 78. nurse means a registered or enrolled nurse. nurse education includes— (a) midwifery education, mental health nursing education and education in any other area of nursing; and (b) postgraduate nurse education. nursing course means a course of study, by any method or system of education, that is designed to educate persons in nursing or midwifery. nursing practice includes midwifery practice, mental health nursing practice and practice in any other area of nursing. nursing qualifications includes midwifery qualifications, mental health nursing qualifications and qualifications in any other area of nursing.

s 4 15 s 4 Nursing Act 1992 panel means the Health Assessment Advisory Panel. payment period see section 74(3). place includes vacant land or premises. premises includes— (a) a building or structure, or a part of a building or structure, of any kind; and (b) the land on which a building or structure is situated. president means the president of the tribunal. principal registrar means the principal registrar under the QCAT Act. profession , for part 3A, see section 77B. professional service , for part 3A, see section 77B. protected document , for part 9, division 7, see section 160. protected information , for part 9, division 7, see section 160. recognised person , for part 3A, see section 77B. register means the Register of Registered Nurses. registered means— (a) in relation to a person—registered under this Act as a registered nurse; and (b) in relation to particulars—recorded in the register. registered nurse means a person who is registered under this Act as a registered nurse. relevant person , for part 9, division 7, see section 160. repealed Act , for part 9, division 6, see section 156. roll means the Roll of Enrolled Nurses. school of nursing includes a hospital, college, school of nursing, teaching institution or other institution that provides nursing courses. show cause notice , for part 4, see section 78. show cause period , for part 4, see section 78. tribunal means QCAT.

s 5 16 s 7 Nursing Act 1992 5 Crown bound (1) This Act binds the Crown. (2) Nothing in this Act renders the Crown liable to be prosecuted for an offence. (3) However, subsection (2) does not prevent an officer, employee or agent of the Crown from being prosecuted for an offence. Part 2 Administration Division 1 The council and its functions and powers 6 Establishment of council etc. (1) A council called the Queensland Nursing Council is established. (2) The council— (a) is a body corporate with perpetual succession; and (b) has a common seal; and (c) may sue and be sued in its corporate name. 7 Council’s functions The functions of the council are to— (a) advise on, and report to the Minister on— (i) developments in nurse education and nursing practice; and (ii) the needs of the State in relation to nurse education and nursing practice; and (b) determine the scope of nursing practice, including the activities that constitute, or are included in, nursing practice; and

s 7 17 s 7 Nursing Act 1992 (c) determine standards for accreditation of nursing courses; and (d) accredit nursing courses; and (e) determine minimum requirements for entry to accredited nursing courses conducted by health services; and (f) develop or adopt codes of practice for nurses, midwives and other persons authorised to practise nursing; and (g) undertake investigations into matters and complaints as prescribed by this Act; and (h) determine examinations, qualifications, experience and other requirements to be fulfilled by persons applying for and maintaining registration, enrolment or authority to practise under this Act, and monitor standards of student assessment in schools of nursing; and (i) establish and maintain a register and a roll of nurses; and (j) establish and maintain other records in relation to nurse education and nursing practice; and (k) conduct research into matters relevant to the council’s functions; and (l) give to the Minister a report of its work and activities and those of its committees during each financial year; and (m) consult and cooperate with foreign regulatory authorities and other relevant entities about the following— (i) nurse education; (ii) nursing practice; (iii) the regulation of nursing and midwifery; and (n) carry out other functions conferred on it by this or another Act.

s 8 18 s 8 Nursing Act 1992 8 Council’s powers (1) The council has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions. (2) Without limiting subsection (1), the council has such powers as are conferred on it by this Act. (3) Without limiting subsection (1), the council has, for or in connection with the performance of its functions, all the powers of an individual and may, for example— (a) enter into contracts; and (b) acquire, hold, dispose of and deal with property; and (c) appoint committees to assist it to perform its functions; and (d) exploit commercially any resources of the council, including any study, research or knowledge, or the practical application of any study, research or knowledge, developed by or within the council or belonging to the council (whether alone or jointly with another person or body); and (e) cooperate with any university, college, other educational institution, hospital or other person or body in another State, a Territory or a foreign country in making provision for the education and examination of persons practising, or intending to practise, as nurses and midwives; and (f) participate in— (i) any nationally coordinated program relating to nurse education or nursing practice; and (ii) any program with the Commonwealth, another State, a Territory or a foreign country in relation to nurse education or nursing practice; and (g) participate in the formation of, and become a member of, any national authority established in Australia to promote consistent policies and practices among Australian authorities responsible for the regulation of nursing and midwifery; and

s 9 19 s 11 Nursing Act 1992 (h) develop or assist in the development of curricula for nurse education; and (i) enter into, and carry out, agreements or arrangements with any university, college, other educational institution, hospital or other person or body for furthering the council’s functions. 9 Council’s power to be a member of other bodies etc. (1) The council— (a) may become and be a member of any body (whether incorporated or unincorporated) that— (i) has among its objects nurse education, training or research or any matter relating directly to the council’s functions; or (ii) in the council’s opinion, is engaged in the advancement of nurse education, training or research or any function of the council; and (b) may enter into agreements or arrangements with the body. (2) Subsection (1)(a) does not require a body to admit the council to membership of the body. (3) The council, or its nominee, may be a member of the governing committee of a body of which it is a member. (4) This section does not limit the council’s powers under section 8. Division 2 Constitution of council 11 Council’s constitution The council consists of the following 13 members— (a) 5 nurses; (b) 5 nurses (1 of whom is an enrolled nurse) chosen from a panel of names submitted by an association or

s 12 20 s 13 Nursing Act 1992 associations accepted by the Minister as representative of nurses; (c) 1 person, representing persons who use the services provided by the nursing profession; (d) 1 lawyer; (e) the executive officer of the council. Division 3 Chairperson of council 12 Chairperson (1) The Governor in Council is to appoint a member mentioned in section 11(a) or (b) who is not an officer of the public service to be chairperson of the council. (2) The member who is chairperson ceases to be chairperson if the member— (a) ceases to be a member of the council; or (b) becomes an officer of the public service; or (c) becomes the executive officer; or (d) resigns as chairperson by signed notice given to the Governor. (3) The chairperson may resign as chairperson and remain a member of the council. Division 4 Meetings of council 13 Times and places of meetings (1) Subject to subsection (2), meetings of the council are to be held at such times and places as the council determines. (2) The chairperson— (a) may at any time convene a meeting; and (b) must convene a meeting when requested by 7 or more members.

s 14 21 s 16A Nursing Act 1992 14 Presiding at meetings (1) The chairperson is to preside at all meetings at which the chairperson is present. (2) If the chairperson is not present at a meeting, the members present are to choose one of them to preside. 15 Quorum and voting at meetings At a meeting of the council— (a) 7 members constitute a quorum; and (b) a question is to be decided by a majority of the votes of the members present and voting; and (c) the member presiding has a deliberative vote and, if the votes are equal, also has a casting vote. 16 Conduct of meetings (1) Subject to this division and a regulation, the council may regulate its proceedings as it considers appropriate. (2) Without limiting subsection (1), the council may permit its members to participate in a particular meeting, or all meetings, by telephone, closed-circuit television or another form of communication. (3) A member who participates in a meeting under a permission under subsection (2) is taken to be present at the meeting. 16A Resolutions without meetings (1) If at least a majority of members sign a document containing a statement that they are in favour of a resolution stated in the document, a resolution in those terms is taken to have been passed at a meeting of the council held on the day on which the document is signed or, if the members do not sign it on the same day, the day on which the last of the members forming the majority signs the document. (2) If a resolution is, under subsection (1), taken to have been passed at a meeting of the council, each member must

s 16B 22 Nursing Act 1992 s 17 immediately be advised of the matter and given a copy of the terms of the resolution. (3) For subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by 1 or more members, are taken to be 1 document. 16B Minutes The council must keep minutes of its meetings. 17 Disclosure of interests (1) If— (a) a member has a personal interest, or a direct or indirect pecuniary interest, in a matter being considered, or about to be considered, by the council; and (b) the interest could conflict with the proper performance of the member’s duties in relation to the matter; the member must, as soon as practicable after the relevant facts come to the member’s knowledge, disclose the nature of the interest to a meeting of the council. (2) The disclosure must be recorded in the minutes of the meeting, and unless the council otherwise determines, the member must not— (a) be present during any deliberation of the council in relation to the matter; or (b) take part in any decision of the council in relation to the matter. (3) For the purpose of the making of a determination by the council under subsection (2) in relation to the member, the member or another member who has a personal interest, or a direct or indirect pecuniary interest, in the matter to which the disclosure relates must not— (a) be present during any deliberation of the council for the purpose of making the determination; or (b) take part in the making by the council of the determination.

s 18 23 s 18 Nursing Act 1992 Division 5 Financial matters 18 Funds of council (1) All amounts received by or on behalf of the council (including any fees, costs and penalties) are to be paid into the funds of the council and applied for the purposes of this Act. (2) Expenses of and incidental to the administration of this Act are to be paid by the council from its funds. (3) The council may apply any part of its funds that are not required for making payments under subsection (2) towards— (a) nurse education or research; or (b) any public purpose connected with the nursing profession. (4) The council may establish a fund called the Nurse Education and Research Fund. (5) The Nurse Education and Research Fund is to be maintained separate from the other funds of the council. (6) There is to be paid into the Nurse Education and Research Fund— (a) all amounts appropriated by the Parliament from the consolidated fund and paid to the council; and (b) any other amounts received by the council; for the purpose of the advancement of nurse education or research. (7) Amounts in the Nurse Education and Research Fund are to be applied only towards nurse education or research. (8) For the purpose of this section, expenses incurred for nurse education or research include expenses of and incidental to the administration of the provisions of this Act that relate to the functions of the council mentioned in section 7(a), (c) to (e), (h) and (k).

s 18A 24 Nursing Act 1992 s 23 18A Council is statutory body (1) Under the Statutory Bodies Financial Arrangements Act 1982 , the council is a statutory body. (2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the council’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 . 19 Executive officer to present statement of prospective expenditure Before the start of each financial year, the executive officer must present to the council a statement of the expenditure expected to be incurred in respect of the respective functions of the council during the financial year. Division 6 Provisions relating to members other than the executive officer 20 Division applies to members other than executive officer This division applies to members of the council other than the executive officer. 21 Appointment The members are appointed by the Governor in Council. 22 Duration of appointment The appointment of a member is for the term (not longer than 3 years) specified in the member’s instrument of appointment. 23 Terms of appointment (1) A member holds office on a part-time basis. (2) A member is to be paid the remuneration and allowances determined by the Governor in Council.

s 24 25 s 27 Nursing Act 1992 (2A) However, a member may waive payment in whole or part. (3) A member holds office on terms not provided by this Act as are determined by the Governor in Council. 24 Member ceasing as member A person who is a member of the council ceases to be a member if the person— (a) resigns by signed notice given to the Governor; or (b) ceases to be qualified to be appointed as a member; or (c) is removed from office by the Governor in Council. 25 Acting member The Governor in Council may appoint a person who is qualified for appointment as a member to act as the member— (a) during a vacancy in the office; or (b) during any period, or all periods, when the member is absent from Australia or is, for another reason, unable to attend meetings of the council or otherwise perform any of the functions of the office. Division 7 Provisions relating to the executive officer 26 Duties of executive officer (1) The executive officer is, under the council, to manage the council’s affairs. (2) Anything done in the name of, or on behalf of, the council by the executive officer is taken to have been done by the council. 27 Appointment of executive officer The executive officer is to be appointed by the Governor in Council.

s 28 26 s 30 Nursing Act 1992 28 Duration of appointment The appointment of the executive officer is for the term (not longer than 5 years) specified in the executive officer’s instrument of appointment. 29 Terms of appointment (1) The executive officer holds office on a full-time basis. (2) The executive officer is to be paid the remuneration and allowances determined by the Governor in Council. (3) The executive officer holds office on terms not provided by this Act as are determined by the Governor in Council. 30 Preservation of rights (1) Subsection (2) applies if an officer of the public service is appointed as the executive officer, and subsection (3) applies if an officer of the public service, or an officer of a public sector unit, is appointed as the executive officer. (2) The person retains and is entitled to all rights that have accrued to the person because of employment as an officer of the public service, or that would accrue in the future to the person because of that employment, as if service as executive officer were a continuation of service as an officer of the public service. (3) At the end of the person’s term of office or on resignation— (a) the person is entitled to be appointed to an office in the public service or the public sector unit, as the case requires, at a salary level not less than the current salary level of an office equivalent to the office the person held before being appointed as executive officer; and (b) the person’s service as executive officer is to be regarded as service of a similar kind in the public service or public sector unit for the purpose of determining the person’s rights as an officer of the public service or the public sector unit.

s 31 27 s 33 Nursing Act 1992 31 Superannuation for executive officer who was previously an officer of the public service (1) If, at the time a person is appointed as executive officer— (a) the person is— (i) an officer of the public service; and (ii) a member of the State Public Sector Superannuation Scheme; and (b) the council does not maintain or participate in a superannuation scheme for the benefit of the executive officer; the executive officer is to continue to be a member of the State Public Sector Superannuation Scheme and, for that purpose, is taken to be eligible for membership of the scheme under the Superannuation (State Public Sector) Act 1990 . (2) Subsection (3) applies if— (a) the council maintains or participates in a superannuation scheme (the council scheme ), other than the State Public Sector Superannuation Scheme, for the benefit of the executive officer; and (b) the executive officer continued to be a member of the State Public Sector Superannuation Scheme under subsection (1). (3) The executive officer may, under arrangements prescribed under a regulation, stop being a member of the State Public Sector Superannuation Scheme and become a member of the council scheme. 32 Leave of absence The council may grant leave of absence to the executive officer on the terms determined by the council. 33 Resignation The executive officer may resign by signed notice given to the Governor.

s 34 28 s 37 Nursing Act 1992 34 Executive officer not to engage in other paid employment The executive officer must not engage in paid employment outside the duties of the office without the approval of the council. 35 Disclosure of interest by executive officer (1) The executive officer must give written notice to the chairperson of all direct or indirect pecuniary interests that the executive officer has or acquires in any business or in any corporation carrying on any business. (2) The obligations of the executive officer under subsection (1) are in addition to any other obligations that the executive officer has under this Act or any other law. 36 Removal The Governor in Council may remove the executive officer from office if the executive officer— (a) is convicted of an indictable offence; or (b) is guilty of misconduct or neglect of duty; or (c) contravenes a provision of this Act without reasonable excuse; or (d) is unable because of physical or mental incapacity to satisfactorily perform the functions of the office. 37 Acting executive officer The Governor in Council may appoint a person to act as executive officer— (a) during a vacancy in the office; or (b) during any period, or all periods, when the executive officer is absent from duty or Australia or is, for another reason, unable to perform the functions of the office.

s 38 29 s 40 Nursing Act 1992 Division 8 The staff of the council 38 Council’s staff The council may engage such employees as it considers necessary to perform its functions. 39 Terms of employment (1) The terms of employment of the council’s employees are as determined by the council. (2) Subsection (1) has effect subject to— (a) this Act or another Act (other than the Public Service Act 2008 ); and (b) any relevant award or industrial agreement. (3) The council’s employees are to be employed under this Act, and not under the Public Service Act 2008 . (4) In this section— terms of employment include terms relating to duration of employment and termination of employment. 40 Arrangements relating to staff (1) The council may arrange with the chief executive of a department, or with an authority of the State, for the services of officers or employees of the department or authority to be made available to it. (2) The council may arrange with the appropriate authority of the Commonwealth, another State or a Territory, or with an authority of the Commonwealth, another State or a Territory, for the services of officers or employees of the public service of the Commonwealth, State or Territory, or of the authority, to be made available to it. (3) The council may arrange for the service of an employee of the council to be made available to— (a) the Commonwealth, another State or a Territory; or

s 41 30 s 42 Nursing Act 1992 (b) an authority of the Commonwealth, another State or a Territory. 41 Superannuation schemes The council may— (a) establish or amend superannuation schemes; or (b) join in establishing or amending superannuation schemes; or (c) take part in superannuation schemes. 42 Superannuation for officers and employees who were previously officers of the public service (1) In this section— person to whom this section applies means a person employed by the council in a permanent or full-time capacity who, immediately before becoming so employed, was— (a) an officer of the public service; and (b) a member of the State Public Sector Superannuation Scheme. (2) If, at the time a person to whom this section applies becomes employed by the council, the council does not take part in a superannuation scheme, the person is to continue to be a member of the State Public Sector Superannuation Scheme and, for that purpose, is taken to be eligible for membership of the scheme under the Superannuation (State Public Sector) Act 1990 . (3) Subsection (4) applies if— (a) the council establishes, joins in establishing or takes part in establishing a superannuation scheme (the council scheme ); and (b) a person continued to be a member of the State Public Sector Superannuation Scheme under subsection (2). (4) The person may, under arrangements prescribed under a regulation, stop being a member of the State Public Sector

s 42A 31 Nursing Act 1992 s 42A Superannuation Scheme and become a member of the council scheme. Division 9 Miscellaneous 42A Minister’s power to give directions (1) The Minister may give the council a written direction about a matter relevant to the council’s functions under this Act if the Minister is satisfied it is necessary to give the direction in the public interest. (2) Without limiting subsection (1), a direction may be to give reports and information to the Minister. (3) However, a direction can not be about the following— (a) the registering or enrolment of, or refusal to register or enrol, an applicant for registration or enrolment; (b) the suspension or cancellation of a registration or enrolment; (c) the issue or renewal, or refusal to issue or renew, an annual licence certificate; (d) the authorisation of, or refusal to authorise, a person to practise midwifery or nursing; (e) the revocation of an authorisation of a person to practise midwifery or nursing; (f) a decision to accredit, or refuse to accredit, a nursing course; (g) a decision to cancel the accreditation of a nursing course; (h) referring a disciplinary matter to the tribunal. (4) The council must comply with the direction. (5) The council’s annual report for a financial year, under the Financial Accountability Act 2009 , must include copies of all directions given to it in the financial year. (6) However, the council must exclude from the copies all information likely to identify a registered nurse, enrolled

s 43 32 s 47 Nursing Act 1992 nurse, or person authorised to practise midwifery or nursing, to whom the direction relates. 43 Delegation by council (1) Subject to subsection (2), the council may delegate its powers to a member of the council, a committee of the council or an employee of the council. (2) The council may not delegate its powers under section 63, 65, 67, 69 or 104. 44 Delegation by executive officer The executive officer may delegate the executive officer’s powers to an employee of the council. 45 Council’s seal (1) The council’s seal is to be kept in such custody as the council directs and may be used only as authorised by the council. (2) Judicial notice must be taken of the imprint of the council’s seal appearing on a document and the document must be presumed to have been properly sealed until the contrary is proved. 46 Judicial notice of certain signatures Judicial notice must be taken of— (a) the official signature of a person who is or has been chairperson or executive officer; and (b) the fact that the person holds or has held the office concerned. 47 Committees of council (1) Section 17 applies to members of committees of the council in the same way as it applies to members of the council.

s 48 33 s 48 Nursing Act 1992 (2) A member of a committee of the council is to be paid such remuneration and allowances as are determined by the Governor in Council. (2A) However a member of a committee of the council may waive payment in whole or part. (3) A member of a committee of the council holds office on such terms and conditions not provided in this Act as are determined by the council. Part 3 Registration and enrolment Division 1 Administration 48 The register (1) The council must keep a register called the Register of Registered Nurses. (2) The register must be kept in such form as the council determines. (3) The register must contain— (a) the following particulars in relation to each person who is a registered nurse— (i) the person’s name; (ii) the person’s date of birth; (iii) the person’s residential address; (iv) relevant qualifications held by the person; (v) any authorisations held by the person to practise midwifery, mental health nursing or nursing in another area of nursing; (vi) the person’s registration number; (vii) the date the person was registered;

s 49 34 s 50 Nursing Act 1992 (viii) any other particulars prescribed under a regulation; and (b) such other particulars as are required by this Act to be included in the register; and (c) such other particulars as the council determines. 49 The roll (1) The council must keep a roll called the Roll of Enrolled Nurses. (2) The roll must be kept in such form as the council determines. (3) The roll must contain— (a) the following particulars in relation to each person who is an enrolled nurse— (i) the person’s name; (ii) the person’s date of birth; (iii) the person’s residential address; (iv) relevant qualifications held by the person; (v) any authorisations held by the person to practise midwifery, mental health nursing or in another area of nursing; (vi) the person’s enrolment number; (vii) the date the person was enrolled; (viii) any other particulars prescribed under a regulation; and (b) such other particulars as are required by this Act to be included in the roll; and (c) such other particulars as the council determines. 50 Notification of change of particulars (1) Within 21 days after a change of a particular— (a) entered in the register or roll; or

s 51 35 s 53 Nursing Act 1992 (b) given to the council to gain entry or remain on the register or roll; the nurse concerned must give notice of the change to the council. Maximum penalty—5 penalty units. (2) The council must make such alterations to the particulars in the register or roll, or take such other action, as is necessary for the register or roll to be an accurate record in relation to the persons who are entitled to be registered or enrolled nurses. 51 Particulars of cancellations etc. to be recorded The council must make such alterations to the particulars in the register or roll as are necessary to record, and give effect to— (a) cancellations and suspensions of registrations or enrolments; and (b) restorations of registration or enrolment; and (c) conditions of practice to which registrations or enrolments are subject. 52 Corrections to register or roll etc. The council— (a) may correct any incorrect entry in the register or the roll; and (b) may make any consequential alterations to any relevant certificate issued under this Act. 53 Inspection of register or roll etc. (1) A person may, on payment of the prescribed fee— (a) inspect an entry in the register or roll; or (b) obtain a copy of, or extract from, an entry in the register or roll, certified correct by the executive officer;

s 54 36 s 54 Nursing Act 1992 during ordinary business hours on days on which the council’s office is open. (2) Subsection (1) does not apply to the following particulars contained in the register or roll— (a) a person’s date of birth; (b) a person’s residential address; (c) another particular prescribed under a regulation. (3) The council may, at the request of the Australian Nursing Council Incorporated, supply that body with information about the particulars in the register or roll. Division 2 Qualifications 54 Qualifications for registration or enrolment (1) A person is qualified to be a registered nurse, or an enrolled nurse, if the person complies with the requirements of this section in relation to registration or enrolment. (2) The person must satisfy the council that the person meets either of the following educational requirements— (a) that the person has successfully completed an appropriate accredited nursing course in Queensland (including the passing of any further examinations, and undertaking any additional supervised practice, required by the council) within such period before the making of the application for registration or enrolment as the council determines; (b) that the person— (i) has successfully completed an appropriate nursing course conducted outside Queensland for the purposes of registration or enrolment as a nurse that, in the council’s opinion, is based on, and would enable achievement of, competencies similar to those in, and acquired by, accredited nursing courses conducted in Queensland; and

s 54 37 s 54 Nursing Act 1992 (ii) has gained registration or enrolment as a nurse in a place outside Queensland. (2A) The person must also satisfy the council that the person is competent and fit to practise nursing. (3) Without limiting subsection (2A), the person must satisfy the council— (a) that the person’s state of health is such that the person is capable of carrying out the person’s duties as a registered or enrolled nurse without endangering any patient the person may attend; and (b) that the person has a sufficient command of the English language, both oral and written, to ensure that the safety and wellbeing of patients is maintained. (3A) In deciding whether the person is competent and fit to practise nursing, the council may have regard to the person’s criminal history. (3B) The council may ask the commissioner of the police service for a written report about the person’s criminal history. (3C) If asked by the council, the commissioner of the police service must give the council a written report about the person’s criminal history, including the criminal history in the commissioner’s possession or to which the commissioner has access. (3D) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the asking for, or giving of, the report. (4) If the council is not satisfied that a person has successfully completed an appropriate nursing course mentioned in subsection (2)(a) or (b), the council may permit the person to comply with subsection (2) by undertaking any or all of the following to the council’s satisfaction— (a) a written examination approved by the council relating to the practice in Queensland of registered or enrolled nurses; (b) an assessment approved by the council on the clinical practice of registered or enrolled nurses;

s 55 38 s 56 Nursing Act 1992 (c) a period of nursing practice (whether or not supervised by a registered nurse) determined by the council; (d) a re-entry course approved by the council. Division 3 Registration and enrolment 55 Application for registration or enrolment (1) An application to be registered under this Act as a registered nurse, or enrolled under this Act as an enrolled nurse, must be— (a) made to the council in the form approved by the council; and (b) supported by evidence of qualification for registration or enrolment and of such other matters as the council requires; and (c) accompanied by— (i) the prescribed application fee; and (ii) the annual licence certificate fee. (2) The approved form may require the disclosure of the applicant’s criminal history. (3) If the approved form requires the disclosure of the applicant’s criminal history, the Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the disclosure. 56 Attendance of applicant before council (1) The council may, by written notice, require an applicant for registration or enrolment— (a) to give to the council, orally or in writing, further information relating to the application as is specified in the notice; or (b) to attend before the council for the purpose of giving information relating to the application. (2) If the applicant fails to give the information or attend as required, the council may refuse the application.

s 57 39 s 59 Nursing Act 1992 57 Council may require English examination For the purpose of determining whether an applicant is qualified for registration or enrolment, the council may require an applicant to undertake and pass an examination determined by the council in the use of English. 58 Registration or enrolment (1) The council must register a person as a registered nurse if— (a) the person is an individual; and (b) the person applies to be registered as a registered nurse; and (c) the application complies with section 55; and (d) the person is qualified to be a registered nurse; and (e) the person otherwise complies with this Act in relation to the application. (2) The council must enrol a person as an enrolled nurse if— (a) the person is an individual; and (b) the person applies to be enrolled as an enrolled nurse; and (c) the application complies with section 55; and (d) the person is qualified to be an enrolled nurse; and (e) the person otherwise complies with this Act in relation to the application. (3) This section applies subject to section 72. 59 Refusal of application If an application for registration or enrolment is refused, the council must immediately— (a) advise the applicant, in writing, of the refusal; and (b) give the applicant written reasons for the refusal; and (c) refund the annual licence certificate fee that accompanied the application.

s 60 40 s 62 Nursing Act 1992 60 Both registration and enrolment not permitted (1) A person may not be registered as a registered nurse and also enrolled as an enrolled nurse. (2) An applicant for registration as a registered nurse, or enrolment as an enrolled nurse, must advise the council whether the person is currently registered or enrolled. (3) If an enrolled nurse is registered under this Act as a registered nurse, the person’s enrolment is cancelled. (4) If a registered nurse is enrolled under this Act as an enrolled nurse, the person’s registration is cancelled. 61 Action to be taken on registration or enrolment (1) On the registration or enrolment of a person, the council must— (a) make appropriate entries in the register or roll; and (b) issue to the person a certificate of registration or enrolment in a form approved by the council; and (c) issue to the person an appropriate badge of the prescribed design. (2) If the registration or enrolment is provisional, temporary or limited— (a) an entry must be made in the register or roll showing that fact and any conditions to which the registration or enrolment is subject; and (b) the registration or enrolment certificate, and any annual licence certificate, issued to the person is to be endorsed showing that fact and any conditions to which the registration or enrolment is subject. 62 Nurse must notify council if certificate of registration or enrolment lost or destroyed (1) A nurse whose certificate of registration or enrolment is lost or destroyed must give the council written notice of the loss or destruction of the certificate, unless the nurse has a reasonable excuse.

s 63 41 s 63 Nursing Act 1992 Maximum penalty—1 penalty unit. (2) On application accompanied by the prescribed fee, the executive officer may issue to a nurse a duplicate or certified copy of the nurse’s certificate of registration or enrolment. 63 Provisional registration or enrolment (1) If— (a) a person applies to be registered or enrolled; and (b) the application complies with section 55; and (c) the executive officer is satisfied that the person is qualified to be registered or enrolled; the executive officer may provisionally register or enrol the person. (2) At the first meeting of the council after the provisional registration or enrolment, the executive officer must advise the council of the circumstances and details of the provisional registration or enrolment. (3) If— (a) a person applies to be registered or enrolled; and (b) the application complies with section 55; and (c) the executive officer is not satisfied that the person is qualified to be registered or enrolled; the council may provisionally register or enrol the person. (4) Provisional registration or enrolment under subsection (3) may be subject to such conditions (including conditions of practice) as the council determines. (5) Provisional registration or enrolment is for such period (not longer than 6 months) as the executive officer or council determines. (6) A person who is provisionally registered is taken to be registered under this Act as a registered nurse. (7) A person who is provisionally enrolled is taken to be enrolled under this Act as an enrolled nurse.

s 64 42 s 64 Nursing Act 1992 (8) The council may cancel the provisional registration or enrolment of a person. (9) If the council cancels the provisional registration or enrolment of a person, the council must immediately— (a) advise the person of the cancellation; and (b) give the person written reasons for the cancellation; and (c) refund an appropriate part of the annual licence certificate fee that accompanied the relevant application. (10) Cancellation of a person’s provisional registration or enrolment operates as a refusal by the council of the person’s application for registration or enrolment. (11) If a person who is provisionally registered or enrolled becomes registered as a registered nurse or enrolled as an enrolled nurse, the person’s registration or enrolment dates from the person’s provisional registration or enrolment unless the council otherwise decides. 64 Temporary registration (1) If— (a) a person applies to the council, in the form approved by the council, for temporary registration as a registered nurse; and (b) the application is accompanied by— (i) the prescribed application fee; and (ii) the annual licence certificate fee; and (c) the council is satisfied that— (i) the person is the holder of a degree, diploma or certificate of nursing (recognised by the council and obtained after due examination) conferred by an institution recognised in the place where it is situated, and by the council, as authorised to confer the degree, diploma or certificate; and (ii) the person has come to Queensland—

s 64 43 s 64 Nursing Act 1992 (A) at the request of a hospital, college, school of nursing or other teaching institution in Queensland, of the State or a State authority, or of an association recognised by the council as representative of nurses, for the purpose of teaching, lecturing, giving clinical demonstrations or engaging in research work; or (B) undertaking postgraduate study in nursing; and (iii) the person is a suitable person to be temporarily registered as a registered nurse; the council may grant the person temporary registration as a registered nurse. (1A) The approved form may require the disclosure of the person’s criminal history. (1B) If the approved form requires the disclosure of the person’s criminal history, the Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the disclosure. (2) Temporary registration may be subject to such conditions (including conditions of practice) as the council determines. (3) Temporary registration may be granted or renewed for such period (not longer than 1 year) as the council determines. (4) A person who is temporarily registered is taken to be registered under this Act as a registered nurse. (5) The council may cancel the temporary registration of a person. (6) If the council cancels the temporary registration of a person, the council must immediately— (a) advise the person of the cancellation; and (b) give the person written reasons for the cancellation; and (c) if the temporary registration has not been renewed—refund an appropriate part of the annual licence certificate fee that accompanied the relevant application.

s 64A 44 Nursing Act 1992 s 65 (7) A person registered under this section must notify the executive officer as soon as possible after the person ceases to engage in the activities mentioned in subsection (1)(c)(ii) for which the registration was granted. Maximum penalty—5 penalty units. (8) The executive officer must cancel the person’s temporary registration on receipt of the notice. 64A Suitability to be temporarily registered (1) In deciding whether a person is a suitable person to be temporarily registered as a registered nurse, the council may have regard to the following— (a) the person’s criminal history; (b) any other issue relevant to the person’s ability to undertake the activity the subject of the application. (2) The council may ask the commissioner of the police service for a written report about the person’s criminal history. (3) If asked by the council, the commissioner of the police service must give the council a written report about the person’s criminal history, including the criminal history in the commissioner’s possession or to which the commissioner has access. (4) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the asking for, or giving of, the report. 65 Limited registration or enrolment (1) If— (a) the Health Assessment Advisory Panel recommends under section 66 the imposition of limited registration or enrolment on a person; or (b) the tribunal orders the imposition of limited registration or enrolment on a person; or (c) a person requests the council to impose limited registration or enrolment on the person; or

s 65 45 s 65 Nursing Act 1992 (d) the council is satisfied, on reasonable grounds, that limited registration or enrolment should be imposed on a person; then— (e) if the person is an applicant for registration or enrolment—the council may grant limited registration or enrolment to the person; or (f) if the person is a registered or enrolled nurse—the council may, and, if paragraph (b) applies, must, cancel the nurse’s current registration or enrolment and grant limited registration or enrolment to the person. (2) The council must— (a) in a case to which subsection (1)(a), (c) or (d) applies— (i) determine the extent to which the person’s registration or enrolment is to be limited; and (ii) impose such conditions on the practice of nursing by the person as will ensure, in the council’s opinion, that the person is capable of carrying out in a professional way such functions as the limited registration or limited enrolment allows the person to carry out; and (b) in a case to which subsection (1)(b) applies—take such action as is necessary to give effect to the tribunal’s order. (3) The conditions that the council may impose include conditions relating to 1 or more of the following— (a) the times and places at which the person may provide nursing care; (b) the fields of nursing in which the person may provide nursing care; (c) the supervision of the person by an appropriately qualified registered nurse, or an otherwise appropriately qualified person, when providing nursing care. (4) Limited registration or enrolment may be granted or renewed for such period (not longer than 2 years) as the council determines.

s 66 46 s 66 Nursing Act 1992 (5) The council may cancel limited registration or enrolment. (6) Subsection (5) does not apply to a registration or enrolment limited by an order made by the tribunal. (7) If the council cancels the limited registration or enrolment of a person, the council must immediately— (a) advise the person of the cancellation; and (b) give the person written reasons for the cancellation. (8) At intervals of not more than 2 years, the council, or the tribunal acting under section 116, as the case may be, must review each limited registration or enrolment and determine whether it should continue. (9) A person with limited registration or enrolment is, subject to the conditions of the registration or enrolment, taken to be registered under this Act as a registered nurse or enrolled under this Act as an enrolled nurse. 66 Concerns about condition of applicants and nurses (1) This section applies to a person who is— (a) an applicant for registration or enrolment; or (b) a registered or enrolled nurse (whether or not the registration or enrolment is suspended or limited). (2) If the council is concerned that the condition of a person to whom this section applies may interfere with the person’s ability to carry out the functions of a registered or enrolled nurse, the council may, and, if the person requests, must immediately, refer the person to the Health Assessment Advisory Panel for assessment. (2A) The council must as soon as practicable give the commission written notice of a referral, under subsection (2), about a registered or enrolled nurse. (2B) If, under subsection (2), the council refers an applicant for registration or enrolment to the panel for assessment— (a) the council may disclose the applicant’s criminal history to the panel if the council considers it relevant to the assessment; and

s 67 47 s 67 Nursing Act 1992 (b) the Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the disclosure. (3) The council must bear the cost of the assessment unless the council determines that the whole or a part of the cost is to be borne by the person. (4) The panel must, by written report— (a) advise the council on the condition of the person; and (b) indicate— (i) whether the person’s condition may interfere with the person’s ability to carry out the functions of a registered or enrolled nurse; and (ii) the extent of the possible interference. (5) The panel may recommend the imposition of conditions (including limited registration or enrolment) under which the person should— (a) be registered or enrolled; or (b) continue to be registered or enrolled; or (c) be permitted to practise as a registered or enrolled nurse. (6) The council must give a copy of the report to the person or, if the council considers it appropriate, the person’s medical practitioner. (7) Also, the council must as soon as practicable give the commission written notice of— (a) any recommendation made under subsection (5) about the person; and (b) what action, if any, it decides to take in response to the recommendation. 67 Immediate suspension of registration or enrolment by council (1) If the council is satisfied that the ability of a nurse to continue to practise nursing is seriously impaired to such an extent that a patient’s health or safety could be at risk, whether because of the state of the nurse’s condition or the nurse’s conduct or

s 68 48 s 68 Nursing Act 1992 practice, the council may by written notice given to the nurse suspend the nurse’s registration or enrolment. (2) The notice must set out the reasons for the suspension. (3) The suspension takes effect when the nurse is given the notice. (3A) Also, the council must as soon as practicable give the commission written notice of the suspension, stating the reasons for the suspension. (4) If the council suspends the registration or enrolment of a nurse because of the nurse’s conduct or practice, the council must immediately have the matter investigated. 1 (5) On receipt of the investigating inspector’s report, the council must immediately— (a) lift the suspension; or (b) under section 104(1), refer a disciplinary matter against the suspended nurse to the tribunal for hearing and determination. (6) If a disciplinary matter is referred under subsection (5), the suspension applies until the matter is determined by the tribunal. 68 Immediate suspension of registration or enrolment by executive officer (1) If, in the executive officer’s opinion, the circumstances of a particular case involve potential serious risk to a patient’s health or safety such that a nurse’s registration or enrolment should be suspended immediately, the executive officer may suspend the registration or enrolment of the nurse without first giving written notice to the nurse. (2) The nurse must be advised orally of the suspension by the executive officer unless it is not reasonably practicable to do so within a reasonable time. 1 See section 103 (Investigation by council).

s 69 49 s 70 Nursing Act 1992 (3) The executive officer must as soon as practicable give the nurse and commission written notice of the suspension, stating the reasons for the suspension. (4) The suspension operates until the end of the first meeting of the council after the suspension, unless it is earlier lifted by the executive officer or the council. (5) At the first meeting of the council after the suspension, the executive officer must make a full report to the council on the suspension and the reasons for the suspension. (6) This section does not prevent the council from further suspending the registration or enrolment of the nurse either at the meeting or subsequently. 69 Review of suspension for health reasons (1) If— (a) the council suspends the registration or enrolment of a nurse because of the state of the nurse’s condition; and (b) the nurse’s condition has not already been assessed by the Health Assessment Advisory Panel for the purpose of the suspension; the council may, and, if the nurse requests, must immediately, refer the question of the nurse’s condition to the panel under section 66. (2) On receipt of the panel’s report under section 66, the council must review the suspension of the nurse and may— (a) confirm the suspension and determine the period of suspension; or (b) lift the suspension either immediately or from a future date determined by the council; or (c) take any other action specified in section 65. 70 Cancellation or suspension of registration and enrolment in certain cases (1) The council may cancel the registration or enrolment of a nurse—

s 71 50 s 71 Nursing Act 1992 (a) who has died; or (b) who applies to the council in writing to have his or her registration or enrolment cancelled; or (c) whose registration or enrolment under a law of another State, a Territory or a foreign country has been cancelled; or (d) who ceases to have, or does not have, the qualifications necessary for registration or enrolment. (2) The council may suspend the registration or enrolment of a nurse whose registration or enrolment under a law of another State, a Territory or a foreign country has been suspended. (3) The suspension is to be for— (a) if the suspension is under the law of another State or a Territory—the same period as the suspension under the other law; or (b) if the suspension is under the law of a foreign country—the same period as, or a shorter period than, the suspension under the other law. 71 Requirements following cancellation or suspension of registration or enrolment (1) A nurse whose registration or enrolment is cancelled or suspended under this division must, within 14 days after being notified of the cancellation or suspension, surrender to the executive officer— (a) the nurse’s certificate of registration or enrolment; and (b) the nurse’s current annual licence certificate; and (c) any badge issued to the nurse by the council. Maximum penalty—10 penalty units. (2) Subsection (1) does not apply to a cancellation of registration or enrolment under section 70(1)(b). (3) However, the council may require a person whose registration or enrolment has been cancelled under section 70(1)(b) to surrender to the executive officer 1 or more of the items mentioned in subsection (1).

s 72 51 s 74 Nursing Act 1992 72 Restoration of registration or enrolment in certain cases (1) If the registration or enrolment of a person is cancelled under the Nursing Act 1976 , section 31, or section 70(1)(c) or (d), the person must not again be registered or enrolled unless the council gives a direction under subsection (4). (2) A person whose registration or enrolment has been cancelled as mentioned in subsection (1) may apply to the council for the restoration of the person’s registration or enrolment. (3) The application must be— (a) in the approved form; and (b) accompanied by the fee prescribed under a regulation. (4) If the council, after considering the application and all relevant circumstances, is satisfied that the person is qualified to be registered or enrolled, the council may direct that the person be re-registered or re-enrolled, either without payment of a fee or on payment of any prescribed fees. 73 Reissue of certificate of registration or enrolment etc. If a person is re-registered or re-enrolled under a direction under section 72(4), the council must issue to the person— (a) an appropriate certificate of registration or enrolment; and (b) an appropriate badge of a prescribed design. Division 4 Annual licence certificates 74 Fees for annual licence certificates (1) Every nurse and midwife must pay to the council a prescribed fee for an annual licence certificate (the annual licence certificate fee ). (2) The certificate must be in a form approved by the council. (3) If a nurse, or midwife who is not a nurse, fails to pay the annual licence certificate fee within the period prescribed under a regulation (the payment period ), the council must

s 75 52 s 75 Nursing Act 1992 immediately cancel the nurse’s registration or enrolment or revoke the midwife’s authority to practise. (4) A person whose registration or enrolment is cancelled or authority to practise is revoked under subsection (3) may apply to the council for reregistration, re-enrolment or reauthorisation in the form approved by the council. (5) The application must be accompanied by the annual licence certificate fee and the restoration fee prescribed under a regulation. (6) The council must reregister, re-enrol or reauthorise the applicant and issue an annual licence certificate to the applicant if it is satisfied— (a) the applicant has practised nursing or midwifery during the 5 years before the application; and (b) the applicant is qualified to be registered, enrolled or authorised. (7) However, if the council is not satisfied the applicant has practised nursing or midwifery during the 5 years before the application, the council may reregister, re-enrol or reauthorise the applicant subject to the conditions of practice it considers appropriate. 75 Renewal of annual licence certificate (1) The holder of an annual licence certificate must, during the payment period, apply to the council for renewal of the certificate. (2) The application must be— (a) in the form approved by the council; and (b) supported by— (i) proof that the applicant has practised in the relevant area of nursing or midwifery within the previous 5 years; and (ii) such other information as the council may require; and (c) accompanied by the annual licence certificate fee.

s 76 53 s 76 Nursing Act 1992 (3) If the council is not satisfied that the applicant has practised in the relevant area of nursing or midwifery within the previous 5 years, the council may— (a) refuse to grant the renewal; or (b) grant the renewal subject to such conditions as the council considers appropriate, including conditions about education, training and experience to be undertaken or gained. (4) If, during the payment period, application is made by a person for renewal of an annual licence certificate and the annual licence certificate fee is paid, the annual licence certificate concerned does not expire until the application is determined, unless the person’s registration, enrolment or authorisation to practise midwifery is earlier cancelled or suspended. 76 Endorsement of annual licence certificates (1) An annual licence certificate issued to a person must be suitably endorsed to show— (a) any conditions imposed on the person by the council; and (b) any authorisation to practise as a midwife or mental health nurse; and (c) any authorisation to practise in another area of nursing. (2) An endorsement authorising a person to practise as a midwife, as a mental health nurse or in another area of nursing may be granted by the council if— (a) the person is the holder of a qualification recognised by the council in relation to the area of nursing; and (b) the application for endorsement is made within the period determined by the council after gaining the qualification. (3) An endorsement mentioned in subsection (2) is subject to any requirements of proof of practice determined by the council.

s 77 54 s 77A Nursing Act 1992 Division 5 Authorisation to practise midwifery or nursing 77 Authorisation to practise (1) An individual may be authorised by the council to practise midwifery if the person has successfully completed a midwifery course accredited by the council or a comparable course outside Queensland that is based on similar competencies and the council is satisfied the person is a suitable person to practise midwifery. (2) An individual may be authorised by the council to practise mental health nursing if the person has successfully completed a mental health nursing course accredited by the council or a comparable course outside Queensland that is based on similar competencies. (3) An individual may be authorised to practise nursing in another area of nursing if the person is the holder of a qualification recognised by the council. (4) A person who is not a nurse may be authorised by the council to practise nursing subject to any conditions imposed by the council if the council is satisfied the person is a suitable person to practise nursing. (5) The council may, by writing given to the person concerned, revoke an authorisation under this section. (6) The council and the panel have functions and powers in relation to persons authorised to practise nursing and midwifery under this section that are comparable to the functions and powers that they have in relation to registered nurses and, for that purpose, sections 65 to 73 apply, with necessary modifications and any prescribed modifications, to such a person as if the person were a registered nurse and the person’s authority to practise were the registration of the person under this Act as a registered nurse. 77A Suitability to practise midwifery or nursing (1) This section applies for the purpose of the council deciding whether—

s 77B 55 Nursing Act 1992 s 77B (a) a person is a suitable person to practise midwifery under section 77(1); or (b) a person is a suitable person to practise nursing under section 77(4). (2) The council may have regard to the following— (a) the person’s criminal history; (b) any other issue relevant to the person’s ability to practise midwifery or nursing. (3) The council may— (a) ask the person for details of the person’s criminal history; or (b) ask the commissioner of the police service for a written report about the person’s criminal history. (4) If asked by the council, the commissioner of the police service must give the council a written report about the person’s criminal history, including the criminal history in the commissioner’s possession or to which the commissioner has access. (5) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the asking for, or giving of, the details or report. Part 3A Restrictions and holding out 77B Definitions for pt 3A In this part— childbirth means the process of labour and delivery beginning with uterine contractions and ending with the expulsion of the placenta and membranes from the woman giving birth. profession means— (a) the nursing profession as practised by a registered nurse; or

s 77C 56 Nursing Act 1992 s 77C (b) the nursing profession as practised by an enrolled nurse; or (c) the midwifery profession as practised by a midwife. professional service means— (a) for the nursing profession as practised by a registered nurse—a service ordinarily provided by a registered nurse; or (b) for the nursing profession as practised by an enrolled nurse—a service ordinarily provided by an enrolled nurse; or (c) for the midwifery profession—a midwifery service. recognised person , for a profession, means— (a) for the nursing profession as practised by a registered nurse—a registered nurse; or (b) for the nursing profession as practised by an enrolled nurse—an enrolled nurse; or (c) for the midwifery profession—a midwife. 77C Taking of restricted titles etc. (1) A person who is not a recognised person for a profession must not take or use a restricted title for the profession. Maximum penalty—1000 penalty units. Examples of an individual taking or using a restricted title — 1 AB describes himself or herself as ‘AB, registered nurse’ 2 AB describes himself or herself as ‘AB, enrolled nurse’ 3 AB describes himself or herself as ‘AB, midwife’ (2) Subsection (1) does not apply to a person if— (a) the person takes or uses a restricted title for a profession as part of a business name for a business providing professional services in the profession; and (b) in the carrying on of the business by the person, a recognised person for the profession provides professional services in the profession.

s 77C 57 Nursing Act 1992 s 77C (3) Also, subsection (1) does not apply to a person if— (a) the person is undertaking an accredited nursing course for a profession; and (b) the person takes or uses a restricted title for the profession, in conjunction with words indicating the person is a student in the profession. (4) A person (the first person ) must not, in relation to another person who the first person knows, or ought reasonably to know, is not a recognised person for a profession, use a restricted title for the profession. Maximum penalty—1000 penalty units. (5) Subsection (4) does not apply to the first person if— (a) the other person is undertaking an accredited nursing course for a profession; and (b) the first person uses a restricted title for the profession in relation to the other person, in conjunction with words indicating the other person is a student in the profession. (6) A person who is not a recognised person for a profession must not take or use a nursing related title for the profession. Maximum penalty—500 penalty units. (7) Subsection (6) does not apply to a person if— (a) the person is undertaking an accredited nursing course for a profession; and (b) the person takes or uses a nursing related title for the profession, in conjunction with words indicating the person is a student in the profession. (8) A person (the first person ) must not, in relation to another person who the first person knows, or ought reasonably to know, is not a recognised person for a profession use a nursing related title for the profession. Maximum penalty—500 penalty units. (9) Subsection (8) does not apply to the first person if— (a) the other person is undertaking an accredited nursing course for a profession; and

s 77D 58 Nursing Act 1992 s 77D (b) the first person uses a nursing related title for the profession in relation to the other person, in conjunction with words indicating the other person is a student in the profession. (10) In this section— nursing related title , for a profession, means a title (other than a restricted title), name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate— (a) a person is a recognised person for the profession; or (b) the person is, under this Act, authorised or qualified to practise the profession. restricted title means a title that consists of, or includes— (a) for the nursing profession as practised by a registered nurse—registered nurse; or (b) for the nursing profession as practised by an enrolled nurse—enrolled nurse; or (c) for the midwifery profession—midwife. 77D Claims by persons as to registration etc. (1) A person who is not a recognised person for a profession must not— (a) claim, or hold himself or herself out, to be a recognised person for the profession; or (b) allow himself or herself to be held out as being a recognised person for the profession; or (c) claim, or hold himself or herself out, to be eligible to be a recognised person for the profession. Maximum penalty—1000 penalty units. (2) A person who is not, under this Act, authorised to practise in an area of nursing must not— (a) claim, or hold himself or herself out, to be authorised to practise in the area of nursing; or

s 77E 59 Nursing Act 1992 s 77F (b) allow himself or herself to be held out as being authorised to practise in the area of nursing; or (c) claim, or hold himself or herself out, to be eligible to be authorised to practise in the area of nursing. Maximum penalty—1000 penalty units. 77E Claims by persons as to other persons’ registration etc. A person must not hold out another person as being— (a) a recognised person for a profession if the person knows, or ought reasonably to know, the other person is not a recognised person for the profession; or (b) authorised under this Act to practise in an area of nursing if the person knows, or ought reasonably to know, the other person is not authorised to practise in the area of nursing. Maximum penalty—1000 penalty units. 77F Restrictions on persons with conditional, provisional or limited registration or enrolment A person whose registration or enrolment is subject to a condition, or is provisional or limited must not— (a) claim, or hold himself or herself out to be registered or enrolled other than as— (i) subject to the condition; or (ii) provisionally; or (iii) subject to the limitation; or (b) allow himself or herself to be held out as being registered or enrolled other than as— (i) subject to the condition; or (ii) provisionally; or (iii) subject to the limitation. Maximum penalty—100 penalty units.

s 77G 60 Nursing Act 1992 s 77H 77G Restrictions on persons with conditional authorisation A person whose authorisation, under this Act, to practise nursing or midwifery is subject to a condition must not— (a) claim, or hold himself or herself out to be authorised other than as subject to the condition; or (b) allow himself or herself to be held out as being authorised other than as subject to the condition. Maximum penalty—100 penalty units. 77H Restrictions on practising nursing (1) A person must not practise nursing unless the person is— (a) a registered nurse practising the profession as practised by a registered nurse; or (b) an enrolled nurse practising the profession as practised by an enrolled nurse; or (c) authorised under this Act to practise in an area of nursing and practising in the area. Maximum penalty—1000 penalty units. (2) Subsection (1) does not apply to caring for a woman in childbirth. 2 (3) Also, subsection (1) does not apply to— (a) a health professional carrying out, in the practice of the person’s profession, an activity that would ordinarily be carried out in the practice of the profession; or (b) a person engaged in providing a health service and carrying out an activity that is within the person’s professional training and expertise; or (c) a person, including, for example, a nursing assistant, practising under the supervision of a registered nurse; or (d) a person who is— 2 See section 77I (Restrictions on caring for a woman in childbirth).

s 77I 61 Nursing Act 1992 s 77I (i) undertaking an accredited nursing course for qualification for registration as a registered nurse or enrolment as an enrolled nurse; and (ii) practising under the supervision of a registered nurse; or (e) a person who is— (i) undertaking study or training for qualification for registration as a health professional; and (ii) practising under the supervision of a health professional for the relevant health profession or a registered nurse; and (iii) carrying out an activity that would ordinarily be carried out in the practice of the relevant health profession; or (f) a person who is— (i) undertaking a midwifery course accredited by the council; and (ii) practising under the supervision of a midwife; and (iii) carrying out an activity as part of the course that would ordinarily be carried out by a midwife; or (g) a person giving help in an emergency; or (h) a person carrying out an activity for which no fee or reward is expected or received. Examples for paragraph (h) — 1 a mother nurses a sick child at home 2 a person nurses an elderly parent at home (4) Without limiting subsection (1), a person may be practising nursing even if the person carries out 1 or more activities, usually carried out in the practice of nursing, on 1 occasion only or only on a limited number of occasions. 77I Restrictions on caring for a woman in childbirth (1) A person must not care for a woman in childbirth unless the person is authorised under this Act to practise midwifery.

s 77I 62 Nursing Act 1992 s 77I Maximum penalty—1000 penalty units. (2) Subsection (1) does not apply to— (a) any of the following persons carrying out, in the practice of the person’s profession, an activity that would ordinarily be carried out in the practice of the profession— (i) a registered nurse; (ii) an enrolled nurse; (iii) a person authorised under this Act to practice nursing in an area of nursing other than midwifery; (iv) a health professional; or (b) a person acting under the supervision of a midwife or a medical practitioner; or (c) a person undertaking, under the supervision of a medical practitioner or midwife, a midwifery course accredited by the council; or (d) a person who is— (i) undertaking an accredited nursing course for qualification for registration as a registered nurse or enrolment as an enrolled nurse; and (ii) practising under the supervision of a registered nurse; and (iii) carrying out an activity as part of the course that would ordinarily be carried out by a registered nurse or an enrolled nurse; or (e) a person who is— (i) undertaking study or training for qualification for registration as a health professional; and (ii) practising under the supervision of a health professional for the relevant health profession; and (iii) carrying out an activity that would ordinarily be carried out in the practice of the relevant health profession; or (f) a person giving help in an emergency; or

s 78 63 s 79 Nursing Act 1992 (g) a person carrying out activities for which no fee or reward is expected or received. Part 4 Accreditation of nursing courses Division 1 Preliminary 78 Definitions for pt 4 In this part— application fee see section 79(2)(b)(i). assessment body means a body recognised by the council as competent to assess standards of nursing education. information notice , about a decision of the council, means a notice— (a) complying with the QCAT Act, section 157(2) about the decision; and (b) if the decision is that the accreditation of a nursing course be renewed or cancelled—that also includes a direction to return the certificate of accreditation to the council within 14 days. notice means written notice. show cause notice see section 83R(1). show cause period see section 83R(2)(d). Division 2 Accreditation of nursing course 79 Application for accreditation (1) A person may apply to the council for accreditation of a nursing course.

s 80 64 s 81 Nursing Act 1992 (2) The application must— (a) be in the approved form; and (b) be accompanied by— (i) the fee (the application fee ) prescribed under a regulation; and (ii) any other documents, identified in the approved form, the council reasonably requires. (3) Information in the application must, if the approved form requires, be verified by a statutory declaration. 80 Late applications (1) This section applies if the application is made after the day prescribed under a regulation. (2) In addition to the application fee, the application must be accompanied by the fee (the late fee ) prescribed under a regulation. (3) If the council reasonably considers there is insufficient time to adequately consider the application having regard to the proposed commencement day for the nursing course, the council must— (a) refuse to consider the application; and (b) refund the application fee and late fee. 81 Criteria for applications (1) The council may grant the application only if it is satisfied the standard of education offered by the nursing course is sufficient to enable persons undertaking the nursing course to gain the skills and knowledge necessary to competently and safely practise in the area of nursing to which the nursing course relates. (2) In deciding the application, the council may have regard to the following— (a) the duration, structure and content of the nursing course, including theoretical and clinical experience components;

s 82 65 s 82 Nursing Act 1992 (b) the nature of the assessment, and supervision, of students by teaching staff to take place under the nursing course; (c) the status of the nursing course under another Act; (d) the resources and facilities that will be available under the nursing course; (e) the management, staffing and record-keeping policies and practices of the school of nursing that will conduct the nursing course; (f) the advice and recommendation of an assessment body. 82 Protection from liability (1) This section applies if an assessment body, honestly and on reasonable grounds, gives advice, or makes a recommendation, to the council under section 81(2)(f). (2) A discloser is not liable, civilly, criminally or under an administrative process, for disclosing information contained in the advice or recommendation. (3) Without limiting subsection (2)— (a) in a proceeding for defamation, the discloser has a defence of absolute privilege for publishing the disclosed information; and (b) if the discloser would otherwise be required to maintain confidentiality about the disclosed information under an Act or oath, or a rule of law or practice, the discloser— (i) does not contravene the Act, oath, rule of law or practice by disclosing the information; and (ii) is not liable to disciplinary action for disclosing the information. (4) In this section— discloser means any of the following— (a) an assessment body that gives advice, or makes a recommendation, under section 81(2)(f);

s 83 66 s 83C Nursing Act 1992 (b) all the members of that assessment body; (c) each of the members of that assessment body. 83 Inquiries into applications (1) This section applies if the council reasonably considers further information or a document is required to decide the application. (2) The council may, by notice given to the applicant within the period prescribed under a regulation, require the applicant to give the council the further information or document within the period stated in the notice. (3) The period stated in the notice must not be less than the period prescribed under a regulation. (4) The applicant is taken to have withdrawn the application if the applicant does not comply with the requirement. 83A Decision (1) The council must consider the application and decide to accredit, or refuse to accredit, the nursing course. (2) If it decides to accredit the nursing course, the council must as soon as practicable issue an accreditation certificate for the nursing course to the applicant. (3) If it decides to refuse to accredit the nursing course, the council must as soon as practicable give the applicant an information notice about the decision. 83B Failure to decide applications If the council fails to decide the application within the period prescribed under a regulation, the council is taken to have decided to refuse to accredit the nursing course. 83C Period of accreditation The period of accreditation that is to apply to a nursing course is the period, not more than 5 years, stated in the accreditation certificate for the nursing course.

s 83D 67 Nursing Act 1992 s 83F 83D Standard condition It is a condition of the accreditation of an accredited nursing course that the holder of the certificate of accreditation— (a) allows an inspector to enter, at any reasonable time, a place to examine the holder’s operation for the nursing course at the place; and (b) complies with all reasonable requests by an inspector to inspect a document— (i) relevant to the nursing course; or (ii) necessary to establish the standard at which the course is being conducted; for the purpose of the council considering whether the nursing course and the way of delivering it comply with the accreditation. 83E Conditions (1) The council may decide to accredit a nursing course subject to the conditions that are relevant and reasonable. Example of a condition the council may decide to impose on the accreditation of a nursing course — The nursing course is not to commence until it is also accredited under the Higher Education (General Provisions) Act 2008 . (2) If the council decides to accredit a nursing course subject to conditions it must as soon as practicable give the applicant an information notice about the decision. 83F Accreditation certificate (1) An accreditation certificate for a nursing course must be in the approved form. (2) The approved form must provide for the inclusion of the following— (a) the name of the nursing course; (b) the name of the holder of the certificate; (c) the period of accreditation;

s 83G 68 Nursing Act 1992 s 83G (d) the name and address of the school of nursing conducting the nursing course; (e) any conditions imposed on the accreditation, other than the condition under section 83D. Division 3 Variation of accredited nursing course 83G Application for approval of variation (1) The holder of an accreditation certificate for a nursing course may apply to the council for approval of a variation of the accredited nursing course. (2) The application must— (a) be in the approved form; and (b) be accompanied by— (i) the fee prescribed under a regulation; and (ii) any other documents, identified in the approved form, the council reasonably requires. (3) An application for approval of a variation of an accredited nursing course may not be made during the following periods— (a) the period between the day prescribed under section 83L(2)(c) and the day the period of accreditation ends; (b) the period between the day an application for renewal of the accreditation is made and the day a decision is made under section 83O about the application; (c) the period between the day a show cause notice has been given to the holder of the accreditation certificate and the day the holder has been given a notice under section 83T(3) that no further action is to be taken about the show cause notice.

s 83H 69 Nursing Act 1992 s 83I 83H Inquiries into applications (1) This section applies if the council reasonably considers further information or a document is required to decide the application. (2) The council may, by notice given to the applicant, require the applicant to give the council the further information or document within the reasonable period stated in the notice. (3) The applicant is taken to have withdrawn the application if the applicant does not comply with the requirement. 83I Decision (1) The council must consider the application and approve, or refuse to approve, the variation of the accredited nursing course. (2) In making its decision, the council may have regard to the matters to which the council may have regard in deciding whether to accredit a nursing course. 3 (3) If, under subsection (2), the council receives advice or a recommendation from an assessment body, section 82 applies to the disclosure of information contained in the advice or recommendation as if the advice or recommendation had been given or made under section 81(2)(f). (4) Without limiting subsection (2), the council must refuse to approve the variation of the accredited nursing course if the council reasonably considers— (a) the proposed variation would change the character of the nursing course to the extent that it would no longer be the accredited nursing course; or (b) the proposed variation is within the scope of the accredited nursing course. (5) If it decides to refuse to approve the variation of the accredited nursing course, the council must as soon as practicable give the applicant an information notice about the decision. 3 See section 81(2) for a list of the matters.

s 83J 70 Nursing Act 1992 s 83L (6) If it decides to approve the variation of the accredited nursing course, the council must as soon as practicable give the applicant a notice about the decision. (7) The approval of the variation of the accredited nursing course takes effect from the day the holder of the accreditation certificate receives the notice. 83J Failure to decide applications If the council fails to decide the application within the period prescribed under a regulation, the failure is taken to be a decision by the council to refuse to approve the variation of the accredited nursing course. 83K Refund of fees (1) This section applies if— (a) the council refuses under section 83I(4) to approve a variation of an accredited nursing course; or (b) the council is taken, under section 83J, to have decided to refuse to approve a variation of an accredited nursing course. (2) The council must refund the fee paid under section 83G(2)(b)(i) for the application. Division 4 Renewal of accreditation 83L Applications for renewal (1) The holder of an accreditation certificate for a nursing course may apply to the council for the renewal of the accreditation. (2) The application must— (a) be in the approved form; and (b) be accompanied by— (i) the fee prescribed under a regulation; and

s 83M 71 Nursing Act 1992 s 83N (ii) any other documents, identified in the approved form, the council reasonably requires; and (c) be given to the council not later than the day prescribed under a regulation. (3) Information in the application must, if the approved form requires, be verified by a statutory declaration. 83M Inquiries into applications (1) This section applies if the council reasonably considers further information or a document is required to decide the application. (2) The council may, by notice given to the applicant within the period prescribed under a regulation, require the applicant to give the council the further information or document within the period stated in the notice. (3) The period stated in the notice must not be less than the period prescribed under a regulation. (4) The applicant is taken to have withdrawn the application if the applicant does not comply with the requirement. 83N Accreditation taken to be in force while application is considered (1) If an application is made under section 83L, the accreditation is taken to continue in force from the day that it would, apart from this section, have expired until the application is decided under section 83O or taken to have been withdrawn under section 83M(4). (2) However, if the application is refused, the accreditation continues in force until the information notice for the decision is given to the applicant. (3) Subsection (1) does not apply if the accreditation is earlier cancelled.

s 83O 72 Nursing Act 1992 s 83Q 83O Decision (1) The council must consider the application and renew, or refuse to renew, the accreditation. (2) In making its decision, the council may have regard to the matters to which the council may have regard in deciding whether to accredit the nursing course. 4 (3) If, under subsection (2), the council receives advice or a recommendation from an assessment body, section 82 applies to the disclosure of information contained in the advice or recommendation as if the advice or recommendation had been given or made under section 81(2)(f). (4) If it decides to refuse to renew the accreditation, the council must as soon as practicable give the applicant an information notice about the decision. (5) If it decides to renew the accreditation, it must as soon as practicable— (a) endorse the existing accreditation certificate for the nursing course; or (b) cancel the existing certificate and issue another accreditation certificate for the nursing course. 83P Failure to decide application If the council fails to decide the application within the period prescribed under a regulation, the failure is taken to be a decision by the council to refuse to renew the accreditation of the nursing course. Division 5 Cancellation of accreditation 83Q Ground for cancellation (1) The accreditation for a nursing course may be cancelled, under this division, on the ground that— 4 See section 81(2) for a list of the matters.

s 83R 73 Nursing Act 1992 s 83R (a) the holder of the accreditation has contravened a condition of the accreditation; or (b) the nursing course is no longer being conducted in accordance with the accreditation; or (c) it is otherwise no longer appropriate for the nursing course to continue to be accredited. (2) For forming a belief that the ground exists under subsection (1)(b), the council may have regard to the matters to which the council may have regard in deciding whether to accredit a nursing course. 5 (3) If, under subsection (2), the council receives advice or a recommendation from an assessment body, section 82 applies to the disclosure of information contained in the advice or recommendation as if the advice or recommendation had been given or made under section 81(2)(f). (4) The accreditation of a nursing course may not be cancelled on the ground the nursing course is no longer being conducted in accordance with the accreditation if— (a) the ground is based on a variation in the accredited nursing course for which an application for approval was made under section 83G by the holder of the accreditation; and (b) the council refused under section 83I(4)(b) to grant the application. 83R Show cause notice (1) If the council believes a ground exists to cancel the accreditation for a nursing course, the council must before taking action to cancel the accreditation give the holder of the accreditation certificate for the nursing course a notice (a show cause notice ). (2) The show cause notice must state the following— (a) that the council proposes to cancel the accreditation under this division; 5 See section 81(2) for a list of the matters.

s 83S 74 Nursing Act 1992 s 83U (b) the ground for the proposed cancellation; (c) an outline of the facts and circumstances forming the basis for the ground; (d) an invitation to the holder to show within a stated period (the show cause period ) why the council should not cancel the accreditation. (3) The show cause period must be a period that is at least the period prescribed under a regulation. 83S Submissions about show cause notices (1) The holder of the accreditation certificate may make written submissions about the show cause notice to the council in the show cause period. (2) The council must consider all written submissions made under subsection (1). 83T Ending show cause process without further action (1) This section applies if, after considering the submissions about the show cause notice, the council no longer believes the ground exists to cancel the accreditation. (2) The council must not take any further action about the show cause notice. (3) The council must give the holder of the accreditation certificate notice that no further action is to be taken about the show cause notice. 83U Cancellation (1) This section applies if, after considering the submissions about the show cause notice, the council— (a) still believes the ground exists to cancel the accreditation; and (b) believes cancellation of the accreditation is warranted. (2) This section also applies if there are no submissions under section 83S(1).

s 83V 75 Nursing Act 1992 s 83W (3) The council may decide to cancel the accreditation. (4) If the council decides to cancel the accreditation, it must as soon as practicable give an information notice about the decision to the holder of the accreditation certificate. (5) The decision takes effect on— (a) the day the information notice is given to the holder; or (b) if a later day of effect is stated in the information notice, the later day. 83V Return of accreditation certificate to council (1) This section applies if the council decides to cancel the accreditation for a nursing course and gives an information notice for the decision to the holder of the accreditation certificate. (2) The holder must return the accreditation certificate for the nursing course to the council within 14 days after the decision to cancel the accreditation takes effect under section 83U(5), unless the holder has a reasonable excuse. Maximum penalty—10 penalty units. Division 6 Offences relating to accreditation 83W Person must not make false claims in relation to nursing course (1) A person must not advertise that the person is willing or able to provide an accredited nursing course unless the course is accredited under this part. Maximum penalty—10 penalty units. (2) A person must not do any of the following in relation to a course purporting to be an accredited nursing course or a recognised nursing course if the course is not an accredited nursing course or recognised nursing course— (a) enrol, or cause another person to enrol, a person in the course;

s 83X 76 Nursing Act 1992 s 83Y (b) offer to enrol, or enter into an agreement to enrol, a person in the course; (c) collect, or accept, a fee for enrolling a person in the course; (d) invite a person to enrol in the course. Maximum penalty—10 penalty units. (3) In this section— recognised nursing course means a course that provides a qualification that is recognised under section 77(3) by the council. Division 7 General provisions about accreditation 83X Surrender of accreditation (1) The holder of the accreditation certificate for a nursing course may surrender the accreditation by notice given to the council. (2) The surrender takes effect— (a) on the day the notice is given to the council; or (b) if a later day of effect is stated in the notice, on the later day. (3) The holder must return the accreditation certificate for the nursing course to the council within 14 days after the day the surrender takes effect, unless the holder has a reasonable excuse. Maximum penalty—10 penalty units. 83Y Replacement of accreditation certificates (1) The holder of the accreditation certificate for a nursing course may apply in writing to the council for the replacement of the certificate if it has been lost, stolen, destroyed or damaged. (2) The council must consider the application and either grant, or refuse to grant, the application.

s 85 77 s 86 Nursing Act 1992 (3) The council may grant the application only if the council is satisfied the certificate has been lost, stolen or destroyed, or damaged in a way to require its replacement. (4) If the council grants the application, the council must, on payment of the fee prescribed under a regulation, issue another certificate to the applicant to replace the lost, stolen, destroyed or damaged certificate. (5) If the council refuses to grant the application, the council must as soon as practicable give the applicant an information notice about the decision. Part 5 Professional conduct Division 1 Matters referred to QCAT 85 Tribunal’s functions The functions of the tribunal under this Act are— (a) to hear any disciplinary matter that is referred to it under this Act; and (b) in relation to disciplinary matters, to make findings about whether a ground for disciplinary action is established; and (c) to take appropriate action under section 116; and (d) to carry out such other functions as are conferred on it by this or another Act. 86 Tribunal’s constitution (1) The tribunal must be constituted by a judicial member. (2) In this section— judicial member means a judicial member under the QCAT Act.

s 87 78 s 88 Nursing Act 1992 Division 1A Assessors Subdivision 1 Use of assessors in a hearing 87 Assessors to assist tribunal (1) In conducting disciplinary proceedings in relation to a nurse, midwife or other person authorised to practise nursing, the tribunal must be assisted by— (a) 1 assessor chosen by the principal registrar from the public panel of assessors; and (b) 2 assessors chosen by the principal registrar from the professional panel of assessors. (2) Despite subsection (1), the tribunal may conduct a hearing under this Act without the assistance of any of the assessors required under subsection (1) if the tribunal is satisfied it is necessary because of the urgency of the matter. (3) In this section— public panel of assessors see the Health Practitioners (Professional Standards) Act 1999 , section 39. 88 Restrictions on appointment of assessors (1) Subsection (2) applies to disciplinary proceedings relating to a complaint by— (a) a user of a service provided by a nurse, midwife or other person authorised to practise nursing; or (b) an entity acting on behalf of a user of a service provided by a nurse, midwife or other person authorised to practise nursing. (2) The presiding member of the tribunal or at least 1 of the assessors appointed to assist the tribunal must be of the same gender as the user unless— (a) the presiding member is conducting the hearing under section 87(2); or

s 89 79 s 90 Nursing Act 1992 (b) the complaint is a complaint accepted by the council under section 102AC(2). (3) Before choosing an assessor under section 87(1), the principal registrar must be satisfied the assessor does not have a personal or professional connection with the nurse, midwife or other person authorised to practise nursing to whom the disciplinary proceedings relate that may prejudice the way in which the assessor performs the assessor’s functions. (4) In this section— presiding member see the QCAT Act, section 170. 89 Council must advise president of specialist and technical issues (1) If the council refers a disciplinary matter to the tribunal, the council must at the time of the referral— (a) advise the principal registrar whether the matter is likely to raise issues of a specialist or technical nature; and (b) if the matter is likely to raise issues of a specialist or technical nature—advise the principal registrar of the type of professional background or skills that an assessor assisting the tribunal should have. (2) The principal registrar must have regard to the council’s advice under subsection (1) when choosing an assessor from the professional panel of assessors to assist the tribunal. 90 Functions and powers of assessors (1) The function of an assessor is to advise the tribunal on questions of fact arising during the hearing of a disciplinary matter. (2) To enable an assessor to perform the assessor’s function, the assessor may, during the hearing— (a) ask a witness before the tribunal a question; and (b) discuss any question of fact with a lawyer or other person appearing for a party at the hearing.

s 91 80 s 93 Nursing Act 1992 91 Payment of assessors An assessor is entitled to be paid the remuneration and allowances decided by the Governor in Council. Subdivision 2 Professional panel of assessors 92 Establishment of professional panel of assessors There is to be a professional panel of assessors. 93 Appointment of individuals to panel (1) The Governor in Council may, by gazette notice, appoint individuals as members of the professional panel of assessors. (2) The professional panel of assessors must consist of the number of members decided by the Minister having regard to— (a) the likely demand for members to assist the tribunal; and (b) the diversity of the nursing and midwifery professions. (3) An individual is qualified to be recommended by the Minister for appointment as a member of the professional panel of assessors only if— (a) the individual is— (i) enrolled as an enrolled nurse; or (ii) registered as a registered nurse; or (iii) authorised by the council to practise midwifery; or (iv) registered, licensed or otherwise authorised to practise the profession in another State; or (v) authorised by the council to practise in any other area of nursing; and (b) the Minister is satisfied the individual has sufficient experience, knowledge, skills and standing in the nursing or midwifery profession having regard to the functions of assessors.

s 94 81 s 95 Nursing Act 1992 94 Disqualification from membership of panel An individual must not be appointed as, or continue as, a member of a panel of assessors if— (a) the individual is a member of the council; or (b) the individual is a nurse, midwife or other person authorised to practise nursing— (i) whose registration, enrolment or authorisation ceases to have effect; or (ii) whose registration, enrolment or authorisation is subject to conditions that limit the individual’s right to practise the profession; or (iii) whose registration, enrolment or authorisation is subject to an undertaking with the council or tribunal; or (c) the individual is registered, licensed or otherwise authorised to practise the profession in another State and— (i) the registration, licence or other authorisation is cancelled or suspended; or (ii) the registration, licence or other authorisation is subject to conditions that limit the individual’s right to practise the profession; or (iii) the individual has entered into an undertaking with an entity in that State that performs the same functions as a disciplinary body. 95 Procedure for recommending members of panels of assessors (1) Before recommending individuals as members of the professional panel of assessors, the Minister must invite nominations from— (a) the council; and (b) universities and training institutions that— (i) are established in Queensland; and

s 96 82 s 97 Nursing Act 1992 (ii) are engaged in the education of students for the nursing or midwifery profession; and (c) professional colleges established in Australia that the Minister considers are relevant to the nursing or midwifery profession; and (d) professional associations that the Minister considers are representative of the nursing or midwifery profession; and (e) persons who are qualified as mentioned in section 93(3) and not disqualified under section 94. (2) The invitation in subsection (1)(e) must be made by advertisement in a newspaper circulating generally throughout the State. (3) However, subsections (1) and (2) do not apply if the Minister reasonably believes that it is necessary to urgently appoint an individual as a member of the professional panel of assessors because— (a) the secretary or registrar considers a disciplinary matter is likely to raise issues of a specialist or technical nature; and (b) the secretary or registrar has advised the Minister that— (i) none of the panel members have the desirable professional background or skills; or (ii) panel members who do have the desirable professional background or skills will not be available to hear the matter. 96 Duration of appointment A member of the professional panel of assessors may be appointed for a term not longer than 5 years. 97 Conditions of appointment A member of the professional panel of assessors holds office on the conditions provided in this Act and the other conditions decided by the Governor in Council.

s 98 83 s 101A Nursing Act 1992 98 Vacation of office (1) A member of the professional panel of assessors vacates the member’s office if— (a) the member can not continue as a member under section 94; or (b) the member resigns by signed notice of resignation given to the Minister; or (c) the Governor in Council, by written notice given to the member, removes the member from the panel. (2) The Governor in Council may remove a member from the panel if the member is— (a) incapable of properly performing the functions of an assessor; or (b) unfit to be a member of a panel. Example of circumstances when member may be unfit to be a member of a panel— A member of the professional panel of assessors may be considered to be unfit to hold office as a member if disciplinary action is taken against the member under this Act. Division 2 When part does not apply 101 Action taken because of industrial disputes etc. This part does not apply to action taken, or not taken, by a person because of an industrial dispute that does not involve civil or criminal negligence by the person. Division 2A Codes of practice 101A Council may develop or adopt code of practice (1) The council may develop a code of practice, or adopt another entity’s code of practice, to provide guidance for nurses, midwives and other persons authorised to practise nursing as to appropriate professional conduct or nursing practice.

s 101B 84 Nursing Act 1992 s 101C (2) In developing or amending a code of practice, or before adopting a code of practice, the council must consult with— (a) the commission; and (b) community groups and other entities in the State that the council considers have an interest in consumer health issues; and (c) professional associations in the State that the council considers are representative of nurses, midwives or other persons authorised to practise nursing; and (d) universities and training institutions, established in Queensland, that are engaged in nurse education; and (e) professional colleges established in Australia that the council considers are relevant to nurses, midwives or other persons authorised to practise nursing; and (f) any other entity the Minister directs the council to consult with. (3) A code of practice, or an amendment of a code of practice, has no effect until it is approved by the Minister by gazette notice. (4) The council must review its approved codes of practice on a regular basis. 101B Inspection of approved codes of practice etc. (1) The executive officer must keep copies of approved codes of practice available for inspection at the council’s office by members of the public during ordinary office hours. (2) Also, the council must ensure that nurses, midwives and other persons authorised to practise nursing are notified of the approval of a code of practice and any amendment of the code. 101C Use of approved code of practice in disciplinary proceedings (1) An approved code of practice is admissible as evidence in disciplinary proceedings brought by the council against a nurse, midwife or other person authorised to practise nursing.

s 102 85 Nursing Act 1992 s 102AA (2) The code may only be used to provide evidence, in the disciplinary proceedings, of appropriate professional conduct or nursing practice. Division 3 Complaints and investigations 102 Who may make complaint about nurse, midwife or other person authorised to practise nursing A complaint about a nurse, midwife or another person authorised to practise nursing (the other person ) may be made by any entity, including, for example— (a) the user of a service provided by the nurse, midwife or other person; or (b) an entity acting on behalf of the user of a service provided by the nurse, midwife or other person; or (c) another nurse, midwife or other person; or (d) the chief executive; or (e) the Minister; or (f) a foreign regulatory authority. 102AA Grounds for complaint (1) An entity may complain about a relevant person by complaining to the council about any aspect of the relevant person’s conduct or practice, or another matter relating to the relevant person, that appears to provide a ground for disciplinary action against the relevant person. (2) Also, a complaint may be made about a matter for which a health service complaint could be made under the Health Quality and Complaints Commission Act 2006 . (3) In this section— relevant person means a nurse, midwife or other person authorised to practise nursing.

s 102AB 86 Nursing Act 1992 s 102A 102AB How complaint is made A complaint to the council about a nurse, midwife or other person authorised to practise nursing must be in writing and contain particulars of the allegation on which it is based. 102AC Entity making complaint to reveal identity (1) An entity making a complaint about a relevant person must give the council— (a) the entity’s name and address; and (b) any other information relating to the entity’s identity that the council reasonably requires. (2) However, the council may accept a complaint from a complainant who does not comply with subsection (1) if the council reasonably believes it is in the public interest to do so. (3) If the council accepts a complaint under subsection (2), the council must provide the relevant person with written notice of its reasons for accepting the complaint. (4) In this section— relevant person means a nurse, midwife or other person authorised to practise nursing. 102A Action by council on receipt of complaint (1) This section applies if the council receives a complaint about a nurse, midwife or another person authorised to practise nursing. (2) If the complaint is a user complaint, the council must immediately refer the complaint to the commission unless— (a) following consultation between the council and the commission, the council and the commission agree it is in the public interest for the council to retain the complaint for investigation or other action; or (b) the council has suspended the nurse, midwife or other person under section 67; or (c) the executive officer has suspended the nurse, midwife or other person under section 68.

s 102B 87 Nursing Act 1992 s 102C (3) If the complaint is not a user complaint, the council may decide to investigate the nurse, midwife or other person. (4) If the council is not required to immediately refer the complaint to the commission under subsection (2) or the complaint is not a user complaint, the council must, as soon as practicable after receipt of the complaint, give a copy of it to the commission. (5) If the council agrees with the commission to keep a complaint and take stated action under subsection (2)(a), the council must take the stated action, as soon as practicable after reaching the agreement. (6) In this section— user complaint means a complaint by— (a) a user of a service provided by a nurse, midwife or other person authorised to practise nursing; or (b) a representative of a user mentioned in paragraph (a). 102B Referral of complaint to commission (1) If the council refers a complaint to the commission under section 102A, the complaint is, under the Health Quality and Complaints Commission Act 2006 , taken to be a health service complaint made to the commission. (2) The council is to take no further action on the complaint unless, under the Health Quality and Complaints Commission Act 2006 , the commission refers the complaint back to the council. (3) The council may give the commission information, comments and recommendations in relation to the complaint and the nurse, midwife or other person authorised to practise nursing against whom the complaint has been made. 102C Investigation to be undertaken by council (1) The council may, on the basis of a complaint or on its own initiative, investigate a relevant person if it reasonably believes an aspect of the relevant person’s conduct or practice,

s 102D 88 Nursing Act 1992 s 103 or another matter relating to the relevant person, may provide a ground for disciplinary action against the relevant person. (2) In this section— relevant person means a nurse, midwife or other person authorised to practise nursing. 102D Action may be taken in relation to former nurses etc. The council may take action under this part against a person on the basis that there may be a ground for disciplinary action to be taken against the person in relation to something that happened when the person was a nurse, midwife or authorised to practise nursing even if the person is no longer a nurse, midwife or authorised to practise nursing. 103 Investigation by council (1) This section applies if a person is to be investigated because of— (a) a complaint under section 102AA; or (b) a complaint referred to the council by the commission; or (c) the suspension of the registration or enrolment of a nurse under section 67(1); or (d) a decision by the council, on its own initiative, to investigate a nurse, midwife or another person authorised to practise nursing. (1A) The investigation must be conducted by an inspector. (2) The executive officer must notify the person against whom the complaint is made of the council’s decision to conduct an investigation. (3) A person does not incur civil liability for the disclosure to an inspector of information or documents relating to the person the subject of the complaint. (4) The inspector must—

s 103A 89 Nursing Act 1992 s 103A (a) give the person an opportunity during the course of the investigation to make formal submissions to the inspector; and (b) if subsection (1)(a) applies—give the person particulars of the complaint. (5) On conclusion of the investigation, the inspector must give— (a) to the council—a written report, in reasonable detail, of— (i) findings about the complaint or other matter the subject of the investigation; and (ii) opinions based on the findings; and (b) to the person—a written outline of the report and general particulars of findings adverse to the person. (6) If the executive officer suspects, on reasonable grounds, that the person may be suffering from an addiction to alcohol or drugs or another condition that impairs the person’s ability to practise nursing or midwifery, the officer may, by written notice, direct the person to undergo an assessment by the panel under division 5. (7) The council must bear the cost of the assessment unless the council determines that the whole or a part of the cost should be borne by the person. (8) The panel must give a written report of its assessment to the council. (9) The council must give a copy of the report to the person the subject of the complaint or, if it considers it appropriate, the person’s medical practitioner. 103A Council to keep commission informed about investigation (1) If the council conducts an investigation of a person it must, during the investigation, give to the commission the reasonable reports requested by the commission about the investigation.

s 103B 90 Nursing Act 1992 s 103B (2) As soon as practicable after completing the investigation, the council must give the commission a report about the investigation. (3) The report must include— (a) the council’s findings about the investigation including, if the investigation was the result of a complaint, the council’s findings about the complaint; and (b) the action taken or proposed to be taken by the council about the complaint or other matter the subject of the investigation. (4) The commission may give the council information, comments or recommendations about a report given to the commission under subsection (1) or (2), within 14 days after receiving the report or the longer period decided by the council. (5) If the commission gives information, comments or recommendations to the council under subsection (4), the council must have regard to the information, comments or recommendations in making a decision about action it intends to take about the complaint or other matter the subject of the investigation. (6) The commission may give the Minister a report about investigations conducted by the council or a particular investigation. 103B Council may refer complaint to appropriate entity In addition to any other action taken under this Act, the council may, at any time, refer a complaint to another entity that has a function or power to deal with the complaint. Example of circumstance in which council may refer complaint to another entity — If a complaint about a nurse’s conduct alleges or indicates possible criminal activity, the council may, in addition to taking action against the nurse for professional misconduct under this Act, refer the matter to the commissioner of the police service for action.

s 104 91 Nursing Act 1992 s 104A 104 Referral of disciplinary matter to tribunal (1) If the council reasonably believes a disciplinary matter exists in relation to a person, the council may refer the disciplinary matter, as provided under the QCAT Act, to the tribunal for hearing and determination. (2) When referring a disciplinary matter to the tribunal, the council must give the tribunal and the person sufficient particulars to inform the tribunal and the person of the ground for disciplinary action to be taken against the person. (3) If the council refers a disciplinary matter to the tribunal, the council must immediately give notice of the referral to the commission. Division 3A Grounds for disciplinary action 104A Grounds (1) Each of the following is a ground for disciplinary action against a relevant person— (a) the relevant person has behaved in a way that constitutes unsatisfactory professional conduct; (b) the relevant person has failed to comply with a condition of practice imposed under this Act; (c) the relevant person has failed to comply with a lawful demand of the council, executive officer or tribunal, or an inspector or another entity authorised to make the demand under this Act; (d) the relevant person does not meet, or no longer meets, the requirements to be a nurse, midwife or other person authorised to practise nursing; (e) the relevant person has failed to comply with a provision of this Act; (f) the relevant person has been convicted of an offence against an Act of the State, the Commonwealth or another State related to nursing practice;

s 104A 92 Nursing Act 1992 s 104A (g) the relevant person has been convicted of an indictable offence. (2) Also, if a relevant person is impaired, the relevant person’s impairment is taken to be a ground for disciplinary action against the relevant person. (3) In this section— authorised person means a person authorised to practise nursing under section 77(2), (3) or (4). impairment , of a relevant person, means the relevant person has a physical or mental impairment, disability, condition or disorder that detrimentally affects, or is likely to detrimentally affect, the relevant person’s physical or mental capacity for nursing practice and includes substance abuse or dependence. relevant person means a nurse, midwife or authorised person. unsatisfactory professional conduct , for a relevant person, includes the following— (a) professional conduct that is of a lesser standard than that which might reasonably be expected of the relevant person by the public or the relevant person’s professional peers; (b) professional conduct that demonstrates incompetence, or a lack of adequate knowledge, skill, judgment or care, in nursing practice; (c) infamous conduct in a professional respect; (d) misconduct in a professional respect; (e) conduct discreditable to the nursing profession; (f) providing a person with health services of a kind that are excessive, unnecessary or not reasonably required for the person’s wellbeing; (g) influencing, or attempting to influence, the conduct of another nurse, midwife or authorised person in a way that may compromise patient care; (h) fraudulent or dishonest behaviour in nursing practice.

s 114 93 Nursing Act 1992 s 116 Division 4 Tribunal proceedings 114 Health assessment (1) If the tribunal believes, on reasonable grounds, that a person against whom a disciplinary matter has been referred is suffering from— (a) an addiction to alcohol or drugs; or (b) another condition; that impairs the person’s ability to practise nursing or midwifery, the president of the tribunal may, by written notice, direct the person to be assessed by the Health Assessment Advisory Panel. (2) The council must bear the cost of the assessment unless the tribunal orders otherwise. (3) The panel must give a written report of the assessment to the tribunal. (4) The report may be used in evidence at the hearing of the disciplinary matter by the tribunal. (5) The tribunal may require a member of the Health Assessment Advisory Panel to appear before it and answer questions about the report. 116 Action by tribunal (1) If, on the hearing of a disciplinary matter against a person, the tribunal decides a ground for disciplinary action against the person is established, it may do any 1 or more of the following— (a) take no action; (b) caution the person; (c) reprimand the person; (d) order the imposition of conditions (including limited registration or enrolment) under which the person may continue to practise as a registered nurse, enrolled nurse, midwife or another person authorised to practise nursing

s 116 94 Nursing Act 1992 s 116 for a period (not longer than 2 years) determined by the tribunal; (e) order that the person’s registration or enrolment, or the person’s authorisation to practise midwifery or nursing, be suspended for such period (not longer than 2 years) as the tribunal considers appropriate; (f) order the cancellation of the person’s registration or enrolment, or the revocation of the person’s authority to practise midwifery or nursing, and set conditions under which the person may re-apply for registration or enrolment or to be authorised; (g) order that the person pay to the council, by way of penalty, an amount (not more than 20 penalty units) fixed by the tribunal; (h) order the imposition of such other conditions as the tribunal considers appropriate, including, for example, conditions under which a person may reapply for registration or enrolment as a nurse or authorisation to practise midwifery or nursing. (2) If conditions are imposed for a period, or a suspension is ordered for a period— (a) the matter must be again reviewed by the tribunal at the end of the period to determine whether further action should be taken; and (b) the tribunal is taken to have entered all necessary adjournments for the purpose of any further hearing in relation to the review; and (c) the review may be undertaken by the tribunal constituted by the same or different members; and (d) the tribunal may, on reviewing the order made under subsection (1)(d) or (e), continue the order for a period (not longer than 2 years) on each review or do any 1 or more of the things mentioned in subsection (1). (3) If, on the hearing of a disciplinary matter against a person, the tribunal decides a ground for disciplinary action against the person is not established, it must dismiss the charge.

s 117 95 Nursing Act 1992 s 118A (4) The tribunal may make any order about costs it considers appropriate to a maximum amount equivalent to 135 penalty units. 117 Effect of tribunal’s orders The council must take any action necessary to give effect to an order of the tribunal under section 116. 118 Notification of tribunal’s decision (1) The tribunal must give a copy of its final decision in the hearing in writing to— (a) the commission; and (b) any person who made a complaint to which the decision relates. Note — Under the QCAT Act, section 121 the tribunal must give a copy of its final decision to particular persons, including each party to the hearing. (2) The council may publish the decision of the tribunal in the way the council considers appropriate, subject to an order of the tribunal. Division 4A Council to give notice to commission 118A Council to give notice to commission at end of dealing with matter (1) This section applies if— (a) a complaint about a nurse, a midwife or another person authorised to practise nursing is being dealt with by the council or tribunal under this part; and (b) the commission has, under the Health Quality and Complaints Commission Act 2006 , section 62(3), 66(3) or 76(3), advised the council that the commission intends to conciliate, or continue to conciliate, the complaint.

s 119 96 Nursing Act 1992 s 121 (2) The council must, as soon as practicable after the council or tribunal has finished dealing with the matter, give the commission written notice that no further action is to be taken about the complaint under this Act. Division 5 Health assessments 119 Health Assessment Advisory Panel (1) A panel called the Health Assessment Advisory Panel is established. (2) The panel has such functions and powers as are prescribed by this Act. 120 Members of Health Assessment Advisory Panel (1) The panel is to consist of such number of persons as are appointed from time to time by the council. (2) The members of the panel must be persons who, in the council’s opinion, are appropriately qualified to assess the condition of persons. (3) A member of the council is not eligible for appointment to the panel. 121 Operation of Health Assessment Advisory Panel (1) In a matter, the panel is constituted by 1 or more members of the panel selected by the executive officer. (2) The panel may require the person being assessed to submit to such tests and examinations as are, in the panel’s opinion, necessary to determine the person’s condition. (3) Nothing in this section prevents the panel from considering reports and opinions submitted to the panel by or on behalf of the person being assessed. (4) The panel must report to the person or body that referred a person to the panel for assessment— (a) on the condition of the person examined; or

s 121A 97 Nursing Act 1992 s 122 (b) if the person refuses to undergo the examination or obstructs the examination—of that fact; within 7 days after the examination, refusal or obstruction. Division 6 Other matters 121A Aiding, abetting etc. conduct that is a ground for disciplinary action (1) A person (the first person ) must not aid, abet, counsel, procure or induce a nurse, midwife or other person authorised to practise nursing to engage in conduct the first person is aware, or ought reasonably be aware, is conduct forming the basis for a ground for disciplinary action. Maximum penalty—1000 penalty units. (2) To remove doubt, it is declared that a nurse, midwife or other person authorised to practise nursing may be induced by threats or promises. Part 6 Provisions concerning certain nursing matters 122 Application of Act in certain cases If a person, who is registered as a nurse outside Queensland, is in Queensland for the purpose of— (a) assisting in the process of retrieval or escort of a patient; or (b) the transplantation of human organs or tissues; or (c) another similar emergency purpose; the person is taken to be a registered nurse while so practising.

s 123 98 Nursing Act 1992 s 124 123 Employment as a nurse (1) Despite any industrial award or agreement or any other agreement, a registered nurse must not be employed, or continue in employment, as a registered nurse unless the person has a current annual licence certificate. (2) Despite any industrial award or agreement or any other agreement, an enrolled nurse must not be employed, or continue in employment, as an enrolled nurse unless the person has a current annual licence certificate. (3) Despite any industrial award or agreement or any other agreement, a midwife must not be employed, or continue in employment, as a midwife unless the person has a current annual licence certificate. (4) A person (the employer ) who employs a person (the employee ) as a nurse or midwife must ensure— (a) that the employee holds a current annual licence certificate at the time the employee is employed; and (b) that the employee continues to hold a current annual licence certificate for so long as the employee is employed by the employer. (5) If the employer is not, at any time, satisfied that the employee holds a current annual licence certificate, the employer must immediately notify the executive officer. Maximum penalty—20 penalty units. 124 Badges (1) A nurse is entitled to wear a badge of the appropriate prescribed design issued to the nurse by the council. (2) A person who is not currently registered, enrolled or authorised under this Act to practise nursing must not wear a badge issued by the council. (3) A person must not wear a badge issued by the council that is not issued to the person.

s 125 99 Nursing Act 1992 s 126 (4) A person must not use or wear an imitation of a badge issued by the council. Maximum penalty—20 penalty units. Part 7 Investigation and enforcement Division 1 Inspectors 125 Appointment of inspectors (1) The council may appoint an employee of the council or another person to be an inspector. (2) The council must not appoint a person to be an inspector unless the council is satisfied that the person has the necessary training or experience to be an inspector. 126 Identity card for inspectors (1) The executive officer must issue an identity card to each inspector. (2) The identity card must— (a) contain a recent photograph of the inspector; and (b) be in a form approved by the executive officer; and (c) be signed by the inspector. (3) A person who ceases to be an inspector must not, without reasonable excuse, fail to return the person’s identity card to the executive officer as soon as practicable after ceasing to be an inspector. Maximum penalty for subsection (3)—2 penalty units.

s 127 100 Nursing Act 1992 s 127B 127 Inspector to produce identity card An inspector may exercise a power under this part in relation to a person only if the inspector first produces his or her identity card for inspection by the person. Division 2 Investigation of offences Subdivision 1 Power to obtain information 127A Power to require information or attendance For conducting an investigation, an inspector may, by written notice given to a person, require the person— (a) to give stated information to the inspector within a stated reasonable time and in a stated reasonable way; or (b) to attend before the inspector at a stated reasonable time and place— (i) to answer questions; or (ii) to produce a stated thing. 127B Offences (1) A person required to give stated information to an inspector under section 127A must not fail, without reasonable excuse, to give the information as required by the notice. Maximum penalty—50 penalty units. (2) A person given a notice to attend before an inspector must not fail, without reasonable excuse, to— (a) attend as required by the notice; or (b) continue to attend as required by the inspector until excused from further attendance; or (c) answer a question the person is required to answer by the inspector; or

s 127C 101 Nursing Act 1992 s 128 (d) produce a thing the person is required to produce by the notice. Maximum penalty—50 penalty units. 127C Self-incrimination For section 127B, it is a reasonable excuse for an individual to fail to give stated information, answer a question or to produce a stated thing, if giving the information, answering the question or producing the thing might tend to incriminate the individual. 127D Inspection of produced things (1) If a thing is produced to an inspector, whether under a notice under section 127A or otherwise, the inspector may inspect it. (2) The inspector may do all or any of the following if the inspector reasonably considers the thing may be relevant to the investigation being conducted by the inspector— (a) photograph the thing; (b) for a document—make a copy of, or take an extract from, it; (c) keep the thing while it is necessary for the investigation. (3) If the inspector keeps the thing, the inspector must permit a person otherwise entitled to possession of the thing to— (a) for a document—inspect, make a copy of, or take an extract from, the document, at the reasonable time and place the inspector decides; and (b) for another thing—inspect or photograph the thing, at the reasonable time and place the inspector decides. Subdivision 2 Entry of places by inspector 128 Entry and search—monitoring compliance (1) For the purpose of finding out whether this Act is being complied with, an inspector may—

s 129 102 Nursing Act 1992 s 129 (a) enter any place at any reasonable hour of the day or night; and (b) exercise the powers mentioned in section 130. (2) An inspector may enter a place or exercise a power under subsection (1) only if— (a) the occupier of the place consents to the entry or exercise of the power; or (b) a health service is conducted at the place and the place is open for entry. 129 Entry and search—evidence of offences (1) If an inspector has reasonable grounds for suspecting that there is in a place a particular thing (the evidence ) that may afford evidence of the commission of an offence against this Act, the inspector may— (a) enter the place; and (b) exercise the powers mentioned in section 130. (2) If the inspector enters the place and finds the evidence— (a) the inspector may seize the evidence; and (b) the inspector may keep the evidence— (i) for 6 months; or (ii) if a proceeding for an offence against this Act involving the evidence is started within 6 months after its seizure—until the end of the proceeding and any appeal from the proceeding; or (iii) if disciplinary proceedings involving the evidence are started within 6 months after its seizure—until the end of the proceedings and any appeal from the proceedings; and (c) if the evidence is a document—while the inspector has possession of the document, the inspector— (i) may take extracts from, and make copies of, the document; and

s 130 103 Nursing Act 1992 s 130 (ii) must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the inspector’s possession. (3) The inspector may enter the place or exercise a power under subsection (1) only if— (a) the occupier of the place consents to the entry or exercise of the power; or (b) a warrant under section 131 that was issued in relation to the evidence authorises the entry or exercise of the power. (4) If, while searching the place under subsection (1) under a warrant under section 131, the inspector finds a thing (the secondary evidence ) that is not the evidence, then, subject to subsection (5), subsection (2) applies to the secondary evidence as if it were the evidence. (5) Subsection (4) applies only if the inspector believes, on reasonable grounds, that— (a) the secondary evidence will afford evidence of the commission of— (i) the offence mentioned in subsection (1); or (ii) another offence against this Act; and (b) it is necessary to seize the secondary evidence to prevent— (i) its concealment, loss, death or destruction; or (ii) its use in committing, continuing or repeating either of the offences. 130 General powers of inspector in relation to places (1) An inspector who enters a place under this part may exercise any of the following powers— (a) search any part of the place; (b) inspect, examine, photograph or film anything in the place;

s 131 104 Nursing Act 1992 s 131 (c) take extracts from, and make copies of, any documents in the place; (d) take into the place persons, equipment and materials that the inspector reasonably requires for the purpose of exercising any powers in relation to the place; (e) require— (i) the occupier of the place; or (ii) any person in the place; to give to the inspector reasonable assistance in relation to the exercise of the powers mentioned in paragraphs (a) to (d); (f) the power mentioned in section 133 (Inspector may require name and address). (2) A person must not, without reasonable excuse, fail to comply with a requirement made under subsection (1)(e). Maximum penalty—10 penalty units. (3) It is a reasonable excuse for a person to fail— (a) to answer a question; or (b) to produce a document (other than a document required to be kept by a person under this Act); if answering the question, or producing the document, might tend to incriminate the person. (4) This section does not limit any power that an inspector has apart from this section. 131 Offence related warrants (1) An inspector may apply to a magistrate for a warrant under this section in relation to a particular place. (2) Subject to subsection (3), the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 7 days, in the place a particular thing that may afford evidence of the commission of an offence against this Act.

s 132 105 Nursing Act 1992 s 132 (3) If the magistrate requires further information about the grounds on which the issue of the warrant is being sought, the magistrate may issue the warrant only if the inspector or some other person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires. (4) The warrant must— (a) authorise the inspector, with such assistance and by such force as is necessary and reasonable— (i) to enter the place; and (ii) to exercise the powers set out in section 130; and (iii) to seize the evidence; and (b) state whether the entry is authorised to be made— (i) at any time of the day or night; or (ii) during specified hours of the day or night; and (c) specify the day (not more than 14 days after the issue of the warrant) on which the warrant ceases to have effect; and (d) state the purpose for which the warrant is issued. 132 Warrants may be issued by various forms of communication (1) If an inspector considers it necessary to do so because of— (a) urgent circumstances; or (b) other special circumstances, including, for example, the inspector’s remote location; the inspector may, under this section, apply by telephone, facsimile, radio or another form of communication for a warrant under section 131. (2) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in section 131(2) that sets out the grounds on which the issue of the warrant is sought. (3) If it is necessary to do so, an inspector may apply for the warrant before the information has been sworn.

s 132 106 Nursing Act 1992 s 132 (4) If the magistrate— (a) after having considered the terms of the information; and (b) after having received any further information that the magistrate requires about the grounds on which the issue of the warrant is being sought; is satisfied that there are reasonable grounds for issuing the warrant, the magistrate may, under section 131, complete and sign the warrant that the magistrate would issue under the section if the application had been made under the section. (5) If the magistrate completes and signs the warrant, the magistrate must— (a) immediately send a copy of the warrant to the inspector by facsimile; or (b) if it is not reasonably practicable to do so— (i) tell the inspector what the terms of the warrant are; and (ii) tell the inspector the day and time when the warrant was signed; and (iii) record on the warrant the reasons for granting the warrant. (6) If the magistrate takes the action mentioned in subsection (5)(b), the inspector must— (a) complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and (b) write on the form of warrant— (i) the name of the magistrate; and (ii) the day and time when the magistrate signed the warrant. (7) The inspector must also send to the magistrate— (a) the information mentioned in subsection (2), which must have been properly sworn; and (b) if a form of warrant was completed by the inspector under subsection (6)—the completed form of warrant.

s 133 107 Nursing Act 1992 s 133 (8) A document mentioned in subsection (7) must be sent— (a) not later than the day after the day of expiry or execution of the warrant (whichever is the earlier); or (b) if it is not practicable to comply with paragraph (a)—as soon as practicable after the day mentioned in the paragraph. (9) When the magistrate receives the documents mentioned in subsection (7), the magistrate must— (a) attach them to the warrant that the magistrate completed and signed; and (b) deal with them in the way in which the magistrate would have dealt with the information if the application for the warrant had been made under section 131. (10) A facsimile copy of a warrant, or a form of warrant properly completed by the inspector under subsection (6), is authority for any entry, search, seizure or other exercise of a power that the warrant signed by the magistrate authorises. (11) If— (a) it is material for a court to be satisfied that an entry, search, seizure or other exercise of power was authorised by this section; and (b) the warrant completed and signed by the magistrate authorising the exercise of power is not produced in evidence; the court must assume, unless the contrary is proved, that the exercise of power was not authorised by such a warrant. 133 Inspector may require name and address (1) This section applies if an inspector— (a) finds a person committing an offence against this Act; or (b) finds a person who the inspector has reasonable grounds for suspecting has committed an offence against this Act or a disciplinary matter exists in relation to the person; or

s 133 108 Nursing Act 1992 s 133 (c) believes on reasonable grounds that the name and address of a person is required for the purpose of the enforcement of this Act. (2) The inspector may— (a) require the person to state the person’s name and address; and (b) if the inspector believes on reasonable grounds that the name or address given by the person is false—require evidence of its correctness. (3) If the inspector makes a requirement under subsection (2), the inspector must warn the person that it is an offence against this Act to fail, without reasonable excuse, to comply with the requirement. (4) A person who is required under subsection (2) to state the person’s name or address must not— (a) without reasonable excuse, fail to comply with the requirement; or (b) state a false name or address. Maximum penalty—20 penalty units. (5) A person who is required under subsection (2) to give evidence of the correctness of a name or address must not— (a) without reasonable excuse, fail to give the evidence; or (b) give false evidence. Maximum penalty—20 penalty units. (6) If— (a) an inspector makes a requirement under subsection (2) on suspicion of a person having committed an offence or a disciplinary matter existing in relation to a person; and (b) the person is not proved to have committed the offence or a ground for disciplinary action against the person is not established; the person is not guilty of an offence against this section.

s 134 109 Nursing Act 1992 s 135 134 Notice of seizure and compensation (1) An inspector who, in the exercise of a power under this part, seizes or damages a thing must, as soon as practicable, give written notice of the particulars of the seizure or damage. (2) The notice must be given to— (a) for a seizure—the person from whom the thing was seized; or (b) for damage—the person who appears to the inspector to be the owner of the thing. (3) A person who incurs any loss or expense— (a) because of the exercise or purported exercise of a power under this part; or (b) in complying with a requirement made of the person under this part; may claim compensation from the council. (4) A payment of compensation may be claimed and ordered— (a) in a proceeding for compensation brought in a court of competent jurisdiction for the recovery of compensation; or (b) during a proceeding for an offence against this Act brought against the person by whom the claim is made. (5) A court may order the payment of compensation for the loss or expense only if it is satisfied that it is just to do so in the circumstances of the particular case. 135 Other offences in relation to inspectors (1) A person must not, without reasonable excuse— (a) obstruct, hinder or resist; or (b) attempt to obstruct, hinder or resist; an inspector in the exercise of a power under this Act. Maximum penalty—20 penalty units. (2) A person must not pretend to be an inspector. Maximum penalty—20 penalty units.

s 136 110 Nursing Act 1992 s 136 (3) A person must not— (a) make a statement to an inspector that the person knows is false or misleading in a material particular; or (b) omit from a statement made to an inspector anything without which the statement is, to the person’s knowledge, misleading in a material particular. Maximum penalty—20 penalty units. (4) A complaint against a person for an offence against subsection (3)(a) or (b) is sufficient if it states that the statement made was false or misleading to the person’s knowledge. (5) A person must not give an inspector a document containing information that the person knows is false, misleading or incomplete in a material particular. Maximum penalty—20 penalty units. (6) Subsection (5) does not apply to a person if, when the person gives the document to the inspector, the person— (a) indicates to the inspector that the document is false, misleading or incomplete; and (b) indicates the respect in which the document is false, misleading or incomplete; and (c) gives the correct information to the inspector if the person has, or can reasonably obtain, the correct information. Division 3 Investigation under section 103 136 Powers of inspectors (1) An inspector conducting an investigation under section 103 has, for the purposes of the investigation, all the powers that an inspector has under this part in relation to an offence against this Act. (2) This part applies to the inspector as if—

s 137 111 Nursing Act 1992 s 137 (a) a reference to evidence of an offence against this Act were a reference to evidence about a disciplinary matter; and (b) a reference to a proceeding for an offence against this Act were a reference to disciplinary proceedings. Part 8 General Division 1 Reviews 137 Review of decisions and orders (1) This section applies to the following decisions and orders— (a) a decision of the council— (i) to refuse a person’s application— (A) to be registered as a registered nurse; or (B) to be enrolled as an enrolled nurse; or (C) to be authorised as a midwife; or (D) to be otherwise authorised to practise nursing; or (ii) to grant to a person limited registration or enrolment; or (iii) on a review by the council of limited registration or enrolment; or (iv) to refuse to renew a person’s annual licence certificate; or (v) to refuse to accredit a nursing course under this Act; or (vi) to impose conditions on accreditation by the council of a nursing course under this Act; or (vii) to cancel or suspend a person’s registration or enrolment; or

s 138 112 Nursing Act 1992 s 138 (viii) determining the payment of costs under section 66(3); or (ix) to refuse to vary an accredited nursing course; or (x) to refuse to renew the accreditation of an accredited nursing course; or (xi) to cancel the accreditation of an accredited nursing course; (b) any other decision of the council or the executive officer (other than a decision prescribed for the purposes of this paragraph). (2) A person who is aggrieved by a decision or order to which this section applies may apply, as provided under the QCAT Act, to QCAT for a review of the decision or order. (3) In this section— decision includes a failure to make a decision. Division 2 Administration 138 Holders of office to act honestly and with propriety (1) In this section— person to whom this section applies means a person who is, or has been— (a) a member of the council or a committee of the council; or (b) an employee of the council; or (c) a person performing functions or exercising powers under, or for the purposes of, this Act. (2) A person to whom this section applies must at all times act honestly in the exercise of powers and performance of functions under, or for the purposes of, this Act. (3) A person to whom this section applies must not make improper use of an office or position held under this Act—

s 139 113 Nursing Act 1992 s 139 (a) to gain, directly or indirectly, an advantage for any person; or (b) to cause detriment to the council or a committee of the council. (4) A person to whom this section applies must not make improper use of information acquired under, or for the purposes of, this Act— (a) to gain, directly or indirectly, an advantage for any person; or (b) to cause detriment to the council or a committee of the council. Maximum penalty—100 penalty units or imprisonment for 6 months. 139 Confidentiality of documents and information (1) In this section— court includes any tribunal, authority or person having power to require the production of documents or the answering of questions. health professional’s board means the board responsible for administering the health practitioner registration Act under which the health practitioner is registered. person to whom this section applies means a person who is, or has been— (a) a member of the council or a committee of the council; or (b) an employee of the council; or (c) a person performing functions or exercising powers under, or for the purposes of, this Act. produce includes permit access to. protected document means a document that was made or obtained by a person as a person to whom this section applies, and includes a document seized, a copy of a document made, or an extract of a document taken, under this Act.

s 139 114 Nursing Act 1992 s 139 protected information means information that was disclosed to, or obtained by, a person as a person to whom this section applies. (2) A person to whom this section applies must not— (a) make a copy of, or take an extract from, a protected document; or (b) make a copy of protected information; or (c) whether directly or indirectly, disclose or make use of a protected document or protected information; unless the person does so— (d) in the performance of the person’s functions or the exercise of the person’s powers under, or in relation to, this Act; or (e) otherwise under or for the purposes of this Act. Maximum penalty—100 penalty units or imprisonment for 6 months. (2A) A person to whom this section applies may disclose a protected document or protected information to a foreign regulatory authority if the disclosure is necessary for the authority to perform its functions. (2B) Also, if the protected document or protected information relates to a health professional, a person to whom this section applies may disclose the protected document or protected information to the health professional’s board if it is necessary for the board to perform its functions. (3) A person to whom this section applies is not required— (a) to disclose protected information to a court; or (b) to produce a protected document in court; unless it is necessary to do so for the purpose of carrying this Act into effect.

s 139A 115 Nursing Act 1992 s 139A 139A Executive officer or council must notify Commissioner for Children and Young People and Child Guardian about particular information (1) Subsection (2) applies if— (a) the council, under section 65, grants limited registration or enrolment in relation to a relevant person, including after cancelling the person’s current registration; or (b) the council decides, under section 67, to suspend a relevant person’s registration or enrolment; or (c) the executive officer decides, under section 68, to suspend a relevant person’s registration or enrolment; or (d) the council, under section 70(1)(c) or (2), cancels or suspends a relevant person’s registration or enrolment; or (e) the council takes action under section 117 to give effect to an order of the tribunal under section 116 about a relevant person’s registration or enrolment. (2) If the council or executive officer reasonably believes the action mentioned in subsection (1) (the action ) may be relevant to the children’s commissioner’s functions or powers under chapter 8 of the commissioner’s Act, the council or executive officer must give written notice about the action to the children’s commissioner. (3) A notice under subsection (2) must state the following— (a) the relevant person’s name and address; (b) the relevant person’s date and place of birth; (c) that the action has been taken against the person, without stating anything further about the action. (4) Subsection (5) applies if the children’s commissioner— (a) requests further information about the action; and (b) notifies the council or executive officer that the person is an applicant for, or holder of, a prescribed notice or exemption notice under the commissioner’s Act. (5) The council or executive officer must give the children’s commissioner a written notice stating the following—

s 139A 116 Nursing Act 1992 s 139A (a) for a notice about action taken under section 117—the form of action taken; (b) when the matter that was the reason for the action happened; (c) the nature of the matter mentioned in paragraph (b); (d) any other information about the action the council or executive officer considers may be relevant to employment screening under the commissioner’s Act, chapter 8, including, for example, details about the nature of the action. (6) If a notice is given under subsection (2) or (5) about action and the matter that was the reason for taking the action relates to a particular child, the notice must not contain information that identifies, or is likely to identify, the child. (7) If the council or executive officer gives the children’s commissioner information under subsection (5) about action, and the action is set aside on review or appeal, the council or executive officer must notify the commissioner of the following— (a) that the action has been set aside; (b) the reasons given by the entity that set the action aside for setting it aside. (8) In this section— children’s commissioner means the Commissioner for Children and Young People and Child Guardian under the commissioner’s Act. commissioner’s Act means the Commission for Children and Young People and Child Guardian Act 2000 . relevant person means— (a) a nurse; or (b) a person authorised to practise nursing or midwifery under section 77(1), (2), (3) or (4). 6 6 Under section 77 (Authorisation to practise), a person may be authorised to practise midwifery, mental health nursing or nursing. Also see section 77(6) for the application of sections 65 to 73.

s 140 117 Nursing Act 1992 s 140A 140 Supply of information to council (1) The council may, by written notice, request a nurse, midwife or another person authorised to practise nursing to supply to the council information relating to the person’s biography, educational qualifications or employment in nursing or midwifery. (2) The council may, by written notice, request— (a) a nursing student to supply to the council, within a time specified by the council, relevant information relating to the student’s biography; or (b) the person in charge of, or a person connected with the management of, a school of nursing involved with nursing courses to supply to the council, within a time specified by the council, relevant information relating to the education of nurses. (3) The council may, by written notice, request the person in charge of, or a person connected with the management of, a health service to supply to the council, within a time specified by the council, relevant information relating to nursing practice. (4) A person who receives a request under subsection (1), (2) or (3) must not, without reasonable excuse, fail to comply with the request. Maximum penalty—5 penalty units. (5) A person is not required to supply information under this section if supplying the information might tend to incriminate the person. 140A Notice of certain convictions to be given to council (1) This section applies if a relevant person— (a) is convicted of an indictable offence; or (b) is convicted of an offence against a corresponding law. (2) The relevant person must, within 30 days after the conviction, give the council notice of the conviction. Maximum penalty—50 penalty units.

s 140B 118 Nursing Act 1992 s 140B (3) The notice must be in the approved form. (4) Information in the notice must, if the approved form requires, be verified by a statutory declaration. (5) In this section— relevant person means a nurse, midwife or other person authorised to practise nursing. 140B Notice of certain judgments and settlements to be given to council (1) This section applies if— (a) a relevant person is a party to proceedings in a court, brought by another party against the relevant person, claiming damages or other compensation for alleged negligence by the relevant person in the practice of nursing; and (b) there is— (i) a judgment in relation to the proceedings; or (ii) a settlement of the proceedings, or part of the proceedings. (2) The relevant person must give the council notice of the judgment or settlement within 30 days after the date of the judgment or settlement. Maximum penalty—50 penalty units. (3) The notice must be in the approved form. (4) Information in the notice must, if the approved form requires, be verified by a statutory declaration. (5) To remove doubt, it is declared that subsections (2) and (3) apply despite any agreement entered into by the parties to the settlement. (6) Subsection (2) does not apply to a settlement of proceedings under an agreement reached in conciliation under the Health Rights Commission Act 1991 , part 6, Health Quality and Complaints Commission Act 2006 , chapter 6 or a relevant interstate law.

s 140C 119 Nursing Act 1992 s 141 (7) In this section— relevant interstate law means a law of another State that provides for the same matter as the Health Quality and Complaints Commission Act 2006 , chapter 6. relevant person means a nurse, midwife or other person authorised to practise nursing. 140C Notice about certain events to be given to council (1) This section applies if— (a) a relevant person is also registered, enrolled or authorised to practise under a corresponding law; and (b) after the relevant person becomes a nurse, midwife or other person authorised to practise nursing, the relevant person’s registration, enrolment or authorisation under the corresponding law is affected by disciplinary action or is otherwise cancelled, suspended or made subject to a condition or undertaking (the relevant action ). (2) The relevant person must, within 30 days after the registration, enrolment or authorisation is affected by the relevant action, give the council notice about the relevant action. Maximum penalty—50 penalty units. (3) The notice must be in the approved form. (4) Information in the notice must, if the approved form requires, be verified by a statutory declaration. (5) In this section— relevant person means a nurse, midwife or other person authorised to practise nursing. 141 Approval of forms The council may approve forms for use under this Act.

s 142A 120 Nursing Act 1992 s 143 142A Council may give combined notice (1) This section applies if the council is required under this Act to give a person notices under more than 1 provision. (2) The council may give the person a combined notice for the provisions. 143 Penalty for falsifying register or roll etc. (1) A person must not— (a) make an entry in the register or the roll, or in any document relating to the register or the roll, that the person knows is false; or (b) procure, or attempt to procure, the person or another person to be registered, enrolled or authorised to practise nursing or midwifery by making or producing a statement, declaration or representation (whether orally or in writing) that the first person knows is false; or (c) represent that the person or another person is the person mentioned in— (i) a certificate, document or writing presented to the council; or (ii) a certificate or authorisation granted under this Act; knowing that the representation is false; or (d) advertise that the person or another person has obtained a certificate under this Act, or is registered, enrolled or authorised to practise midwifery or nursing under this Act, knowing that the advertisement is false. Maximum penalty—100 penalty units or imprisonment for 6 months. (2) On the conviction of a person under subsection (1) of having procured the person to be registered or enrolled or authorised to practise nursing or midwifery in a way that contravenes this section, the council may— (a) cancel the person’s registration or enrolment; or

s 144 121 Nursing Act 1992 s 146 (b) revoke the person’s authorisation to practise nursing or midwifery. 144 Penalties and costs to council All penalties and costs recovered in relation to offences against this Act are to be paid to the council. 145 Proceedings generally (1) An offence against this Act may be prosecuted in a summary way under the Justices Act 1886 . (1A) A proceeding for an offence against this Act must start— (a) within 1 year after the commission of the offence; or (b) within 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence. (2) All fees and costs payable to the council under this Act, and all penalties ordered by the council or the tribunal to be paid to the council under this Act, are debts due to the council. 146 Evidence (1) In a proceeding by or on behalf of the council, it is not necessary to prove the appointment of the members or the executive officer. (2) A document purporting to be certified by the executive officer to be a true copy of, or a true extract from, a register, roll or document in the council’s custody is, for all purposes, evidence of the original of which it purports to be a copy of, or extract from, and is admissible in evidence to the same extent as the original. (3) A certificate purporting to be signed by the executive officer stating that a person was or was not on a specified day, or during a specified period, registered or enrolled, or authorised to practise nursing or midwifery, is evidence in all proceedings of the matters stated in the certificate.

s 147 122 Nursing Act 1992 s 148 147 Indemnity (1) A person does not incur civil liability for an act or omission done or omitted to be done honestly and without negligence under, or for the purposes of, this Act. (2) A liability that would, but for subsection (1), attach to the person attaches instead to the council. 148 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) A regulation may be made with respect to any of the following matters— (a) the council’s common seal, the authentication of the council’s documents and the attesting of documents by or on behalf of the council; (b) the conduct of the council’s affairs; (c) the conduct of meetings of, and of any proceedings before, the council and any committee of the council; (d) duties of the executive officer or the council’s employees; (e) the register, the roll and other records, and the way in which they are to be kept; (f) the issue, suspension and cancellation of registration or enrolment and annual licence certificates; (g) the making of applications to the council; (h) the accreditation of nursing courses; (i) the nature of accredited nursing courses and the conditions under which, the name in which, and the periods for which accredited nursing courses, may be conducted; (j) standards for nurse education; (k) examinations, qualifications, experience and other requirements for registration, enrolment or endorsement of certificates;

s 148 123 Nursing Act 1992 s 148 (l) regulating advertising by nurses and midwives, including the ways in which they may advertise or must not advertise; (m) regulating canvassing or soliciting work or business by, for or on behalf of nurses and midwives; (n) the matters in respect of which fees are payable for the purposes of this Act, the amounts of fees, the persons who are liable to pay fees, when fees are payable, the waiver of fees, and the recovery of unpaid amounts of fees; (o) the allowances payable under this Act and the purposes for which they are payable; (p) regulating the use of any titles, letters or words in relation to nursing qualifications or practice; (q) prescribing offences for contravention of a regulation, and fixing a maximum penalty of a fine of not more than 4 penalty units for an offence; (r) penalties and costs that may be imposed by the council; (s) prescribing the badges to be issued to nurses, and regulating the issue and use of badges; (t) regulating nursing practice, and determining the activities that constitute, or are included in, nursing practice; (u) administrative processes associated with investigations conducted under this Act; (v) student records and accredited nursing course records to be maintained by schools of nursing; (w) keeping of practice records; (x) conditions of employment, and management practices, applicable to the council’s employees; (y) publishing reports about disciplinary proceedings.

s 149 124 Nursing Act 1992 s 150 Part 9 Transitional provisions Division 1 Provisions consequential on passing of Nursing Act 1992 149 References to certain boards etc. In an Act or document— (a) a reference to the Nurses Registration Board or the Board of Nursing Studies may, if the context permits, be taken to be a reference to the council; or (b) a reference to a registered nurse under the Nursing Act 1976 (other than a person registered only in the midwifery branch of the register) may, if the context permits, be taken to be a reference to a registered nurse under this Act; or (c) a reference to an enrolled nurse under the Nursing Act 1976 may, if the context permits, be taken to be a reference to an enrolled nurse under this Act; or (d) a reference to a person registered under the Nursing Act 1976 as a registered nurse in the midwifery branch of the register only may, if the context permits, be taken to be a reference to a person authorised under this Act to practise midwifery. 150 Nursing Act 1976 and Nursing Studies Act 1976 references In an Act or document, a reference to the Nursing Act 1976 or the Nursing Studies Act 1976 may, if the context permits, be taken to be a reference to this Act.

s 151 125 Nursing Act 1992 s 153 Division 2 Provisions for the Health and Other Legislation Amendment Act 1998 151 Existing time for notification of change of particulars to continue etc. (1) This section applies to a person who, immediately before the commencement of this section, was required to give notice about the change of either of the following within 2 months of the change— (a) a particular entered in the register or roll; (b) a particular given to the council to gain entry or remain in the register or roll. (2) Despite section 50, the person still has the same time to give notice to the council about the change that the person had before the commencement. (3) However, the person need not give notice of the change in writing. 152 Endorsement to practise as psychiatric nurse (1) This section applies to an annual licence certificate issued before the commencement of this section and endorsed to show an authorisation to practise as a psychiatric nurse. (2) This certificate is taken to be endorsed to show an authorisation to practise as a mental health nurse. Division 3 Provisions for the Health Practitioners (Professional Standards) Act 1999 153 Transitional for Health Practitioners (Professional Standards) Act 1999 (1) A complaint made to the council about a nurse, midwife or another person authorised to practise nursing and not finally dealt with before the commencement day may continue to be dealt with under this Act as if the Health Practitioners

s 154 126 Nursing Act 1992 s 155 (Professional Standards) Act 1999 , part 14 had not commenced. (2) In subsection (1)— commencement day means the day the Health Practitioners (Professional Standards) Act 1999 , part 14, commences. Division 4 Provision for Health Legislation Amendment Act 2003 154 Continuation of Professional Conduct Committee under the name Nursing Tribunal The continuation in existence of the entity named Professional Conduct Committee under the name Nursing Tribunal, under section 84, does not affect anything done by or in relation to the entity before the commencement of this section. Division 5 Provisions for the Health Legislation Amendment Act 2005 155 Transitional for Health Legislation Amendment Act 2005 (1) A nursing course that is an accredited nursing course immediately before the commencement day continues to be an accredited nursing course, for the same period and subject to the same conditions, after the commencement day as if the grant of an application for accreditation of the nursing course had been made under part 4, division 2. (2) An application for accreditation of a nursing course made to the council and not finally dealt with before the commencement day is to be dealt with as if the application had been made, on the commencement day, under section 79. (3) In this section— commencement day means the day this section commences.

s 156 127 Nursing Act 1992 s 158 Division 6 Provisions for the Health Quality and Complaints Commission Act 2006 156 Definitions for div 6 In this division— commencement means the commencement of the provision in which the term is used. Health Rights Commissioner means the Health Rights Commissioner under the repealed Act. repealed Act means the Health Rights Commission Act 1991 . 157 When investigation must be conducted or continued (1) This section applies if— (a) before the commencement— (i) the Minister who was administering the repealed Act decided, under section 74(7)(b) of that Act, that a complaint about a nurse, midwife or person authorised to practise nursing should be referred by the Health Rights Commissioner to the council; or (ii) the council and the Health Rights Commissioner agreed under the repealed Act, section 74(2)(a), or under section 102A(2)(a) of this Act, that a complaint about a nurse, midwife or person authorised to practise nursing was to be investigated by the council; and (b) the council has not started or finished investigating the complaint. (2) The council must investigate, or continue to investigate, the nurse, midwife or person authorised to practise nursing. 158 Reports to commission on investigation by council (1) This section applies if the Health Rights Commissioner was given a report under pre-amended section 103A(1) or (2) and

s 159 128 Nursing Act 1992 s 159 had not, before the commencement, given to the council comments under the pre-amended section 103A(4). (2) For section 103A(4), the report is taken to have been given to the commission and to have been received by it when it was received by the Health Rights Commissioner. (3) Also, if, before the commencement, the Health Rights Commissioner gave comments to the council under the pre-amended section 103A(4), the council must have regard to the comments in making a decision after the commencement about the action it intends to take about the complaint or other matter the subject of the investigation. (4) In this section— comments includes information or recommendations. pre-amended , in relation to a section, means the section as in force immediately before the commencement. 159 Continuing requirement for council to give notice to commission (1) This section applies if— (a) a complaint about a nurse, midwife or person authorised to practise nursing is being dealt with by the council or tribunal under part 5; and (b) before the commencement the Health Rights Commissioner had, under the repealed Act , section 74(6), 77(3) or 85(8), advised the council that the commissioner intended to conciliate, or continue to conciliate, the complaint. (2) The council must, as soon as practicable after the council or tribunal has finished dealing with the complaint under this Act, give the commission notice that no further action is to be taken about the complaint under this Act.

s 160 129 Nursing Act 1992 s 160 Division 7 Transitional provision for Criminal History Screening Legislation Amendment Act 2010 160 Giving particular information to children’s commissioner (1) This section applies if— (a) before the commencement, the council or executive officer took action of a kind mentioned in section 139A(1)(a) to (e) (the disciplinary action ); and (b) at the commencement, the council or executive officer has neither given nor decided not to give the children’s commissioner written notice about the disciplinary action as provided under previous section 139A. (2) Section 139A as in force immediately after the commencement applies in relation to the disciplinary action. (3) In this section— commencement means the commencement of this section. previous section 139A means section 139A as in force from time to time before the commencement. Division 7 Transitional provisions for the Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 160 Definitions for div 7 In this division— protected document means a document that was made or obtained by a person as a relevant person, and includes a document seized, a copy of a document made, or an extract of a document taken, under this Act. protected information means information that was disclosed to, or obtained by, a person as a relevant person. relevant person means a person who is, or has been—

s 161 130 Nursing Act 1992 s 163 (a) a member of the council or a committee of the council; or (b) an employee of the council; or (c) a person performing functions or exercising powers under this Act. 161 Automatic expiry of registration or enrolment instead of cancellation by council (1) This section applies if a nurse, or midwife who is not a nurse, fails to pay the annual licence certificate fee for the payment period ending on 30 June 2010. (2) Despite section 74(3)— (a) the registration or enrolment of the nurse under this Act expires at the end of 1 July 2010; and (b) the authority to practise of the midwife under this Act expires at the end of 1 July 2010. 162 Disclosure of protected documents and protected information to the National Agency (1) A relevant person may disclose a protected document or protected information to the National Agency, its employees or agents if a member of the council is satisfied the disclosure is necessary for the National Agency to perform its functions. (2) In this section— National Agency means the National Agency established under the Health Practitioner Regulation (Administrative Arrangements) National Law. 163 Disclosure of protected documents and protected information to the Nursing and Midwifery Board (1) A relevant person may disclose a protected document or protected information to the Nursing and Midwifery Board if a member of the council is satisfied the disclosure is necessary for the Nursing and Midwifery Board to perform its functions. (2) In this section—

s 164 131 Nursing Act 1992 s 164 Nursing and Midwifery Board means the Nursing and Midwifery Board of Australia established under the Health Practitioner Regulation (Administrative Arrangements) National Law. 164 Disclosure of protected documents and protected information to the department A relevant person may disclose a protected document or protected information to the department if a member of the council is satisfied the disclosure is necessary for the department to prepare a report for the Council as an abolished statutory body under the Financial Accountability Act 2009 .

132 Nursing Act 1992 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .132 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .133 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .133 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .134 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .134 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .137 8 List of forms notified or published in the gazette . . . . . . . . . . . . . . . . . . . . . . . . .149 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 21 April 2010. Future amendments of the Nursing Act 1992 may be made in accordance with this reprint under the Reprints Act 1992, section 49.

133 Nursing Act 1992 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 2 2A 2B 2C 3 3A 3B 3C Amendments to none 1995 Act No. 58 1996 Act No. 60 1996 Act No. 60 1998 Act No. 41 1999 Act No. 58 1999 Act No. 58 2000 Act No. 46 2000 Act No. 52 2001 Act No. 78 Effective 1 November 1993 28 November 1995 20 December 1996 1 June 1997 5 April 1999 7 February 2000 7 February 2000 25 October 2000 17 November 2000 15 November 2001 Reprint date 11 November 1993 2 October 1996 23 January 1997 8 August 1997 5 April 1999 7 February 2000 3 March 2000 3 November 2000 1 December 2000 29 November 2001 Reprint No. 3D 3E 3F Amendments included 2003 Act No. 68 2003 Act No. 68 2004 Act No. 49 Effective 22 October 2003 4 October 2004 17 January 2005 Notes

134 Nursing Act 1992 Reprint No. 3G 4 4A 4B 4C 4D 4E 4F 4G 4H 4I Amendments included 2005 Act No. 10 2005 Act No. 10 2006 Act No. 25 2007 Act No. 54 2008 Act No. 25 2009 Act No. 9 2009 Act No. 25 2009 Act No. 24 2009 Act No. 48 2009 Act No. 44 2010 Act No. 5 2010 Act No. 14 Effective 29 April 2005 30 August 2005 1 July 2006 9 November 2007 1 August 2008 1 July 2009 2 November 2009 1 December 2009 11 December 2009 1 April 2010 21 April 2010 Notes 5 Tables in earlier reprints Name of table Corrected minor errors Reprint No. 1, 3, 4 6 List of legislation Nursing Act 1992 No. 55 date of assent 30 November 1992 ss 1–2, 163 (so far as it relates to amdts of the Acts Interpretation Act 1954) commenced on date of assent (see s 2) pt 2 div 7 commenced 18 December 1992 (1992 SL No. 449) ss 4, 6(1), 7(a), pt 2 divs 2–4, 6 and s 47(2) commenced 19 July 1993 (1993 SL No. 260) s 75(2)(b)(i) commenced 30 June 1996 (1995 SL No. 254) remaining provisions commenced 1 November 1993 (1993 SL No. 393) amending legislation— Statutory Authorities Superannuation Legislation Amendment Act 1995 No. 36 ss 1–2, 9 sch 2 date of assent 16 June 1995 commenced on date of assent Statute Law Revision Act 1995 No. 57 ss 1–2, 4 sch 1 date of assent 28 November 1995 commenced on date of assent Statute Law Revision Act (No. 2) 1995 No. 58 ss 1–2, 4 sch 1 date of assent 28 November 1995 commenced on date of assent

135 Nursing Act 1992 Public Service Act 1996 No. 37 ss 1–2, 147 sch 2 date of assent 22 October 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 1996 (1996 SL No. 361) Statutory Bodies Financial Arrangements Amendment Act 1996 No. 54 ss 1–2, 9 sch date of assent 20 November 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 June 1997 (1997 SL No. 128) Health Legislation Amendment Act 1996 No. 60 ss 1–2, pt 6 date of assent 9 December 1996 ss 35(2), 41–43, 45–47, 54–55 commenced 20 December 1996 (1996 SL No. 401) remaining provisions commenced on date of assent Health and Other Legislation Amendment Act 1998 No. 41 ss 1, 2(2), 14(2) sch 2 date of assent 27 November 1998 ss 1–2 commenced on date of assent remaining provisions commenced 5 April 1999 (1999 SL No. 40) Health Practitioners (Professional Standards) Act 1999 No. 58 ss 1–2, pt 14 div 8 date of assent 18 November 1999 ss 1–2 commenced on date of assent remaining provisions commenced 7 February 2000 (1999 SL No. 327) Statute Law (Miscellaneous Provisions) Act 2000 No. 46 ss 1, 3 sch date of assent 25 October 2000 commenced on date of assent Superannuation and Other Legislation Amendment Act 2000 No. 52 ss 1, 48 sch date of assent 17 November 2000 commenced on date of assent Health Legislation Amendment Act 2001 No. 78 ss 1, 237 sch 4 date of assent 15 November 2001 commenced on date of assent Health Legislation Amendment Act 2003 No. 68 ss 1, 2(1)(a), pt 9, s 114 sch date of assent 22 October 2003 ss 1–2 commenced on date of assent ss 66–69, 71(2), 74–75 commenced 4 October 2004 (2004 SL No. 174) remaining provisions commenced on date of assent Commission for Children and Young People and Child Guardian Amendment Act 2004 No. 49 ss 1–2, 53 sch date of assent 29 November 2004 ss 1–2 commenced on date of assent remaining provisions commenced 17 January 2005 (2004 SL No. 282) Health Legislation Amendment Act 2005 No. 10 pts 1, 4 date of assent 1 April 2005 ss 1–2 commenced on date of assent ss 28(1), 28(2) (to the extent it ins def “accredited nursing course”, “application fee”, “assessment body”, “information notice”, “notice”, “show cause notice”,

136 Nursing Act 1992 “show cause period”), 29–37, 40–42, 44 commenced 30 August 2005 (2005 SL No. 191) remaining provisions commenced 29 April 2005 (2005 SL No. 72) Health Quality and Complaints Commission Act 2006 No. 25 ss 1–2(1), 241 schs 3–4 date of assent 29 May 2006 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2006 (see s 2(1)) Mental Health and Other Legislation Amendment Act 2007 No. 54 s 1, pt 9 date of assent 9 November 2007 commenced on date of assent Higher Education (General Provisions) Act 2008 No. 25 ss 1–2, 164 sch 1 date of assent 9 May 2008 ss 1–2 commenced on date of assent remaining provisions commenced 1 August 2008 (2008 SL No. 242) Financial Accountability Act 2009 No. 9 ss 1, 2(2), 136 sch 1 date of assent 28 May 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2009 (2009 SL No. 80) Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 No. 24 ss 1–2, ch 7 pt 11 date of assent 26 June 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2009 (2009 SL No. 252) Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector Ethics) Amendment Act 2009 No. 25 pt 1, s 83 sch date of assent 11 August 2009 ss 1–2 commenced on date of assent remaining provisions commenced 2 November 2009 (2009 SL No. 241) Health and Other Legislation Amendment Act 2009 No. 44 ss 1, 2(3), pt 10 date of assent 3 November 2009 ss 1–2 commenced on date of assent s 81 commenced 11 December 2009 (amdt could not be given effect) remaining provisions commenced 11 December 2009 (2009 SL No. 290) State Penalties Enforcement and Other Legislation Amendment Act 2009 No. 48 ss 1, 2(5), ch 4 pt 12 date of assent 19 November 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2009 (see s 2(5) and 2009 SL No. 251) Criminal History Screening Legislation Amendment Act 2010 No. 5 pts 1, 14 date of assent 4 March 2010 ss 1–2 commenced on date of assent remaining provisions commenced 1 April 2010 (2010 SL No. 53)

137 Nursing Act 1992 Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 No. 14 ss 1, 2(b), pt 8 date of assent 21 April 2010 commenced on date of assent (see s 2(b)) 7 List of annotations Commencement s 2 om 2001 No. 78 s 237 sch 4 Definitions s 4 def “accredited nursing course” sub 2005 No. 10 s 28(1)–(2) def “annual licence certificate fee” ins 1996 No. 60 s 35(2) def “application fee” ins 2005 No. 10 s 28(2) def “approved code of practice” ins 2003 No. 68 s 61(2) def “approved form” ins 2005 No. 10 s 28(2) def “assessment body” ins 2005 No. 10 s 28(2) def “business name” ins 2005 No. 10 s 28(2) def “chairperson” amd 2003 No. 68 s 114 sch om 2009 No. 24 s 1120(1) def “childbirth” ins 2005 No. 10 s 28(2) def “code of conduct” om 2003 No. 68 s 61(1) def “commencement” ins 2006 No. 25 s 241(1) sch 3 def “commission” ins 2006 No. 25 s 241(1) sch 3 def “commissioner” ins 1999 No. 58 s 495 om 2006 No. 25 s 241(1) sch 3 def “committee” om 2003 No. 68 s 61(1) def “convicted” ins 2003 No. 68 s 61(2) def “corresponding law” ins 2003 No. 68 s 61(2) def “criminal history” ins 2003 No. 68 s 61(2) def “disciplinary action” ins 2003 No. 68 s 61(2) def “disciplinary matter” ins 2003 No. 68 s 61(2) amd 2009 No. 24 s 1120(3) def “disciplinary proceedings” ins 2003 No. 68 s 61(2) def “entity acting on behalf of a user” ins 2003 No. 68 s 61(2) def “foreign regulatory authority” ins 2003 No. 68 s 61(2) def “ground for disciplinary action” ins 2003 No. 68 s 61(2) def “health practitioner registration Act” prev def ins 2005 No. 10 s 28(2) om 2009 No. 44 s 79 pres def reloc from s 77B 2009 No. 44 s 80 def “health professional” prev def ins 2005 No. 10 s 28(2) om 2009 No. 44 s 79 pres def reloc from s 77B 2009 No. 44 s 80 def “Health Rights Commissioner” ins 2006 No. 25 s 241(1) sch 3 def “information notice” ins 2005 No. 10 s 28(2) def “interstate regulatory authority” ins 2003 No. 68 s 61(2) def “legal practitioner” om 1996 No. 60 s 35(1) def “notice” ins 2005 No. 10 s 28(2)

138 Nursing Act 1992 def “nurse education” amd 1998 No. 41 s 14(2) sch 2 def “nursing practice” amd 1998 No. 41 s 14(2) sch 2 def “nursing qualifications” amd 1998 No. 41 s 14(2) sch 2 def “Nursing Tribunal” ins 2003 No. 68 s 61(2) om 2009 No. 24 s 1120(1) def “payment period” ins 1996 No. 60 s 35(2) def “president” ins 2009 No. 24 s 1120(2) def “principal registrar” ins 2009 No. 24 s 1120(2) def “profession” ins 2005 No. 10 s 28(2) def “professional service” ins 2005 No. 10 s 28(2) def “protected document” ins 2010 No. 14 s 78 def “protected information” ins 2010 No. 14 s 78 def “recognised person” ins 2005 No. 10 s 28(2) def “relevant person” ins 2010 No. 14 s 78 def “repealed Act” ins 2006 No. 25 s 241(1) sch 3 def “show cause notice” ins 2005 No. 10 s 28(2) def “show cause period” ins 2005 No. 10 s 28(2) def “tribunal” ins 2003 No. 68 s 61(2) sub 2009 No. 24 s 1120(1)–(2) Council’s functions s 7 amd 2003 No. 68 s 62 By-laws s 10 amd 1995 No. 58 s 4 sch 1; 2003 No. 68 s 63 om 2005 No. 10 s 29(1) Council’s constitution s 11 amd 1996 No. 60 s 36 Conduct of meetings s 16 amd 1996 No. 60 s 37; 2005 No. 10 s 30 Resolutions without meetings s 16A ins 1996 No. 60 s 38 Minutes s 16B ins 2005 No. 10 s 31 Council is statutory body s 18A ins 1996 No. 54 s 9 sch Terms of appointment s 23 amd 1996 No. 60 s 39 Preservation of rights s 30 amd 1996 No. 37 s 147 sch 2 Superannuation for executive officer who was previously an officer of the public service s 31 amd 2000 No. 52 s 48 sch Terms of employment s 39 amd 1996 No. 37 s 147 sch 2; 2009 No. 25 s 83 sch

139 Nursing Act 1992 Superannuation schemes s 41 sub 1995 No. 36 s 9 sch 2 Superannuation for officers and employees who were previously officers of the public service s 42 amd 1995 No. 36 s 9 sch 2; 2000 No. 52 s 48 sch Minister’s power to give directions s 42A ins 2007 No. 54 s 54 amd 2009 No. 9 s 136 sch 1; 2009 No. 24 s 1121 Delegation by council s 43 amd 2003 No. 68 s 64; 2006 No. 25 s 241(2) sch 4 Committees of council s 47 amd 1996 No. 60 s 40; 2003 No. 68 s 65 PART 3—REGISTRATION AND ENROLMENT The register s 48 amd 2005 No. 10 s 32 The roll s 49 amd 2005 No. 10 s 33 Notification of change of particulars s 50 amd 1998 No. 41 s 14(2) sch 2 Inspection of register or roll etc. s 53 amd 1996 No. 60 s 41; 2005 No. 10 s 34 Qualifications for registration or enrolment s 54 amd 1996 No. 60 s 42; 2003 No. 68 s 66 Application for registration or enrolment s 55 amd 1996 No. 60 s 43; 2003 No. 68 s 67 Registration or enrolment s 58 amd 1996 No. 60 s 44 Refusal of application s 59 amd 1996 No. 60 s 45 Nurse must notify council if certificate of registration or enrolment lost or destroyed prov hdg amd 2005 No. 10 s 35(1) s 62 amd 2005 No. 10 s 35(2)–(3) Provisional registration or enrolment s 63 amd 1996 No. 60 s 46 Temporary registration s 64 amd 1996 No. 60 s 47; 2003 No. 68 s 68 Suitability to be temporarily registered s 64A ins 2003 No. 68 s 69 Limited registration or enrolment s 65 amd 1996 No. 60 s 48; 2003 No. 68 s 70

140 Nursing Act 1992 Concerns about condition of applicants and nurses s 66 amd 1996 No. 60 s 49; 2003 No. 68 s 71; 2006 No. 25 s 241(1) sch 3 Immediate suspension of registration or enrolment by council s 67 amd 1996 No. 60 s 50; 2003 No. 68 s 72; 2006 No. 25 s 241(1) sch 3; 2009 No. 24 s 1122 Immediate suspension of registration or enrolment by executive officer s 68 amd 2003 No. 68 s 73; 2006 No. 25 s 241(1) sch 3 Cancellation or suspension of registration and enrolment in certain cases s 70 amd 1996 No. 60 s 51 Requirements following cancellation or suspension of registration or enrolment s 71 amd 1996 No. 60 s 52 Restoration of registration or enrolment in certain cases s 72 amd 1996 No. 60 s 53; 2005 No. 10 s 36; 2006 No. 25 s 241(2) sch 4 Reissue of certificate of registration or enrolment etc. s 73 amd 2006 No. 25 s 241(2) sch 4 Fees for annual licence certificates s 74 amd 1996 No. 60 s 54; 2005 No. 10 s 37 Renewal of annual licence certificate s 75 amd 1996 No. 60 s 55 Endorsement of annual licence certificates s 76 amd 1996 No. 60 s 56; 1998 No. 41 s 14(2) sch 2 Division 5—Authorisation to practise midwifery or nursing div hdg amd 2005 No. 10 s 38 Authorisation to practise s 77 amd 1998 No. 41 s 14(2) sch 2; 2003 No. 68 s 74 Suitability to practise midwifery or nursing s 77A ins 2003 No. 68 s 75 PART 3A—RESTRICTIONS AND HOLDING OUT pt hdg ins 2005 No. 10 s 39 Definitions for pt 3A s 77B ins 2005 No. 10 s 39 Taking of restricted titles etc. s 77C ins 2005 No. 10 s 39 Claims by persons as to registration etc. s 77D ins 2005 No. 10 s 39 Claims by persons as to other persons’ registration etc. s 77E ins 2005 No. 10 s 39 Restrictions on persons with conditional, provisional or limited registration or enrolment s 77F ins 2005 No. 10 s 39

141 Nursing Act 1992 Restrictions on persons with conditional authorisation s 77G ins 2005 No. 10 s 39 Restrictions on practising nursing s 77H ins 2005 No. 10 s 39 amd 2006 No. 25 s 241(2) sch 4 Restrictions on caring for a woman in childbirth s 77I ins 2005 No. 10 s 39 amd 2006 No. 25 s 241(2) sch 4 PART 4—ACCREDITATION OF NURSING COURSE pt hdg sub 2005 No. 10 s 40 Division 1—Preliminary div hdg ins 2005 No. 10 s 40 Definitions for pt 4 s 78 amd 1998 No. 41 s 14(2) sch 2 sub 2005 No. 10 s 40 def “information notice” sub 2009 No. 24 s 1123 Division 2—Accreditation of nursing course div hdg ins 2005 No. 10 s 40 Application for accreditation s 79 sub 2005 No. 10 s 40 Late applications s 80 sub 2005 No. 10 s 40 Criteria for applications s 81 sub 2005 No. 10 s 40 Protection from liability s 82 sub 2005 No. 10 s 40 Inquiries into applications s 83 sub 2005 No. 10 s 40 Decision s 83A ins 2005 No. 10 s 40 Failure to decide applications s 83B ins 2005 No. 10 s 40 Period of accreditation s 83C ins 2005 No. 10 s 40 Standard condition s 83D ins 2005 No. 10 s 40 Conditions 83E ins 2005 No. 10 s 40 amd 2008 No. 25 s 164 sch 1 Accreditation certificate s 83F ins 2005 No. 10 s 40

142 Nursing Act 1992 Division 3—Variation of accredited nursing course div 3 (ss 83G–83K) ins 2005 No. 10 s 40 Division 4—Renewal of accreditation div 4 (ss 83L–83P) ins 2005 No. 10 s 40 Division 5—Cancellation of accreditation div 5 (ss 83Q–83V) ins 2005 No. 10 s 40 Division 6—Offences relating to accreditation div 6 (s 83W) ins 2005 No. 10 s 40 Division 7—General provisions about accreditation div 7 (ss 83X–83Y) ins 2005 No. 10 s 40 PART 5—PROFESSIONAL CONDUCT Division 1—Matters referred to QCAT div hdg sub 2003 No. 68 s 76; 2009 No. 24 s 1124 Continuation of Professional Conduct Committee under the name Nursing Tribunal s 84 sub 2003 No. 68 s 77 om 2009 No. 24 s 1125 Tribunal’s functions prov hdg amd 2003 No. 68 s 78(1) s 85 amd 2003 No. 68 s 78(2)–(3); 2009 No. 24 s 1126 Tribunal’s constitution prov hdg amd 2003 No. 68 s 114 sch s 86 amd 2003 No. 68 s 114 sch sub 2009 No. 24 s 1127 Division 1A—Assessors div hdg ins 2009 No. 24 s 1127 Subdivision 1—Use of assessors in a hearing sdiv hdg ins 2009 No. 24 s 1127 Assessors to assist tribunal prov hdg amd 2003 No. 68 s 114 sch s 87 sub 1996 No. 60 s 57 amd 2003 No. 68 s 114 sch sub 2009 No. 24 s 1127 amd 2009 No. 48 s 163 Restrictions on appointment of assessors prov hdg amd 2003 No. 68 s 114 sch s 88 amd 2003 No. 68 s 114 sch sub 2009 No. 24 s 1127 Council must advise president of specialist and technical issues s 89 amd 2003 No. 68 s 114 sch sub 2009 No. 24 s 1127 Functions and powers of assessors s 90 sub 2009 No. 24 s 1127

143 Nursing Act 1992 Payment of assessors s 91 amd 1996 No. 60 s 58 sub 2009 No. 24 s 1127 Subdivision 2—Professional panel of assessors sdiv hdg ins 2009 No. 24 s 1127 Establishment of professional panel of assessors s 92 amd 2003 No. 68 s 114 sch sub 2009 No. 24 s 1127 Appointment of individuals to panel s 93 amd 2003 No. 68 s 114 sch sub 2009 No. 24 s 1127 Disqualification from membership of panel s 94 amd 1996 No. 60 s 59 sub 2009 No. 24 s 1127 Procedure for recommending members of panels of assessors s 95 amd 2003 No. 68 s 114 sch sub 2009 No. 24 s 1127 Duration of appointment prov hdg amd 2003 No. 68 s 114 sch s 96 amd 1996 No. 60 s 60; 2003 No. 68 s 114 sch sub 2009 No. 24 s 1127 amd 2009 No. 44 s 81 (amdt could not be given effect) Conditions of appointment prov hdg amd 2003 No. 68 s 114 sch s 97 amd 2003 No. 68 s 114 sch sub 2009 No. 24 s 1127 Vacation of office s 98 amd 2003 No. 68 s 114 sch sub 2009 No. 24 s 1127 Division 2—When part does not apply div hdg sub 2003 No. 68 s 79 Code of conduct s 99 sub 1995 No. 57 s 4 sch 1 om 2003 No. 68 s 80 Action may be taken in certain cases s 100 om 2003 No. 68 s 80 Division 2A—Codes of practice div hdg ins 2003 No. 68 s 81 Council may develop or adopt code of practice s 101A ins 2003 No. 68 s 81 amd 2006 No. 25 s 241(1) sch 3

144 Nursing Act 1992 Inspection of approved codes of practice etc. s 101B ins 2003 No. 68 s 81 Use of approved code of practice in disciplinary proceedings s 101C ins 2003 No. 68 s 81 Division 3—Complaints and investigations div hdg sub 2003 No. 68 s 82 Who may make complaint about nurse, midwife or other person authorised to practise nursing s 102 sub 1999 No. 58 s 496; 2003 No. 68 s 83 Grounds for complaint s 102AA ins 2003 No. 68 s 83 amd 2006 No. 25 s 241(1) sch 3 How complaint is made s 102AB ins 2003 No. 68 s 83 Entity making complaint to reveal identity s 102AC ins 2003 No. 68 s 83 Action by council on receipt of complaint prov hdg amd 2003 No. 68 s 84(1) s 102A ins 1999 No. 58 s 496 amd 2003 No. 68 s 84(2)–(5); 2006 No. 25 s 241(1) sch 3 Referral of complaint to commission prov hdg amd 2006 No. 25 s 241(1) sch 3 s 102B ins 1999 No. 58 s 496 amd 2006 No. 25 s 241(1) sch 3 Investigation to be undertaken by council s 102C ins 1999 No. 58 s 496 amd 2000 No. 46 s 3 sch; 2003 No. 68 s 85; 2006 No. 25 s 241(1) sch 3 Action may be taken in relation to former nurses etc. s 102D ins 1999 No. 58 s 496 amd 2003 No. 68 s 86 Investigation by council s 103 amd 1996 No. 60 s 61; 1999 No. 58 s 497; 2003 No. 68 s 87; 2006 No. 25 s 241(1) sch 3 Council to keep commission informed about investigation prov hdg amd 2006 No. 25 s 241(1) sch 3 s 103A ins 1999 No. 58 s 498 amd 2003 No. 68 s 88; 2006 No. 25 s 241(1) sch 3 Council may refer complaint to appropriate entity s 103B ins 1999 No. 58 s 498

145 Nursing Act 1992 Referral of disciplinary matter to tribunal prov hdg amd 1996 No. 60 s 62(1); 2003 No. 68 s 89(1) s 104 amd 1996 No. 60 s 62(2); 1999 No. 58 s 499; 2003 No. 68 s 89(2)–(4); 2006 No. 25 s 241(1) sch 3 sub 2009 No. 24 s 1128 Division 3A—Grounds for disciplinary action div hdg ins 2003 No. 68 s 90 Grounds s 104A ins 2003 No. 68 s 90 Division 4—Tribunal proceedings div hdg sub 2003 No. 68 s 91 Proceedings before tribunal prov hdg amd 2003 No. 68 s 114 sch s 105 amd 2003 No. 68 s 114 sch om 2009 No. 24 s 1129 Powers of tribunal prov hdg amd 2003 No. 68 s 114 sch s 106 amd 2003 No. 68 s 114 sch om 2009 No. 24 s 1129 Summons to witness s 107 amd 2003 No. 68 s 114 sch; 2005 No. 10 s 41 om 2009 No. 24 s 1129 Duty of witness at inquiry s 108 amd 2003 No. 68 s 114 sch om 2009 No. 24 s 1129 Self-incrimination a reasonable excuse s 109 amd 2003 No. 68 s 114 sch om 2009 No. 24 s 1129 Inspection of documents s 110 amd 2003 No. 68 s 114 sch om 2009 No. 24 s 1129 Obstruction of tribunal etc. prov hdg amd 2003 No. 68 s 114 sch s 111 amd 2003 No. 68 s 114 sch om 2009 No. 24 s 1129 Removal from tribunal hearing prov hdg amd 2003 No. 68 s 114 sch s 112 om 2009 No. 24 s 1129 Evidence and findings etc. in other proceedings may be received or adopted s 113 amd 2003 No. 68 s 114 sch om 2009 No. 24 s 1129 Health assessment s 114 amd 2003 No. 68 s 114 sch; 2009 No. 24 s 1130

146 Nursing Act 1992 Determinations of questions before tribunal prov hdg amd 2003 No. 68 s 114 sch s 115 amd 2003 No. 68 s 114 sch om 2009 No. 24 s 1131 Action by tribunal prov hdg amd 2003 No. 68 s 92(1) s 116 amd 1996 No. 60 s 63; 2003 No. 68 s 92; 2009 No. 24 s 1132 Effect of tribunal’s orders prov hdg amd 2003 No. 68 s 114 sch s 117 amd 2003 No. 68 s 114 sch; 2009 No. 24 s 1133 Notification of tribunal’s decision prov hdg amd 2003 No. 68 s 114 sch s 118 amd 1999 No. 58 s 500; 2003 No. 68 s 114 sch; 2006 No. 25 s 241(1) sch 3 sub 2009 No. 24 s 1134 Division 4A—Council to give notice to commission div hdg ins 1999 No. 58 s 501 amd 2006 No. 25 s 241(1) sch 3 Council to give notice to commission at end of dealing with matter prov hdg amd 2006 No. 25 s 241(1) sch 3 s 118A ins 1999 No. 58 s 501 amd 2000 No. 46 s 3 sch; 2003 No. 68 s 93; 2006 No. 25 s 241(1) sch 3 Division 6—Other matters div hdg ins 2003 No. 68 s 94 Aiding, abetting etc. conduct that is a ground for disciplinary action s 121A ins 2003 No. 68 s 94 PART 7—INVESTIGATION AND ENFORCEMENT Division 2—Investigation of offences Subdivision 1—Power to obtain information sdiv 1 (ss 127A–127D) ins 2009 No. 44 s 82 Subdivision 2—Entry of places by inspector sdiv hdg ins 2009 No. 44 s 82 Entry and search—evidence of offences s 129 amd 2003 No. 68 s 95 Inspector may require name and address s 133 amd 2003 No. 68 s 96 Division 3—Investigation under section 103 div hdg amd 2003 No. 68 s 97 Powers of inspectors s 136 amd 2003 No. 68 s 98 PART 8—GENERAL Division 1—Reviews div hdg sub 2009 No. 24 s 1135

147 Nursing Act 1992 Review of decisions and orders prov hdg amd 2009 No. 24 s 1136(1) s 137 amd 1996 No. 60 s 64; 2003 No. 68 s 99; 2005 No. 10 s 42; 2009 No. 24 s 1136(2)–(5) Holders of office to act honestly and with propriety s 138 amd 2003 No. 68 s 100; 2009 No. 24 s 1137 Confidentiality of documents and information s 139 amd 2003 No. 68 s 101; 2009 No. 24 s 1138; 2009 No. 44 s 83 Executive officer or council must notify Commissioner for Children and Young People and Child Guardian about particular information prov hdg amd 2010 No. 5 s 220(1) s 139A ins 2004 No. 49 s 53 sch amd 2006 No. 25 s 241(2) sch 4; 2009 No. 24 s 1139; 2010 No. 5 s 220 (2)–(5) Notice of certain convictions to be given to council s 140A ins 2003 No. 68 s 102 Notice of certain judgments and settlements to be given to council s 140B ins 2003 No. 68 s 102 amd 2006 No. 25 s 241(1) sch 3 Notice about certain events to be given to council s 140C ins 2003 No. 68 s 102 Approval of forms s 141 sub 2005 No. 10 s 43 Unauthorised nursing s 142 om 2005 No. 10 s 43 Council may give combined notice s 142A ins 1999 No. 58 s 502 Proceedings generally s 145 amd 1996 No. 60 s 65; 2003 No. 68 s 114 sch Regulation-making power prov hdg amd 1996 No. 60 s 66 s 148 amd 1995 No. 57 s 4 sch 1 (2) (prev s 10(2)) amd 2005 No. 10 s 10(2) reloc 2005 No. 10 s 10(3) amd 2009 No. 24 s 1140 PART 9—TRANSITIONAL PROVISIONS pt hdg sub 1995 No. 57 s 4 sch 1 Division 1—Provisions consequential on passing of Nursing Act 1992 div hdg prev div 1 hdg om 1995 No. 57 s 4 sch 1 pres div 1 hdg ins 1998 No. 41 s 14(2) sch 2 References to certain boards etc. s 149 sub 1995 No. 57 s 4 sch 1

148 Nursing Act 1992 Nursing Act 1976 and Nursing Studies Act 1976 references s 150 sub 1995 No. 57 s 4 sch 1 Division 2—Provisions for the Health and Other Legislation Amendment Act 1998 div hdg prev div 2 hdg om 1995 No. 57 s 4 sch 1 pres div 2 hdg ins 1998 No. 41 s 14(2) sch 2 Existing time for notification of change of particulars to continue etc. s 151 prev s 151 om 1995 No. 57 s 4 sch 1 pres s 151 ins 1998 No. 41 s 14(2) sch 2 Endorsement to practise as psychiatric nurse s 152 prev s 152 om 1995 No. 57 s 4 sch 1 pres s 152 ins 1998 No. 41 s 14(2) sch 2 Division 3—Provisions for the Health Practitioners (Professional Standards) Act 1999 div hdg prev div 3 hdg om 1995 No. 57 s 4 sch 1 pres div 3 hdg ins 1999 No. 58 s 503 Transitional for Health Practitioners (Professional Standards) Act 1999 s 153 prev s 153 om 1995 No. 57 s 4 sch 1 pres s 153 ins 1999 No. 58 s 503 Division 4—Provision for Health Legislation Amendment Act 2003 div hdg prev div 4 hdg om 1995 No. 57 s 4 sch 1 pres div 4 hdg ins 2003 No. 68 s 103 Continuation of Professional Conduct Committee under the name Nursing Tribunal s 154 prev s 154 om 1995 No. 57 s 4 sch 1 pres s 154 ins 2003 No. 68 s 103 Division 5—Provisions for the Health Legislation Amendment Act 2005 div hdg prev div 5 hdg om 1995 No. 57 s 4 sch 1 pres div 5 hdg ins 2005 No. 10 s 44 Transitional for Health Legislation Amendment Act 2005 s 155 prev s 155 om 1995 No. 57 s 4 sch 1 pres s 155 ins 2005 No. 10 s 44 Division 6—Provisions for the Health Quality and Complaints Commission Act 2006 div hdg prev div 6 hdg om 1995 No. 57 s 4 sch 1 pres div 6 hdg ins 2006 No. 25 s 241(1) sch 3 Definitions for div 6 s 156 prev s 156 om 1995 No. 57 s 4 sch 1 pres s 156 ins 2006 No. 25 s 241(1) sch 3 When investigation must be conducted or continued s 157 prev s 157 om 1995 No. 57 s 4 sch 1 pres s 157 ins 2006 No. 25 s 241(1) sch 3 Reports to commission on investigation by council s 158 prev s 158 om 1995 No. 57 s 4 sch 1 pres s 158 ins 2006 No. 25 s 241(1) sch 3

149 Nursing Act 1992 Continuing requirement for council to give notice to commission s 159 prev s 159 om 1995 No. 57 s 4 sch 1 pres s 159 ins 2006 No. 25 s 241(1) sch 3 Division 7—Transitional provision for Criminal History Screening Legislation Amendment Act 2010 div hdg prev div 7 hdg om R1 (see RA s 39) pres div 7 hdg ins 2010 No. 5 s 221 Giving particular information to children’s commissioner s 160 prev s 160 om 1995 No. 57 s 4 sch 1 pres s 160 ins 2010 No. 5 s 221 Division 7—Transitional provisions for the Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 div hdg ins 2010 No. 14 s 79 Definitions for div 7 s 160 ins 2010 No. 14 s 79 Automatic expiry of registration or enrolment instead of cancellation by council s 161 prev s 161 om 1995 No. 57 s 4 sch 1 pres s 161 ins 2010 No. 14 s 79 Disclosure of protected documents and protected information to the National Agency s 162 prev s 162 om R1 (see RA s 40) pres s 162 ins 2010 No. 14 s 79 Disclosure of protected documents and protected information to the Nursing and Midwifery Board s 163 prev s 163 om R1 (see RA s 40) pres s 163 ins 2010 No. 14 s 79 Disclosure of protected documents and protected information to the department s 164 ins 2010 No. 14 s 79 SCHEDULE 1—REPEAL OF ACTS om R1 (see RA s 40) SCHEDULE 2—AMENDMENT OF ACTS om R1 (see RA s 40) 8 List of forms notified or published in the gazette (The following information about forms is taken from the gazette and is included for information purposes only. Because failure by a department to notify or publish a form in the gazette does not invalidate the form, you should check with the relevant government department for the latest information about forms (see Statutory Instruments Act, section 58(8)).) Form QNC1 Application Form: Nursing Act (1992) in Application Package QNC1 pubd gaz 1 October 2004 p 390

150 Nursing Act 1992 Form QNC2 Notification Form: Mutual Recognition Act 1992 and Trans Tasman Mutual Recognition Act 2003 in Application Package QNC2 pubd gaz 1 October 2004 p 390 © State of Queensland 2010

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