Table Of Contents

Nursing By-law 1993

Queensland Crest
Nursing By-law 1993
Queensland Nursing Act 1992 Nursing By-law 1993 Reprinted as in force on 1 July 2005 Reprint No. 5B 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 2005 SL No. 193 s 17
Information about this reprint This by-law is reprinted as at 1 July 2005. 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. Minor editorial changes allowed under the provisions of the Reprints Act 1992 have also been made to use aspects of format and printing style consistent with current drafting practice (s 35). 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. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic 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 a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.
Queensland Nursing By-law 1993 Contents Part 1 1 2 3 4 5 Part 2 6 7 8 Part 3 9 10 11 12 13 Part 4 Division 1 14 15 16 Division 2 17 18 Division 3 19 21 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 References to a number of academic semesters . . . . . . . . . . . . . 6 Application of by-law to nursing courses . . . . . . . . . . . . . . . . . . . 6 Business and procedure of council Executive officer to give notice of meetings . . . . . . . . . . . . . . . . . 7 Council to keep minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Order of business at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Accreditation of nursing courses Accreditation process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Application for accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Nature of requirements about application . . . . . . . . . . . . . . . . . . 8 Application by tertiary nursing school. . . . . . . . . . . . . . . . . . . . . . 9 Certificate of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Nature of accredited nursing courses Preliminary Object of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Determinations about competence for practice . . . . . . . . . . . . . . 10 Nursing courses to reflect standards of competence . . . . . . . . . . 10 Registered nurse course Name of course . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Period of course . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Enrolled nurse course Name of course . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Period of course . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 4 22 23 24 25 Division 5 26 27 28 Division 6 29 30 31 32 Part 5 33 34 35 36 37 Part 6 45 46 47 48 49 50 Part 7 Division 1 51 52 53 Division 2 54 55 56 2 Nursing By-law 1993 Midwifery course Name of course . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Entry to course . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Clinical experience component of course. . . . . . . . . . . . . . . . . . . Period of course . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mental health nurse course Name of course . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Entry to course . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Period of course . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Completion of accredited nursing courses Meaning of required period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Courses must be completed within required period . . . . . . . . . . . Extension of required period—hospital nursing school . . . . . . . . Extension of required period—tertiary nursing school . . . . . . . . . Standards for nurse education Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . High quality nurse education . . . . . . . . . . . . . . . . . . . . . . . . . . . . Determinations about the quality of nurse education . . . . . . . . . . Notice of determinations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Agreement for the provision of learning experiences . . . . . . . . . . Examinations administered by the council Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Applications for examinations. . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure of examinations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Remark of examination paper . . . . . . . . . . . . . . . . . . . . . . . . . . . Council’s examination policy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payment of examiners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administration Registration and enrolment Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Particulars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Records Student records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Storage of records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Certificates of hospital nursing schools . . . . . . . . . . . . . . . . . . . . 12 12 12 12 13 13 13 13 14 14 14 15 15 15 16 16 16 16 17 17 17 18 18 18 18 19 19 20
3 Nursing By-law 1993 Part 8 57 57A 58 59 59A 60 61 62 63 64 64A 65 66 67 68 Schedule Miscellaneous Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Waiver of fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Common seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fee for copy of council’s records . . . . . . . . . . . . . . . . . . . . . . . . . Fee for certificate of particulars of registration, enrolment or authorisation to practise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Design of badges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of badges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lost certificates of registration or enrolment . . . . . . . . . . . . . . . . Restoration of registration or enrolment . . . . . . . . . . . . . . . . . . . . Annual licence certificate fee—payment period . . . . . . . . . . . . . . Refund of proportion of annual licence certificate fee . . . . . . . . . Application for authorisation to practise . . . . . . . . . . . . . . . . . . . . Restoration of authorisation to practise . . . . . . . . . . . . . . . . . . . . Witness allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prescribed particulars in register or roll . . . . . . . . . . . . . . . . . . . . Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 20 21 21 21 21 22 22 22 23 23 23 24 24 25 26 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 28 28 29 29 30
s1 5 s3 Nursing By-law 1993 Nursing By-law 1993 [as amended by all amendments that commenced on or before 1 July 2005] Part 1 Preliminary 1 Short title This by-law may be cited as the Nursing By-law 1993 . 2 Commencement This by-law commences on 1 November 1993. 3 Definitions In this by-law— academic semester has the meaning given by section 4. enrolled nurse course means a nursing course mentioned in section 19. examiner means an examiner appointed under section 82(1)(b) of the Act. governing institution of a school of nursing means the tertiary institution, hospital, nursing home or other institution that conducts the school. hospital nursing school means a school of nursing conducted by a hospital, nursing home or other health institution. mental health nurse course means a nursing course mentioned in section 26. midwifery course means a nursing course mentioned in section 22. registered nurse course means a nursing course mentioned in section 17.
s4 6 s5 Nursing By-law 1993 required competence , for a person practising in an area of nursing, is the competence the council has determined under section 15 is required to be held by the person to be able to practise nursing properly in the area. tertiary nursing school means a school of nursing other than a hospital nursing school. 4 References to a number of academic semesters (1) A reference in this by-law to the period of a nursing course in terms of a number of academic semesters is a reference to the amount of full-time study that normally would be completed in the academic semesters. (2) However, a school of nursing may conduct a nursing course over a longer or shorter period if the course consists of the equivalent amount of full-time study. Example — A nursing course consisting of 6 academic semesters normally would be completed over 3 years of full-time study. But the course could be conducted over 6 years of part-time study, or the 6 academic semesters could be completed over 2 years of continuous full-time study. 5 Application of by-law to nursing courses This by-law applies only to a nursing course that is— (a) a registered nurse course; or (b) an enrolled nurse course; or (c) a midwifery course; or (d) a mental health nurse course; or (e) another course designed to provide a student undertaking the course with the required competence to practise nursing in an area other than an area mentioned in paragraph (c) or (d).
s6 7 s8 Nursing By-law 1993 Part 2 Business and procedure of council 6 Executive officer to give notice of meetings If a meeting of the council is called, the executive officer must give written notice to each member of the council stating— (a) the day, time and place of the meeting; and (b) the business of the meeting. 7 Council to keep minutes The council must keep minutes of each meeting. 8 Order of business at meetings Unless the council decides otherwise, the order of business at a meeting is to be as follows— (a) confirmation of the minutes of the previous meeting; (b) business arising out of the minutes of the previous meeting; (c) consideration of correspondence; (d) consideration of committee reports and recommendations; (e) financial matters; (f) general business.
s 9 8 s 11 Nursing By-law 1993 Part 3 Accreditation of nursing courses 9 Accreditation process This part sets out the procedure for the accreditation by the council of a nursing course to be conducted by a school of nursing. 10 Application for accreditation (1) The school must give to the council a written notice of intention to apply for accreditation of the course. (2) The notice must be given— (a) before the course starts; and (b) within the time specified by the council. (3) The council then must advise the school of— (a) the information it requires in the application for accreditation of the course; and (b) the day by which it requires the application to be given to it. (4) The school must comply with the council’s requirements for the application. 11 Nature of requirements about application (1) The information required to be given in the application for accreditation must be relevant to a determination by the council of the standard of the relevant nursing course. (2) The day by which the application is required to be given (the due day ) must be reasonable, having regard to— (a) the period of notice the council gives the school of the due day; and (b) the information required to be included in the application; and
s 12 9 s 13 Nursing By-law 1993 (c) the period between the due day and the day the course is proposed to start; and (d) any other relevant matter. 12 Application by tertiary nursing school (1) A tertiary nursing school may apply for the accreditation of a nursing course only if— (a) the course has been accredited in the approved way; or (b) an application for the course to be accredited in the approved way has been made. (2) The council may accredit a nursing course for which an application for accreditation is made by a tertiary nursing school only if the course has been accredited in the approved way. (3) A nursing course proposed to be conducted by a tertiary nursing school is accredited in the approved way if it is accredited— (a) in the case of a school conducted by a university—by the university; or (b) in the case of a school conducted otherwise than by a university—under the Vocational Education, Training and Employment Act 1991 or another law. 13 Certificate of accreditation (1) If the council accredits a nursing course, it must give to the school that is to conduct the course a certificate of accreditation. (2) The certificate must state— (a) the course to which the accreditation relates; and (b) whether the accreditation is an interim, temporary, provisional or full accreditation; and (c) any conditions to which the accreditation is subject; and (d) the period of accreditation. (3) The period of accreditation must not be more than 5 years.
s 14 10 s 16 Nursing By-law 1993 Part 4 Nature of accredited nursing courses Division 1 Preliminary 14 Object of part The object of this part is to specify— (a) the nature of certain accredited nursing courses; and (b) the names in which the courses may be conducted; and (c) the periods for which the courses may be conducted; and (d) the conditions under which the courses may be conducted. 15 Determinations about competence for practice (1) The council may determine, for a specified area of nursing, the nature and level of competence required to be held by a person to be able to practise nursing properly in the area. (2) In determining the nature and level of competence required to be held by a person, the council may determine— (a) the clinical experience or theoretical instruction required to be held or received by a person to attain the required competence; and (b) the minimum number of hours of clinical experience or theoretical instruction, in a specified area, that an accredited nursing course should contain. 16 Nursing courses to reflect standards of competence If the council makes a determination under section 15— (a) it must give details of the determination to each school of nursing conducting, or proposing to conduct, an accredited nursing course involving the area of nursing to which the determination relates; and
s 17 11 s 21 Nursing By-law 1993 (b) the school must ensure the course is structured in a way that properly reflects the determination. Division 2 Registered nurse course 17 Name of course A nursing course— (a) conducted by a school of nursing; and (b) designed to provide a student undertaking the course with the required competence for each area of nursing applicable to a registered nurse; is called a registered nurse course. 18 Period of course A registered nurse course must consist of at least 6 academic semesters. Division 3 Enrolled nurse course 19 Name of course A nursing course— (a) conducted by a school of nursing; and (b) designed to provide a student undertaking the course with the required competence for each area of nursing applicable to an enrolled nurse; is called an enrolled nurse course. 21 Period of course (1) An enrolled nurse course conducted by a hospital nursing school must be for a continuous period of at least 1 year. (2) An enrolled nurse course conducted by a tertiary nursing school must consist of at least 2 academic semesters.
s 22 12 s 25 Nursing By-law 1993 Division 4 Midwifery course 22 Name of course A nursing course— (a) conducted by a school of nursing; and (b) designed to provide a student undertaking the course with the required competence to practise midwifery; is called a midwifery course. 23 Entry to course A school of nursing may admit a person to a midwifery course only if the person is a registered nurse. 24 Clinical experience component of course (1) A student in a midwifery course must conduct the procedures for at least 20 cases of childbirth. (2) A student is taken to conduct the procedures for a case of childbirth if the student assists in conducting the procedures. (3) However, in determining the 20 cases, the number of cases in which the student assists in conducting the procedures may not be more than— (a) 3 cases of forceps delivery; and (b) 1 case of breach delivery; and (c) 1 case of delivery by caesarean section. 25 Period of course (1) A midwifery course conducted by a hospital nursing school must be for a continuous period of at least 1 year. (2) A midwifery course conducted by a tertiary nursing school must consist of at least 2 academic semesters.
s 26 13 s 29 Nursing By-law 1993 Division 5 Mental health nurse course 26 Name of course A nursing course— (a) conducted by a school of nursing; and (b) designed to provide a student undertaking the course with the required competence to practise mental health nursing; is called a mental health nurse course. 27 Entry to course A school of nursing may admit a person to a mental health nurse course only if the person is a registered nurse. 28 Period of course (1) A mental health nurse course conducted by a hospital nursing school must be for a continuous period of at least 18 months. (2) A mental health nurse course conducted by a tertiary nursing school must consist of at least 2 academic semesters. (3) The period mentioned in subsection (1)— (a) includes any period of recreation leave taken by a student during the first year of the course; but (b) does not include any other period of recreation leave taken by the student. Division 6 Completion of accredited nursing courses 29 Meaning of required period In this division— required period for the completion of an accredited nursing course means—
s 30 14 s 32 Nursing By-law 1993 (a) if the course is conducted by a hospital nursing school—the period of the course specified in this part; or (b) if the course is conducted by a tertiary nursing school—the period fixed by the school. 30 Courses must be completed within required period (1) A student is taken not to have successfully completed an accredited nursing course if the student does not complete the course within the required period. (2) This section applies subject to sections 31, 32 and 47. 31 Extension of required period—hospital nursing school (1) A hospital nursing school may grant to a student an extension of the required period for completion of an accredited nursing course if it is satisfied that, because of illness or other reasonable cause, the student— (a) has been absent from the course for an extended period; or (b) has failed to demonstrate a readiness to undertake the necessary examinations at the scheduled times. (2) The period of the extension must not end later than the last day of the next examination administered by the council for the course. 32 Extension of required period—tertiary nursing school A tertiary nursing school may— (a) formulate a reasonable policy about the circumstances in which it will grant to a student an extension of the required period for completion of an accredited nursing course; and (b) grant extensions in accordance with the policy.
s 33 15 s 35 Nursing By-law 1993 Part 5 Standards for nurse education 33 Application of part This part applies to a school of nursing that conducts an accredited nursing course. 34 High quality nurse education (1) The school must be conducted generally to ensure high quality nurse education is provided in the conduct of its accredited nursing courses. (2) Without limiting subsection (1), to ensure high quality nurse education is provided, the school must— (a) adopt appropriate management practices, including, for example, planning and evaluation; and (b) employ appropriate staff; and (c) have available appropriate resources; and (d) formulate the curriculum for the accredited nursing courses in an appropriate way. 35 Determinations about the quality of nurse education (1) The council may make written determinations about the way in which schools of nursing may provide high quality nurse education. (2) Without limiting subsection (1), the council may determine— (a) the appropriate management practices for the schools; and (b) the appropriate staffing for the schools; and (c) the appropriate resources to be available at the schools; and (d) the appropriate way for the schools to formulate the curriculum for the accredited nursing courses.
s 36 16 s 46 Nursing By-law 1993 36 Notice of determinations (1) If the council makes a determination under section 35 it must, within 10 working days of the date of the determination, give a copy of the determination to each school of nursing conducting, or proposing to conduct, an accredited nursing course involving the area of nursing to which the determination relates. (2) Each school given a copy of a determination under subsection (1) must ensure the quality of nurse education provided properly reflects the determination. 37 Agreement for the provision of learning experiences If the school proposes that learning experiences should be provided by another organisation to students undertaking an accredited nursing course at the school, as part of the course, the school first must enter into a written agreement with the organisation about the provision of the learning experiences. Part 6 Examinations administered by the council 45 Application of part This part applies only to examinations administered by the council. 46 Applications for examinations (1) The council may set a day (the due day ) by which an application to sit for an examination for an accredited nursing course must be received by it. (2) The council may accept an application after the due day only if it is satisfied the acceptance would be reasonable in all the circumstances. (3) A student may sit for an examination only if the student’s application—
s 47 17 s 49 Nursing By-law 1993 (a) is given to the council by the due day or is accepted by the council under subsection (2); and (b) is accompanied by the application fee set out in part 1 of the schedule; and (c) if the application is made after the due day—also is accompanied by the late fee set out in part 1 of the schedule. 47 Failure of examinations (1) A student who fails an examination for an accredited nursing course may sit for the examination again. (2) If the student fails the examination a second time, the student may sit for the examination again only with the approval of the council. (3) The council may give its approval only if it is satisfied that the giving of the approval is reasonable in all the circumstances. 48 Remark of examination paper (1) A student may apply for the student’s examination paper to be remarked. (2) The application must be— (a) given to the council within 21 days after notice of the student’s results for the paper is given to the student by the council; and (b) accompanied by the relevant fee set out in part 1 of the schedule. 49 Council’s examination policy (1) The council may give a written direction to a hospital nursing school about the way it must conduct examinations for an accredited nursing course. (2) If the school does not comply with a direction about an examination, the examination does not have any effect.
s 50 18 s 53 Nursing By-law 1993 50 Payment of examiners The council must pay to an examiner the fees set out in part 2 of the schedule. Part 7 Administration Division 1 Registration and enrolment 51 Register The register must contain the particulars mentioned in section 53 for each person registered under the Act as a registered nurse. 52 Roll The roll must contain the particulars mentioned in section 53 for each person enrolled under the Act as an enrolled nurse. 53 Particulars (1) The following are the particulars for the purposes of sections 51 and 52— (a) the person’s date of birth; (b) the person’s residential address; (c) the qualifications held by the person for— (i) registration; or (ii) enrolment; or (iii) being authorised to practise as a midwife or mental health nurse or in another area of nursing; (d) the person’s registration or enrolment number; (e) the person’s date of registration or enrolment.
s 54 19 s 55 Nursing By-law 1993 (2) The particulars are in addition to the person’s name and other particulars required to be included in the register or roll under section 48(3) or 49(3) of the Act. Division 2 Records 54 Student records (1) A current record must be kept for each student enrolled in an accredited nursing course conducted by a school of nursing. (2) The record must contain the following particulars— (a) the student’s name; (b) the student’s date of birth; (c) the student’s educational background; (d) the day the student started the course; (e) the day the student completed the course or, if the student discontinued the course before completing it, the day of discontinuance; (f) the student’s theoretical instruction and clinical experience; (g) the student’s academic progress; (h) the student’s clinical nursing progress. (3) If the student is a student at a hospital nursing school, the record also must contain particulars of the student’s sick, recreation and other leave. (4) The records must be kept— (a) for a tertiary nursing school—by the governing institution of the school; or (b) for a hospital nursing school—by the school. 55 Storage of records The governing institution or school must store the records— (a) safely; and
s 56 20 s 57A Nursing By-law 1993 (b) in a way that they are readily accessible for inspection under section 80 of the Act. 56 Certificates of hospital nursing schools If the governing body of a hospital nursing school gives a certificate to a person who successfully completes an accredited nursing course conducted by the school, the certificate must contain the following particulars— (a) the person’s name; (b) the school’s name; (c) the name of the course; (d) the day the person started the course; (e) certification that the person has— (i) completed the required theoretical instruction and clinical experience; and (ii) passed the required examinations; (f) the day the certificate is given; (g) the signature of the permanent head of the school; (h) the person’s signature; (i) any other relevant particulars determined by the school’s governing body. Part 8 Miscellaneous 57 Fees The fees payable for the purposes of the Act are set out in the schedule. 57A Waiver of fees (1) The council may waive payment by a person of a fee if it is satisfied on reasonable grounds that payment of the fee would
s 58 21 s 60 Nursing By-law 1993 cause, or would be likely to cause, the person to suffer undue financial hardship. (2) If the council, under subsection (1), waives payment of a fee, the person is taken to have paid the fee. (3) The council may waive payment of a fee by the Australian Nursing Council Incorporated for inspecting an entry in, or for obtaining a copy of or extract from, the register or roll. 58 Common seal (1) This section applies to the use of the council’s seal only to the extent that the use is not inconsistent with a use authorised by the council under section 45(1) of the Act. (2) The council must attach its seal to each certificate of registration or enrolment it issues under section 61 of the Act. (3) When sealing a document, the council must certify that the seal has been attached by order of the council. 59 Fee for copy of council’s records The relevant fee set out in part 1 of the schedule is payable for the provision by the council of a copy of its records to a person at the person’s request. 59A Fee for certificate of particulars of registration, enrolment or authorisation to practise The fee stated in part 1 of the schedule for a certificate of particulars of registration, enrolment or authorisation to practise midwifery, mental health nursing or nursing in another area of nursing is payable to the council for the certificate. 60 Design of badges A badge issued to a person under section 61(1)(c) of the Act on the registration or enrolment of the person must— (a) contain the words ‘Queensland Nursing Council’; and
s 61 22 s 63 Nursing By-law 1993 (b) show whether the person is a registered nurse or an enrolled nurse. 61 Replacement of badges (1) As soon as practicable after a nurse becomes aware that the badge issued to the nurse has been lost or destroyed, the nurse must notify the council in writing of the loss or destruction. Maximum penalty—1 penalty unit. (2) If the nurse pays the relevant fee set out in part 1 of the schedule, the council must issue the nurse with a replacement badge. 62 Lost certificates of registration or enrolment As soon as practicable after a nurse becomes aware that the certificate of registration or enrolment issued to the nurse has been lost or destroyed, the nurse must notify the council in writing of the loss or destruction. Maximum penalty—1 penalty unit. 63 Restoration of registration or enrolment (1) A person whose registration or enrolment has been cancelled under the Nursing Act 1976 , section 31, or section 70(1)(b), (c) or (d) of the Act may apply to the council to be re-registered or re-enrolled. (2) The application must be— (a) in the form approved by the council; and (b) accompanied by— (i) the application fee for the restoration of registration or enrolment; and (ii) the annual licence certificate fee.
s 64 23 s 65 Nursing By-law 1993 64 Annual licence certificate fee—payment period For section 74(3) of the Act, the period in which the annual licence certificate fee must be paid is the period from 1 April to 30 June. 64A Refund of proportion of annual licence certificate fee (1) If— (a) on the application of a nurse—the council cancels the nurse’s registration or enrolment; or (b) on the application of a midwife—the council revokes the midwife’s authority to practice; the council must refund to the nurse or midwife the amount stated in subsection (2). (2) The amount to be refunded is the following proportion of the full fee, according to the period in which the registration or enrolment was cancelled or authority to practice was revoked— (a) from 1 July to 30 September—75%; (b) from 1 October to 31 December—50%; (c) from 1 January to 31 March—25%; (d) from 1 April to 30 June—0%. (3) In subsection (2)— full fee means the annual licence certificate fee payable for registration, enrolment or authority to practise midwifery for a full year. 65 Application for authorisation to practise (1) A person may apply to the council to be authorised to practise midwifery, mental health nursing or nursing in another area of nursing. (2) The application must be in the form approved by the council and accompanied by the relevant fee set out in part 1 of the schedule.
s 66 24 s 67 Nursing By-law 1993 (3) An application by a person who is not a nurse to practise midwifery must also be accompanied by the annual licence certificate fee stated in the schedule, part 1. (4) If an application mentioned in subsection (3) is refused, the council must immediately refund the annual licence certificate fee that accompanied the application. 66 Restoration of authorisation to practise (1) A person whose authorisation to practise midwifery, mental health nursing or nursing in another area of nursing has been cancelled may apply to the council for restoration of the authorisation. (2) The application must be in the form approved by the council and accompanied by the relevant fee set out in part 1 of the schedule. 67 Witness allowance (1) For the purpose of section 107(3) of the Act, the prescribed allowance payable to a person who appears as a witness at a hearing by the committee is— (a) the allowance that would be payable to the person if the person were appearing as a witness before a Magistrates Court; or (b) any higher allowance approved by the committee under this section. (2) The committee may approve the higher allowance only if— (a) an application for its payment is made by the party who called the witness; and (b) the witness appeared in the capacity of a doctor, nurse or another professional capacity. (3) Any allowance approved by the committee must be reasonable, having regard to— (a) the subject matter of the hearing; and (b) the qualifications and experience of the witness; and (c) any other relevant matter.
s 68 25 s 68 Nursing By-law 1993 68 Prescribed particulars in register or roll For section 53(2) of the Act, the residential address or date of birth of an enrolled or registered nurse is a prescribed particular.
26 Nursing By-law 1993 Schedule Fees sections 46(3), 48(2), 50, 57, 59, 59A, 61(2), 63(2), 65(2) and (3) and 66(2) Part 1 Fees payable to council $ 1 Application for 1 or more of the following— (a) registration, including temporary registration; (b) enrolment; (c) authorisation to practise midwifery, mental health nursing or nursing in an another area of nursing . . . . . 44.00 2 Annual licence certificate fee . . . . . . . . . . . . . . . . . . . . . . . 85.00 3 Application for 1 or more of the following— (a) restoration of registration or enrolment; (b) restoration of authorisation to practise midwifery, mental health nursing or nursing in an another area of nursing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44.00 4 Duplicate or certified copy of certificate of registration or enrolment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44.00 5 Replacement badge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44.00 6 Certificate of particulars of registration, enrolment or authorisation to practise midwifery, mental health nursing or nursing in another area of nursing. . . . . . . . . . . . . . . . . . 55.00 7 Copy of a record held by the council (for each page) . . . . . .35 8 Application to sit for an examination—for each paper . . . . 22.00 9 Late application to sit for an examination . . . . . . . . . . . . . . 22.00 10 Application for remark of an examination paper. . . . . . . . . 22.00
27 Nursing By-law 1993 Part 2 Schedule (continued) Fees payable to examiners $ 13 To set an examination paper . . . . . . . . . . . . . . . . . . . . . . 44.00 14 To mark an examination paper. . . . . . . . . . . . . . . . . . . . . 11.00 15 To remark an examination paper . . . . . . . . . . . . . . . . . . . 17.00 16 To supervise an examination session . . . . . . . . . . . . . . . . 39.00
28 Nursing By-law 1993 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 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 1 July 2005. Future amendments of the Nursing By-law 1993 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd 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 = 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
29 Nursing By-law 1993 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 2 3 3A 4 4A 5 5A Amendments to none 1994 SL No. 62 1994 SL No. 120 1994 SL No. 158 1994 SL No. 385 1995 SL No. 40 1997 SL No. 30 1997 SL No. 80 — 1999 SL No. 35 — 2001 SL No. 274 Effective 1 November 1993 31 March 1994 28 October 1994 27 March 1997 27 March 1997 5 April 1999 5 April 1999 31 March 2002 Reprint date 21 December 1993 18 April 1994 8 November 1994 2 April 1997 2 April 1998 7 April 1999 3 March 2000 5 April 2002 Reprint No. 5B Amendments included 2005 SL No. 95 Effective 1 July 2005 Notes 5 List of legislation Nursing By-law 1993 SL No. 394 made by the Queensland Nursing Council on 18 October 1993 notfd gaz 29 October 1993 pp 770–1 ss 1–2 commenced on date of notification remaining provisions commenced 1 November 1993 (see s 2) exp 31 August 2005 (see SIA s 56A(1)(b) and SIR s 5 sch 3) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Nursing Amendment By-law (No. 1) 1994 SL No. 62 notfd gaz 25 February 1994 pp 732–5 commenced on date of notification Nursing Amendment By-law (No. 2) 1994 SL No. 120 notfd gaz 31 March 1994 pp 1311–12 commenced on date of notification Nursing Amendment By-law (No. 3) 1994 SL No. 158 notfd gaz 20 May 1994 pp 603–5 commenced on date of notification
30 Nursing By-law 1993 Nursing Amendment By-law (No. 4) 1994 SL No. 385 notfd gaz 28 October 1994 pp 813–15 commenced on date of notification Nursing Amendment By-law (No. 1) 1995 SL No. 40 notfd gaz 24 February 1995 pp 816–18 commenced on date of notification Nursing Amendment By-law (No. 1) 1997 SL No. 30 notfd gaz 21 February 1997 pp 723–4 commenced on date of notification Nursing Amendment By-law (No. 2) 1997 SL No. 80 notfd gaz 27 March 1997 pp 1333–6 commenced on date of notification Nursing Amendment By-Law (No. 1) 1999 SL No. 35 notfd gaz 26 March 1999 pp 1450–3 ss 1–2 commenced on date of notification remaining provisions commenced 5 April 1999 (see s 2) Nursing Amendment By-law (No. 1) 2001 SL No. 274 notfd gaz 21 December 2001 pp 1482–8 ss 1–2 commenced on date of notification remaining provisions commenced 31 March 2002 (see s 2) Nursing Amendment By-law (No. 1) 2005 SL No. 95 notfd gaz 27 May 2005 pp 308–11 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2005 (see s 2) 6 List of annotations Definitions s 3 def “mental health nurse course” ins 1999 SL No. 35 s 4 def “psychiatric nurse course” om 1999 SL No. 35 s 4 Application of by-law to nursing courses s 5 amd 1999 SL No. 35 s 5 Entry to course s 20 om 1999 SL No. 35 s 6 Division 5—Mental health nurse course div hdg sub 1999 SL No. 35 s 7 Name of course s 26 amd 1999 SL No. 35 s 5 Entry to course s 27 amd 1999 SL No. 35 s 5 Period of course s 28 amd 1999 SL No. 35 s 5
31 Nursing By-law 1993 High quality nurse education s 34 sub 1999 SL No. 35 s 8 Determinations about the quality of nurse education s 35 sub 1999 SL No. 35 s 8 Notice of determinations s 36 sub 1999 SL No. 35 s 8 Agreement for the provision of learning experiences s 37 prev s 37 om 1999 SL No. 35 s 8 pres s 37 (prev s 41) renum 1999 SL No. 35 s 9 Position descriptions for teaching staff s 38 om 1999 SL No. 35 s 8 School to have appropriate staff s 39 om 1999 SL No. 35 s 8 Staff etc. of a hospital nursing school who must be registered nurses s 40 om 1999 SL No. 35 s 8 School to have appropriate resources s 42 om 1999 SL No. 35 s 10 Curriculum of courses s 43 om 1999 SL No. 35 s 10 Evaluation s 44 om 1999 SL No. 35 s 10 Particulars s 53 amd 1999 SL No. 35 s 5 Waiver of fees s 57A ins 1994 SL No. 158 s 3 amd 1995 SL No. 40 s 3 Fee for certificate of particulars of registration, enrolment or authorisation to practise s 59A ins 2001 SL No. 274 s 4 Restoration of registration or enrolment s 63 amd 1997 SL No. 80 s 3; 2001 SL No. 274 s 5 Annual licence certificate fee—payment period s 64 sub 1997 SL No. 80 s 4 Refund of proportion of annual licence certificate fee prov hdg amd 1997 SL No. 80 s 5 s 64A ins 1994 SL No. 385 s 3 Application for authorisation to practise s 65 amd 1997 SL No. 80 s 6; 1999 SL No. 35 s 5 Restoration of authorisation to practise s 66 amd 1999 SL No. 35 s 5
32 Nursing By-law 1993 Prescribed particulars in register or roll s 68 ins 1997 SL No. 30 s 3 amd 2001 SL No. 274 s 6 SCHEDULE—FEES amd 1994 SL No. 62 s 3; 1994 SL No. 120 s 3; 1994 SL No. 385 s 4; 1997 SL No. 80 s 7; 1999 SL No. 35 s 5 sub 2001 SL No. 274 s 7; 2005 SL No. 95 s 4 © State of Queensland 2005