Nursing Regulation 2005

Queensland Nursing Act 1992 Nursing Regulation 2005 Reprinted as in force on 1 December 2009 Reprint No. 1F 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 regulation is reprinted as at 1 December 2009. 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 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 Regulation 2005 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 Part 3 11 12 13 14 15 Schedule Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Accreditation of nursing courses Prescribed day for late application for accreditation—Act, s 80 . . 3 Prescribed periods for inquiries into application for accreditation—Act, s 83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Prescribed period for deciding application for accreditation—Act, s 83B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Prescribed period for deciding application for approval of variation—Act, s 83J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Prescribed day for application for renewal of accreditation—Act, s 83L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Prescribed periods for inquiries into application for renewal of accreditation—Act, s 83M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Prescribed period for deciding application for renewal of accreditation—Act, s 83P . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Show cause period—Act, s 83R. . . . . . . . . . . . . . . . . . . . . . . . . . 5 Miscellaneous Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Waiver of fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Application for authorisation to practise . . . . . . . . . . . . . . . . . . . . 6 Payment period for annual licence certificate fee—Act, s 74 . . . . 6 Badges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Endnotes 1 2 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 9 9

Nursing Regulation 2005 Contents 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 10 11 Page 2

Nursing Regulation 2005 Nursing Regulation 2005 Part 1 Preliminary [s 1] [as amended by all amendments that commenced on or before 1 December 2009] Part 1 Preliminary 1 Short title This regulation may be cited as the Nursing Regulation 2005 . 2 Commencement This regulation commences on 30 August 2005. Part 2 Accreditation of nursing courses 3 Prescribed day for late application for accreditation—Act, s 80 For section 80(1) of the Act, the prescribed day for an application for accreditation of a nursing course is the day that is 7 months before the proposed commencement day for the course stated in the application. 4 Prescribed periods for inquiries into application for accreditation—Act, s 83 (1) For section 83(2) of the Act, the prescribed period for giving a notice requiring further information or a document to decide Reprint 1F effective 1 December 2009 Page 3

Nursing Regulation 2005 Part 2 Accreditation of nursing courses [s 5] an application for accreditation of a nursing course is 100 days after the council receives the application. (2) For section 83(3) of the Act, the prescribed period is 14 days. 5 Prescribed period for deciding application for accreditation—Act, s 83B (1) For section 83B of the Act, the prescribed period for deciding an application for accreditation of a nursing course is 100 days after the council receives the application. (2) However, if the council has given a notice under section 83(2) of the Act requiring further information or a document to decide the application, the prescribed period is 100 days after the council receives the further information or document. 6 Prescribed period for deciding application for approval of variation—Act, s 83J (1) For section 83J of the Act, the prescribed period for deciding an application for approval of a variation of an accredited nursing course is 100 days after the council receives the application. (2) However, if the council has given a notice under section 83H(2) of the Act requiring further information or a document to decide the application, the prescribed period is 100 days after the council receives the further information or document. 7 Prescribed day for application for renewal of accreditation—Act, s 83L For section 83L(2)(c) of the Act, the prescribed day for an application for the renewal of the accreditation of a nursing course is the day that is 7 months before the end of the period of accreditation for the course. Page 4 Reprint 1F effective 1 December 2009

Nursing Regulation 2005 Part 3 Miscellaneous [s 8] 8 Prescribed periods for inquiries into application for renewal of accreditation—Act, s 83M (1) For section 83M(2) of the Act, the prescribed period for giving a notice requiring further information or a document to decide an application for renewal of the accreditation of a nursing course is 100 days after the council receives the application. (2) For section 83M(3) of the Act, the prescribed period is 14 days. 9 Prescribed period for deciding application for renewal of accreditation—Act, s 83P (1) For section 83P of the Act, the prescribed period for deciding an application for the renewal of the accreditation of a nursing course is 100 days after the council receives the application. (2) However, if the council has given a notice under section 83M(2) of the Act requiring further information or a document to decide the application, the prescribed period is 100 days after the council receives the further information or document. 10 Show cause period—Act, s 83R For section 83R(3) of the Act, the prescribed period is 30 days. Part 3 Miscellaneous 11 Fees The fees payable under the Act are stated in the schedule. Reprint 1F effective 1 December 2009 Page 5

Nursing Regulation 2005 Part 3 Miscellaneous [s 12] 12 Waiver of fees The council may waive, wholly or partly, the payment of a fee by a person if the council is satisfied on reasonable grounds that payment of the fee would cause, or would be likely to cause, the person to suffer undue financial hardship. 13 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— (a) in the approved form; and (b) accompanied by the application fee stated in the schedule, unless the person is also applying for registration, enrolment or temporary registration. (3) Subsection (4) applies if the person— (a) is applying for authorisation to practise midwifery; and (b) is not— (i) a nurse; or (ii) also applying for registration, enrolment or temporary registration. (4) The application must be accompanied by the annual licence certificate fee payable under section 74(1) of the Act. (5) If an application mentioned in subsection (4) is refused, the council must immediately refund the annual licence certificate fee. 14 Payment period for annual licence certificate fee—Act, s 74 For section 74(3) of the Act, the prescribed period for payment of the annual licence certificate fee for renewal of an Page 6 Reprint 1F effective 1 December 2009

Nursing Regulation 2005 Part 3 Miscellaneous [s 15] annual licence certificate is the period starting on 1 April and ending on 30 June. 15 Badges (1) A badge issued to a person under section 61(1)(c) or 73(b) of the Act must— (a) state the words ‘Queensland Nursing Council’; and (b) show whether the person is a registered nurse or an enrolled nurse. (2) If a badge issued to a person is lost, stolen, destroyed or damaged in a way to require its replacement, the person must give the council a written notice as soon as practicable after becoming aware that the badge is lost, stolen, destroyed or damaged. Maximum penalty—1 penalty unit. (3) The council must issue the person with a replacement badge on payment of the fee for replacing the badge stated in the schedule. Reprint 1F effective 1 December 2009 Page 7

Nursing Regulation 2005 Schedule Schedule Fees sections 11, 13(2)(b) and 15(3) 1 Application fee for registration or enrolment (s 55(1)(c)(i) of the Act) . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Application fee for temporary registration (s 64(1)(b)(i) of the Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Application fee for authorisation to practise midwifery, mental health nursing or nursing in another area of nursing (s 13(2)(b)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Annual licence certificate fee (s 74(1) of the Act) . . . . . . 5 Fee to accompany application for restoration of registration or enrolment (s 72(3)(b) of the Act) . . . . . . . . 6 Restoration fee (s 74(5) of the Act) . . . . . . . . . . . . . . . . . . 7 Fee to accompany application for duplicate or certified copy of certificate of registration or enrolment (s 62(2) of the Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Replacement of badge (s 15(3)). . . . . . . . . . . . . . . . . . . . . $ 51.00 51.00 51.00 98.00 51.00 51.00 51.00 51.00 Page 8 Reprint 1F effective 1 December 2009

Endnotes Nursing Regulation 2005 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 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 December 2009. Future amendments of the Nursing Regulation 2005 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 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 Reprint 1F effective 1 December 2009 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 Page 9

Nursing Regulation 2005 Endnotes 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 1B 1C 1D 1E 1F Amendments included none 2006 SL No. 109 2007 SL No. 57 2008 SL No. 185 2009 SL No. 154 2009 SL No. 183 2009 Act No. 24 Effective 30 August 2005 1 July 2006 1 July 2007 1 July 2008 24 July 2009 1 September 2009 1 December 2009 Notes 5 List of legislation Nursing Regulation 2005 SL No. 193 made by the Governor in Council on 11 August 2005 notfd gaz 12 August 2005 pp 1297–1303 ss 1–2 commenced on date of notification remaining provisions commenced 30 August 2005 (see s 2) exp 1 September 2015 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Health Legislation Amendment Regulation (No. 4) 2006 SL No. 109 pts 1, 3 notfd gaz 2 June 2006 pp 572–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2006 (see s 2) Health Legislation Amendment Regulation (No. 2) 2007 SL No. 57 pts 1, 9 notfd gaz 20 April 2007 pp 1793–5 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2007 (see s 2) Health Legislation Amendment Regulation (No. 3) 2008 SL No. 185 ss 1–2(1), pt 6 notfd gaz 27 June 2008 pp 1268–78 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2008 (see s 2(1)) Page 10 Reprint 1F effective 1 December 2009

Nursing Regulation 2005 Endnotes Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 No. 24 ss 1–2, ch 7 pt 12 date of assent 26 June 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2009 (2009 SL No. 252) Health Legislation Amendment Regulation (No. 2) 2009 SL No. 154 s 1, pt 5 notfd gaz 24 July 2009 pp 1169–70 commenced on date of notification Uniform Civil Procedure (Fees) Regulation 2009 SL No. 183 ss 1–2, pt 6 div 4 notfd gaz 28 August 2009 pp 1491–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 2009 (see s 2) 6 List of annotations Witness allowance—Act, s 107 s 16 amd 2009 SL No. 183 s 30 om 2009 Act No. 24 s 1142 PART 4—REPEAL pt hdg om 2009 Act No. 24 s 1142 Repeal of by-laws s 17 om 2009 Act No. 24 s 1142 SCHEDULE—FEES amd 2006 SL No. 109 s 7 sub 2007 SL No. 57 s 21; 2008 SL No. 185 s 13; 2009 SL No. 154 s 11 © State of Queensland 2010 Reprint 1F effective 1 December 2009 Page 11