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1

Application to practice

Consent
Trespass to the person
Common Law & Negligence
Regulation of Health Practitioners
(All levels of nurses)

2

Consent

Patient autonomy recognised in law
➢ Consent before treatment of any kind is
required
➢ Blanket consent is not assumed by attending
hospital

3

Consent criteria

Consent criteria – voluntary, specific & agreed
by competent person
➢ Consent in an emergency
➢ Refusal of treatment

4

Trespass to the person

➢ Assault – threat of unwanted physical contact
➢ Battery – actual contact
➢ False imprisonment
▪ Patient prevented leaving hospital
▪ Patient restrained in a chair
▪ Restraint should be least restrictive

5

Common Law & Negligence

Negligence associated with
➢ Common law
➢ Standards of practice

6

Regulation of Health Practitioners
(All levels of nurses)

➢ The Australian Health Practitioner Regulation
Agency (AHPRA) through the Nursing and
Midwifery Board of Australia (NMBA) regulates
the standards of care & authority to practice
for nurses
➢ NSW and WA retain powers to manage
complaints about health professionals’ health
performance and minor conduct issues (not
criminal conduct)

7

Australian Health Professional
Regulation Agency (AHPRA)
Sets registration standards for nurses
along with 12 other health professions:

 Criminal history
 English language skills
 Continuing professional development
 Recency of practice
 Professional indemnity insurance

8

Nursing and Midwifery Board
of Australia (NMBA)
Sets professional standards

 Registered Nurse Standards for Practice (2016)
 Code of Conduct for Nurses (2018)
 Code of Ethics adopted from the International
Council Of Nurses (2012)

9

Nursing and Midwifery Board
of Australia (NMBA)
 Provides guidelines on how

to meet your
obligations under the National Law on Social Media

10

The Health Practitioner
Regulation National Law
OBJECTIVES

 Public safety
 Workforce mobility
 High quality education & training
 Assessment of overseas qualified practitioners
 Development of a flexible health workforce

11

Requirements of Practice
Nurses must practice within the following
professional codes or legal framework

1. Australian Law ✓
2. Code of Professional Conduct for Nurses in
Australia
3. A Nurse’s Guide to Professional Boundaries
4. Code of Ethics for Nurses in Australia