lect4b

Question 1

Application to practice

Answer 1

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

Question 2

Consent

Answer 2

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

Question 3

Consent criteria

Answer 3

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

Question 4

Trespass to the person

Answer 4

➢ 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

Question 5

Common Law & Negligence

Answer 5

Negligence associated with
➢ Common law
➢ Standards of practice

Question 6

Regulation of Health Practitioners

All levels of nurses

Answer 6

➢ 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)

Question 7

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

Answer 7

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

Question 8

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

Answer 8

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

Question 9

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

Answer 9

to meet your

obligations under the National Law on Social Media

Question 10

The Health Practitioner
Regulation National Law
OBJECTIVES

Answer 10

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

Question 11

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

Answer 11

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