Australian Law

Question 1

What are the three principal institutions in the Australian Government?

Answer 1

• Parliament
• Executive government (prime minister and cabinet)
• Judiciary

Question 2

What is the top tier of the court system?

Answer 2

High court

Question 3

What are the six instances when patient information may be disclosed?

Answer 3

1. When the patient consents
2. The information does not identify the patient (eg. in research when de-identified)
3. To other health professional who are responsible for the patient’s treatment (‘need to know’ basis)
4. When required by legislation (Child abuse, child protection, reportable deaths, infectious diseases, ill health of health professional, births and deaths notifications, blood and drug tests)
5. In the course of court proceedings
6. When in the public interest (necessary to prevent harm)

Question 4

What is the difference between privacy and confidentiality?

Answer 4

Privacy is the collection, storage and handling of personal information, whilst confidentiality is disclosing or communication of personal information to others.

• Confidentiality is governed by common law and exists to limit the access to information discussed between people. It may be broken in certain circumstances without repercussions.
• Privacy is governed by the Privacy Act 1988 (Cth) and exists to protect people’s right to their own information, as well as to ensure that they have some control over how it is collected, used and distributed.

Question 5

Which Act regulates the nursing profession under the national scheme?

Answer 5

The Health Practitioner Regulation National Law Act (Vic) 2009

Question 6

What is the purpose of the The Health Practitioner Regulation National Law Act (Vic) 2009?

Answer 6

• The primary purpose is to protect the public and maintain professional standards of practice.
• To facilitate the development & implementation of a national registration & accreditation scheme for health practitioners.

Question 7

What is the difference between a regulatory authority and a professional organisation?

Answer 7

A regulatory authority regulates the profession by conferring registration and develop codes and guidelines to maintain practice standards.

A professional organisation provides networking and continuing education opportunities for health professionals.

Question 8

What are some functions of the Nursing and Midwifery Board of Australia?

Answer 8

1. registering nursing and midwifery practitioners and students
2. developing standards, competencies, codes and guidelines for the nursing and midwifery profession
3. handling notifications, complaints, investigations and disciplinary hearings
4. assessing overseas trained practitioners who wish to practise in Australia
5. approving accreditation standards and accredited courses of study – the Board have given the Australian Nursing & Midwifery Accreditation Council (ANMAC) the role to approve courses.

Question 9

What are the four elements of professional regulation?

Answer 9

• Registration
• Codes & Guidelines
• Accreditation
• Complaints and Notification

Question 10

What is the difference between unprofessional conduct and professional misconduct?

Answer 10

Unprofessional Conduct:

• Breach of a registration condition/undertaking
• Providing excessive health services that are unnecessary or not required
• Accepting a benefit as an inducement
• Conviction for an offence, which may be seen to affect the suitability of the practitioner to continue to practice

Professional Misconduct:

• Conduct that is substantially below the standard reasonably expected of a registered Health Practitioner
• More than one instance of unprofessional conduct
• Not a fit and proper person

Question 11

What constitutes notifiable conduct?

Answer 11

Notifiable conduct is anything that deviates from accepted professional standards, including but not limited to intoxication by drugs/alcohol, engagement in sexual misconduct or impairment that places the public at risk.

Question 12

What could be possible outcome/s of a disciplinary action as a result of a professional misconduct?

Answer 12

Undertakings: An undertaking means that the practitioner agrees to do, or to not do something in relation to their profession.

Conditions: A condition restricts a practitioner’s practice in some way.

Caution: Like a written warning, a caution is intended to act as a deterrent so that the practitioner does not repeat the conduct or behaviour.

Suspension: If a practitioner’s registration is suspended, they cannot practise their profession unless the suspension is revoked.

Reprimand: A reprimand is a formal way of rebuking or expressing disapproval to a practitioner for something they have done.

Cancellation of registration: If a health practitioner has their registration cancelled, they are forbidden from practising the profession or working in any way as a health practitioner in that profession in all Australian states and territories.

Question 13

Why do students studying a health-related degree need to be registered?

Answer 13

Students will be in a clinical environment during placement and therefore may pose a risk to public safety. Registration means the National Boards are able to act on student impairment matters or convictions.