Week 5: Intro to Law and Professional Regulation Flashcards
Define
Legislation
Laws passed by a governing body, such as the parliament, that provide a legal framework for the practice of professions, including nursing and midwifery in Australia.
Define
Legal Accountability
The responsibility of nurses and midwives to act within the law, with legal consequences for failing to do so.
Define
Professional Standards
The guidelines and ethical principles that govern the behavior and practices of nurses and midwives, ensuring their actions are legally and professionally appropriate.
Define
Mental Health and Wellbeing Act 2022
An example of state-based legislation in Victoria that regulates mental health practices and ensures the wellbeing of individuals.
Define
Drugs, Poisons, and Controlled Substances Act
State legislation that regulates the control, prescription, and management of drugs and poisons, ensuring their safe use and distribution.
Define
Australian Legal System
The legal framework in Australia, which is based on laws inherited from England due to British colonization, including both parliamentary law and common law.
Define
Parliamentary Law (Legislation)
Laws passed by elected representatives in parliament, which apply at both state and federal levels in Australia.
Define
Common Law (Judge-Made Law)
Laws developed through judicial decisions in courts, based on precedents set by previous cases.
Define
Health Insurance Act
A federal law regulating health insurance, including the Medicare Benefit Scheme, which determines payment arrangements for medical services in Australia.
Define
Bill
A proposed piece of legislation that must pass through parliament before becoming law.
Define
Doctrine of Precedent
A principle in common law requiring judges to treat similar cases consistently, ensuring fairness and continuity in legal decisions.
Define
Court Hierarchy
The system of courts in Australia organized in levels, where different courts handle cases of varying severity.
Define
Supreme Court of Victoria
The highest state court in Victoria, handling the most severe criminal cases such as treason and murder.
Define
County Court
A mid-level court in Victoria dealing with a wide range of criminal offenses, including theft, fraud, and sexual offenses.
Define
Magistrates’ Court
The lowest level court in Victoria, handling less serious offenses, such as property damage.
Define
Children’s Court of Victoria
A specialized court in Victoria dealing with cases involving children and young people, including criminal matters and child protection.
Define
Coroners Court
A court that investigates reportable deaths, particularly relevant for healthcare professionals like nurses.
Define
Victorian Civil and Administrative Tribunal (VCAT)
A tribunal that resolves disputes in areas such as consumer issues, tenancy, property ownership, and government decisions in Victoria.
Define
National Registration and Accreditation Scheme (NRAS)
A national system established to ensure consistent professional standards for health practitioners across Australia, enabling them to practice nationwide.
Define
Aged Care Act 1997
Federal legislation that regulates the provision of residential aged care services in Australia, including quality standards and funding.
Define
Therapeutic Goods Act 1989
Federal legislation regulating the licensing, manufacture, and distribution of therapeutic goods in Australia, including products like vitamins and medicines.
Define
Australian Register of Therapeutic Goods
A list of therapeutic goods that are lawfully supplied in Australia, ensuring they meet regulatory standards.
Define
Australian Health Practitioner Regulation Agency (AHPRA)
The agency responsible for regulating health practitioners in Australia, ensuring they are suitably trained and qualified, managing registration, complaints, and overseeing the compliance of health practitioners with national standards.
Define
Nursing & Midwifery Board of Australia (NMBA)
The national board that oversees the professional standards, registration, and regulation of nurses and midwives in Australia, ensuring they meet required codes of conduct and practice standards.
Define
Unregulated Healthcare Workers
Healthcare workers who do not require registration with a regulatory authority, typically working in roles like personal care attendants, and do not need formal qualifications to practice.
Define
National Registration and Accreditation Scheme (National Scheme)
A national system that began in 2010 to standardize the registration and regulation of health professionals across Australia, ensuring consistent practice standards and public safety.
Define
Health Practitioner Regulation National Law (National Law)
Legislation enacted in each Australian state and territory that governs the National Scheme, ensuring the consistent regulation of health practitioners and public safety.
Define
National Boards
The regulatory bodies for each health profession under the National Scheme, supported by AHPRA, that set and enforce professional standards and oversee the registration of practitioners.
Define
Professional Standards
Guidelines and requirements defined by the NMBA that outline the practice, behavior, and ethical obligations of nurses and midwives in Australia.
Define
Code of Conduct for Nurses/Midwives
A set of principles and guidelines that all practicing nurses and midwives in Australia must follow, ensuring ethical and professional behavior in healthcare provision.
Define
Mandatory Reporting
A legal obligation under the National Law requiring health practitioners to report any notifiable conduct, such as impairment or misconduct, that may pose a risk to public safety.
Define
Voluntary Notification
A process under the National Law where concerns about a health practitioner’s conduct or behavior, that do not meet the threshold for mandatory reporting, can still be reported to protect public safety.
Define
Accreditation
The process by which educational institutions or programs are recognized as meeting specific standards necessary for the training of professionals.
Define
Scope of Practice
The range of responsibilities and activities that a professional is authorized to perform within their profession.
What is
Laws passed by a governing body, such as the parliament, that provide a legal framework for the practice of professions, including nursing and midwifery in Australia.
Legislation
What is
The responsibility of nurses and midwives to act within the law, with legal consequences for failing to do so.
Legal Accountability
What is
The guidelines and ethical principles that govern the behavior and practices of nurses and midwives, ensuring their actions are legally and professionally appropriate.
Professional Standards
What is
An example of state-based legislation in Victoria that regulates mental health practices and ensures the wellbeing of individuals.
Mental Health and Wellbeing Act 2022
What is
State legislation that regulates the control, prescription, and management of drugs and poisons, ensuring their safe use and distribution.
Drugs, Poisons, and Controlled Substances Act
What is
The legal framework in Australia, which is based on laws inherited from England due to British colonization, including both parliamentary law and common law.
Australian Legal System
What is
Laws passed by elected representatives in parliament, which apply at both state and federal levels in Australia.
Parliamentary Law (Legislation)
What is
Laws developed through judicial decisions in courts, based on precedents set by previous cases.
Common Law (Judge-Made Law)
What is
A federal law regulating health insurance, including the Medicare Benefit Scheme, which determines payment arrangements for medical services in Australia.
Health Insurance Act
What is
A proposed piece of legislation that must pass through parliament before becoming law.
Bill
What is
A principle in common law requiring judges to treat similar cases consistently, ensuring fairness and continuity in legal decisions.
Doctrine of Precedent
What is
The system of courts in Australia organized in levels, where different courts handle cases of varying severity.
Court Hierarchy
What is
The highest state court in Victoria, handling the most severe criminal cases such as treason and murder.
Supreme Court of Victoria
What is
A mid-level court in Victoria dealing with a wide range of criminal offenses, including theft, fraud, and sexual offenses.
County Court
What is
The lowest level court in Victoria, handling less serious offenses, such as property damage.
Magistrates’ Court
What is
A specialized court in Victoria dealing with cases involving children and young people, including criminal matters and child protection.
Children’s Court of Victoria
What is
A court that investigates reportable deaths, particularly relevant for healthcare professionals like nurses.
Coroners Court
What is
A tribunal that resolves disputes in areas such as consumer issues, tenancy, property ownership, and government decisions in Victoria.
Victorian Civil and Administrative Tribunal (VCAT)