Law for Nurses and Midwives

Section 1 INTRODUCTION
1 AN INTRODUCTION TO THE LAW AND AUSTRALIA’S LEGAL SYSTEM
Where does our law come from?
The difference between criminal law and civil law
Administrative structure of Australia’s legal and court system

2 THE RELATIONSHIP BETWEEN LAW AND ETHICS
The application of law and ethics to practice
Ethics: what it is
Ethics: what it is not
Major ethical theories

3 THE INTERNATIONAL CONFEDERATION OF MIDWIVES CODE OF ETHICS FOR MIDWIVES AND THE INTERNATIONAL COUNCIL OF NURSES CODE OF ETHICS FOR NURSES
How does a code of ethics differ from a code of conduct?
How do the ICM code and the ICN code compare with the NMBA codes of conduct for midwives and nurses respectively (2018)

Section 2 - COMMENCING AS A PROFESSIONAL
4 PROFESSIONAL REGULATION OF NURSES AND MIDWIVES
Relevant legislation and structure of the scheme
Principles of the national scheme
The national registers
The elements of professional regulation
Codes of conduct and ethics and competency standards/standards for practice Endorsements under section 94 of the National Law
Endorsement as a nurse practitioner under section 95 of the National Law

5 THE CONTRACT OF EMPLOYMENT INCLUDING WORKPLACE HEALTH AND SAFETY AND WORKERS COMPENSATION
The contract of employment
The creation of an industrial award or workplace agreement
How the contract of employment is terminated
The legal perspectives of workplace health and safety
Workplace health and safety legislation
Workers compensation
Practical considerations and advice concerning workers compensation
The employers obligation to provide a safe system of work

Section 3 - PROFESSIONAL PRACTICE
6 CONSENT TO TREATMENT (INCLUDING THE RIGHT TO WITHHOLD CONSENT, END-OF-LIFE PLANNING, NOT FOR RESUSCITATION ORDERS, AND THE RIGHT TO DETAIN AND RESTRAIN PATIENTS WITHOUT THEIR CONSENT)
Why is consent important?
Negligence must be distinguished
What information is available to help professionals and patients?
How may consent be given?
What are the elements of a valid consent?
The right to withhold consent to treatment
The right to request assistance to end your life
The right to restrain or detain patients without their consent

7 PROFESSIONAL NEGLIGENCE
The development of common law principles in relation to allegations of professional negligence and legislative changes affecting them
Professional negligence in a healthcare context
The principle of duty of care as it applies to a nurse and midwife
Second principle in civil action alleging professional negligence: determining the standard of care expected of health professionals
Determining the standard of care expected of nurses and midwives
Should a nurse or midwife question treatment or medication orders as part of the duty and standard of care
Third and fourth principle in civil action alleging professional negligence: damage suffered and the principle of causation and the scope of liability for negligent acts
The awarding of compensation by the courts
Defences to an action alleging professional negligence
Vicarious liability
Professional indemnity insurance requirements for health professionals, including nurses and midwives
The employers direct liability for negligent employees
The nurse or midwife as a good samaritan
Time limits or limitation periods for bringing a civil negligence claim
Provisions of an apology within the context of potential civil liability for negligence

Section 4 - NURSING PRACTICE
8 THE ADMINISTRATION OF DRUGS
Examining the relevant regulations
Problem areas with drugs
Endorsements for administering medication under the new national registration scheme
Criminal and professional issues relating to the administration of drugs

9 DOCUMENTATION AND CONFIDENTIALITY OF AND ACCESS TO PATIENT RECORDS (INCLUDING E-RECORDS, INCIDENT REPORTING AND OPEN DISCLOSURE)
The role of clinical documentation in healthcare delivery
Integrated record-keeping
Reading the patients’ records
The value of good records when used as evidence in court
Documentation and report writing in an aged care facility
E-health records and the Australian digital health agency
Confidentiality of healthcare records
Reporting and documenting adverse events and clinical incidents
Open disclosure

Section 5 - SPECIALISED AREAS OF PRACTICE
10 MENTAL HEALTH
The establishment of principles governing mental health care and treatment in Australia
The legislative framework for the provision and regulation of mental health care and treatment in Australia
Overview of the mental health legislation of each state and territory
Australian Capital Territory: Mental Health Act 2015
New South Wales: Mental Health Act 2007
Northern Territory: Mental Health and Related Services Act 1998 (incorporating amendments arising from Northern Territory Mental Health and Related Services Amendment Act 2007)
Queensland: Mental Health Act 2016
South Australia: Mental Health Act 2009
Tasmania: Mental Health Act 2013
Victoria: Mental Health Act 2014
Western Australia: Mental Health Act 2014

11 CORONIAL JURISDICTION
The role of the coroner in Australia’s legal system
????The coroner’s court structure in Australia
A coroner’s court inquest
The relevance of a coroners inquest for nurses and midwives

12 HUMAN TISSUE TRANSPLANTATION
History and background of human tissue transplantation and research
The development of law in relation to the use of human tissue
Ongoing difficulties with organ donation