Law for Nurses and Midwives

1. Section 1

   
   
   • INTRODUCTION (1)
   • 1 AN INTRODUCTION TO THE LAW AND AUSTRALIA’S LEGAL SYSTEM (2)
     
     • Where does our law come from? (4)
     • The difference between criminal law and civil law (7)
     • Administrative structure of Australia’s legal and court system (12)
   • 2 THE RELATIONSHIP BETWEEN LAW AND ETHICS (18)
     
     • The application of law and ethics to practice (18)
     • Ethics: what it is (20)
     • Ethics: what it is not (20)
     • Major ethical theories (23)
   • 3 THE INTERNATIONAL CONFEDERATION OF MIDWIVES CODE OF ETHICS FOR MIDWIVES AND THE INTERNATIONAL COUNCIL OF NURSES CODE OF ETHICS FOR NURSES (30)
     
     • How does a code of ethics differ from a code of conduct? (31)
     • How do the ICM code and the ICN code compare with the NMBA codes of conduct for midwives and nurses respectively (2018)? (32)

2. Section 2 - COMMENCING AS A PROFESSIONAL (41)

   
   
   
   • 4 PROFESSIONAL REGULATION OF NURSES AND MIDWIVES (42)
     
     • Relevant legislation and structure of the scheme (42)
     • Principles of the national scheme (46)
     • The national registers (46)
     • The elements of professional regulation (49)
     • Codes of conduct and ethics and competency standards/standards for practice (51)
     • Endorsements under section 94 of the National Law (54)
     • Endorsement as a nurse practitioner under section 95 of the National Law (56)
   • 5 THE CONTRACT OF EMPLOYMENT INCLUDING WORKPLACE HEALTH AND SAFETY AND WORKERS COMPENSATION (67)
     
     • The contract of employment (67)
     • The creation of an industrial award or workplace agreement (69)
     • How the contract of employment is terminated (72)
     • The legal perspectives of workplace health and safety (74)
     • Workplace health and safety legislation (74)
     • Workers compensation (79)
     • Practical considerations and advice concerning workers compensation (85)
     • The employer's obligation to provide a safe system of work (86)

3. Section 3 - PROFESSIONAL PRACTICE (88)

   
   
   
   • 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) (89)
     
     • Why is consent important? (89)
     • Negligence must be distinguished (90)
     • What information is available to help professionals and patients? (93)
     • How may consent be given? (93)
     • What are the elements of a valid consent? (95)
     • The right to withhold consent to treatment (117)
     • The right to request assistance to end your life (121)
     • The right to restrain or detain patients without their consent (123)
   • 7 PROFESSIONAL NEGLIGENCE (130)
     
     • The development of common law principles in relation to allegations of professional negligence and legislative changes affecting them (130)
     • Professional negligence in a healthcare context (131)
     • The principle of duty of care as it applies to a nurse and midwife (131)
     • Second principle in civil action alleging professional negligence: determining the standard of care expected of health professionals (134)
     • Determining the standard of care expected of nurses and midwives (140)
     • Should a nurse or midwife question treatment or medication orders as part of the duty and standard of care (167)
     • 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 (170)
     • The awarding of compensation by the courts (175)
     • Defences to an action alleging professional negligence (176)
     • Vicarious liability (178)
     • Professional indemnity insurance requirements for health professionals, including nurses and midwives (183)
     • The employer's direct liability for negligent employees (184)
     • The nurse or midwife as a good samaritan (185)
     • Time limits or limitation periods for bringing a civil negligence claim (186)
     • Provisions of an apology within the context of potential civil liability for negligence (187)

4. Section 4 - NURSING PRACTICE (191)

   
   
   
   • 8 THE ADMINISTRATION OF DRUGS (192)
     
     • Examining the relevant regulations (196)
     • Problem areas with drugs (198)
     • Endorsements for administering medication under the new national registration scheme (202)
     • Criminal and professional issues relating to the administration of drugs (203)
   • 9 DOCUMENTATION AND CONFIDENTIALITY OF AND ACCESS TO PATIENT RECORDS (INCLUDING E-RECORDS, INCIDENT REPORTING AND OPEN DISCLOSURE) (205)
     
     • The role of clinical documentation in healthcare delivery (205)
     • Integrated record-keeping (209)
     • Reading the patients’ records (209)
     • The value of good records when used as evidence in court (209)
     • Documentation and report writing in an aged care facility (211)
     • E-health records and the Australian digital health agency (212)
     • Confidentiality of healthcare records (213)
     • Reporting and documenting adverse events and clinical incidents (216)
     • Open disclosure (219)

5. Section 5 - SPECIALISED AREAS OF PRACTICE (223)

   
   
   
   • 10 MENTAL HEALTH (224)
     
     • The establishment of principles governing mental health care and treatment in Australia (224)
     • The legislative framework for the provision and regulation of mental health care and treatment in Australia (226)
     • Overview of the mental health legislation of each state and territory (231)
     • Australian Capital Territory: Mental Health Act 2015 (232)
     • New South Wales: Mental Health Act 2007 (239)
     • Northern Territory: Mental Health and Related Services Act 1998 (incorporating amendments arising from Northern Territory Mental Health and Related Services Amendment Act 2007) (245)
     • Queensland: Mental Health Act 2016 (251)
     • South Australia: Mental Health Act 2009 (257)
     • Tasmania: Mental Health Act 2013 (263)
     • Victoria: Mental Health Act 2014 (268)
     • Western Australia: Mental Health Act 2014 (273)
   • 11 CORONIAL JURISDICTION (283)
     
     • The role of the coroner in Australia’s legal system (283)
     • The coroner’s court structure in Australia (283)
     • A coroner’s court inquest (286)
     • The relevance of a coroner's inquest for nurses and midwives (288(
   • 12 HUMAN TISSUE TRANSPLANTATION (293)
     
     • History and background of human tissue transplantation and research (293)
     • The development of law in relation to the use of human tissue (295)
     • Ongoing difficulties with organ donation (302)

INDEX (309)