Law and Ethics in Nursing Practice

Study Notes

Australian Legal System Overview

The cornerstone of the Australian legal system is the rule of law, ensuring that all individuals and institutions are accountable under the law.

Role of the Executive

The Executive branch is responsible for enforcing the laws and administering the government. It consists of the Prime Minister, ministers, and public servants.

Fundamental Principle

A fundamental principle of the Australian legal system is that justice should be accessible and equitable for all individuals, upholding fairness in legal proceedings.

Role of the Legislature

The Legislature, comprising the Parliament, makes and amends laws. It represents the electorate and provides a check on the Executive branch.

Presumption of Innocence

The presumption of innocence is a vital legal principle, meaning that a person is considered innocent until proven guilty, which safeguards individual rights and fairness in trials.

Distribution of Power

The separation of powers is the term used to describe the distribution of authority between the Legislature, Executive, and Judiciary, ensuring no single branch becomes too powerful.

Cabinet Characteristics

In the Westminster system, the Cabinet is composed of senior government ministers and is responsible for making key policy decisions and coordinating government activities.

Aim of Criminal Law

The primary aim of criminal law is to maintain public order and deter criminal behavior by defining offenses and prescribing punishments.

Source of Common Law

Common law originates from judicial decisions and precedents, developed through court rulings over time, forming a legal framework alongside statutory law.

Role of the Judiciary

The Judiciary interprets and applies the law, adjudicates disputes, and ensures justice is served. It acts independently to uphold the rule of law.

Significance of Precedent

Precedent in common law serves as a guiding principle, where past judicial decisions inform future cases, ensuring consistency and predictability in the law.

Difference Between Criminal Law and Civil Law

The primary difference is that criminal law deals with offenses against the state and prescribes punitive measures, while civil law addresses disputes between individuals, aiming for compensation or resolution.

Description

Test your understanding of the law and ethics in nursing practice, including the Australian legal system, Code of Ethics, and Registered Nurse Standards for Practice. Explore the impact of law and ethics on nursing practice and Catholic health services in Australia.