Legal Understanding for Nurses & Midwives

Study Notes

Nurses and midwives need legal understanding to ensure legal and professional accountability for their actions.
Legal framework underpins the relationship between nurses/midwives and patients.

Law is a set of socially sanctioned rules and principles.
The law is influenced by the history and values of the society in which it operates.
It can bestow specific power on individuals or groups.
It regulates people's actions and enforces sanctions for those who fail to meet legal requirements.

The Commonwealth of Australia Constitution Act (Cth) established a federal government in 1901.
Power is shared between the Commonwealth and state/territories.
The Constitution establishes the three main branches of government:
- Executive (Governor-General + ministers)
- Parliament (legislature)
- The Court (judiciary)
Two key sources of law are:
- Legislation (parliamentary law): passed at state and federal levels.
- Common law (‘Judge made law’): judges decide on cases and develop common law principles ('precedents').

Parliament enacts legislation (Acts or statutes).
An Act is passed by parliament after being elected by the people, and it is considered the primary source of law.
Examples of Australian laws:
- State-based Act: Mental Health and Wellbeing Act 2022 (Vic)
- Federal: Health Insurance Act 1973 (Cth)

The body of law developed by judges through court cases.
Based on the Doctrine of Precedent (‘like cases treated similarly’).
Common law applies in the absence of specific statutory law (e.g., law of consent to treatment in Victoria).

State and Federal Parliaments develop and enact health policies, Acts, and Statutes.
The Health Practitioner Regulation National Law Act 2009 is a key example.
All states have their own acts, based on the Queensland Act.
Victoria's Act is the Health Practitioner Regulation National Law (Victoria) Act 2009.

Federal Government is responsible for aged care services, including quality of care standards and funding.
Aged Care Act 1997 regulates the sector.
States regulate acute care and associated services for the aged, including hospital-in-the-home programs and community nursing services.

Therapeutic Goods Act 1989 regulates licensing, manufacturing, and distribution of therapeutic substances.
The Australian Register of Therapeutic Goods and Poisons Standard are key resources.
The Narcotic Drugs Act 1967 monitors the use and supply of narcotics, as a result of international agreements.