Introduction to Australian Law in Nursing & Midwifery PDF

Introduction to Law in Nursing and Midwifery NUR1113 Acknowledgement of Country. Monash University recognises that its Australian campuses are located on the unceded lands of the Kulin nations, and pays its respects to their Elders, past and present.  CONTENT WARNING In nursing we often find ours...

Introduction to Law in Nursing and Midwifery NUR1113 Acknowledgement of Country. Monash University recognises that its Australian campuses are located on the unceded lands of the Kulin nations, and pays its respects to their Elders, past and present.  CONTENT WARNING In nursing we often find ourselves confronted with sensitive and confronting situations with our patients in the course of our care to patients. These are often distressing no matter how prepared a person may feel. Whilst not our intention to do so, some of the content and or discussion in this tutorial may be of a sensitive nature and confronting to some of you. Please let your lecturer know if you need to leave the tutorial/activity and make sure that you contact us after the tutorial via email [email protected] so as to ensure your welfare. If this is not done, you may receive a welfare call. Counselling is available if you need it from https://www.monash.edu/health/counselling Why do nurses & midwives need an understanding of law? In order to practise within legislation 🡪 underpins our relationship with patients You will be legally and professionally accountable for your actions https://images.app.goo.gl/NFGX5oJdnT6D6gmc6 Law as a product of societal values The law Represents a set of socially sanctioned rules and principles Is generated & influenced by the history & values of the society in which it operates Can bestow specific power on individuals or groups Regulates people’s actions & apply sanctions for those who fail to meet legal expectations or requirements The Australian legal system Federation in 1901 🡪 Commonwealth of Australia Constitution Act (Cth) established a Commonwealth Parliament 🡪 resulted in sharing of powers between the Commonwealth and states/territories The (Cth) Constitution establishes 3 principal institutions of Australian Government Executive (Gov. General + ministers) Parliament (legislature) The Courts (judiciary) Two key sources of law Legislation (parliamentary law): passed at state & federal level Common law (‘Judge made law’: judges decide on cases brought to the court and develop common law principles known as ‘precedents’ https://images.app.goo.gl/b1xcB3Zkcuct4DCS6 Legislation (parliamentary law) One function of parliament (state, territory and federal) is to enact legislation (Acts or statutes) An Act is elected by the people and passed by parliament 🡪 this is considered to be the primary source of law Many different laws in Australia State based Act: Mental Health and Wellbeing Act 2022 (Vic) Federal: Health Insurance Act 1973 (Cth) Common Law (Judge Made) Is the accumulated body of law made by judges as a result of decisions of court cases Application of the Doctrine of Precedent (‘like cases treated similarly’) Common law applies where there is no specific statutory law (e.g. law of consent to treatment in Victoria) Which law applies? Common law applies when there is no specific statutory law Parliamentary law overrides common law (sometimes inconsistent where common law and parliamentary law apply together e.g. medication use/storage/administration) Federal law overrides state law to the extent of any inconsistency Court hierarchy Law in Healthcare Delivery Law in healthcare delivery State and Federal Parliaments develop/enact Policy/ Acts/Statutes Health Practitioner Regulation National Law Act 2009 Queensland was the Lead state All state legislation follows the Queensland Act. Victoria’s Act is Health Practitioner Regulation National Law (Victoria) Act 2009 National Law – Each state has their own Act but they are the same They all relate back to the Health Practitioner Regulation National Law (Queensland) Law in Aged care delivery Aged Care Federal The Federal Government is responsible for the provision of residential aged care services. This includes regulation for quality of care standards and funding under the Aged Care Act 1997 Directly regulate aged care, professional practice and provide funds for acute care services via the states States Regulate acute Care and Associated services for the aged Hospital in the home (HITH) Bolton Clark /Royal District Nursing Service (RDNS) The regulation of drugs and poisons Federal Legislation Therapeutic Goods Act 1989 Regulates the licensing, manufacturing and distribution of therapeutic substances. Australian Register of Therapeutic Goods Poisons Standard February 2022 Narcotic Drugs Act 1967 due to an international convention the Australian government signed Monitors the use and supply of illicit narcotics. Please make a note of any questions and bring them to the tutorial workshop. If you cannot attend the tutorial workshop, please post to the forum. st to the forum. te of any questions and bring them to the tutorial workshop. If you cannot attend the tutorial workshop, please post to the forum. 16