Monash University NUR1113 Week 5 PDF

N/M practice in accordance with the legislation in Aus which underpins the relationship with patients and the scope of practice. E.g. obtaining consent and adhering to relevant laws such as the Mental Health and Wellbeing act; Drug poison act. ...

N/M practice in accordance with the legislation in Aus which underpins the relationship with patients and the scope of practice. E.g. obtaining consent and adhering to relevant laws such as the Mental Health and Wellbeing act; Drug poison act.  In 1901, there are concurrent parliamentary systems in each state, which all had different lawmaking powers which can cause confusion. The Commonwealth Parliament then shared lawmaking with the states and territories, which resulted in two key sources of law: legislation and common law. The law is the product of societal values. The Aus legal system is the result of British colonization. Doctrine of Precedent: judges need to treat all like cases similarly Prior to an act becoming a law, an item of legislation known as a bill will be passed through state (hence state based Act) --> a rule set out by the court in the past; law builds on each previous decision. and federal parliaments (Federal) The hierarchy of court determines which types of cases are heard in each court: Supreme court of Vic: -> The most severe cases in Vic: murder, treason and other major criminal matters Country court of Vic: --> less severe cases such as theft, armed robbery, drug trafficking, sexual offences, fraud, dishonesty, driving offences --> All trials in the country court and heard by a judge and jury Magistrate court of Vic: -> Deals with most legal disputes in Vic --> less serious charges such as property damage Children's court of Vic: --> Specialist court with a family division and criminal division --> has jurisdiction to hear and determine cases involving children and young people including criminal matters, child protection & intervention orders. Coroner's court: --> Investigate all reportable deaths or reviewable deaths --> nurses relev VCAT (Victorian Civil and Administrative Tribunal) --> Typically resolves disputes --> The civil division that deals with consumer matters, retail, tenancy disputes; sales and ownership of property --> The administrative division deals with application from people seeking review of gov decisions (such as the Transport and Accident Commission, state taxation or freedom of information applications) which might affect them --> The Residential Tenancies Division deals with issues related to property disputes between landlords and tenants --> The Human Right Division deals with issues related to guardianship, administration and equal opportunity or any decisions made by the Mental Health Review Tribunal Parliaments develop acts. In 2008, the Council of Australian Governments signed the Intergovernmental Agreement for a National Registration and Accreditation Scheme for the Health Professions (NRAS) The agreement is to establish a single national scheme for registered health practitioners. The NRAS ensures that all regulated health professionals are registered against consistent, high quality national professional standards and can practice across state and territory borders without reregister in each jurisdiction. Under the national law, the objectives of NRAS are: - to provide for the protection of the public by ensuring that only practitioners who are suitably trained and qualified to practice in a competent and ethical manners are registered - to facilitate workforce mobility across Aus and reduce red type for practitioners. - to facilitate the provision of high-quality education and training as well as rigorous and responsive assessment of overseas trained practitioners - have regard to the public interest in promoting access to health services - have regard to the need to enable toe continuous development of a flexible, responsive and sustainable Australian health workforce and enable innovation in education and service delivery  State and fed laws often intersect --> example in Aged Care: The regulation of health care practitioners is a state responsibility --> each state has to act legislation at the same time to ensure consistency across all states The regulation of drugs and poisons in under both federal and state jurisdictions. The Mental Health Legislation: - In Victoria, mental illness is defined under the Mental Health and Wellbeing Act 2022 (Vic) as ‘a medical condition that is Therapeutic substance is any product that is prevention, diagnosis, cure and alleviation of disease (including vitamins and minerals) characterized by a significant disturbance of thought, mood, perception or memory’, Mental Health and Wellbeing Act 2022 (Vic). -> these are all managed with licensing to ensure compliance with international standards - Historically, people with mental disorders received less than optimal care and were often institutionalized against their will, with The Australian Register of Therapeutic Goods is a register of therapeutic goods that can be lawfully supplied in Aus treatment forced upon them and with no consideration of their rights or dignity. This was related to the stigma and lack of understanding Narcotics and illicit narcotics require a manufacture permit to ensure standards for safety and manufacture of mental disorders, and legislation that did not focus on the person and their own recovery and the lack of safeguards to protect the person and their rights. - Today 1 in 5 Australians have or may develop some form of a mental disorder in their lifetime and are often treated voluntarily in the community. Where a person requires treatment but may not have the capacity to consent to treatment, under the Mental Health and Wellbeing Act 2022 (Vic) the person can receive treatment in the most least restrictive way possible that is supportive of their needs and choice. The state is responsible for the criminal aspects or misuse of drugs; determining valid prescriptions, storage requirements and recordkeeping State legislation (Victoria): - Victorian State Act: Drugs Poisons and Controlled Substances Act 1981 (VIC) - Delegate Legislation: Drugs Poisons and Controlled Substances Regulations 2017 (VIC) --> diff state has diff legislation, all have similar requirements and obligations to ensure valid prescriptions, storage requirements and recordkeeping.