Nurses Act 1992

Nurses Rules 1993

Reprint 2: The rules as at 13 January 2006


Guide for using this reprint

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Endnotes, Compilation table, and Table of provisions that have not come into operation

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Notes amongst text (italicised and within square brackets)

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removed (because it was repealed or deleted from the law); or

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2.The information in the reprint is current on the date shown as the date as at which the rules are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.

 

 

 

Reprinted under the Reprints Act 1984 as

at 13 January 2006

Nurses Rules 1993

CONTENTS

Part 1 — Preliminary

1.Citation1

2.Commencement1

Part 2 — Registration

Division 1 — Applications for registration

3.Applications by natural persons2

4.Evidence for registration of natural persons2

5.Applications by bodies corporate3

6.Evidence for registration of bodies corporate4

7.Application fees4

8.Failure to notify Board of change in particulars an offence5

Division 2 — Registration

9.Registration fees5

10.Certificates of registration6

11.Period for which registration has effect6

Division 3 — Renewal of registration

12.Renewal of registration6

13.Application for renewal of registration7

14.Fee for renewal of registration7

15.Practising certificate8

Division 4 — Restoration to the register

16.Application after voluntary removal or lapse8

17.Application after being struck off8

Part 3 — The register

18.Inspection times10

19.Inspection fee10

20.Division 2 nursing specialities10

21.Certificate verifying registration10

Part 4 — Disciplinary proceedings

22.Interpretation11

23.Making a complaint11

24.Qualifications to investigate matters11

25.Option of allegation being made to the State Administrative Tribunal12

27.Adjournment etc. of hearings12

Part 5 — Advertising

28.Restriction on advertising13

29.Registered name to be used13

Part 6 — Schools of nursing (transitional)

30.Interpretation14

31.Approval to examine on Board’s behalf14

32.Instruction at schools of nursing14

33.Conduct of courses15

34.Records to be kept by schools of nursing15

35.Supervision of education at schools of nursing16

36.Requirement for admission to school of nursing for midwives16

37.Enquiries as to examinations16

38.Examination fees16

Part 7 — Miscellaneous

39.Fees may be reduced, waived or refunded17

40.Miscellaneous fees17

41.Evidentiary certificate17

42.Criteria for registration under Nurses Act 196817

Schedule 1

Schedule 2 — Fees

Notes

Compilation table38

Defined Terms

 

 

Crest

Reprinted under the Reprints Act 1984 as

at 13 January 2006

Nurses Act 1992

Nurses Rules 1993

Part 1  Preliminary

1.Citation

These rules may be cited as the Nurses Rules 1993 1.

2.Commencement

These rules come into operation on the day on which the Nurses Act 1992 comes into operation 1.

Part 2 — Registration

Division 1 — Applications for registration

3.Applications by natural persons

(1)An application under section 22(1) or (3) of the Act for registration as a nurse or an application under section 22A(1) of the Act for registration as a nurse practitioner, is to be in a form approved by the Board.

(2)An application under section 25 of the Act for honorary registration as a nurse is to be in the form of Form 1 in Schedule 1.

[Rule 3 amended in Gazette 29 Aug 2003 p. 3839.]

4.Evidence for registration of natural persons

(1)An application under section 22(1) or (3) of the Act is to be accompanied by evidence of the following —

(a)the applicant’s identity;

(b)the date and place of the applicant’s birth;

(c)any registration in another State or country, of the applicant as a nurse, and if such registration is no longer current, the reason for the registration not being current;

(d)the applicant’s not having been refused registration as a nurse in any State or country;

(e)the educational qualifications that entitle the applicant to registration and that the qualifications have effect at the time of the application;

(f)any period of the applicant’s practice as a nurse;

(g)details of any finding that the applicant has been found guilty of unethical conduct as a nurse or subjected to any disciplinary action by a tribunal or a body or authority legally constituted to discipline nurses;

(h)the applicant’s not having been convicted of any offence the nature of which renders the applicant unfit to practise as a nurse;

(i)the applicant’s not being dependent on alcohol or any other drug to the extent that the applicant’s ability to practise as a nurse is affected; and

(j)the applicant’s not suffering from any mental or physical disorder relevant to the applicant’s ability to practise as a nurse.

(1a)An application under section 22A(1) of the Act is to be accompanied by —

(a)the evidence required under subsection (1), unless the applicant is already registered as a nurse in division 1 of the register under section 22 of the Act; and

(b)evidence of the person’s approved educational qualification as defined in section 23 of the Act.

(2)An application under section 25 of the Act for honorary registration as a nurse is to be accompanied by evidence of the applicant’s identity.

[Rule 4 amended in Gazette 29 Aug 2003 p. 3840; 30 Dec 2004 p. 6986.]

5.Applications by bodies corporate

(1)An application under section 24 of the Act for registration as a nurse is to be in a form approved by the Board.

(2)An application referred to in subrule (1) is to be accompanied by —

(a)a copy of the body corporate’s certificate of incorporation;

(b)a copy of the body corporate’s memorandum and articles of association;

(c)if the body corporate uses or proposes to use a business name, a copy of the registration of the business name or evidence of the reservation of that name;

(d)if any person who is a director or officer of the body corporate but is not a nurse, 2 references as to the character of each such person; and

(e)where any shares in the body corporate are held by a person who is not a nurse, on behalf of another person, a copy of the trust deed setting out the terms of the trust.

6.Evidence for registration of bodies corporate

An application under section 24 of the Act for registration as a nurse is to be accompanied by evidence of the following —

(a)the name, registered office and place (or places) of business;

(b)the names and addresses of the members of the body corporate who are nurses, and their registration;

(c)in relation to the members of the body corporate who are not nurses —

(i)the identity and address of each such member;

(ii)the good character of each such member by 2 written character references for each member;

(iii)on whose behalf each such member’s shares are held;

(d)the name of the body corporate’s principal executive officer;

(e)the name of the nurse in whom control of the body corporate’s affairs is vested; and

(f)the fulfilment of the requirements referred to in clauses 1 to 7 of Schedule 2 to the Act.

7.Application fees

(1)For the purposes of sections 25 and 29 of the Act —

(a)the fee for an application under section 22(1) of the Act by a person whose education qualifications were obtained in Western Australia is the fee set out in item 1 of Schedule 2;

(b)the fee for an application under section 22(1) of the Act by a person whose education qualifications were obtained outside Western Australia, but who is not eligible to apply for registration under section 22(3), is the fee set out in item 1A of Schedule 2;

(c)the fee for an application under section 22(3) of the Act is the fee set out in item 1B of Schedule 2; and

(d)the fee for an application under section 22A, 24 or 25 of the Act is the fee set out in relation to the respective section in item 1C of Schedule 2.

(2)In subrule (1), education qualifications means the education qualifications referred to in rule 4(1)(e).

[Rule 7 inserted in Gazette 16 Apr 2004 p. 1210-11.]

8.Failure to notify Board of change in particulars an offence

Where a natural person or a body corporate has applied to be registered as a nurse and a change occurs before the applicant is registered by which any particular in the form of application or any document or other evidence accompanying the application is rendered inaccurate or misleading, the natural person, or in the case of a body corporate, the principal executive officer of the body corporate, is to cause the Board to be notified of the change within 7 days of the occurrence of the change.

Penalty: $1 000.

Division 2 — Registration

9.Registration fees

(1)For the purposes of sections 25(1), 26(1) and (2), 27 and 31 of the Act, the registration fee is that set out in item 2 of Schedule 2 corresponding to the section of the Act under which the applicant is registered.

(2)The Board may reduce the registration fee in relation to sections 25(1), 26(1) and (2) and 27 of the Act by the amount of the application fee paid by the applicant.

10.Certificates of registration

The Board is to issue to a person registered —

(a)under section 22 of the Act in division 1 or 2 of the register;

(aa)under section 22A of the Act in division 1 of the register;

(b)under section 24 of the Act in division 3 of the register;

(c)under section 25 of the Act in division 4 of the register;

(d)under section 26 of the Act in division 5 of the register; or

(e)under section 27 of the Act in division 6 of the register,

a certificate of registration in the form of Form 2, 2A, 3, 4, 5, 6 or 7 in Schedule 1, as the case requires.

[Rule 10 amended in Gazette 29 Aug 2003 p. 3840.]

11.Period for which registration has effect

For the purposes of section 36(1) of the Act, a certificate of registration for a person registered under section 22, 22A or 24 of the Act has effect until 31 December of the year in which the certificate was issued.

[Rule 11 amended in Gazette 29 Aug 2003 p. 3840.]

Division 3 — Renewal of registration

12.Renewal of registration

(1)For the purposes of section 32(1) of the Act, a nurse registered under section 22, 22A or 24 of the Act may apply to have the registration renewed —

(a)for a period of a year; or

(b)for a period of 3 years.

(2)An application for a registration to be renewed for 3 years may be granted as a renewal for one year (and the fee reduced accordingly) if the Board considers that the granting of the renewal for 3 years is not appropriate in the particular circumstances.

[Rule 12 inserted in Gazette 4 May 2001 p. 2242; amended in Gazette 29 Aug 2003 p. 3840.]

13.Application for renewal of registration

(1)An application for the renewal of a nurse’s registration is to be —

(a)in a form approved by the Board; and

(b)made to the Registrar up to 3 months before the nurse’s current certificate of registration is due to expire, or such further time as the Board allows.

(2)If an applicant under subrule (1) has not practised nursing within the immediate past 5 years, the Board may require the applicant to complete a course or program that the Board considers to be appropriate, and by way of considering the application, take into account the course or program coordinator’s statement as to whether or not the applicant has satisfactorily completed the course or program.

[Rule 13 amended in Gazette 14 Oct 1997 p. 5694; 4 May 2001 p. 2242.]

14.Fee for renewal of registration

(1)For the purposes of sections 25(3)(b) and 32(1) of the Act, the fee for the renewal of registration is set out in item 3 of Schedule 2 corresponding to the section of the Act under which the applicant’s name is registered.

(2)The fee set out in Schedule 2 item 3 for renewal of registration under section 22A of the Act for a particular period is to be reduced by any amount paid for renewal of registration under section 22(1) or (3) of the Act for the same period.

[Rule 14 amended in Gazette 29 Aug 2003 p. 3840.]

15.Practising certificate

(1)Where a person’s registration as a nurse is renewed, the Registrar is to issue the person with a certificate in a form approved by the Board.

(2)A certificate referred to in subrule (1) has effect for the period stated in the certificate.

[Rule 15 amended in Gazette 4 May 2001 p. 2242.]

Division 4 — Restoration to the register

16.Application after voluntary removal or lapse

(1)A person whose name has been removed from the register under section 37 or 41(2) of the Act and who wishes to apply for the restoration of the person’s name to the register is to do so in the form of Form 8 in Schedule 1 if a natural person, or Form 9 if a body corporate.

(2)For the purposes of section 42(2) of the Act, the fee for the application is set out in item 4 of Schedule 2.

17.Application after being struck off

(1)A person whose name has been removed from the register under section 69 of the Act and who wishes to apply for the restoration of the person’s name to the register —

(a)is to do so in the form of Form 8 in Schedule 1 if a natural person, or Form 9 if a body corporate;

(b)is to provide a written statement as to why the person believes that the person’s name should be restored to the register;

(c)if requested by the Board, is to arrange for references to be sent by referees directly to the Board; and

(d)is to provide evidence that the Board may require as to the current position of the matters which led to the removal of the person’s name from the register.

(2)For the purposes of section 43(3) of the Act, the fee for the application is set out in item 5 of Schedule 2.

Part 3  The register

18.Inspection times

The register may be inspected on Monday to Friday between 8.30 a.m. and 4.30 p.m.

19.Inspection fee

For the purposes of section 35(2) of the Act, the fee for inspecting the register is set out in item 6 of Schedule 2.

20.Division 2 nursing specialities

For the purposes of section 34(1)(b)(ii) of the Act, the nursing specialities are as follows —

(a)children’s nurse;

(b)mothercraft nurse;

(c)dental nurse; and

(d)tuberculosis nurse.

21.Certificate verifying registration

The fee to be paid on an application to the Board for verification of a nurse’s registration is set out in item 7 of Schedule 2.

Part 4  Disciplinary proceedings

22.Interpretation

In this Part, unless the contrary intention appears —

committee has the meaning given by Part 5 of the Act.

23.Making a complaint

A person who wishes to make a complaint to the Board in respect of a person who is a nurse or who was a nurse at the relevant time, is to —

(a)lodge with the Registrar a written statement of the matter complained of signed by or on behalf of the complainant; and

(b)if required by the Board —

(i)give further or better particulars; or

(ii)make a statutory declaration,

as specified by the Board, relating to the complaint.

24.Qualifications to investigate matters

For the purposes of section 60(2) of the Act, a person appointed to investigate a matter is to —

(a)have been registered in Division 1 of the register for at least 5 years;

(b)have experience in investigating complaints; or

(c)be a certified practitioner within the meaning of the Legal Practice Act 2003.

[Rule 24 amended in Gazette 19 Apr 2005 p. 1297.]

25.Option of allegation being made to the State Administrative Tribunal

For the purposes of section 63(3) of the Act, an option is to be given and exercised as follows —

(a)the Registrar is to send to the affected person’s address entered in the register written notice that the Board has received a report under section 62 of the Act and is giving consideration to referring the matter to the committee for the committee to exercise one or more of the powers conferred on it by section 64 of the Act;

(b)the affected person is to be informed by the written notice that he, she or it has the option of having an allegation about the matter made to the State Administrative Tribunal;

(c)the affected person may exercise the option of having an allegation about the matter made to the State Administrative Tribunal by advising the Registrar to that effect in writing, within 14 days of the date of the notice; and

(d)if the affected person does not respond to the written notice within 14 days of the date of the notice, the Board may proceed as if the affected person has not taken the option.

[Rule 25 amended in Gazette 30 Dec 2004 p. 6986.]

[26.Repealed in Gazette 30 Dec 2004 p. 6987.]

27.Adjournment etc. of hearings

(1)Before an informal inquiry has begun, the presiding member of the committee, may on the application of the affected person, adjourn the inquiry or adjust the period proposed to conduct the inquiry.

(2)During an inquiry, the committee may adjourn the inquiry or adjust the period proposed to complete the inquiry.

[Rule 27 amended in Gazette 30 Dec 2004 p. 6987.]

Part 5  Advertising

28.Restriction on advertising

A nurse is not to advertise in relation to the nurse’s practice if the advertisement —

(a)is false in a material particular;

(b)is misleading or deceptive or is likely to mislead or deceive;

(c)is likely to adversely affect the reputation or standing of the nursing profession by reason of the advertisement’s content, form or manner of presentation;

(d)claims or implies that the nurse is superior to another nurse or nurses;

(e)contains an endorsement or testimonial in relation to the nurse; or

(f)directly or indirectly endorses any goods or services.

Penalty: $1 000.

29.Registered name to be used

A nurse must, when advertising the nurse’s practice, use only the name by which the nurse is registered unless before advertising, the nurse has obtained the Board’s written approval to use another name.

Penalty: $1 000.

Part 6  Schools of nursing (transitional)

30.Interpretation

In this Part, school of nursing has the meaning given by clause 8(2) of Schedule 3 to the Act.

31.Approval to examine on Board’s behalf

(1)The controlling authority of an institution or body may apply to the Board for the Board’s approval to conduct examinations on behalf of the Board with respect to a school of nursing based at a hospital.

(2)The authority, when applying under subrule (1) and also if approval is granted, is to provide the Board with information required by the Board as to the students and the education courses at the school of nursing.

(3)The Board is to give the authority written notice of the Board’s decision to grant or not grant the approval, as the case may be.

(4)An approval has effect until it is revoked by the Board in writing.

32.Instruction at schools of nursing

(1)Students at schools of nursing are to receive correlated instruction in theoretical and clinical nursing.

(2)The instruction given at schools of nursing is to be given by a nurse educator or other person, who in the Board’s opinion is suitably qualified to do so.

(3)The number of nurse educators or other persons engaged in giving instruction at a school of nursing is to be a proportion of the number of students at the school considered by the Board to be sufficient.

(4)In this rule, nurse educator means a nurse —

(a)whose name is entered in division 1 of the register; and

(b)who has —

(i)a diploma or degree in nursing education;

(ii)a diploma or degree in education; or

(iii)another qualification acceptable to the Board.

33.Conduct of courses

Each school of nursing is to assess each student at the school for each unit of study undertaken by the student and at the completion of the course, issue to each successful student a certificate stating that the student —

(a)has a satisfactory attendance record for the units of study;

(b)has had the clinical experience required by the Board;

(c)has passed the school of nursing assessments; and

(d)has completed the period of education required by the Board.

34.Records to be kept by schools of nursing

(1)Each school of nursing is to keep a record of —

(a)the theoretical training and practical experience received by; and

(b)the results of all assessments conducted in relation to,

each student who attends, or attended the school.

(2)The school of nursing is to give a copy of the record referred to in subrule (1) to the student to whom the record applies —

(a)when the student completes the course; or

(b)when the student withdraws from or otherwise discontinues the course.

35.Supervision of education at schools of nursing

(1)A school of nursing is to have as its director of nursing, a nurse whose name is entered in division 1 of the register.

(2)A school of nursing for midwives is to have as its principal educator, a nurse —

(a)whose name is entered in division 1 of the register; and

(b)who has a midwifery qualification that is considered by the Board to be suitable.

(3)A school of nursing for mental health nurses is to have as its principal educator, a nurse —

(a)whose name is entered in division 1 of the register; and

(b)who has a mental health nursing qualification that is considered by the Board to be suitable.

36.Requirement for admission to school of nursing for midwives

A school of nursing for midwives is not to admit a person as a student unless that person is a nurse whose name is entered in division 1 of the register and is qualified in general or comprehensive nursing.

37.Enquiries as to examinations

If a candidate for any examination conducted by or on behalf of the Board, or a school of nursing has an enquiry regarding the examination, the enquiry is to be directed to the Board, and not to the examiner.

38.Examination fees

A person who wishes to undergo an examination that is conducted by, or on behalf of, the Board, is to pay the fee set out in item 8 of Schedule 2 corresponding to the category of examination mentioned in that item.

Part 7  Miscellaneous

39.Fees may be reduced, waived or refunded

(1)The Board may —

(a)reduce a fee that a person is; or

(b)waive a fee that a person would otherwise be,

required to pay under the Act.

(2)Subject to section 29(4) of the Act, the Board may refund, in whole or in part, a fee that a person has paid under the Act.

40.Miscellaneous fees

The fee for a matter referred to in column 1 of item 9 of Schedule 2 is set out opposite the matter in column 2 of the item.

41.Evidentiary certificate

A certificate for the purposes of section 80(4)(a) of the Act is to be in the form of Form 10 in Schedule 1.

42.Criteria for registration under Nurses Act 1968

For the information of those persons to whom section 23(2) of the Act applies, the criteria referred to immediately before the commencement of the Nurses Act 1992 in section 20(1)(a)(i) and (ii) of the Nurses Act 1968 2 are as follows —

(a)section 20(1)(a)(i) of the Nurses Act 1968 2 applied to a person who had undertaken nursing education in the State, having completed the prescribed course of education and passed the prescribed examination for registration in respect of a branch of nursing as follows —

(i)general nursing;

(ii)midwifery;

(iii)mental health nursing;

(iv)mothercraft nursing;

(v)children’s nursing;

(vi)dental nursing;

(vii)child health nursing;

(viii)tuberculosis nursing;

(ix)enrolled nursing; and

(x)enrolled mental health nursing;

and

(b)section 20(1)(a)(ii) of the Nurses Act 1968 2 applied to a person who had undertaken nursing in the State, being the holder of a certificate of education as a nurse awarded by any institution or body approved by the Board for the purposes of the subparagraph.

 

Schedule 1

FORM 1

[Rule 3(2)]

APPLICATION FOR HONORARY REGISTRATION AS A NURSE UNDER THE NURSES ACT 1992

THIS FORM MUST BE COMPLETED, SIGNED & RETURNED TO:

NURSES BOARD OF WESTERN AUSTRALIA

FOR OFFICE USE ONLY

Identification No.

Date of Registration

PREFERRED TITLE:

SURNAME:

GIVEN NAMES:

 

FORMER NAME(S):

 

PLACE OF BIRTH:

(town)(country)

DATE OF BIRTH:

RESIDENTIAL ADDRESS:

TELEPHONE NO. ......................................................

POSTAL ADDRESS FOR CORRESPONDENCE:

 

 

NURSING EDUCATION

I completed my nursing education as detailed below:COURSE

Area of nursing practice

School of Nursing

Location (City & Country)

Date Commenced

Date Completed

 

 

 

 

 

 

 

REGISTRATION

Please list first and current registrations

Category of registration

Name of registering authority

Registration No.

Registration date

 

 

 

 

 

 

I declare that the statements above are true and correct in every particular.

........................................................................................

(Signature)(Date)

Applicant to be recommended by Head of School of Nursing or Director of Nursing of sponsoring institution.

Applicant will be required to show evidence of identity.

[Form 1 amended in Gazette 4 May 2001 p. 2243.]

FORM 2

[Rule 10(a)]

NURSES BOARD OF WESTERN AUSTRALIA

CERTIFICATE OF REGISTRATION

This certificate of registration covers practice until the expiry date shown.

It must be retained following the expiry date as evidence that you have been registered in Western Australia .

Issue date:Expiry date:

This is to certify that ..................................................................... has been registered in — 

DIVISION 1

by virtue of

No.

 

 

 

 

 

 

in accordance with section 22 of the Nurses Act 1992.

.........................................................................................

Signature Presiding member of Registrar

of nursethe Board

[Form 2 amended in Gazette 4 May 2001 p. 2243.]

FORM 2A

[Rule 10(aa)]

NURSES BOARD OF WESTERN AUSTRALIA

CERTIFICATE OF REGISTRATION

This certificate of registration covers practice until the expiry date shown.

It must be retained following the expiry date as evidence that you have been registered in Western Australia .

Issue date:Expiry date:

This is to certify that ............................................................................... has been registered in — 

DIVISION 1

by virtue of

No.

 

 

 

 

 

 

in accordance with section 22A of the Nurses Act 1992.

.........................................................................................

Signature Presiding member of Registrar

of nursethe Board

[Form 2A inserted in Gazette 29 Aug 2003 p. 3841.]

FORM 3

[Rule 10(a)]

NURSES BOARD OF WESTERN AUSTRALIA

CERTIFICATE OF REGISTRATION

This certificate of registration covers practice until the expiry date shown.

It must be retained following the expiry date as evidence that you have been registered in Western Australia .

Issue date:Expiry date:

This is to certify that ..................................................................... has been registered in — 

DIVISION 2

by virtue of

No.

 

 

 

 

 

 

in accordance with section 22 of the Nurses Act 1992.

.........................................................................................

SignaturePresiding member ofRegistrar

of nursethe Board

[Form 3 amended in Gazette 4 May 2001 p. 2243.]

FORM 4

[Rule 10(b)]

NURSES BOARD OF WESTERN AUSTRALIA

CERTIFICATE OF REGISTRATION

This certificate of registration covers practice until the expiry date shown.

It must be retained following the expiry date as evidence that the body corporate has been registered in Western Australia .

Issue date: Expiry date:

This is to certify that ..................................................................... has been registered in — 

DIVISION 3

No.

in accordance with section 24 of the Nurses Act 1992.

Conditions or restrictions:

 

 

 

.........................................................................................

Signature ofPresiding member ofRegistrar

principal executivethe Board

officer

[Form 4 amended in Gazette 4 May 2001 p. 2243.]

FORM 5

[Rule 10(c)]

NURSES BOARD OF WESTERN AUSTRALIA

CERTIFICATE OF HONORARY REGISTRATION

This certificate of registration covers practice until the expiry date shown.

It must be retained following the expiry date as evidence of registration in Western Australia .

Issue date: Expiry date: .

This is to certify that ............................................................................... has been granted honorary registration in — 

DIVISION 4

by virtue of

No.

 

 

 

in accordance with section 25 of the Nurses Act 1992.

Conditions or restrictions:

 

 

 

................................................................................................

Signature Presiding member of Registrar

of nursethe Board

FORM 6

[Rule 10(d)]

NURSES BOARD OF WESTERN AUSTRALIA

CERTIFICATE OF PROVISIONAL REGISTRATION

This certificate of registration covers practice until the expiry date shown.

It must be retained following the expiry date as evidence of registration in Western Australia .

Issue date: Expiry date: .

This is to certify that ............................................................................... has been granted provisional registration in — 

DIVISION 5

by virtue of

No.

 

 

 

in accordance with section 26 of the Nurses Act 1992.

Conditions or restrictions:

 

 

.........................................................................................

SignaturePresiding member ofRegistrar

of nursethe Board

FORM 7

[Rule 10(e)]

NURSES BOARD OF WESTERN AUSTRALIA

CERTIFICATE OF TEMPORARY REGISTRATION

This certificate of registration covers practice until the expiry date shown.

It must be retained following the expiry date as evidence of registration in Western Australia .

Issue date: Expiry date: .

This is to certify that.................................................................................has been granted temporary registration in — 

DIVISION 6

by virtue of

No.

 

 

 

in accordance with section 27 of the Nurses Act 1992.

Conditions or restrictions:

 

........................................................................................................

SignaturePresiding member ofRegistrar

of nursethe Board

FORM 8

[Rules 16 and 17]

APPLICATION FOR RESTORATION OF NAME TO THE REGISTER

(by a natural person)

NURSES BOARD OF WESTERN AUSTRALIA

 

FORMER NAME(S) _____________________

 

DATE OF BIRTH _______________________

 

NOTE: AN APPLICANT APPLYING FOR RESTORATION OF A NAME TO THE REGISTER MUST INDICATE CHANGES THAT HAVE OCCURRED SINCE THE INITIAL REGISTRATION

Change of address must be notified in writing as soon as practicable

(Section 38(2) Nurses Act 1992)

Change of name on the register can only be effected on production of the appropriate documentation.

TITLE

NAME

ADDRESS

_______________________________

_______________________________

_______________________________

___________ Post Code __________

FORMER NAME(S) ____________

DATE

OF BIRTH ____________________

(Fee $ )

I request restoration of my name to the register as a nurse — circle the areas of practice which apply.

DIVISION 1General

Midwifery

Mental Health

DIVISION 2Enrolled

Other:

Enrolled comprehensive

Enrolled mental health

RECENCY OF PRACTICE

I am practising/last practised nursing in the following area of nursing specialty/specialities.

STATE MONTH AND YEAR of last practice for each area of nursing practice for which you are applying.

AREA OF NURSING PRACTICE

DATE LAST PRACTISED. (Exclude Renewal of Registration Courses)

LOCATION CITY /

COUNTRY

DATE LAST PRACTISED IN WA (Exclude Renewal of Registration Courses)

DATE LAST REGISTERED IN W.A.

General

 

 

 

 

Midwifery

 

 

 

 

Mental health

 

 

 

 

Enrolled

 

 

 

 

Enrolled Comprehensive

 

 

 

 

Enrolled mental health

 

 

 

 

Mothercraft

 

 

 

 

Dental

 

 

 

 

Children’s

 

 

 

 

Tuberculosis

 

 

 

 

PLEASE ANSWER QUESTIONS ON NEXT PAGE OF THIS FORM

Please indicate “yes” or “no” to the following questions.

If “yes”, please give details in the space below.

1.Have you ever been convicted in this State or elsewhere of an offence?

 

.............

2.Have you ever had any previous registration as a nurse cancelled?

 

.............

3.Have you ever been refused registration as a nurse in Western Australia or elsewhere?

 

.............

4.Have any of the qualifications upon which you rely for registration as a nurse been withdrawn or cancelled?

 

.............

5.Have you at any time been found guilty of unethical conduct as a nurse and/or subject to any disciplinary action by a tribunal or any body or authority legally constituted to discipline nurses?

 

 

.............

6.Are you currently dependent on alcohol or any other drug to an extent that affects your ability to practise as a nurse?

 

.............

7.Do you suffer from any mental or physical disorder that is relevant to your ability to practise as a nurse?

 

.............

 

 

 

 

RECENCY OF PRACTICE

Where a nurse has not practised nursing within the 5 years preceding the date of the application for renewal, in a division of the register for which registration is sought, the nurse is required to satisfactorily complete a renewal of registration course (sections 22 and 42 Nurses Act 1992). If you have completed a renewal of registration course in the last 5 years please complete the details below:

..............................................................................................................

(Date)(Hospital/Institution)(Duration)(Division of Nursing)

..............................................................................................................

(Date)(Hospital/Institution)(Duration)(Division of Nursing)

..............................................................................................................

(Date)(Hospital/Institution)(Duration)(Division of Nursing)

DECLARATION

I do solemnly and sincerely declare that the statements made by me on this form and on any attachment, are true and correct in every particular and that I am the person named in the attached documents.

I make this statement knowing that I am liable under the Nurses Act 1992, in case of falsehood, to a fine of $2 500.

...............................................................

(Date)(Signature)

[Form 8 amended in Gazette 4 May 2001 p. 2243; 30 Dec 2004 p. 6987.]

FORM 9

APPLICATION FOR RESTORATION OF NAME TO THE REGISTER

(by a body corporate)

[Rules 16 and 17]

THIS FORM MUST BE COMPLETED, SIGNED & RETURNED TO:

NURSES BOARD OF WESTERN AUSTRALIA

FOR OFFICE USE ONLY

Identification No.

Date of Registration

NOTE: AN APPLICANT APPLYING FOR RESTORATION OF A NAME TO THE REGISTER MUST INDICATE CHANGES THAT HAVE OCCURRED SINCE THE INITIAL REGISTRATION

APPLICANT’S NAME :

POSTAL ADDRESS :

Post Code ( ) Telephone ( )

THE APPLICANT INTENDS TO CONDUCT ITS BUSINESS UNDER THE BUSINESS NAME OF:

NATURE OF BUSINESS :

Date of incorporation : _____________________

(where applicable)

PLACES OF BUSINESS IN WESTERN AUSTRALIA :

(a)PRINCIPAL PLACE OF BUSINESS

Post Code ( )

(b)

(c)

(d)

(e)

DECLARATION

I HEREBY DECLARE THAT —

(a)the preceding statements are true in every particular to the best of my knowledge, information and belief. I make this Statement knowing I am liable under the Nurses Act 1992 in case of falsehood to a fine of $2 500;

(b)I am authorised by the applicant to make this application for and on behalf of the applicant;

(c)I undertake to notify the Nurses Board of Western Australia of any changes in particulars contained within the application for registration not later than 7 days after the event;

(d)I undertake to produce to the Nurses Board of Western Australia such information as it may from time to time require by written request regarding the affairs of the applicant;

(e)full personal professional responsibility for the conduct of the affairs of the applicant in relation to the practice of nursing is, and will remain, an obligation of each member who is a registered nurse and that no person other than a registered nurse has authority over professional matters.

Dated this .......................................... day of .............................................20 .......

................................................................................................................................

(Signature of principal executive officer

for and on behalf of the applicant)

OFFICE USE ONLY

 

SIGHTED

DATE

MEMORANDUM AND ARTICLES OF ASSOCIATION

 

 

 

IDENTITY OF MEMBERS OF APPLICANT (NON‑NURSES)

1

 

 

BIRTH CERTIFICATE

2

 

 

PASSPORT

3

 

 

DRIVER’S LICENCE

4

 

 

2 CHARACTER REFERENCES FOR DIRECTOR

OR OFFICER OF APPLICANT

(NON‑NURSES)

 

1

 

 

2

 

 

3

 

 

4

 

 

TERMS OF CONTRACT OF BODY CORPORATE

 

 

 

TRUST DEED

 

 

 

EVIDENCE OF RESERVATION OF BUSINESS NAME (CORPORATE AFFAIRS)

 

 

 

FEE

 

 

 

CERTIFICATE OF INCORPORATION

 

 

 

EXTRACT OF REGISTRATION OF BUSINESS NAME

 

 

 

EVIDENCE OF REGISTRATION OF NURSE MEMBERS

 

 

 

DETAILS OF THE PRINCIPAL EXECUTIVE OFFICER OF THE BODY CORPORATE WHO MUST BE A NURSE:

 

NAME:

INITIAL REGISTRATION NO/DATE:

PRACTISING CERTIFICATE:

EXPIRY DATE:

ADDRESS:

DETAILS of the NURSE in whom control of the affairs of the applicant is vested:

NAME:

ADDRESS:

 

INITIAL REGISTRATION NO/DATE:

PRACTISING CERTIFICATE:

EXPIRY DATE:

DETAILS OF ALL MEMBERS OF THE APPLICANT WHO ARE NURSES:

NAME/DESIGNATION

ADDRESS

INITIAL REG.

NO/DATE

PRACTISING CERTIFICATE EXPIRY DATE

(a)

(b)

(c)

(d)

 

 

 

DETAILS OF ALL MEMBERS OF THE APPLICANT WHO ARE NOT NURSES:

NAME

ADDRESS

OCCUPATION

(a)

(b)

(c)

 

 

EXTRACT FROM THE NURSES ACT 1992

SCHEDULE 2

REQUIREMENTS FOR REGISTRATION OF A BODY CORPORATE

1.Where the body corporate has —

(a)more than 2 members, the majority of the members shall be nurses;

(b)only 2 members, one member shall be a nurse and the other need not be a nurse but shall be a person of good character,

but in no case may a body corporate be a member.

2.The body corporate shall have a place of business within the State.

3.The principal executive officer of the body corporate shall be a nurse.

4.Control of affairs of the body corporate shall be vested in a nurse.

5.The power of persons —

(a)to exercise, or to control the exercise of, the rights to vote attached to shares in the body corporate; or

(b)to dispose of, or to exercise control over the disposal of such shares,

shall be such that the personal supervision and management of the affairs of the body corporate cannot become vested in a person who is not a nurse.

6.Full personal professional responsibility for the conduct of the affairs of the body corporate in relation to the practice of nursing shall remain an obligation of each member who is a nurse and no person other than a nurse may have authority over professional matters.

7.Proper and adequate provision shall be made for disclosure to the Board of the affairs of the body corporate, on request in writing by the Board to any member who is a nurse, or an undertaking to that effect shall be given to and accepted by the Board.

8.The memorandum and articles of association of the body corporate shall be acceptable to the Board and contain a provision that the Board be notified of any intention to amend the memorandum or articles and be furnished with a copy of any proposed resolution or other form of proposal to give effect to that intention.

9.The Board shall be satisfied that there are no other grounds upon which the applicant for registration ought to be refused.

LIABILITY OF MEMBERS OF BODY CORPORATE section 81

(1)Where a body corporate is convicted of an offence against this Act, every person who at the time of the commission of the offence was a member of the body corporate or an officer concerned in the management of it and who authorised or permitted the commission of the offence is guilty of the like offence.

(2)A person referred to in subsection (1) may, on request of the complainant, be convicted in the proceedings in which the body corporate is convicted if the court is satisfied that the person had reasonable notice that the complainant intended to make that request.

(3)Any civil liability in connection with the practice of nursing incurred by a body corporate that is registered under this Act is enforceable jointly and severally against the body corporate and any person who at the time that the liability was incurred was a member of the body corporate.

NOTE:APPLICANTS ARE ADVISED TO PURCHASE AND BE CONVERSANT WITH THE NURSES ACT 1992.

DOCUMENTARY REQUIREMENTS TO BE ATTACHED HEREWITH:

1.A copy of the proposed memorandum and articles of association of the applicant (Note the requirements of Schedule 2 clause 8).

2.Evidence as to the identity of members of the applicant who are not registered nurses.

3.Two character references for each member of the applicant who is not a registered nurse.

4.Evidence of registration of the registered nurses who are members of the applicant.

5.Trust deed setting out the terms of the trust where shares in the body corporate are held by any person who is not a registered nurse.

6.Evidence that the proposed business name has been reserved at the office of the State Corporate Affairs.

7.The prescribed application and registration fees.

8.THE PROPOSED TERMS OF CONTRACT OF THE BODY CORPORATE TO BE PROVIDED AS SOON AS PRACTICABLE AFTER ISSUE:

·A certified copy of the certificate of incorporation of the body corporate.

·A certified extract of the registration of the business name.

[Form 9 amended in Gazette 4 May 2001 p. 2243.]

FORM 10

[Rule 41]

EVIDENTIARY CERTIFICATE

The Nurses Board of Western Australia

 

This is to certify that .............................................................................................

of.............................................................................................................................

*was / was not registered as a nurse under the Nurses Act 1992 on ..................... ................................................................................................................................

Registration *was / was not suspended on ............................................................

Issued on behalf of the Nurses Board under

section 80(4)(a) of the Nurses Act 1992.

 

................................................

Registrar

*DELETE WHERE INAPPLICABLE

Schedule 2 — Fees

[r. 7, 9, 14, 16, 17, 19, 21, 38 and 40]

[Heading inserted in Gazette 19 Aug 2005 p. 3868.]

Item

Fees
$

1.Application for registration under —

 

section 22(1) (WA qualifications)

120.00

1A.Application for registration under —

 

section 22(1) (other qualifications)

220.00

1B.Application for registration under —

 

section 22(3) (mutual recognition)

120.00

1C.Application for registration under —

 

section 22A

140.00

section 24

278.00

section 25

120.00

2.Registration under —

 

section 22(1) or (3)

120.00

section 22A

140.00

section 24

278.00

section 25

120.00

section 26

120.00

section 27

120.00

3.Renewal of registration under —

 

section 22(1) or (3) —

 

for one year

90.00

for 3 years

245.00

section 22A —

 

for one year

90.00

for 3 years

245.00

section 24

168.00

section 25

90.00

4.Application for restoration of name to the register under  —

 

section 32(3) —

 

natural person

27.00

body corporate

110.00

section 42(2) —

 

natural person

120.00

body corporate

278.00

5.Application for restoration of name to the register under —

 

section 43(2) —

 

natural person

120.00

body corporate

278.00

6.Inspection of register

17.00

7.Application for certificate verifying registration


23.00

8.Examination fees —

 

Division 1 of the register

93.00

Division 2 of the register

70.00

9.Miscellaneous fees —

 

fee for duplicate certificate

14.00

fee for duplicate badge

14.00

[Schedule 2 inserted in Gazette 19 Aug 2005 p. 3868‑9.]

dline

 

Notes

1This reprint is a compilation as at 13 January 2006 of the Nurses Rules 1993 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation

Gazettal

Commencement

Nurses Rules 1993

29 Oct 1993 p. 5843‑77
(correction 12 Nov 1993 p. 6142)

29 Oct 1993 (see r. 2 and Gazette 29 Oct 1993 p. 5881)

Nurses Amendment Rules 1996

15 Oct 1996 p. 5452‑3

15 Oct 1996

Nurses Amendment Rules (No. 2) 1996

15 Oct 1996 p. 5453‑4

1 Jan 1997 (see r. 2)

Nurses Amendment Rules 1997

14 Oct 1997 p. 5694

14 Oct 1997

Nurses Amendment Rules 1998

15 Sep 1998 p. 5082‑3

1 Oct 1998 (see r. 2)

Nurses Amendment Rules 2001

4 May 2001 p. 2242‑3

4 May 2001

Reprint of the Nurses Rules 1993 as at 22 Jun 2001 (includes amendments listed above)

Nurses Amendment Rules (No. 2) 2001

25 Sep 2001 p. 5284‑5

25 Sep 2001

Nurses Amendment Rules 2003

29 Aug 2003 p. 3839‑41

29 Aug 2003

Nurses Amendment Rules 2004

16 Apr 2004 p. 1210-12

16 Apr 2004

Nurses Amendment Rules (No. 2) 2004

30 Dec 2004 p. 6986-7

1 Jan 2005 (see r. 2 and Gazette 31 Dec 2004 p. 7130)

Courts and Legal Practice (Consequential Amendments) Regulations 2005 r. 9

19 Apr 2005 p. 1294-302

19 Apr 2005

Nurses Amendment Rules (No. 2) 2005

19 Aug 2005 p. 3868‑9

19 Aug 2005

Reprint 2: The Nurses Rules 1993 as at 13 Jan 2006 (includes amendments listed above)

2Repealed by the Nurses Act 1992.

 

 

Defined Terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined TermProvision(s)

committee22

education qualifications7(2)

nurse educator32(4)

school of nursing30

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By Authority: JOHN A. STRIJK, Government Printer