Chapter 3 LEGAL AND ETHICAL ASPECTS OF NURSING PRACTICE OBJECTIVES • Define the key terms/concepts • Discuss the distinctions between criminal law and civil law • Explain legal responsibilities and obligations of nurses • Discuss various legal issues that arise in nursing practice • Access, compare and contrast the Code of Professional Conduct for Nurses… Read more Practicing without a current and valid license is illegal and it amounts to pra… The Nursing and Midwifery Board of Australia (NMBA) regulates nurses and midwives under the Health Practitioner Regulation National Law (2009) – this is statutory regulation. The NMBA regulates the practice of nursing and midwifery in Australia, and one of its key roles is to protect the public. The third edition of Ethics and Law for Australian Nurses develops an innovative practical framework for understanding the ethical and legal dimensions of nursing practice in Australia. A breach of a civil law right or obligation does not usually lead to criminal processes and sanctions. The third edition of Ethics and Law for Australian Nurses develops an innovative practical framework for understanding the ethical and legal dimensions of nursing practice in Australia. Occupier of premises to entrants; 5. Understand the importance for nurses of gaining knowledge of the law and the legal system. students that support enhanced teaching and learning outcomes. This approach is central to the book's discussion of key ethical and legal concepts throughout the text including consent and autonomy, negligence and liability, confidentiality and trust, and culturally safe practice. Resources for nursing students to help with researching ethics and law. b. From local crime in your area to the latest details from the supreme and high courts. Prior to Australian appeals to the Privy Council being abolished, the judicial system in the UK was the de jure authority over Australian common law, including torts.. Civil law defines the rights and responsibilities of individuals, government entities and private or non-government organisations in their interactions with each other. Take this 3rd nursing exam at LHUP on legal aspects of nursing and get to find out! titles will have supplementary materials. 2020, the World Health Organisation designated International Year of the Nurse & Midwife, is our year. resources provide additional content, or present content in an The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. ... area Nursing both in Australia and overseas. Legislative change helps keep practitioner regulation up to date. Section 288 of the Criminal Code 1899 states that: ‘It is the duty of every person who … undertakes to administer surgical … treatment to any other person, or to do any other lawful act which is or may be dangerous to human life or health, to have reasonable skill and to use reasonable care in … Queensland Health ... Health Practitioner Regulation National Law … The Australian Health Practitioner Regulation Agency (AHPRA), on behalf of the Nursing and Midwifery Board of Australia (NMBA), has appointed provider Turning Point to deliver a national health support service for nurses, midwives and students with a health impairment or at risk of a health impairment in Australia. Sheryl has a sustained background in consultancy and advisory roles to national and state government bodies concerned with developing policy or ethical guidelines to regulate practice. A tort is a civil wrong made against a person or property. (Criminal Law). She has been a tutor in the Bachelor of Arts and the Bachelor of Nursing programs at the University of Tasmania for several years. An action of criminal negligence was brought against Dr Patel under section 288 of the Criminal Code Act 1899 (Qld). In South Australia the Civil Liability Act 1936 (SA) is used to assess the negligence of individuals and the liability they face as a result of any negligent acts on their part. Nursing and Midwifery Practice Act 2008 [ceased] Repealed by Sch 1 cl 28 (d) of Health Practitioner Regulation National Law (South Australia) Act 2010 on 1.7.2010. Kim completed a Ph.D. in philosophy and taught in the Faculty of Arts at Macquarie University. Taking a 'relational' approach to practice, the text foregrounds the concepts of personhood, vulnerability and the nurse-patient relationship as the source of a nurse's moral and legal obligations. 2. In the Australian judiciary system, there are a variety of courts both at the state as well as the federal level and due to this; there is a certain hierarchy system that is formed. Criminal law deals with behavior that is or can be construed as an offense against the public, society, or the state—even if the immediate victim is an individual. 3.34 ‘General’ damages, sometimes substantial, are awarded to co… 2 In Lange v Australian Broadcasting Corporation (1997) 189 CLR 520 at 564, it was said that the “Constitution, the federal, State and territorial laws, and the common law in Australia together constitute the law in this country and form ‘one system of jurisprudence’”. We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Sheryl completed a Ph.D. in Nursing and was awarded an Australian Clinical Post-Doctoral Fellowship from the National Health and Medical Research Council to conduct a bioethical study in the Research Centre for Reproductive Health at the University of Adelaide. Related Journals of Corporate Law Law Journal, Criminal Law Journal, Intellectual Property Rights, Political Sciences & Public Affairs , Sociology and Criminology, Jo… (Civil Law). Introduction to Nursing Law. and picks up the case law as it stands from time to time.” Occasionally, however, one may find an indication in the statute that the body of law being picked up or referred to 24is the body of law as it existed at a fixed point in time. This approach is central to the book's discussion of key ethical and legal concepts throughout the text including consent and autonomy, negligence and liability, confidentiality…, No metrics are currently available for this content, Paperback publication date: In South Australia the Civil Liability Act 1936 (SA) is used to assess the negligence of individuals and the liability they face as a result of any negligent acts on their part. The nurse as capacity builder, https://doi.org/10.1017/9781316832035.001, https://doi.org/10.1017/9781316832035.002, https://doi.org/10.1017/9781316832035.003, https://doi.org/10.1017/9781316832035.004, https://doi.org/10.1017/9781316832035.005, https://doi.org/10.1017/9781316832035.006, https://doi.org/10.1017/9781316832035.007, https://doi.org/10.1017/9781316832035.008, https://doi.org/10.1017/9781316832035.009, https://doi.org/10.1017/9781316832035.010, https://doi.org/10.1017/9781316832035.011, https://doi.org/10.1017/9781316832035.012, https://doi.org/10.1017/9781316832035.013, https://doi.org/10.1017/9781316832035.014, https://doi.org/10.1017/9781316832035.015, For research journals and books visit Cambridge Core, Thoroughly updated to include the latest research and links to legislation and professional documentation, as well as a new chapter on aged care, Develops readers' understanding of the ethical and legal dimensions of nursing practice in Australia through an engaging and accessible style, A new instructor website features multimedia resources and extension questions to complement each chapter. She became a registered nurse in 1985 and specialised in intensive care nursing for over twenty years. In criminal law, corporate liability determines the extent to which a corporation as a legal person can be liable for the acts and omissions of the natural persons it employs. In 2010, Patel was found to have caused the death of three patients and the grievous bodily harm of another. The Parliament of Australia enacts: 1 Short title This Act is the Civil Law and Justice Legislation Amendment Act 2018. Truly. The civil law practice helps resolve legal issues that impact on people's everyday lives such as debts, unpaid fines, discrimination, tenancy issues, Centrelink disputes and more. Nursing law in Australia is governed and regulated by Australian Health Practitioner Regulation Agency (AHPRA). 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Teacher to student; 2. The civil law practice helps resolve legal issues that impact on people's everyday lives such as debts, unpaid fines, discrimination, tenancy issues, Centrelink disputes and more. Legal advice and assistance. The Australian legal system is complex. The NMBA uses these standards to determine the eligibility of people applying for a licence to practice as a nurse or midwife, in Australia. Some of these resources are available to instructors only, and not all Employer to employee; 3. Licensure protects the consuming public and insures that the nurse has completed a state approved nursing school, has successfully passed their licensure examination and has also continuously met the requirement(s) for relicensure each biennium without any suspensions or revocations of their license. Introduction to Nursing Law. Lucinda was named ‘Lawyer of the Year’ by Best Lawyers in Australia (2013) in her specialty practice area of Retirement Villages and Senior Living Law (Sydney) and was nominated as a leading lawyer in Health & Aged Care Law. Primary Clinical Care Manual - 10th edition (PCCM). Civil Law - Definition, Examples, Types, Cases, and Systems NURSING ACT 1992 Reprinted as in force on 2 October 1996 (includes amendments up to Act No. Nursing and the Law Ms Pat Staunton President Australian Nurses Federation (NSW) I I was asked to speak on this issue for two reasons I suspect. She has considerable clinical experience in Intensive Care and Cardiac Care, and Assisted Reproductive Technology (ART) Nursing. It is not the purpose of the review to examine other policy reforms to the Nursing Act. Parent to child; 4. Two recent reforms are to mandatory reporting and statutory offences through the Health Practitioner Regulation National Law and Other Legislation Amendment Act 2019 (), which was passed by the Queensland Parliament in February 2019.The amendments include revisions to the National Law mandatory … Jurors were advised that, in order to find Dr Patel guilty, they had to find that his decision to perform the operations showed such ‘serious disregard for the patients’ welfare that he should be punished as a criminal’ – or, in other words, ‘that his decision to operate was so thoroughly reprehensible, involving such grave moral guilt, that it should be treated as a crime deserving punishment’ (The Australian, 23 June 2010). For the last twelve years, she has worked in the New South Wales public service in the area of guardianship, initially in the Department of Ageing Disability and Home Care and later in the Department of Justice. 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