Lexi Webster
Nursing is a profession that promotes health, safety, and continuity in care, and manages and leads healthcare organisations and systems. In Australia, nurses make up more than half of the regulated health workforce, and the profession is regulated by the Nursing and Midwifery Board of Australia (NMBA). To practise legally in the country, nurses must be registered with the NMBA and have completed an approved program of study. This ensures that nurses are suitably trained, qualified, and safe to practise. Nurses have a duty of care to their patients, which means they are expected to behave or act in a particular way, adhering to a standard of care that requires watchfulness, attention, caution, and prudence.
| Characteristics | Values |
|---|---|
| Registration | All nurses and midwives must be registered with the Nursing and Midwifery Board of Australia (NMBA) to work legally in the Australian health sector. |
| National Registration | From 1 July 2010, all nurses and midwives have national registration, allowing them to work in all Australian states and territories. |
| Education | Nurses complete an approved program of study to be eligible for registration. |
| Supervision | ENs work under the supervision of a registered nurse and cannot act alone. |
| Reporting | In Victoria and all other Australian states and territories, nurses have mandatory reporting obligations under the Child, Youth and Families Act 2005 to report suspected cases of child abuse and neglect. |
| Standard of Care | Nurses are expected to act with watchfulness, attention, caution, and prudence, falling under the standard of care may result in a lawsuit for negligence. |
| Workload | Nursing and midwifery workloads impact the quality of patient care. |
| Patient Safety | Minimum staffing ratios assist in maintaining patient safety and creating safer workplaces for nurses and midwives. |
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What You'll Learn
Mandatory reporting of child abuse and neglect
In Australia, each state and territory has its own mandatory reporting law that specifies who is required to report known or suspected cases of child abuse and neglect to government authorities. Mandatory reporting laws aim to identify cases of child abuse and neglect and assist the individual children in these cases. They set acceptable standards of behaviour for the community, affect the policies and practices of child protection services, and make the protection of children from abuse and neglect a professional responsibility.
In the Northern Territory, it is mandatory for any person to report any suspicion of abuse or neglect of a child to government authorities. In all other states and territories, certain groups of people, such as teachers, doctors, nurses, police, and early childhood educators, are required by law to report any suspicion of child abuse or neglect. Nurses who are mandatory reporters must be registered with the Nursing and Midwifery Board of Australia (NMBA) to practise in Australia.
There are some important differences in the types of abuse and neglect that must be reported across the states and territories. In New South Wales (NSW), the NT, and Tasmania (Tas), it is mandatory to report all five recognised types of abuse and neglect: physical abuse, sexual abuse, emotional abuse, neglect, and exposure to family violence. In South Australia (SA), it is mandatory to report physical abuse, sexual abuse, emotional abuse, and neglect. In the Australian Capital Territory (ACT) and Victoria (Vic), only physical and sexual abuse must be reported. Queensland (Qld) and Western Australia (WA) each have multiple Acts that legislate mandatory reporting, specifying different mandatory reporters and different forms of abuse that must be reported.
Mandatory reporters are required to report in relation to significant harm as a result of physical injury or sexual abuse. They may choose to report in relation to other types of significant harm. The best interests of the child are the paramount consideration. Child Protection will decide when follow-up is required and how to classify the report. This may mean providing advice to the reporter, progressing the matter to an investigation, referring the family to support services in the community, or taking no further action. To make a report, one should contact the child protection intake service covering the local government area (LGA) where the child normally resides.
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Standard of care
Nursing is a profession that upholds everyone's right to enjoy the highest attainable standard of health. Nurses in Australia provide people-centred, compassionate clinical and social care, and they also manage services, enhance health systems, and improve public and population health outcomes.
The Nursing and Midwifery Board of Australia (NMBA) is responsible for regulating nurses and midwives. All nurses and midwives must be registered with the NMBA to work legally in the Australian health sector. The NMBA works with the Australian Health Practitioner Regulation Agency (Ahpra) to regulate the nursing profession. Ahpra administers the National Registration and Accreditation Scheme (NRAS), which includes nursing and midwifery among its 16 health professions. The NRAS was established in 2010 and is underpinned by the Health Practitioner Regulation National Law, which is in force across all states and territories of Australia.
The standard of care is the expectation that a health professional will behave or act in a particular way. It requires that a person act toward others and the public with watchfulness, attention, caution, and prudence, as a reasonable person would in those circumstances. If a person's actions do not meet this standard of care and fall below the acceptable standards, they may face legal consequences for negligence.
In Australia, there are different types of nurses, including Enrolled Nurses (ENs) and Registered Nurses (RNs). ENs complete a Diploma of Nursing and work under the supervision of an RN. They have specific duties, such as recording and interpreting clinical observations and providing interventions according to a plan of care. On the other hand, RNs have a broader scope of practice and more responsibilities. They complete an approved program of study to meet the RN standards for practice. Additionally, RNs can further their education and become Nurse Practitioners (NPs), who can practice independently and take on advanced clinical roles, including diagnosing and treating conditions.
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Safe patient care
To become a registered nurse in Australia, an approved program of study must be completed to meet the RN standards for practice. Registered nurses have more responsibilities than enrolled nurses (ENs) and their scope of practice includes diagnosing and treating conditions, including prescribing medicines. ENs, on the other hand, work under the supervision of registered nurses and cannot act alone. They complete a Diploma of Nursing and are responsible for tasks such as recording and interpreting clinical observations, providing treatments, and assisting registered nurses.
The Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Act 2015 sets minimum staffing requirements for certain publicly funded health services, recognising that adequate staffing improves patient safety and outcomes. This Act was established to protect the minimum numbers of nurses and midwives required to care for patients. Mandatory reporting obligations under the Child, Youth and Families Act 2005 also apply to nurses, midwives, and other professionals, requiring them to report suspected cases of child abuse and neglect.
Nurses in Australia provide people-centred care, advocating for equitable access to healthcare and safe, sustainable environments. They are held to a standard of care, which requires them to act with watchfulness, attention, caution, and prudence. This standard ensures that nurses uphold their duty of care to patients and can be held accountable for any negligence resulting in damages. Overall, safe patient care in Australia is ensured through a combination of legislation, regulatory bodies, and the professional conduct of nurses themselves.
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Nursing titles
Nursing and midwifery titles are protected under Australian law, which means not everyone can use these titles. To become a nurse in Australia, one must complete an approved program of study to be eligible to register and practise with the Nursing and Midwifery Board of Australia (NMBA). The NMBA works with the Australian Health Practitioner Regulation Agency (Ahpra) to regulate the nursing profession. Ahpra ensures that health practitioners are suitably trained, qualified, and safe to practise.
There are different types of nurses in Australia, with the main differences involving the type of education they have completed, where they work, and their scope of practice. An enrolled nurse (EN) completes a Diploma of Nursing through a vocational education provider to meet the EN standards for practice. ENs work under the supervision of a registered nurse (RN) and cannot act alone. They are responsible for regularly recording and interpreting clinical observations, providing interventions, treatments, and therapies, and assisting registered nurses and other team members with health education activities. To become an RN, an EN must complete further education. RNs have more responsibilities and a broader scope of practice, including diagnosing and treating conditions and prescribing medicines. To be eligible to register as an RN, one must complete an approved program of study to meet the RN standards for practice.
Nurse practitioners (NP) are RNs who are endorsed by the NMBA and can practise independently in an advanced and extended clinical role. To be eligible for NP endorsement, a nurse must be a registered nurse with no restrictions on their practice and have 5,000 hours of experience at the advanced clinical nursing practice level in the past 6 years.
The NMBA has developed standards for practice that outline the performance and professional conduct expected of enrolled nurses and registered nurses to obtain and retain their registration. These standards include the duty of care, which requires nurses to act towards others and the public with watchfulness, attention, caution, and prudence, ensuring that their actions meet the standard of care to avoid negligence lawsuits.
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Registered nurses' responsibilities
Registered nurses (RNs) in Australia have a wide range of responsibilities and duties of care. RNs are qualified professionals who have completed an approved program of study to meet the RN standards for practice. They work independently and have more responsibilities than enrolled nurses (ENs).
RNs provide people-centred care, managing services and enhancing health systems. They lead, educate, research, advocate, innovate and shape policy to improve health outcomes. They also promote health, protect safety, and manage continuity in care. This includes regularly recording and interpreting clinical observations such as temperature, pulse, blood pressure and respiration, as well as providing interventions, treatments and therapies in line with an agreed plan of care. RNs may also assist in health education activities and have a duty to report suspected cases of child abuse and neglect.
RNs must be registered with the Nursing and Midwifery Board of Australia (NMBA) to practise legally in the country. The NMBA regulates the nursing profession, ensuring that practitioners are suitably trained and qualified to practise safely. RNs must meet the standards for practice developed by the NMBA to obtain and retain their registration. These standards include expectations of behaviour and conduct, requiring nurses to act with watchfulness, attention, caution and prudence. Failure to meet these standards may result in legal consequences.
In addition, RNs in Australia have specific scope-of-practice considerations. They can practise independently in advanced and extended clinical roles, diagnosing and treating conditions, including prescribing medicines. To be eligible for these advanced roles, RNs must have no restrictions on their practice and have a certain number of hours of experience at the advanced clinical nursing practice level.
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Frequently asked questions
Duty of care in nursing in Australia refers to the legal and professional obligation to provide people-centred, compassionate clinical and social care. It involves upholding the right to the highest attainable standard of health, advocating for equitable access to healthcare, and promoting safe and sustainable environments. Duty of care also encompasses the specific responsibilities and standards that nurses must adhere to in their practice.
The Nursing and Midwifery Board of Australia (NMBA) is responsible for regulating the nursing profession and setting the standards for duty of care. The NMBA works in collaboration with the Australian Health Practitioner Regulation Agency (AHPRA) to ensure that nurses are suitably trained, qualified, and safe to practise.
If a nurse's actions are found to fall below the acceptable standards of care, they may face legal consequences, including lawsuits for negligence. The Nursing and Midwifery Board of Australia takes action to uphold the standards and maintain public trust in the profession.
Duty of care is ensured through a combination of legislation and regulation, and professional standards. The Safe Patient Care Act 2015 sets minimum staffing requirements for nursing and midwifery, recognising that adequate staffing is essential for quality patient care. Additionally, nurses must complete approved programs of study and maintain registration with the NMBA to practise legally in Australia.
Yes, there are different types of nurses in Australia, such as Enrolled Nurses (ENs) and Registered Nurses (RNs), with varying levels of education, responsibilities, and scope of practice. ENs work under the supervision of RNs and have specific duties such as recording clinical observations and providing treatments within an agreed plan of care. RNs have more advanced responsibilities and can practice independently within their scope of practice. The duty of care is upheld by ensuring that each type of nurse receives the appropriate education and supervision to deliver safe and effective care.
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