Qureltslallbr ELIZABETHAE SECUNDAE REGINAE. No. 79 of 1976

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1 920 Qureltslallbr ANNO VICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 79 of 1976 An Act to provide for the establishment of a Board of Nursing Studies, the accreditation of schools of nursing and the promotion and recognition of approved courses of nursing education and training and for related purposes [ASSENTED TO 16TH DECEMBER, 1976] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title. This Act may be cited as the Nursing Studies Act Commencement. This Act shall commence on a day to be fixed by Proclamation.

2 Nursing Studies Act 1,976, No. 79 ()2 i 3. Meaning of terms. (1) In this Act unless the contrary intention appears- " accredited school of nursing " means a school of nursing which is accredited pursuant to section 21 ; " approved course " means a nursing course which has been approved by the Board under this Act and which is or is to be conducted by an accredited school of nursing; " Board " means the Board of Nursing Studies constituted under this Act; " chairman " means the chairman of the Board appointed pursuant to section 7 (2); " inspector" means an inspector appointed for the effectual administration of this Act; " medical practitioner " means a medical practitioner within the meaning of the Medical Act ; Minister" means the Minister for Health or other Minister of the Crown charged at the material time with the administration of this Act: the term includes any Minister of the Crown who is temporarily performing the duties of the Minister; " nursing course " means a course of nursing education, and includes any method or system of training: the term includes such a course designed to train persons for registration under the Nursing Act 1976 as registered nurses in any branch of nursing or part thereof and to train persons for enrolment under that Act as enrolled nurses in any class of nursing; " school of nursing " includes an institution which undertakes nursing courses, a hospital, a college, a school of nursing or a teaching institution (including a college of advanced education within the meaning of the Education Act ). (2) In this Act words importing the feminine gender include the masculine. 4. Appointed day. For the purposes of this Act, the Governor in Council may by Proclamation appoint a day which in this Act is referred to as the " appointed day ". 5. Administration of Act. This Act shall be administered by the Minister and, subject to him, by the Board. 6. Board of Nursing Studies. For the purposes of this Act there shall be constituted a Board which shall he called the " Board of Nursing Studies ". 7. Members of Board. (1) The Board shall consist of a chairman, a deputy chairman and ten other members. (2) The chairman shall be a person qualified to be registered as a registered nurse under the Nursing Act 1976, shall be appointed and hold office under subject to and in accordance with the Public Seri-ice Act and shall devote the whole of her time during working hours to the performance of her duties under this Act. 30

3 922 Nursing Studies Act 1976, No. 79 (3) The deputy chairman shall be the person who holds for the time being the office of Adviser in Nursing, Department of Health and shall be a member ex officio. (4) Subject to this Act, the members of the Board, other than the chairman and the deputy chairman shall be appointed by the Governor in Council by notification published in the Gazette and shall be- (a) one medical practitioner nominated by the Minister; (b) five persons nominated by the Minister of whom at least four shall be registered nurses; (c) one person, as representative of the Department of Education nominated by the Minister for Education and Cultural Activities; (d) two persons, nominated by the Minister from a panel of at least five names nominated by an association or associations accepted by the Minister as representative of the nursing profession; and (e) one person who is a student nurse nominated by the Minister from a panel of at least three names nominated by an association or associations accepted by the Minister as representative of the nursing profession. (5) Nomination of a panel referred to in paragraph (d) or (e) of subsection (4) shall be made within the time and in the manner prescribed or, where not prescribed, as determined by the Minister and, in default of the association or associations entitled to make such nomination doing so as prescribed or as determined by the Minister, as the case may be, the Governor in Council may appoint any person of the prescribed qualifications (if any) as if she had been duly nominated by the association or associations entitled to make the nomination. (6) A person may hold office as a member of the Board in addition to any position she holds in the Public Service of Queensland. (7) A person who has attained the age of 70 years is not eligible for appointment as a member of the Board. (8) For the purpose of appointing members to first constitute the Board appointments may be made at any time after the passing of this Act and shall be effectual appointments notwithstanding that this Act has not then commenced but the term of appointment of the members so appointed shall not commence before the date of commencement of this Act. 8. Tenure of office. (1) The appointment of a member of the Board, other than the member ex officio, shall commence on the date specified therefor in the notification of appointment published in the Gazette. (2) Every member of the Board, other than the chairman, the deputy chairman and the member appointed pursuant to section 7 (4) (e), shall be appointed, save in the case of a member appointed to fill a casual vacancy, for a term of three years. (3) The member of the Board appointed pursuant to section 7 (4) (e) shall be appointed, save where she is appointed to fill a casual vacancy, for a term of one year. (4) Unless her office is sooner vacated as prescribed, a person's appointment as a member of the Board shall be deemed to continue until her successor, duly appointed, assumes her office as a member.

4 Nursing Studies Act 1976, No (5) Subject to this Act, a member of the Board shall be eligible for reappointment if she is eligible for appointment to the Board. 9. Vacating members office. (1) The office of a member of the Board, other than the chairman or the deputy chairman shall become vacant if the member- (a) attains the age of 70 years or dies; (b) becomes bankrupt or compounds with her creditors, or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; (c) is absent without prior leave granted by the Board from three consecutive ordinary meetings of the Board of which due notice has been given to her; (d) resigns her office by writing under her hand delivered to the Minister; (e) is convicted in Queensland of an indictable offence or is convicted elsewhere than in Queensland in respect of an act or omission which if done or made by her in Queensland would have constituted an indictable offence or is convicted of an offence against this Act; or (f) is removed from office by the Governor in Council by notification published in the Gazette on the grounds o.f mental or physical incapacity to perform her duties as a member or because of any conduct which, in the opinion of the Governor in Council, shows the member to be unfit to be a member of the Board. (2) For the purposes of subsection (1) (c), attendance of a member of the Board at the time and place appointed for an ordinary meeting of the Board shall be deemed to constitute presence at a meeting notwithstanding that by reason that a quorum is not present no meeting is then and.there actually held and the names of all members who so attend shall be entered in the minute book. (3) A resignation as member of the Board shall take effect when notice in writing thereof is received by the Minister or on the operative day specified in the notice, whichever is the later. 10. Casual vacancies. If a casual vacancy occurs in the office of a member of the Board, other than the chairman or the deputy chairman, during the currency of her term of appointment another person shall be appointed as a member in accordance with section 7, to fill that vacancy. The appointment of a person appointed to fill a casual vacancy shall continue and be deemed to continue for as long as the appointment of her predecessor had the casual vacancy not occurred. 11. Meetings of Board. The Board shall meet at such times and places as are appointed by the chairman by notice given to the members of the Board. 12. Quorum of Board. The quorum of the Board shall consist of seven members who shall be competent to transact any business of the Board and may exercise all the powers and authorities of the Board. 13. Conduct of meetings. (1) The chairman shall preside at every meeting at which she attends and in her absence the deputy chairman shall so preside.

5 924 Nursing Studies Act 1976, No. 79 (2) Where both the chairman and deputy chairman are absent from a meeting, another member of the Board chosen for the purpose by the majority of the members present and voting shall preside. (3) The deputy chairman or other member who presides at a meeting of the Board in place of the chairman has and may exercise all the powers and authorities of the chairman while she so presides. (4) The chairman or other member presiding at a meeting of the Board is entitled to a deliberative vote on any matter before the meeting and, in the event of an equal division of votes thereon, is entitled to a second or casting vote. (5) The decision of a majority of the members at a meeting of the Board at which a quorum is present shall be the decision of the Board. (6) If a member present at a meeting of the Board and entitled to vote abstains from voting she shall be taken to have cast her vote for the negative. 14. Validity of proceedings. An act or proceeding of the Board shall not be invalidated or in any way prejudiced by reason only of the fact that at the time such act was done or proceeding taken there were vacancies in the membership of the Board not exceeding one-half of the total number of members required to constitute the Board or that all the members for the time being holding office were not present at the meeting at which such act or proceeding was done or authorized or that there is a defect in the qualification, membership or appointment of any one or more of the members who joined in doing such act or taking such proceeding or in authorizing such act or proceeding or of any combination of such facts. 15. Members of Board not personally liable. A member of the Board shall not be personally liable on account of anything done or omitted bona fide for the purpose of the administration of this Act. 16. Committees. (1) The Minister may, upon the recommendation of the Board, appoint persons to form an advisory committee or advisory committees to advise the Board with respect to one or more functions of the Board specified in the appointment. -(2) A person may be a member of a committee formed under this section whether or not he is a member of the Board. 17. Entitlements of members of Board or committees. (1) Members of the Board and members of a committee formed pursuant to section 16 shall be entitled to such fees and other remuneration for attendance at meetings of the Board or, as the case may be, that committee as are approved by the Governor in Council save that a member of the Board or that committee who is an officer of the Public Service of Queensland shall not receive fees or remuneration for attendance at a meeting of the Board or that committee during his ordinary hours of duty. (2) Members of the Board and members of a committee shall be entitled to be re-imbursed such out of pocket expenses necessarily incurred by them in the performance of their duties as such members as are approved by the chairman of the Board.

6 Nursing Studies Act 1976, No Holders of office not affected by restrictive employment provisions. A provision to any enactment requiring the holder of an office to devote the whole of his time to the duties of his office or prohibiting him from engaging in employment outside the duties of his office shall not operate to hinder his holding that office and also an appointment as member of the Board or of a committee formed pursuant to section 16, or his acceptance and retention of any allowance or remuneration payable to a member of the Board or a committee under this Act. 19. Officers and inspectors of Board. (1) For the effectual administration of this Act, the Governor in Council may appoint under and in accordance with the Public Service Act 1922-i973 officers and inspectors who shall hold their appointments subject to and in accordance with that Act. (2) An officer of the Public Service of Queensland may, in addition to the position he holds therein, be appointed to and hold an office for the effectual administration of this Act. 20. Functions of Board. (1) Subject to subsection (2), the functions of the Board are- (a) to advise the Minister, either of its own motion or at the request of the Minister, on developments in nursing education and training and. with respect to the needs of the State in that regard; (b) to recommend to the Minister minimum standards in nursing courses; (c) to foster and develop nursing courses and to keep nursing education under continuous review; (d) to liaise between and co-ordinate nursing courses conducted in the State; (e) to approve a nursing course in a branch or class of nursing being or to be conducted by an accredited school of nursing; (f) to determine the standard to be attained by students for the award of any prescribed certificate as to the successful completion of an approved course; (g) to recommend to the Minister minimum entry requirements to approved courses; (h) to determine the procedures for assessment of students undertaking approved courses; (i) to confer and collaborate with any accredited school of nursing with respect to the nursing courses being or to be conducted by that school; (j) to recommend to the Minister the accreditation. pursuant to prescribed minimum standards, of any school of nursing as an accredited school of nursing for all or part of any approved course and the withdrawal of that accreditation; (k) to furnish to the Minister once in each year a report on the conduct of its affairs during the year last preceding the report; (1) generally to do any other act or exercise or perform any other function necessary for carrying the provisions of this Act into effect. (2) The Board may perform any of its functions referred to in provision (b), (e), (f), (g), (h) or (j) of subsection (1) after the passing of this Act but such performance shall only take effect on and from the appointed day.

7 926 Nursing Studies Act 1976, No Accreditation as a school of nursing. (1) The Governor in Council may, by Order in Council, accredit any school of nursing as an accredited school of nursing for all or part of any approved course. (2) The Governor in Council may at any time by Order in Council withdraw, revoke or vary in those respects as he thinks fit, the accreditation referred to in subsection (1). (3) An accreditation referred to in subsection (1) may be made at any time after the passing of this Act but shall only take effect on and from the appointed day. (4) Without limiting the powers of the Governor in Council under this section, every hospital and other institution or place at which the whole or any portion of any course of learning for the purposes of the Nurses Act of 1964 or that Act as continued in force by the Nursing Act 1976 and which is, immediately prior to the appointed day, an approved hospital or other institution or place under that Act or those Acts, shall from the appointed day be deemed to be an accredited school of nursing under subsection (1). 22. Accredited schools of nursing to keep records. (1) Each accredited school of nursing shall in the manner prescribed accurately keep records of all students undertaking approved courses, such other records relating to those courses, the content of each course, the progress of each student and such other particulars in each case as are prescribed. (2) Each accredited school of nursing shall keep such other records and particulars as the Board in relation to an approved course considers necessary or desirable. 23. Accredited school of nursing to permit inspection. (1) Each accredited school of nursing shall permit an inspector or other person authorized in that behalf by the Board to enter at all reasonable times, the premises of such school wherein an approved course is conducted and therein to inspect all documents, papers and records relevant to such course and such other documents as may be necessary to ascertain the standard at which such course is being conducted, the progress of the students and any other matter which the Board considers relevant to the purposes of this Act. Each accredited school of nursing shall forthwith upon demand by an inspector or other such person produce to that inspector or person all relevant documents, papers and records. (2) Each accredited school of nursing shall at all reasonable times make the teaching staff of that school available to an inspector or officer of the Board or other person authorized by the Board for the purposes of discussing any matter relevant to the objects and purposes of this Act. 24. Accredited school of nursing to issue certificate etc. Upon a person successfully completing an approved course conducted by an accredited school of nursing, the governing body of that school shall confer, grant or issue to that person. a degree, diploma or certificate in the prescribed form. 25. Board may arrange examinations. In order to assist an accredited school of nursing in the conduct of an approved course the Board may- (a) determine the character, subjects and conduct of examinations; (b) appoint examiners in respect of such examinations; and

8 Nursing Studies Act 1976, No (c) appoint a place where and a time when such examinations are to be held. 2b. Regulations. (1) The Governor in Council may make regulations, not inconsistent with this Act, providing with respect to- (a) the proceedings of the Board; (b) the appointment of examiners in respect of examinations for the purposes of this Act and the fees payable to examiners; (c) the nature of any nursing course to be an approved course; (d) the content of approved courses and the standard thereof; (e) the conditions under, the name in, and the periods for which approved courses may be conducted; (f) the attesting of documents by or on behalf of the Board; (g) the entry requirements to approved courses; (h) the supervision of students undertaking approved courses; (i) all matters required or permitted by this Act to be prescribed and in respect of which the manner of prescription is not specified; (j) all matters that in his opinion are necessary or convenient to be prescribed to achieve the objects and purposes of this Act. (2) Regulations may be made on the passing of this Act.