Australian Capital Territory Numbered Acts

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NURSES (AMENDMENT) ACT 1994 (NO. 47 OF 1994) - SECT 15

Insertion

15. After section 26 of the Principal Act the following sections and Division are inserted in Part IV:

“26A. (1) Where the Board is satisfied that the name of a person who is registered under this Act has been removed from a register kept under a law of a State or another Territory for any reason relating to—

        (a)     conduct of the person as a nurse; or

        (b)     the physical or mental capacity of the person to practise nursing;

the Board shall cancel the registration of the person.

“(2) Where—

        (a)     the name of a person whose registration has been cancelled under subsection (1) is restored to the register referred to in that subsection; and

        (b)     the person applies to the Board to be re-registered under this Act;

the Board shall re-register the person.

“(3) Where the Board is satisfied that the name of a person who is registered under this Act has been removed from any register or roll kept under a law of a place outside Australia for any reason relating to—

        (a)     conduct of the person as a nurse; or

        (b)     the physical or mental capacity of the person to practise nursing;

the Board may cancel the registration of the person.

“(4) The Board may re-register a person whose registration has been cancelled under subsection (3) if the Board is satisfied that it is appropriate in the circumstances to do so.

“26B. (1) Where the Board is satisfied that after a person has been registered under this Act a condition has been imposed on the registration of the person as a nurse under a law of a State or another Territory, the Board shall impose a similar condition on the registration of the person under this Act.

“(2) Where the Board is satisfied that after a person has been registered under this Act a condition has been imposed on the registration or enrolment of the person as a nurse under a law of a place outside Australia, the Board may impose a similar condition on the registration of the person under this Act.

“26C. (1) A person who is registered as a general nurse ceases to be so registered—

        (a)     when the Board gives the person notice that his or her registration as a general nurse has been cancelled in accordance with this Act; or

        (b)     if the registration is conditional and the period of registration is specified in a condition—when that period expires.

“(2) A person who is registered as a mental health nurse or midwife ceases to be so registered—

        (a)     when the Board gives the person notice that his or her registration as such a nurse, or as a general nurse, has been cancelled in accordance with this Act; or

        (b)     if the registration is conditional and the period of registration is specified in a condition—when that period expires.

Division 4—Annual fees

Annual fee payable

“26D. (1) A registered nurse shall, on or before 1 April in each year, pay the Territory the determined fee.

“(2) The Board shall cause to be sent to each registered nurse, not less than 1 month before 1 April in each year, a notice requiring him or her to comply with subsection (1).

“(3) The liability of a registered nurse for a fee payable by him or her under subsection (1) is not affected by a failure of the Board to comply with subsection (2).

“26E. (1) Where a registered nurse does not comply with subsection 26D (1), the Board shall cause to be sent to the nurse a notice requiring him or her to pay the fee due under that subsection by a day specified in the notice and advising him or her that if the fee is not paid on or before that day his or her registration will be cancelled.

“(2) The Board shall cancel the registration of a nurse to whom a notice has been sent under subsection (1) and who has not paid the fee due by the day specified in the notice.

“26F. (1) A person whose name has been removed from the Register for failure to pay an annual fee is entitled to be re-registered if he or she—

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

        (b)     pays the determined fee.

“(2) The entitlement of a person to re-registration under this section is an entitlement to registration on the same terms and subject to the same conditions (if any) as applied to the person's registration immediately before the removal of his or her name from the Register.

“(3) The Board may refuse to re-register a person under this section if it is satisfied that the person is not competent to practise nursing or is not of good character.

“(4) An entitlement to re-registration under this section is subject to the provisions of this Act pursuant to which a person's name is authorised or required to be removed from the Register.”.



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