Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts24. Sections 38 and 39 of the Principal Act are repealed and the following sections substituted:
“38. The Board may—
(a) cancel the registration or enrolment of a person; or
(b) by order served on the person, suspend the registration or enrolment of the person for such period as the Board thinks fit;
if satisfied—
(c) that the registration or enrolment of the person was obtained by fraud or misrepresentation;
(d) that the nursing qualification of the person has been withdrawn or cancelled by the body which granted it;
(e) that the person has contravened this Act or the regulations;
(f) that the person has contravened a condition to which his or her registration or enrolment under this Act is subject;
(g) that the person has been convicted in the Territory or elsewhere of an offence punishable by imprisonment for more than 1 year or any offence that, in the opinion of the Board, renders him or her unfit to practise as a nurse;
(h) that the person has engaged in canvassing, or employed an agent or canvasser, for the purpose of procuring patients or practice;
(j) that the person is guilty of habitual drunkenness or addiction to a deleterious drug that renders him or her unfit to practise as a nurse;
(k) that the person has engaged in conduct, whether in practising nursing or not, that adversely affects practising nursing by the person;
(m) that the person has engaged in any improper or unethical conduct relating to the practice of nursing;
(n) that the person has failed to exercise adequate judgment or care in practising nursing; or
(p) that the person is not competent to practise nursing.
“39. (1) Subject to subsection (2), the Board shall, when it is satisfied that the mental or physical condition of a person who is registered or enrolled as a nurse renders him or her unfit to practise as a nurse—
(a) cancel the registration or enrolment of the person; or
(b) by order served on the person, suspend the registration of the person for such period as the Board thinks fit.
“(2) The Board may, instead of cancelling or suspending the registration or enrolment of a person, where it is satisfied that the person is fit to give or perform some nursing services and that it would not be contrary to the public interest to make an order under this subsection, by order served on the person direct the person not to give or perform the nursing services specified, whether individually or otherwise, in the order.
“(3) Where the Board has made an order under subsection (2) in relation to a person, it may, if so requested by the person, review the order and, if satisfied that the mental or physical condition of the person has changed since the order was made, amend or revoke the order.
“(4) A person on whom an order under subsection (2) has been served who gives or performs a nursing service in contravention of that order shall, in giving or performing the service, be deemed to be a person other than a registered nurse or an enrolled nurse.
“39A. Where a person whose registration or enrolment as a nurse has been suspended is convicted of an offence against section 43, 44 or 45, the Board may—
(a) cancel the registration or enrolment of the person; or
(b) by order served on the person, suspend the registration or enrolment of the person for such further period as the Board thinks fit.
“39B. (1) Subject to subsection (2), the Board may do any 1 or more of the following in relation to the conduct of a registered nurse or an enrolled nurse:
(a) caution or reprimand the nurse;
(b) order that the nurse seek and undergo medical or psychiatric treatment or counselling;
(c) impose on the nurse's registration or enrolment such conditions relating to practising nursing as the Board considers appropriate;
(d) order that the nurse seek and follow advice, in relation to the management of his or her nursing practice, from persons specified by the Board;
(e) order that the nurse complete specified educational courses.
“(2) Paragraph (1) (e) does not apply in relation to a nurse who obtained registration or enrolment under this Act pursuant to the Mutual Recognition Act .
“39C. (1) Subject to subsection (2), where the Board finds that a registered nurse or an enrolled nurse has failed to comply with an order of the Board under section 39B it may, by order served on the nurse, impose on him or her a fine not exceeding $1,000.
“(2) The Board shall not impose a fine under subsection (1) in respect of conduct for which a court has already imposed a fine or other penalty.
“(3) A fine imposed under this section shall be paid to the Territory within the time specified in the order imposing the fine.
“(4) Where a nurse on whom the Board has imposed a fine under subsection (1) fails to pay the fine by the time specified in the order, the Board may—
(a) cancel the registration or enrolment of the nurse; or
(b) by order served on the nurse, suspend the registration or enrolment of the nurse for such period as the Board thinks fit.”.