Australian Legislation for Nurses

This document discusses the Australian Legislation for Nurses and its relevance to Ms Jones' current care and situation. It identifies the two most relevant and significant Acts or Laws, explains why one of them applies to Ms Jones' current care and situation, and identifies one ethical issue that student registered nurses face when caring for Ms Jones. It also outlines and discusses one strategy that can be used to deal with this ethically challenging situation.

Running head: AUSTRALIAN LEGISLATION FOR NURSES
Australian Legislation for Nurses
Student Name
University Name
Author Note

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1. Identify the two most relevant and significant Acts or Laws relevant to the case
study. Ensure you focus on the current period and situation and that identified
legislation is current and valid in Western Australia.
The case study that has been provided to us, is about a 34-year-old female
named Ms Jones who was part of a motor vehicle accident where her partner
succumbed to injuries and died. She was later tested positive for pregnancy, being
10-11 weeks pregnant. The two most relevant and significant Laws or Acts
relating to the case are, Health Practitioner Regulation National Law Act 2010 and
the Guardianship and Administration Act 1990.
The Practitioner Act aims to protect the public from harm by recruiting
suitable healthcare professionals with optimum training skills, making them
culturally competent by following ethical guidelines promptly (Thomas, 2010). It
also deals with rigorous assessment of overseas healthcare and nursing
professionals who have been recently recruited by the organizations (The Health
Practitioner Regulation National Law Act 2010, 2019). The national law enables
the professionals for a continuous development in their skills in the healthcare
sector for an advanced workforce (Fitzgerald, Burell & Bull, 2012).
The Guardianship and Administration Act 1990 allows the individual to
make decisions on behalf of the represented person by maintaining the quality of
life and protecting them from the risk of neglect and exploitation (GUARDIANSHIP
AND ADMINISTRATION ACT 1990, 2019). In case of a traumatic accident sustained
by an individual, the decision-making ability of the person is hampered where a
certified guardian is needed to make an effective decision. Medical and
accommodation are the only benefits bestowed upon the guardian to make a
decision for the person who is represented.

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2. Choose one of the Acts or Laws you have identified above and explain why it
applies to Ms Jones’ current care and situation. Ensure the Act/Law itself is used to
discuss and analyze why it is relevant and significant.
The acts or the laws that are identified in the previous answer, The Guardianship
and Administration Act 1990, Western Australia is the most appropriate with the case
study of Ms Jones. The mother of the patient is called to the hospital to be there for the
daughter and give necessary information about the results of various assessments. The
section 51 of the Act makes the guardian provide appropriate advocacy for the person
they are representing. As per the section 44 of the Legislation, the person who will be
appointed as the guardian should be over the age of 18 with the ability to make the best
decision for their ward (GUARDIANSHIP AND ADMINISTRATION ACT 1990, 2019).
In the case scenario, Ms Jones has been a part of a motor vehicle accident which
makes her unable to make appropriate decisions for herself. In such a situation like this,
the mother is called to take her valuable opinion on the matter such that the wellbeing of
the patient is maintained. As per the legislation, the mother holds the right to share her
judgment on the operation in regards with the health of the daughter (GUARDIANSHIP AND
ADMINISTRATION ACT 1990, 2019). However, this can be conducted only if the daughter
has made her mother the legal guardian. It was observed in the Act that an individual
needs permission from the represented person to become a legal guardian. It is not clear
whether an agreement was present between the mother and the daughter (GUARDIANSHIP
AND ADMINISTRATION ACT 1990, 2019). Nonetheless, the mother tried to make the nurse
understand the impact, the news of pregnancy, will have on her daughter and restrained
them from sharing the test results.

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3. Identify one ethical issue that you, as a student registered nurse, faces when caring
for Ms Jones during the morning shift.
While providing the patient with a holistic care, the ethical issue faced by the
student registered nurse is to share the results of pregnancy with a need for a femur
operation. Just before entering the room, the mother had taken the nurse aside and
pleaded her to not share the results as this may lead to her daughter making an inefficient
decision. She fears that her daughter will become overwhelmed by the news and reject the
critical operation for her betterment. It is also understood that Ms Jones is unaware of her
partner being killed in the accident. It is the duty of the nurse to share relevant
information of the tests and assessment conducted on the patient to be conveyed. As per
the code of conduct, the nursing professionals are bound to inform the patient about their
medical condition (Kang, 2014). The nurses are obliged to give the patient chance to
make a decision that best suits them. In situations where the patient is in trauma and
unable to make efficient decision for themselves, a guardian is called to help them make a
decision (Mellor & Greenhill, 2014). It is an ethical dilemma for the nurse whether to
listen to the pleading mother or their own professional code of conduct. As because the
registered nurse is a student, this dilemma is likely. There is a certain amount of
inefficiency for the student to comply with the rules and guidelines that have been
designed by the hospital to ensure the delivery of best care to the patient (Mellor &
Greenhill, 2014). It is the duty of the nurses and midwives to conduct themselves in the
organization as per the code that is released by the government. In a critical and
emotionally vulnerable situation like this, the nursing professional faces anguish and
confusion as to what will be the right thing to do.

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4. Outline and discuss one strategy that you may use to deal with this ethically
challenging situation. You can choose either a type of communication strategy or a
conflict resolution technique.
The strategy that can be implemented into the healthcare system to reduce the
prevalence of dilemma in a critical situation like this, effective communication
among the nurse, patient and their family members should be conducted to make it
easier for the patient to make a rational decision. The family members accompany
the patient to provide them with the necessary physical and mental support
(Chapman et al., 2016). The traumatic accident in which Ms Jones is hurt can, in
fact, reduce the ability to make a rationale decision which may hamper the health
outcome of the patient. In this case, the nursing professional should provide support
and communicate therapeutically as per the standard 2 of the NMBA Code while
understanding the needs of the patient and aligning the treatment as per their wishes
(Nursing and Midwifery Board of Australia, 2017). Despite the mother being the
guardian, the patient should be conveyed with the results of the test such that the
professional code of conduct is met. While informing the patient, the advantages and
disadvantages of any decision that they will be making must be conveyed to the
patient such that any form of conflict does not arise.
To help the patient recover from the mental trauma sustained due to the
accident as well as the passing away of her partner can impact her mental stability
for which appropriate mental support groups are contacted and provided with
assistance. Ms Jones had chosen to not undergo the femur fracture operation which
will not be taken nicely by the mother. In this case, there is a likeliness of the patient
being abandoned. This will further deter the mental capability of the patient which
will further reduce the wellbeing of the patient. In these scenarios, support groups

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are contacted which will provide with necessary support to enhance the quality of
life of the patient. However, it can be avoided if the mother is communicated with
enough evidences about the decision that her daughter has taken. The mother should
be made understand about the emotional connection between the daughter and the
baby for which she has taken this decision (Chapman et al., 2016). The importance
of the mother being beside her daughter during this difficult time is crucial. If this
common point between the mother and the daughter is established, there is a
probability of reducing the dilemma in a critical setting for a nurse.

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References
CHANDLER, K., WHITE, B., & WILLMOTT, L. (2019). WHAT ROLE FOR ADULT
GUARDIANSHIP IN AUTHORIZING RESTRICTIVE PRACTICES?. Retrieved 16
September 2019, from
https://www.monash.edu/__data/assets/pdf_file/0008/1416338/06_White.pdf
Chapman, R., Ogle, K. R., Martin, C., Rahman, A., McKenna, B., & Barnfield, J. (2016).
Australian nurses' perceptions of the use of manual restraint in the E mergency D
epartment: a qualitative perspective. Journal of clinical nursing, 25(9-10), 1273-1281.
Fitzgerald, J., Burrell, C., & Bull, P. (2012). Health practitioner regulation national law act
2009: Attitudes and compliance of the chiropractic profession one year
on. Chiropractic Journal of Australia, 42(2), 51.
GUARDIANSHIP AND ADMINISTRATION ACT 1990. (2019). Retrieved 16 September
2019, from
https://www.austlii.edu.au/cgi-bin/viewdb/au/legis/wa/consol_act/gaaa1990304/
Health Practitioner Regulation National Law (ACT). (2019). Retrieved 16 September 2019,
from
https://www.legislation.act.gov.au/View/a/db_39269/current/PDF/db_39269.PDF
Kang, M. S. (2014). The health of “emerging adults” in Australia: freedom, risk and rites of
passage. Med J Aust, 201(10), 562-563.
Mellor, P., & Greenhill, J. (2014). A patient safety focused registered nurse transition to
practice program. Contemporary nurse, 47(1-2), 51-60.

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Nursing and Midwifery Board of Australia. (2017). Retrieved 16 September 2019, from
https://www.nursingmidwiferyboard.gov.au/Codes-Guidelines-Statements/
Professional-standards/registered-nurse-standards-for-practice.aspx
Thomas, L. (2010). The Health Practitioner Regulation National Law Act. Australian
Nursing and Midwifery Journal, 17(10), 21.