Australian Legislation for Nurses

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

1Legislation
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.

2Legislation
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.