Nursing Practice and Legal Framework

This assignment delves into the legal framework and ethical principles that govern nursing practices. It discusses various types of rules, policies, and procedures imposed on nursing actions, emphasizing compliance requirements. The document highlights concepts like advanced healthcare directives (living wills), guardianship, and their significance in ensuring ethical and legal nursing care.

Apply legal and ethical
parameters to nursing
practice

Table of Contents
INTRODUCTION...........................................................................................................................1
QUESTION 1...................................................................................................................................1
QUESTION 2...................................................................................................................................2
QUESTION 3...................................................................................................................................2
QUESTION 4...................................................................................................................................3
QUESTION 5...................................................................................................................................5
QUESTION 6...................................................................................................................................5
QUESTION 7...................................................................................................................................5
QUESTION 8...................................................................................................................................5
QUESTION 9...................................................................................................................................6
QUESTION 10.................................................................................................................................6
QUESTION 11.................................................................................................................................6
QUESTION 12.................................................................................................................................6
QUESTION 13.................................................................................................................................6
QUESTION 14.................................................................................................................................6
QUESTION 15.................................................................................................................................7
QUESTION 16.................................................................................................................................7
QUESTION 17.................................................................................................................................7
QUESTION 18.................................................................................................................................9
QUESTION 19...............................................................................................................................10
QUESTION 20...............................................................................................................................10
QUESTION 21...............................................................................................................................11
QUESTION 22...............................................................................................................................12
QUESTION 23 ..............................................................................................................................14
CONCLUSION..............................................................................................................................14
REFERENCES..............................................................................................................................15

INTRODUCTION
There are various types of legal rules and regulation imposed on nursing practice which
have to follow by them (American Nurses Association, 2010). Members have to understand their
duties and perform function accordingly.
QUESTION 1
1.1
The Australian law define Privacy Act, 1988 which dealing with privacy. According to
section 14 of this act, it consists number of rights which are called as Information Privacy
Principals. Such rules or rights are apply on Government if Australia also on private sector
companies which contracted with legal authorities. Personal information needs to collected
which are relevant to the agency function.
Australian nursing and Midwifery Federation is an company of workers which is
registered under Commonwealth industrial laws (Billings and Halstead, 2015). Such federation is
coved under Privacy Act, 1988. This organization may collect personal information which are
relevant for them.
1.2
The Health Records Act 2012 is able to protect privacy of people. Through this health
information is able to collect which are beneficial for them. So that, members of nursing
practices have to maintain such rules which are imposed on them.
1.3
According to Aged case Act 1997, members of nursing practice are responsible to
provide high quality of care as well as services which are able to protect health of people.
Through this they provide heath and home care to their clients.
1.4
On the basis of Disability Discrimination Act 1992, it has been stated that members of
nursing practice are not able to discriminate people on the basis of age caste race and religious.
They have to provide proper medial treatment to their clients.
1.5

Criminal Code Act 1995, this law is able to protect health of people and reduce criminal
acts. Person got punished under this this if they conduct any crime and protect their clients from
wrongful act.
1.6
Every members of nursing practice have to provide healthy and safety working
environment to their subordinates (Butts and Rich, 2012). Work Health and Safety Regulation
2011 is able to provide growth and development opportunities to nursing practice.
QUESTION 2
2.1
Code of ethics are able to guide members of nursing practices. Nurses have to accept
such ethics while perform their function as professional. Through this they can protect, promote
and provide best quality of services to people (Goethals, Gastmans and de Casterlé, 2010).
2.2
Ethical issue are created in nursing practices which is able to attract attention but along
with this create stress as well. Through this nurses feel so uncomfortable at the time of
addressing such issues as they encounter in patient care.
2.3
Nursing ethics is stands for set of rules, regulation and policies which contract
performance of nurses on daily basis. They have to comply with accordingly.
QUESTION 3
3.1
Consequentialism is able to define results whether they are right or wrong. Good
consequences are able to create better result which are beneficial for them (Greenfield and
Jensen, 2016). Nursing practices have to opted such methods in order to attain their target and
offer better services to clients.
3.2
Deontological is the moral system which are formed by independent moral duties as well
as rules. It is considered as correct motivation for members. As they have to have to perform
function according to moral duties and rules.

QUESTION 4
4.1
The term civil law involves the violation of rights of one person against any other person.
All healthcare professional are bound to follow such rules and policies which are imposed on
them.
4.2
The effective system of courts are able to develop common laws as judicial decision. This
law is also able to provide growth and development opportunities to nursing practices (Lin,
Chung and Yang, 2010). Cited law has been created with the help of cases heard as well as
decided in federal courts.
4.3
Statutes law is able to govern nursing practices. Large number of nurses are not familiar
with the health care laws. As they are responsible to receive proper knowledge about such laws
which are beneficial for them.
4.4
Precedents play significant role in formation and implementation of laws and regulation
which are related to health and care practices of nurses. So that, members are bound to follow
such rules which are imposed on them.
4.5
The law of torts are considered as civil wrong. In case legal injury caused to any person
due to negligence of another person. Then injured party having right to file to case in order to
receive amount of compensation (LoBiondo-Wood, Haber, Berry and Yost, 2013). Such rights
are provided to staff members as well as to clients.
4.6
Negligence is created when one person is responsible to take of one performance but he
failed to do so and injury caused to another person. In nursing practises, nurses have to comply
with their duties. If they failed to do so then they are responsible to pay amount of compensation
to their clients. They have to provide best quality of health services to their clients.
4.7

Assault considered used physical force and bodily harm to other person. Nurse are
professional as they are not able to use assault against any person.
4.8
Battery is considered as intentional negligence which involve punching, slapping,
pushing and much more. By using such things one person done bodily harm to another person.
Nurses are not able to conducted such type of act which are not enforceable by law.
4.9
In nursing practices, nurses have to obtain prior consent form their clients before start
medical treatment. In case patient attain age of adult than receive consent form him but in case
not meet such age than take prior permission from his parents.
4.10
The theories of nursing intellectual capacity are able to conceptualizes the different
sources of nursing which are helpful for them.
4.11
The word incapacity define not able to perform act. Clinical incapacity in nursing
practises are refer to person who is not able to perform function as professional. Organizations
have to appoint person as nurse who complete proper training and able to provide medial
treatment to people.
4.12
False imprisonment occur in nursing practices when patients file wrong case against
nurses and imprisonment imposed on them as well. Furthermore, it is intentional as well as
justifiable detention of person.
4.13
Defamation has been occurred at the time of publication of false statement which reduce
reputation of individual in the eyes of society. Against such act the statement has been passed
which is known as defamatory. Furthermore, it is usually able to meet legal requirements.
4.14
Vicarious liability is an legal term in which one person name called principal is liable for
the act of another person known as agent. In nursing practises Doctors are responsible for the act

of nurses. If any wrongful is conducted by nurses, in that case Doctors are equal liable for the
same case.
4.15
In each and every case there are two parties name called defendant and plaintiff.
Defendant is the person whom against case has been files and he wants to defend himself.
4.16
Plaintiff is the person who is able to file case against any person. He is the person who
got injured due to non compliance act of other person.
4.17
The word harassment stands for exploitation of rights of any person. No person is able to
exploit other. Staff members are able to work equal to working hours mentioned under legal
document. If they done task more than hours then organization have to provide extra payment to
them and receive consent for same.
4.18
Nurse expert witnesses are play vital role in every medical departments. They are
responsible to ensures that members should follow or not legal rules and policies (Maurer and
Smith, 2013). Also they must ensures that medial department provide better quality of health
services to people.
QUESTION 5
There are various types of courts as well as tribunals are available in Australia at federal
and state also on territory levels. High court is considered as highest court. It is the legal body
which are able to resolve matter of parties by provided best and possible to them.
QUESTION 6
National Archives of Australia (NAA) and Digital Transformation office (DTO) are the
two sources that can referenced to access information related to Australian Legislation.
QUESTION 7
In the patient consent every patient has a sound mind to determine what will be done to
his body and he has full right to refuse the treatment.

QUESTION 8
Express consent is stands for that it is voluntary indication which is presented in oral or
written form. It is clearly communicate by person to another. In nursing practices nurse have to
receive prior consent from their clients.
Implied consent is considered as consent which is not discussed by parties. As it is
defined through common mutual understanding. As no need to obtain consent of client in case of
prove better quality of medical services to them.
QUESTION 9
Coroner is the person who is responsible to confirm as well as certify death of
individuals. As they are able to investigate different types of deaths for the purpose of determine
identity of deceased person.
QUESTION 10
Coroner is able to conduct investigation in order to gather information which are related
to deceased person (Toren and Wagner, 2010). Relevant documents, name, address, contact
details and much more are considered as evidence which are important for them.
QUESTION 11
According to given scenario, nurse breached professional duty and rules which are
imposed on them. Also they are responsible to provide proper services to people which are not
provided by them.
QUESTION 12
On the basis of given scenario, student nurse perform function under supervision of
registered nurse. So that, as per rules of vicarious liability principal is responsible to any
wrongful act of his agents. In that case, registered agent is responsible for the act of student
agent.

QUESTION 13
The term oral care stands for provide advice to residents by professional nurses. Through
this they have to maintain proper health functions and offer best quality of medical services to
people.
QUESTION 14
There are two important things must be mentioned while writing nursing reports are as
aligned below-
 Standards for practices which are related to registered nurses.
 Also mentioned clients records which are significant to record.
QUESTION 15
The request has been made to two persons name called substitute decision maker and a
person who is effectively contribute in decision making process.
QUESTION 16
Staff members at work place are not able to abuse any patient. As a practitioner I
observed that neglect occurring with patient. For this reason I imposed penalties on them and
take strict action against them as well (Stuart, 2014).
QUESTION 17
17.1
Nursing organization are able ton provide medical treatment to large number of people.
So that, person who not attain age of majority are considered as minor and not able to work in
such premises. Child labour is completely prohibited in medical departments.
17.2
Code of ethics for nurse define various types of rules and regulation which are imposed
on them and mentioned under law. As nurses are bound to comply with accordingly.
17.3
Code of professional for nurse define role and rules which are opted by them while
perform act as professional. Through this things they can maintain their performance in effective
manner.

17.4
Code of practice define detailed information or data that how members can attain target
and meet standard which are mentioned under Work health and safety laws.
17.5
Continuing professional education is the process of upgrading of knowledge which are
useful in professional activities. Through this process members are able to enhance their skills
and knowledge and maintain performance as well.
17.6
No medical or other firms are able to occur discrimination among employees on the basis
of age, caste, race etc. Higher authorities must ensures that no direct and indirect discrimination
create among members. It create imbalance situation in companies.
17.7
Duty of acre is considered as legal obligation. It is imposed on individual who is
responsible to take of another person. It is responsibility which have to fulfil by such person for
the purpose of attain his obligation.
17.8
Members of medical department are responsible to offer equal employment opportunities
to all age group of people and people of both gender. They have to follow rules of equal pay for
equal work.
17.9
As members have to protect human rights of their patients. Receive best health treatment
is one of the human rights of people. Nurses have to offer better medical treatment to people in
order to protect their rights.
17.10
Informed consent is considered as permission granted which having full knowledge of
possible consequences. Such information must provide by patient to doctor for conduct treatment
in order to identify risks.
17.11

Nursing and midwifery board of Australia is able to offer proper direction to nurses
which are enrolled. Their employers as well as education providers are bound to fulfil
requirements of professional indemnity insurance arrangements.
17.12
Mandatory reporting has been used to define legislative acquirements which are imposed
on different classes of people in order to reduce child abuse. Nursing practices have to perform
function according to requirement of law.
17.13
No person is able to reveal important information and maintain confidentiality. The term
confidentiality is considered as ethical duty which are have tio maintain by every members of
company.
17.14
Open discloser stands for members have to conduct open discussion with members in
order to educate them with harm and risk. Nurses have to provide proper information to their
clients about harm and risks.
17.15
Australian Safety and Quality Framework for Health Care is able to define vision and
mission for safe as well as high quality care for people (Yoder-Wise, P.S., 2010). Through this
organizations are responsible to provide high quality of services.
17.16
Ethical decision decision making model is provide ethical dilemmas which are able to
resolve matter of people by using code of ethics. It is useful in decision making process.
QUESTION 18
18.1
The nurse should think analytically while practising the role of nurses as a professional.
The individual should be engaged in making professional and therapeutic relationship with
maintaining capabilities to serve effective care to patient.
18.2

The professional boundaries are the gaps between the care and power of nurse to the
vulnerability of patient while the nurse is engaged in therapeutic interaction with patient.
18.3
The organisation is developing various guidelines to professional practices like code of
conduct while delivering services to the patient and endorsement to scheduling medicine etc. for
effective care of patient.
18.4
The decision making framework tools of nursing professional defined two parts one
which forms the the decision making tools and other thing is the tools for both the nurse and for
the organisation too.
18.5
Then the decision made by in flow chart are revised and entry is done again to defines
appropriate decisions which is an re-entry to the practice.
18.6
The registration of guidelines are defined tin the flowchart which directs the activities of
nurse in the organisation.
18.7
Recency of practice can be defined as the nurse is able to maintain good practice in the
working environment and made an appropriate connection with practices as professional and
qualifies as to get registration.
QUESTION 19
19.1
Autonomy is the term which define that every medical department are having capabilities
of self governing. As they are able to define rules and follow them as well.
19.2
Beneficence is the term which define research ethics which nursing practices has been
used in social welfare. As this term is able to promote welfare of people.
19.3

Non-maleficence define that it include balancing the benefits which are related to
treatment among risk and costs.
19.4
Justice is the legal theory through which fairness is able to administer. The main concept
of this differ from each and every types of culture.
19.5
Rights is legal concept it involves things which are morally correct. It is morel principals
which are able to maintain standard of people.
19.6
Veracity stands for conformity of facts. They have to obtain accuracy in their
performance which are helpful for them.
QUESTION 20
20.1
According to Health Practitioner Regulation National Law Act, members are able to
provide best possible advice to people and protect their life as well.
20.2
Health (drugs and poisons) legislation is able to provide proper information about use of
drugs and poison. Define disadvantages to them in order to reduce use of such kind of things.
20.3
Mental health legislation is able to provide mental treatment to people. As nurses must
must ensures that department have to follow rules and policies which are mentioned under this
legal proceedings.
20.4
Nursing practices are able to comply with official policies which are able to maintain
performance. Through which organizations can provide best quality of services to their clients.
20.5

According to Anti-discrimination legislation nursing practices are not able to discriminate
people on the basis of their age, caste, race etc. This legal term is able to protect people from
discrimination.
20.6
There are various types of rights of children as well as young people has been mentioned
under Children and young people legislation. As per this legal term medical department have to
provide proper care to their clients.
20.7
In case child labour conduct under premises then members have to follow rules and
procedure which are mentioned under Working with children legislation.
20.8
As per the rules of Workplace health and safety (WHS) legislation nursing practices are
responsible to provide healthy and safety working environment to their subordinates in order to
keep them for long time.
QUESTION 21
According to given scenario, members of aged care facility are not able to released
photos and videos of resident without obtain consent from him. But in case if they do so than
legal authorities imposed penalties on them equal to mentioned under law. For individual 1.7
million dollar and for organizations 3,40,000 dollar.
QUESTION 22
22.1
Abortion is the situation in which ending of pregnancy. It is the process of removing
embryo before the time it can survive outside from uterus. It can occur due to miscarriage as
well. In this situation nurses have to provide proper heather treatment to women.
22.2
In case of living donors, as he may remains alive as well as donates tissue. It is medical
procedure in which organs are transferred from one human body to another. Such process is
conduct by doctors.
22.3

Technology which is useful in terms of achieve pregnancy in effective procedure like
fertility medication which is called as reproductive treatment. It has been used for infertility
treatments. Nursing practices must opted such technique in order to provide better medical
treatment ton people.
22.4
Euthanasia and assisted suicide these are two different concept which are used
interchangeably. Euthanasia considered as intentionally cause death to another person. Assisted
suicide stands for provide means of death through person is ready to commit suicide. Medical
departments are able to obtain some solution for the same.
22.5
Restraint stands for maintain situation under control. Through which nurses are able to
protect people from injury and provide required treatment to them.
22.6
Open discloser is the open discussion which is conducted by nurses with their clients in
order to educate them about harm and risk which are involved.
22.7
Mandatory reporting has been used to define legislative requirement which are imposed
several classes of people. As it define different rules and regulation which are related to nursing
practices.
22.8
All medical premises are responsible to provide best medical treatment to people in order
to provide better quality of life to them. For this purpose they have to use opted different types of
methods and procedure.
22.9
Person who has claimed right in order to refuse to perform or maintain military services
is known as conscientious objector.
22.10
Abuse is the term which is considered as improper treatment of entity. It is the
exploitation of rights. Nurses not able to abuse their subordinates and clients as well. If they do

so then legal authorities having right to file case against and receive better judgement for the
same.
22.11
Consent is the permission of one person in order to conduct any act. So that, nurses have
to receive prior consent from their clients before start medical treatment.
22.12
Artificially prolonging life is related to provide secure and long life. As per the American
Medical Association artificially is considered as treatment which is able to serve prolong life
without underlying various medical condition.
22.13
Decision to withdraw which are related to medical treatment are considered as
commonplace. Furthermore, legal as well as ethical support has been provided in decision
making program. In case of medical intervention it is compulsory to maintain life of patients.
22.14
Steam cell research has been used to prevent disease. The transplant of bone marrow is
considered as stem cell therapy which is used from many years in order to protect life of people.
Nursing practices have to opted such method for the purpose of maintain health.
22.15
Not for resuscitate is able to allow natural death. It is the legal order which has been
passed either by hospital or legal authorities.
22.16
Different cultural and region matter is able to influence decision of families at the end of
life. Related family members and friends are concerned with deceased.
QUESTION 23
23.1
Power of attorney is the written document to represent by one person on behalf of another
in private affairs. As it is the explanation of legal rules or terms.
23.2

The effective directives of advance healthcare are called as living will. It is the legal
document is able to specifies what actions needs to be taken for health care services.
23.3
Guardian is the person who is appointed in order to take effective decision for another
person who is not able to take decision with their own. Guardianship is provided by children or
person who are disabled or not attain age of majority.
CONCLUSION
On the basis of above report, it has been concluded that there are various types of rules,
policies and procedure mentioned under law which are imposed of nursing practises. As they
have to comply with accordingly.

REFERENCES
Books and Journals
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