Legal and Ethical Parameters Influencing Nursing Practice in Australia

This report provides a comprehensive overview of the legal and ethical considerations that govern nursing practice in Australia. It delves into key aspects such as the legal framework, including relevant legislation and regulations impacting nursing practice, and the ethical principles that guide nurses' conduct. The report explores the Code of Ethics and Professional Conduct for Nurses, emphasizing the importance of patient rights, informed consent, duty of care, and professional boundaries. It also examines the role of the Nursing and Midwifery Board of Australia, mandatory reporting requirements, and the implications of discrimination in the workplace. Furthermore, the report addresses life and death issues, including power of attorney, living wills, and guardianship, as well as the importance of professional indemnity insurance. Finally, the report covers the application of National Safety and Quality Health Service (NSQHS) Standards and the various clinical situations that may present nurses with ethical dilemmas.

LEGAL AND ETHICAL
PARAMETER TO
NURSING PRACTICE

Table of Contents
1. Legal and ethical considerations of nursing profession which are implemented in nursing
practice of Australia....................................................................................................................3
2. The following pieces of legislation and regulation impact nursing practice........................12
3. Legislation impact on nursing practice: ...............................................................................13
4. Two professional aspects breached by Nurse in given scenario...........................................14
5. Scenario.................................................................................................................................14
6.Scenario..................................................................................................................................14
7. 2 legal requirements which are applied when writing nursing reports. ...............................14
8. Abusing Patient.....................................................................................................................14
9. Involvement of health care staff............................................................................................15
10. Ethics...................................................................................................................................15
11. Law......................................................................................................................................15
12. Application of National Safety and Quality Health Service (NSQHS) Standards..............17
13. The role of Nursing and Midwifery Board of Australia. ...................................................17
14. Theoretical concepts...........................................................................................................17
15. Various clinical situations will leave you in an ethical dilemma........................................17
17. 2 sources to accessing information of Australian legislation..............................................18
18. 2 requirements of obtaining a valid consent. .....................................................................18
19. Difference between implied consent and expressed consent..............................................19
20. Functions of the coroner in relation to a healthcare event..................................................19
21. Evidence required for corner...............................................................................................19
22. Civil penalty under Privacy act...........................................................................................19
REFERENCES..............................................................................................................................20

1. Legal and ethical considerations of nursing profession which are implemented in nursing
practice of Australia.
a) Children in the workplace
In Australian the Legal framework of regarding Nurses at eat care centre is focused on
behaviour of nurses with children at workplace. The ethics states that no nurse is allowed to
behave impulsively with children in case of vulnerability (Stuart 2014). Nurses are liable to treat
children with patience. The ethics and legal practices of Nurses in Australia are developed to
serve quality nursing experience to children at health care centre.
b) Code of Ethics for Nurses in Australia (Nursing and Midwifery Board of Australia
Code of Ethics for Nurses in Australia are enabled by the government to set ethical and
legal standard for nurses to deal patients at health care centre. Further, the code of ethics for
midwives are set by midwifery board of Australia to deliver relevant maternity services in which
the nurses are trained to understand the diversity of people (James, Nelson and Ashwill 2014).
Moreover, that Midwives should serve quality services and care to woman and her new born
child. Thus, it also emphasizes on behaviours in which nurses are liable to behave and treat self
and other individual with respect and kindness.
c)Code of Professional Conduct for Nurses (Nursing and Midwifery Board of Australia
Professional code of Conduct set by Australian Nursing Board are as follows:
 Nurses should be working under healthy and safe working condition.
 Nurses should practice all standards of
Profession formulated and implemented by Australian health system.
 Nurses should practice their work under legal framework set by Australian government.
 Nurses should understand the responsibility of professional standards which aims at
enhancing safety of patients at health care centre (Johnstone 2015.).
d) Codes of practice

Australian board of Health system has developed code of practice which are necessary
for nurses to implement in their professional life at health care centre which states Nurses need to
practice basic health care codes such as:
 Delivering quality services to individual at health care centre.
 To treat individual with respect and kindness.
 Instant decision making (Furrow and et.al., 2014).
 Ethical management of confidential information.
 Nurses are liable to promote and maintain sustainability of health care centre.
e) Continuing professional education opportunities and mandatory CPD requirements for nurses
The Australian board has clearly determined and defined continuing professional
development plan in which it has some set of rules and regulation which are mandatory for
nurses to follow like,
 20 hours of working for registered nurses.
 20 hours of working for enrolled nurses which is divided into 2 shifts.
 20 hours of working for registered midwives.
 20 hours for practising nurses excluding 10 hours of endorsement.
Besides, in this health care centre provides education information and training to Nurses
in order to enhance their level of understanding (O'byrne, Holmes and Roy 2015).
f) Direct and indirect discrimination and its implications.
Discrimination has become the part of system which is increasing biasness and
inequalities in the country. Further there are two types of discrimination faced by Nurses at
Australian Health care centres which are as follows:
Direct discrimination in Healthcare centre can be when the nurses are being treated
unequally by management in terms of time work or anything.
Indirect discrimination is when the nurses are asked to work overtime without any pay or
work. It can be done in many ways like, by scolding and insulting in front of colleagues or
patients (Norman and Ryrie, 2013).

Therefore, to avoid such practices the Australian board has defined set of rules, ethics and
practices which decrease the chances of discrimination. The board has policies and procedures in
which there is clear set of procedure of work and time for every type of Nurse which reduces the
chance of developing inequalities.
g) Duty of care of an enrolled nurse
It is the duty of Nurses to follow duty of care which are formulated to protect the right of
individual at heath care centre. The Australian Board has clearly defined duties for enrolled
nurses which are described under:
 Nurses are trained to quickly respond to the situation.
 Nurses are liable to respond to colleagues in case of any emergency.
 Nurses should always be present wit the patient (Fortinash and Worret 2014).
 Most importantly the nurses are liable to improve their quality of delivering service until
death.
 Respond with kindness and respect.
 Nurses should maintain calm and harmony within the health care centre.
 Nurses should understand the criteria of reducing isolation, fear and anxiety from
individuals mind.
H) Equal employment opportunity (EEO)
Equal Employment Opportunity (EEO) are established by Australian board at health care
centre to make environment free from discrimination, harassment and inconsideration of
providing job opportunities which are available for every skilled and capable nurses regardless of
sexual preference, disability, gender, age, race, marital or parental status and religion. Beside, the
organisations are also liable to comply with the regulations enforced by government of U.S.
Which is Equal Employment Opportunity Commission (EEOC).
I) Human rights including access to healthcare

Human rights are related to each other in context to freedom and rights and are equal for
all the citizens of the country. The humans which are implemented at Australian health care
centre to support and protect the rights of individuals which are described under:
 Nurses are provided safe and environment to work in which the individuals are liable to
speak for their rights and allowed to enjoy liberty and life keeping the environment of
health care (Weiss and Tappen 2014.).
 Provided access to quality food and water and shelter.
j) Informed consent
It plays a vital role as it is the core duty of nurses to maintain the procedure of informed
consent which is maintaining appropriate record and documents of patient under defined
procedure of health care centre. Further, informed consent assist Nurses in keeping a record of
all health care facilities and amenities (Hood 2013.). Thus, most important it is the core duty of
nurses to keep patients and its family informed about all the procedure and medication regarding
the health of individual in which the Nurses are liable to take sign of people handling patient but
the individual should be of at least 18 years.
k) Professional indemnity insurance arrangements for enrolled nurses
The Nursing and Midwifery Board of Australia (NMBA) enacts the rules set by the
Health Practitioner Regulation National Law. Further, NMBA regulates the practice and ethics
of midwives and nurses in health care centre. Te ultimate motive of enacting this is to protect the
rights of individual at hospitals. The NMBA keeps developing standards, guidelines and code of
ethics which are mandatory to be followed by Midwives and nurses. Moreover, section 129 of
the National Law, in which nurses must not practise the profession in which the individuals are
not registered unless appropriate professional indemnity insurance (PII) arrangements are in
force in relation to ethics and services. This section is enforced to reduce the risk of decline in
quality of services in health care centres.
l) Public liability insurance arrangements for enrolled nurses.
Australian board has set some rule to protect the right of individual to whom nurses andle
outside hospital which are as follows:

 In these hospitals monitor over all the activities of nurses regarding patient like its,
continuous observing, maintaining records about patients health and administering
medication prescribed to individuals.
 Moreover, the enrolled nurses work under registered nurse in which the nurses are liable
to report about patients detail to registered nurse of health care centre (Basevi, Reid and
Godbold 2014).
 The rules of nurses in rural areas a little different because areas are distant and isolated
and therefore the nurses are allowed to take decision in case of emergency.
m) Life and death issues:
• Power of attorney
In this the Nurses are trained to get the documents signed in which the health care centre
clearly states about patients health conditions. The documents include all the specific details
about patient and its family. Moreover, the nurses at Australian health care centre are liable to
mention detail about every diagnosed report of patient which helps the individual in making
mind for signing Attorney because the system of signing power of Attorney emphasize on
making family of patient clear that in case anything happens to patient in between or after
operations the doctors and hospitals are not liable for the same. For this process, Nurse has to
make sure that the person who is signing the papers is responsible and is in close relation to
patient like, its mother, father, wife, husband, brother and sister above 18 years of age.
• Living wills and advanced directives (advanced care plan)
After diagnosis of Patients situation and health, the nurses share appropriate information
regarding Advanced treatment which is required to be given to individual. In this the Nurses are
trained to choose some responsible member of family because while treatment sometimes patient
looses its will of recovering and living (Sanko, Mckay and Rogers 2016. ). It is important for
nurses to determine every possible strategies which can help the individual in recovering.
• Guardianship
It is important for the Nurses to report to guardians about patients health and records as it
assist them in determining the recovery of individuals. Moreover, the Australian board has

determined that Nurses act as a guardian of patient in case there is no family member to look
after (Alspach 2013).
n) Mandatory reporting
Mandatory reporting is the factor which ensures that the health practitioners need to make
disclosure of every information about patients health to its immediate guardians and family
members. The process assists the nurses and health care centre to prevent risk to the health of
patient and harm to organisations reputation. Te report guidelines includes:
 Voluntary notification: In this the health practitioners have to disclose every detail
about behaviours of individual and risk involved in conduction health operations.
 Notifiable Conduct: This conduct is enacted under National law of section 140 which
states that no practitioner of health care employee can intake Alcohol and drug during
practice (Baldwin and Barker 2013).
o) Nursing and Midwifery Board of Australia nursing practice guidelines, standards and fact
sheets: Enrolled nurse competency standards for practice.
It mandatory for Australian heal care centre to comply with the given guidelines,
standards and statement of fact sheet in order to ensure stability of working environment
(Position statement on the role of nurses and midwives in a national emergency 2017). Some
basic standards, policies and guidelines which are followed by Health practitioners are described
under:
Standards
 In this the nurses have to think critically about every situation at health care centre
 Health practitioners should only engage in professional relation with employees and
patients at health care centre.
 Nurses should have capability and skills of practising (Veatch and Ross 2014).
 Professional boundaries 90 words
Professional practice guidelines

 Under National law Australia, the health care centre should provide regular training and
development session to Nurses and midwives.
 Moreover, under this law the Hospital are liable to make sure that Nurses are
performing their duties and functions with complete effectiveness and efficiency.
Decision-making framework (DMF) including the nursing flowchart
The decision making flow chart followed by Australian Nurses comprises, Scope of
practice, Capacity of heath care organisation, Training and development, Accountability,
confidence, experience, support, risk management, Integration, supervision and legal authority
and regulations. The factors ensure that the decision taken by Nurses in case of emergency are
beneficial and appropriate according to the situation of individuals (Koutoukidis, Stainton and
Hughson 2016.).
Re-entry to practice
The re entry policy applies to people who once are registered under practising health care
services in Australia and are searching for general registration because of lapse in practice for
five or more tan 5 years. Further, it also allows people seeking for registration who have not
practised but have registered. Thus, it also assists individual who holds core knowledge and
qualification regarding mental and physical health.
Registration guidelines
For registering under practising at health care centres, an individual should follow basic
guideline's which are as follows:
 Person should not hold any record under criminal activities.
 Individual should understand English language and should be eligible to properly
communicate in English (Fortinash and Worret 2014).
 Person should be qualified as per the practice requirement.
 Individual should agree to all the policies mentioned under Continuous professional
development.
 Health practitioner should follow the rules of Endorsed practising nurse which ensures
that person should deliver satisfactory professional performance.

Recency of practice fact sheet
This states that nurse should maintain adequate connection with recent practices of profession
from day of qualifying and registered. In this the Practitioner is liable to perform its function
effectively without expecting any kind of remuneration and appreciation.
p) Privacy and confidentiality
It is the duty of Nurse to keep the information and diagnosis of patients confidential and
is liable to share them wit one or two close family members. Misleading and misinterpretation of
Patients information is a punishable offense under the justice system of Australia.
q) Disclosure of health information
Further, it is important for Health practitioners to disclose every basic detail about
patients health to its family members. Informing about all the process and medication assist the
nurses in maintaining the among between heat care centre and reduces the chance of risk.
r) Australian Safety and Quality Framework for Health Care.
Australian health care organisations aims at providing safe and high quality of services to
individuals in which it sets about various action to attain the determined objectives. The system
is consumers based in which the ultimate aim of the firms are to deliver healthy and safe
environment to patients.
s) Policy frameworks for nursing practice, e.g. Social media policy
Social media provides plat form to the individual to share opinions, views, knowledge,
experience which can be beneficial for the organisation. Social media creates a reminder to
Health practitioners about various changes which are necessary to be implemented in practice.
Moreover, the national law also complies with the guidelines provided by social media which
establishes restriction about advertising done by Health practitioners. Further, it sets relevant
codes of conduct for connection wit people trough social media. These social media policies are
beneficial in developing understanding about individual roles and responsibilities regarding
practising at health care centre. Apart from this, This policy was developed jointly by the
National Boards of Australia assist practitioners to understand their restrictions, duty and
responsibility towards the firm for which the individual is working.

t) Ethical decision making models
The Australian heath care practitioners uses 2 ethical decision making model which are:
 Participative decision making process: In this the Nurses gave clearly defined steps to
identify and evaluate the problems and loopholes in order to improve efficiency and
effectiveness in their work. This involves 2 steps of decision making in which the
individual first focus on defining problems after which the practitioner implements
various kinds of strategy like, forecasting, market analysis, targeting, advising, seeking
expertise solution, evaluating data. At last the individual develops the best solution to
problems (O'byrne, Holmes and Roy 2015).
 Venn Diagram Model: The Australian Heath care centre uses this model to analyse
various ethical solution of practitioner problem. This model provides 3 mixed step
solution in which it includes Ethical responsibility, Economic responsibility and legal
responsibility. Making use of this model to determine solution helps the organisation in
discovering appropriate solution which includes all the responsibility which a practitioner
and health care centre should follow.
u) Contemporary ethical concepts and principles in nursing.
Implementing the use of ethical principles assist the health care organisation inn
establishing equal and stable working environment for all Nurses. Some ethical principles which
are implemented in Australian health care centre are as follows:
Autonomy: In this the health practitioners have right to make own decision in case of
emergency.
Beneficence: In this Nurses ensure that their work and practices are for good purpose and
not harming the rights or health of any individual.
Veracity: Under this principle, the nurses are liable to disclose every basic detail about
the health of patient to its immediate guardian that is telling truth without playing tactics (Basevi,
Reid and Godbold 2014).
Non-maleficence: This ensures that no harm or interruption is created in lives of patients
at health care centre due to functioning of nurses.

Justice: This principles ensures tat Nurses should maintain appropriate relation and
behaviour with the individuals at heath care centres.
2. The following pieces of legislation and regulation impact nursing practice.
a.a) Privacy Act 1988 (Commonwealth)
This act in Australia aims promoting the protection of the privacy of individuals at health
care centre. Further it is implemented in Australian heath cares to provide base for nationally
consistent legislation of privacy and handling of confidential and personal information of
individual. Moreover, it is beneficial in establishing responsible and transparent process of
handling personal information by health practitioners.
a.b) My Health Records Act 2012 (Commonwealth)
This act in Australian health care centre assist Nurses in overcoming the fragmentation of
patients health information. Further, it is implemented to improve the availability appropriate
information regarding patients health conditions. Besides, it is beneficial in reducing occurrence
of adverse and duplicacy in medication situations. Thus, it is used by Australian heath care
system to improve the coordination and quality of healthcare services provided to health
practitioners to patients.
a.c) Aged Care Act 1997 (Commonwealth)
This act is implemented in Australian Hospitals to maintain adequate supply for fund for
aged care and to deliver high quality of care and accommodation facilities by Nurses of Aged
people in the centre. Further, it helps the organisation in protecting the health and well- being of
aged people and it also ensures that services delivered old people are diverse, quality, flexible
and responsive.
a.d)Disability Discrimination Act 1992 (Commonwealth)
This act in Australia Health care system aims at protecting the rights of individual against
discrimination on the basis of disability like, work, education, Knowledge, access to premises,
accommodation, goods, services and land. Further, it ensures that persons with disabilities share
equal rights of equality at all levels of society.
a.e) Criminal Code Act 1995 (Commonwealth)