Report: Legal and Ethical Parameters in Australian Nursing Practice

This report provides a comprehensive overview of the legal and ethical parameters governing nursing practice in Australia. It examines key aspects such as the rights of children in the workplace, the code of ethics and professional conduct for nurses, and the importance of continuing professional development (CPD). The report further explores direct and indirect discrimination, the roles and responsibilities of enrolled nurses, and the implications of equal opportunity legislation. It also addresses patient rights, informed consent, professional indemnity insurance, public liability, and the power of attorney. The report discusses mandatory notification requirements, enrolled nurse competency standards, professional boundaries, dual relationships, re-entry to practice policies, registration guidelines, and recency of practice. Finally, it highlights the legal and ethical obligations of nurses to maintain patient privacy and confidentiality, emphasizing the importance of adhering to the Privacy Act of 1998 and the need for nurses to disclose important information when necessary for clinical decision-making. The report emphasizes the significance of these parameters in ensuring quality patient care and maintaining professional standards within the Australian healthcare system. Additional resources, including past papers and solved assignments, are available on Desklib.

Applying legal and
ethical parameters
to nursing practice

Table of Contents
INTRODUCTION...........................................................................................................................1
Assessment task 1 – Knowledge questions .....................................................................................1
REFERENCES .............................................................................................................................12

INTRODUCTION
The legal and ethical parameters of professional practice are performed by the nurses in
order to assist the rights of client and meeting responsibility of care requirements (Mitchell and
Templeton, 2014). This report will examine the legal and ethical aspects that is taken by the
nurses of Australia so as to provide quality care to the people.
Assessment task 1 – Knowledge questions
1.
a) The children in the workplace is satisfactory as the nurses provide special care to children
when they are not able to decide or speak independently. The nurses make sure that their
perspective is presented by appropriate advocate. The vulnerable people such as children are
identified so as to secure them form sexual exploitation and physical harm. In order to determine
the care of children on the basis of informed decision-making the nurses value the legal and
moral right of people (Parandeh and Nouri, 2015.).
b) The code of ethics for Nurses in Australia is satisfactory as for all people nurses value quality
nursing care. The respect and kindness are valued by nurses for self and others. The diversity of
people is valued by nurses. The informed decision-making is made by the nurses. The safety is
provided by nurses in giving nursing and health care. In order to promote heath and well-being
the economic,ecological and sustainable environment are valued by the nurses.
c) The code of professional conduct for nurses is satisfactory as with practised kindness and
respect for vulnerability and powerlessness of people in their care nurses actively preserve the
dignity of people. The sensible measures are taken by nurses in order to develop a belonginess
among people who are receiving care. The professional boundaries are created by the nurses
between themselves and the person being cared for. All the steps are taken by nurses to make
sure safety and security of person at the health care (Code of professional Conduct , 2011)..
d) The code of practice is satisfactory in the profession of nursing the trust and confidence is
build and maintained by the enureses profession's good reputation is affected by the unlawful or
unethical actions of the nurses. In most circumstances the sexual relationship between nurses and
persons with whom they have previously entered into professional relationship are inappropriate.
e) The continuing professional eduction opportunities is satisfactory as with the help of CPD
the knowledge,competence ,skills of nurses will improve and will become broad. The personal
and professional qualities will be developed which is required throughput the professional lives.
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The CPD requirements are that for registered nurses at least 20 hours,for enrolled nurses
at least 20 hours and for nurse practitioners at least 20 hours for registration as a nurse and
further 10 hour for endorsement. Within the twelve-month period the hours can be counted any
time prior to re-registration. They can ask the association if they are not sure about hours any
particular CDP is equivalent to (Varcarolis, 2016.).
f)The direct and indirect implication is satisfactory as the direct discrimination occurs when a
less favourable treatment is given to person or group of people due to their background or several
personal traits. In Australia,under federal discrimination laws the direct discrimination is
unlawful on protected traits such as sex,marital status etc. Indirect discrimination takes place due
to unreasonable rule or policy which is similar for all but may have unfair affect on people who
share a specific attribute.
g) Towards the nursing assessments,care planning,implementation and evaluation of care for
health consumers the enrolled nurses can contribute. For the plan of care the registered nurses
maintain overall responsibility. With the activities of daily living the enrolled nurse assist health
consumers and change in health consumers is considered by them and report these to registered
nurse. The enrolled nurses need to work in a team in acute settings .A team of health care
assistants is coordinate by enrolled nurses in acute settings under the direction and delegation of
registered nurse. The enrolled nurse can work with registered health practitioner in some setting.
The direction and delegation provide by health practitioner to the nurses. The legal limitations
and ethical parameters of the roles need to be accepted and recognized by the enrolled nurses.
h) The section 145(1) of the equal opportunity act 1984 requires a public authorities to develop
an Equal Employment Opportunity (EEO) management plan. The inequitable access to public
employment is experienced by a range of employees belonging to diversity groups. This law will
free the nurses from any discrimination,harassment and inconsideration from workplace and
provide opportunities for job regardless their age,genders,race etc. This law is satisfactory for
nurses has they will be give equal opportunity at workplace.
I) It is satisfactory as the rights such as right to access service is given to address the needs of
heath are. The safe and high quality health services is given with skill,professional care ad
competence. The respect to people,belief,values and personal characteristics need to be shown
by the care provided. The open,timely and appropriate communication must be provided
regarding healthcare. The personal privacy ned to be maintained .
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(J) Under the mental health act 2014 ,the informed consent of a person need to be sought before
a medical treatment is given to that person. In order to make the right decisions regarding
healthcare and health a clear information will be given. Three important principles on the
consent to ready have been formed by Australian court. The first principle is that the adequate
and proper information must be given to patients. The second principle is on reasonable patients
want the scope and detail of information should be based. The third principle is that information
that is given to patients need to be understood properly by them. At Australia ,informed consent
is satisfactory (Poikkeus and Leino‐Kilpi, 2014.).
k)As per the National law , the nurses and midwives should not practice the profession in which
they are registered unless they hold a proper professional indemnity insurance (PII) arrangements
in context with their practice (Nursing and Midwifery Boards , 2011 ). The arrangements are
done in PII so as to secure the professional practice of nurses. The insurance from civil liability
is provided by PII to the enrolled nurses. A cover fro legal claims for compensation and
connected expenses is included in this insurance. The PII is satisfactory at Australia for enrolled
nurses.
l) The public liability will cover compensation payments and any legal expenses. The
circumstances that have been neglected are covered by this .Any injury or accidental injury the
nurses will be given compensation payment Two-broad categories that falls under this type of
compensation payments are accidental death,bodily injury and property damage or loss. This is
satisfactory for nurses at Australia.
m)
 The power of attorney is legal documents that is provided to the one individuals that
gives the individual the power to act for another individual. The individual here can be
the nurses as the legal authority is given them to make legal decisions regarding the
medical care of patients. This is satisfactory for nurses at Australia,.
 When the person or patients is not bale to make a decisions a medical or health care
power of attorney is a type of advance directive. The living wills are instruction that are
written legally as per the preference of patients for medical care of that person is not bale
to make decision .The guidance to doctors,nurses can be given by the advance directives
when the person is not well,suffering form some serious injury or in the stages of
demnetia. This is satisfactory at Australia.
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 A guardian of the property is considered as a fiduciary of the disable person. In the best
interest of the disabled person a fiduciary is someone who can be trusted. In order to
preserve the property of disabled persons the guardian must act honestly. To handle the
assets and income of the disabled person the broad power is given to the guardian of the
property .This is satisfactory for the state Australia.
n) Under the national law, mandatory notification need to make in order to secure the the
patients or public from being placed at risk of harm and this action should be taken bu nurses on
the sufficient grounds (Guidelines for mandatory notification , 2011). A notifiable conduct must
be reported by the ensures and employers. As being under the influence of drugs or alcohol the
practitioner is not bale to provide reasonable care and skill in the practice of health profession.
This is satisfactory for Australia.
o) In order to review the enrolled nurse competency standards the nursing and midwifery board
of Australia is seeking suitable well-educated and experienced parties. In both role and scope of
practice of enrolled nurse across Australia there have been substantial development due to
development of competency standards for enrolled nurses. In order to make sure that competency
standards reflect contemporary practice and appropriate preparation of education the review have
been provided by the national system of health. This factors is satisfactory (Varcarolis, 2016.).
 A sense of legitimate control in a relationship is given by boundaries to each person. The
limits to the relationship of the nurse are given by profession boundaries. The space
between power of profession and patient's vulnerability is reported by professional
boundaries. The unprofessional behaviours is considered if the nurse crosses that
boundary. In order to meet the wants of patients a safe connection and power is given to
nurses by establishing these boundaries. This is satisfactory for nurses at Australia.
 The nurse and the person who is receiving care should not engage in dual relationships
when the care is optimized. For an instance the nurse should not maintain both personal
and professional relation with the patients. The personal information that is obtained in a
professional capacity need to be treated by nurses as confidential. And the nurses should
not use this private information to gain advantage for themselves. This is satisfactory for
Australia.
 The requirements of people who have previously registered for the post of nurse in
Australia is set out by Re-entry to practice policy. A general registered is seeked to
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follow a lapse in practice of five or six years. The non-practising regulations have been
held for five or six years and now is seek on for general registration. This policy is not
applicable if the person is holding students registration. In order to secure the public the
nursing and midwifery board of Australia ensure that the individual who is registered is
safe and competent to practice. The qualification in mental health nursing is needed or
can have non-practising registration for five or more years. This is satisfactory for
Australia.
 In order to fit into the practice of nurses and midwives the registration guidelines define
the requirements that an applicant need to meet . The nurses or midwifery who are
applying for the practice must not criminal history. They must posses good
communication skills and recency of practice. All this is satisfactory at Australia.
 As per NMBA recency of practice since qualifying or obtaining registration ,a
practitioners have maintained ans adequate relationship with recent practices in the
profession (Code of professional Conduct , 2011). The skills and knowledge have been
used by nurses in their profession so as to give better treatment to patients. In order to
make sure that high standards of patient safety and securing he public by nurses the
recency of practice is applied in Australia. It is satisfactory in the Australia.
P ) The legal and ethical obligations are given to nurses to secure the privacy of people while
giving them care. The privacy act of 1998 is supported in order to maintain privacy and
confidentiality of person health information,In order to provide a competent care nurses where
necessary can inform a person. The important information need to be disclosed in order to make
clinical decision-making by other team of heath care. The consent can be seeded by nurses from
the patients before disclosing any information. It is satisfactory at Australia.
Q) In specific circumstances the mental health act 2014 ensures that information about health
disclosed so as to make sure that people with mental illness receives effective care and treatment.
It is satisfactory at Australia (Code of professional Conduct , 2011).
r) A vision of safe and high quality care for all the population of Austria is provided by the A
Australian Safety and Quality framework for health care. The action that is required to achieve
the visions is set out. In November 2010 this framework was established by ministers of health
for health and safety framework. The quality ans safety plan were made in this framework. The
goals for improving the health service were provided. In safety and quality it can be used a
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guide for monitoring investments and investigation. To enhance the safety and quality the
discussion can be done with customers,managers, policy makers etc. It is satisfactory at
Australia.
s) Ethics are essential for nurses in their profession as they will guide them to differentiate
between right and wrong doing. For individual nursing practice the nurse is response and
accountable. In order to give optimum care to patient the proper delegation tasks with the muse
obligation is determined (LoBiondo-Wood and Yost, 2013). It is the duty of nurses to provide
safe and secure environment to patients. To monitor the community,national the nurse
collaborate with other health professions. The integrity,uniqueness ,diversity of every individual
is respected by nurse while giving them treatment. It is the duty of the nurse to treat all patients
equally. They should try to remove harm and ensure that safe and comfortable atmospheres is
given to patents. The dignity of each person must be respected .It is satisfactory at Australia. For
safety hazards one should monitor the environment. The unsafe environment need to be
improved by the nurses . The privacy of patients need to be protected. The nurse should also
try to preserve their own-self dignity and respect while treating the patients.
t) The two-ethical models can be the quality nursing care for all people is valued by nurses. The
actions are taken by nursed on reasonable grounds in order to give quality care to patients.
Regarding the person's care the nurses are accountable for the decisions. It is necessary that
nurses should have skills and experience to provide safe and competent nursing care.
The second ethical model can be for self and other nurses should value respect and
kindness. The ethical values of individuals in respect with health are need to be respected by the
nurses. It is satisfactory at Australia. The problem cane be identified by gathering information
about the circumstances. It is essential to be objective and specific while doing so. The clarity
can be provided by writing ideas on the paper. The facts,assumptions ,suspicious need to be
outlined. Once the problem is clarified the ACA Code of Ethics should be applied. The
multicultural perspective of the particular case when reviewing the ethical code.
u)
 A unique scope of practice is there in nursing. It is a self-governing profession where
nurses possess a unique scope of practice. The nurses are educated by nursing scholars
fro entering into the practice. It is satisfactory at Australia.
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 Nurses usually see patients as a whole and think in terms of long-term outcomes for
individuals. For doing good for the patiently the beneficence is centred. In order to take
acre of patient the nurse need to be careful. It is satisfactory at Australia.
 The fairness ,equality need to be given in nursing so as to make efficient decision. It is
satisfactory at Australia.
 It is the right of patients that quality service should be given to them any nurses. They
need to be looked at regular intervals. It is satisfactory at Australia.
 This principle is about telling truth. The relevant information about the decision must be
given to make fully rational choices. It is satisfactory at Australia.
2.
a) The handling of personal information about individuals is regulated by the privacy Act
1998.The personal information us the opinion of the recognized persons that is identified
reasonably. The thirteen Australia Privacy Principles(APP) are been included in the Privacy Act.
In order to handle,use and access the personal information the APP set out standards ,right s and
obligations. It is satisfactory at Australia.
b) The My Health Record Act 2012 will enhance the availability and quality of health
information and reduce the adverse medical events occurrence .The duplication of treatment will
also be issued by this Act(Varcarolis, 2016.). By different health care providers the
coordination and quality of healthcare provided to patient will be improved. For the purpose of
providing healthcare to the patients the My record system will make information about the
health care of patients. All the rules and regulation that are registered by My heath record
system are covered in this act. It is satisfactory at Australia.
c) The aged act 1997 will ensue that very human who requires aged care will be given access to
it where it is available,The aged care is affordable will be ensured by this act. No discrimination
on the basis of caste,color,language,culture etc will be done. It is satisfactory at Australia. The
access to care is affordable by the people and will promote a high quality care services.
d) In 1992, the disability discrimination act was passed in the Australia. This act states that no
discrimination will be done to individuals with disabilities in employment,education etc. It is
satisfactory at Australia. They will be given equal treatment at workplaces no discrimination on
the basis of disability will be done to them.
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e) As per the Criminal Code Act 1995,that any person who is indulged in any offense is
punishable accordingly (Gaudine and Beaton, 2016.). In case a individual conspires with another
person then as per this law that person may be fined with 200 penalty units. The offensive or
rude behavior will not be entertained at workplace and if any individual found to be indulging
in such things then it is punishable and they can imprison for this type of behavior at
workplaces. It is satisfactory at Australia.
f) The work Health and safety regulations 2011 will make sure that safe environment is give to
people at workplaces. This law will minimize the risk that is there in the workplace,The proper
ways will be used so as to mange the exposure to the risk. They are also known as model laws .
By requiring duty holder to reduce risk it protects workers and other persons from harm. A
effective and fair consultation and cooperation is provided. In promoting improvements in WHS
practices the union and employer organization are encouraged to take a constructive role. For
continuous improvement a framework is provided. It is satisfactory at Australia.
3.
a) The schedule to the health practitioner regulation nation law act 2009 is set out by this law. It
is satisfactory at Australia.
b) The great help to the community can be provided when medicines and poisons are sued
properly. The laws that can control use of drugs and poisons can be licenses .In this people who
manufacture or supply the medicines will be authorized. Permits can also be used. Under the
Drugs,Poisons and Controlled Substance Act 1981 the licensees and drugs are controlled. It is
satisfactory at Australia (Hamric and O'Grady, 2013).
c)To cope up with the mental health conditions there are two specific legislation .The mental
health act provide details about how the individual can be admitted ,detained and treated in
health care services against their well-wishers which make sure this right are hold correctly. The
another legislation is mental capacity ct allow to make judgment on behalf of a person aged 16
years and the decision must be made in the best interests of that person
d) As per this law, for well-being of the boarder community career makes a substantial
contribution. It is satisfactory at Australia.
e) As per the anti-discrimination law of Australia is unlawful to discriminate ate on the basis of
secured attributes such as age,disability,sex,intersex etc. This will protect the nurses at health
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care as no discrimination would be done on the grounds of protected attributed. It is satisfactory
at Australia.
f) For the young people and children the Children and young people Act 2008 have been passed
to ensure safety of the children. It is satisfactory at Australia.
g) The working with children act 2005 have been passed in Australia so as to check the nurses
that are working with children .It is satisfactory in Australia.
h) The work Health and safety regulations 2011 will make sure that safe environment is give to
people at workplaces. This law will minimize the risk that is there in the workplace,The proper
ways will be used so as to mange the exposure to the risk. They are also known as model laws
(Fain, 2017.) . By requiring duty holder to reduce risk it protects workers and other persons
from harm. A effective and fair consultation and cooperation is provided. In promoting
improvements in WHS practices the union and employer organization are encouraged to take a
constructive role. For continuous improvement a framework is provided. It is satisfactory at
Australia.
4. It was not a proper behaviour as it was a duty of the nurse to ensure that all requirements of
the patients need to be fulfilled. The nurse is not performing its job properly as the nurse need to
be kind and should behave in a good way with the people. It is not satisfactory at Australia
(Greenfield and Jensen, 2016.).
5.The vicarious liability states that registered nurse will be responsible fro that action as per the
concept of liability that states that liability of one party for acts of another party. It is not
satisfactory at Australia.
6. When all the legal procedures have been done then the consent from the client can be
processed It is satisfactory at Australia.
7. The treatment that is required and the signature are the two legal requirements that need to be
identified when writing nursing reports. It is satisfactory at Australia.
8. As per the criminal code of conduct it illegal to abuse or neglect anyone .Strict actions will be
taken against people who are indulging in such things. I will report it to higher authorities about
this incident that has taken place. It is satisfactory at Australia.
9.The registered nurses and the doctors can assist for test and referrals. It is satisfactory at
Australia.
10.
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 a. Ethics helps us to understand the differentiate between right and wrong doing. It is
satisfactory at Australia.
 b. For nursing ethics plays a very essential roles as the nurses will be able to provide
equal treatment to all patients on the basis of ethic. No harm will be done to them and
will promote well-being of individuals. It is satisfactory at Australia.
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a) The civil laws deals with the acts of intentional damage or harm that is done to individuals .It
is satisfactory at Australia.
b) In order to provide significant protection of human right principles such as rule of law
common law is used by Australia. It is satisfactory at Australia.
c) The power is given to both Federal and state parliament to pass laws within statutory laws. It
is satisfactory in Australia.
12. The NSQHS are used to provide quality treatment to patients at the health care. All the
requirements of patients can be identified and on the basis of that treatment is given (Alligood,
2013).
13. The roles of nursing and midwifery board of Australia is to ensure that all the needs of
patients are fulfilled and quality care should be given to them. The decision s need to be made
according to welfare of the patients.
14.
 On the basis of consequence the consequentilaism is depended.. For the moral rightness
of acts it can be applied .It is satisfactory at Australia.
 The choices that are morally required ,permitted etc are denoted by deontological ethics.
It is satisfactory at Australia.
15.
Abortion – It is not a right step and is against the profession of nurses. It is not satisfactory .As
per profession behaviour it should be done .
16. The court system of Australia compromises of federal courts .The high court of Australia sits
at the apex if the court hierarchy. The both appeal for federal and state law is made at Australian
rt hierarchy.
17. The code of ethics and code of professional conduct can be the two sources.
18. If the risks and understanding of patient is included then consent is not completed.
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19. In the express consent the permission to contact them is given through electronic messages.
Over the phone they can be given permission. The prior relationship is made with the contact in
implied consent.
20. The certain kind of death is investigated by coroners .It will help to find out the the
date,place and medical cause of death.
21. The coroners role is to discover what has happened and not to blame anyone. Any death or
murder or accidents can be reported to coroners.
22. If they will win the case then as per privacy act 1998 they have to give fine for disclosing
their private information or can be imprisons for 5-6 years.
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REFERENCES
Books and journals
Alligood, M.R., 2013. Nursing Theory-E-Book: Utilization & Application. Elsevier Health
Sciences.
Fain, J.A., 2017. Reading, understanding, and applying nursing research. FA Davis.
Gaudine, A.P. and Beaton, M.R., 2016. Employed to go against one's values: nurse managers'
accounts of ethical conflict with their organizations. Canadian Journal of Nursing
Research Archive. 34(2).
Greenfield, B.H. and Jensen, G.M., 2016. Understanding the lived experiences of patients:
Application of a phenomenological approach to ethics. Physical Therapy. 90(8).
pp.1185-1197.
Hamric, A.B. and O'Grady, E.T., 2013. Advanced Practice Nursing-E-Book: An Integrative
Approach. Elsevier Health Sciences.
LoBiondo-Wood, G. and Yost, J., 2013. Study Guide for Nursing Research-E-Book: Methods and
Critical Appraisal for Evidence-Based Practice. Elsevier Health Sciences.
Mitchell, G. and Templeton, M., 2014. Ethical considerations of doll therapy for people with
dementia. Nursing ethics. 21(6). pp.720-730.
Parandeh, A. and Nouri, J.M., 2015. Factors influencing development of professional values
among nursing students and instructors: a systematic review. Global journal of health
science. 7(2). p.284.
Poikkeus, T. and Leino‐Kilpi, H., 2014. A mixed‐method systematic review: support for ethical
competence of nurses. Journal of advanced nursing. 70(2). pp.256-271.
Varcarolis, E.M., 2016. Essentials of Psychiatric Mental Health Nursing-E-Book: A
Communication Approach to Evidence-Based Care. Elsevier Health Sciences.
Online
Guidelines for mandatory notification . (2011). [PDF ]. Available
through:<ANFVic_Mandatory_Reporting_Guide_web.pdf>. [Accessed on 12th October 2017].
Code of professional Conduct .(2011). [PDF ]. Available through:<6_New-Code-of-
Professional-Conduct-for-Nurses-August-2008-1- (2).PDF/>. [Accessed on 12th October 2017].
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Nursing and Midwifery Boards .(2011). [PDF ]. Available through:<Nursing-and-Midwifery-
Board---Codes-and-Guidelines---Nursing-practice-decision-flowchart-2013.PDF>. [Accessed on
12th October 2017].
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