Nursing Law

Q 1. Chose the correct words to complete the following paragraphs related to the law in Australia.
organisations
statute
compensation
parliaments
High
Coroner’s
restitution
common
tort
precedents
Youth
Supreme
sources
Health Practitioner Regulation National Law (South Australia) Act 2010
In Australia we have two [ ] of law. Some of our law arises from [ ] law or legislation – this is law made by the [ ]. People may refer to these laws as statutes or Acts. An example of an Act that applies to Enrolled Nursing practice is the [ ]. Other laws arise from [ ] or case law. These are based on the principles used by judges, in the past, to make decisions when considering similar cases (called [ ]).
Law can also be described as criminal or civil law. Civil law focuses on disputes between people and/or [ ]. Many civil cases in health care arise when a [ ] is committed, which can be defined as an act that causes harm to another person or organisation. Usually if the case is proven [ ] is ordered, for example the payment of money or [ ].
In Australia, the courts are arranged in a hierarchy with the [ ] court being the final court of appeal. The [ ] Court is an example of a court that deals with cases related to the state of South Australia. Other South Australian courts include the [ ] Court, which hears cases concerning children up to the age of 18 years and the [ ] Court.
Q 2 Choose the correct words to complete the following paragraphs related to the law in Australia.
Battery
unable to practice
false imprisonment
Defamation
Holding out
assault
removal from register
As a nurse, you are required to register with AHPRA on an annual basis. Registration is due by the 31st May each year. If no application is made for renewal of registration the consequence for late renewal (post one month) is [ ] and being [ ]. The term relating to this is called [ ] and the nurse is unable to work in any health setting. AHPRA may also enforce a financial penalty along with registration loss or restrictions.
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Nurses may become involved in civil cases. An example is the tort of trespass. This includes
[ ], for example, threatening to touch a person when they don’t want you to and [ ] when unwanted physical contact is made. The tort of trespass can also include [ ], for example applying restraints without following the proper policies and procedures.
Other torts include [ ], where something said or written harms the reputation of another person and negligence.
Information for Q 3 & 4
Read the document below, consider the scenario, and then answer the questions below.
Department of Health 2017, Guide for aged care staff – compulsory reporting, Commonwealth of Australia, viewed 23 May 2018, <https://agedcare.health.gov.au/ensuring-quality/aged-care-quality-and-compliance/compulsory-reporting-for-approved-providers/guide-for-aged-care-staff-compulsory-reporting>
Scenario:
You are working as an Enrolled Nurse in an aged care facility. You are caring for Mrs Green and are to perform a wound dressing on her leg. You notice bruises on her legs when you take the dressing down. When you ask her how this occurred, she was quite frightened but stated, “The nurse on the night shift is always angry and pushes me from side to side of the bed as I can’t get out of bed during the night. I ask to go to the toilet and all she does is scream at me and then I wet my bed and that makes her angrier”.
Q 3 In 50 words, explain the legislation (Law) that protects Mrs Green as an aged care resident.
References:
Q 4 Choose 3 actions that you could take as an Enrolled Nurse in this situation:
a. Report directly to the Australian Department of Health and the local police if you are not comfortable reporting to the employer
b. Notify the Department of Aged Care
c. Report your suspicions to the Registered Nurse on duty
d. Allocate different staff to care for Mrs Green
e. Wait to see if it happens again before reporting the incident
f. Document in the clients notes your observations
Information for Q 5 – 7
Child abuse happens every day in our communities and the effects of child abuse can be deep and long lasting.
Abuse may be in the form of: physical, sexual, emotional abuse & neglect. Look at the following link as it provides information on the indicators of abuse.
Department for Child Protection (n.d), Indicators of abuse or neglect, Governmen

Scenario:
You are working on the weekend in a SA Health facility and looking after Sophie. She is a 6 year old girl, who lives with her parents and two brothers, 15 year old twins. The family emigrated from Holland 2 years ago and Sophie has never been admitted to your hospital before. Her past history includes having her adenoids removed when she was 2 years old but no past medical history. Her immunisations are up to date. She has broken her arm after falling off a bike. When helping her with her wash you notice she has welts on her buttock and two burn marks on her right leg. (She states her father has smacked her as she and her brothers were annoying her the other night.)
Q 5
According to the Child Protection – Mandatory Notification of actual or suspected child abuse or neglect (0 to 18 years) Policy Directive what action do you need to take after you have discovered the welts and bruises?
Q 6
Summarise the identification details about Sophie that would need to be included if you were making a notification.
Reference your answer.
Q 7
The Registered nurse you are working with tells you that they have known the family for a year and the welts and burns are because she likes to play with her older siblings and that she is somewhat accident prone. They tell you there is no need to document or report your findings.
According to the hospital policy and the Children’s Protection Act 1993 (SA) explain why you would/would not comply with the RN instruction.

Q 8
As an Enrolled Nurse working in South Australia, there are guidelines that are in place to enable a safe working environment. Examples of breaches of these guidelines are found in the AHPRA Mandatory notifications guidelines for registered health practitioners (2014) (Link: http://www.nursingmidwiferyboard.gov.au/Codes-Guidelines-Statements/Codes-Guidelines/Guidelines-for-mandatory-notifications.aspx)
List 2 examples of notifiable conduct that should be reported to AHPRA for investigation.
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TAFE SA Student Written Assessment Version 3.0
HLTENN008 Assessment 2 The law & Nursing – Student 201810 Version 1 ©TAFE SA
RTO CODE 41026 | CRICOS 00092B
Q 9
Match the following situations you may encounter as an Enrolled Nurse with the relevant legislation that will guide your practice.

Situation
Relevant legislation
Administering an antipsychotic medication to a person who says they don’t want it, but they are under a Level 1 Community Treatment Order
Controlled Substances Act 1984 (SA)
Asking a person to sign an Agreement of care that includes the following text”:
“I consent to the release and exchange of information by staff to other health and welfare providers and relevant others involved in my care. I understand that such information may be used for statistical and Audit purposes.”
Criminal Law Consolidation Act 1935 (SA)
A Registered Nurse was investigated and found guilty of bullying after he repeatedly demonstrated unreasonable behaviour towards nursing students on Clinical Placement
Mental Health Act 2009 (SA)
Work Health and Safety Act 2012 (SA)
You hear that a nursing colleague has been charged with possession, after morphine was found in her handbag.
Privacy Act 1988 (Cwlth)
You see on the news that a nurse has been charged with assault. They were trying to dress an elderly woman with dementia, who was objecting violently. They twisted the woman’s ear so hard it needed stitches.
Criminal Code Act 1995 (Cwlth)
A person you are caring for has concerns about their latest results being able to be seen online by all their healthcare providers.
My Health Records Act 2012 (Cwlth)
Gracie, who has cardiac disease related to Down Syndrome, is pregnant as a result of a sexual assault. Her parents want the pregnancy to be terminated due to the risk to her health. They will need to apply to the South Australian Civil and Administrative Tribunal (SACAT) for permission.
Guardianship and Administration Act 1993 (SA)
A nurse makes a false statement in a statutory declaration to AHPRA
Work Health and Safety Act 2012 (SA)
Information for Q 10 – 12 Review what you have learnt about the Coroner’s Court and the Coroners Act 2003 (SA) and answer the following questions.
Q 10 Mr Brown had his gallbladder removed in surgery at 0800. His health deteriorated from 1200 and he died at 1700 on the day of his surgery.
In this situation, according to the Coroners Act 2003 (SA), the Coroner may: (Choose 2)
a) Contact Mr Brown’s relatives to let them know he had died
b) Decide if it is necessary to hold an inquest to determine the cause and circumstances of the death
c) Decide if a post-mortem examination (autopsy) is required
d) Organise a funeral director

Q 11 Match the following people with their role at a Coronial Inquest:
Person
Role
The Coroner
Provide specialised knowledge on a specific question related to a person’s death
Witness
Determines the cause and circumstances of death and makes recommendations, which may prevent similar deaths occurring in the future.
Police officer assigned to the Coroner’s office
Give evidence of what they know about the death from their own experience
Expert witness
Present statements taken from witnesses
Q 12 Nurses can be called to give evidence to the Coroner. What advice would you give to a nurse in this situation?
Reference your answer.
Qu 13
You are at a barbecue with a group of friends and a friend’s brother starts discussing a health issue they have. He asks you what you think of the condition and whether you can recommend any advice. What 2 responses would be appropriate for this man? a) Politely advise you’re not on duty b) Give them the answer they need in regards to their medication condition c) Let them know that if they’re concerned about their situation to make an appointment with their doctor d) Google the condition and discuss options
Information for Q 14 – 16
Tammi, a 20-year-old nursing student, took a photo of Tyler, a 3-year-old leukaemia patient in a paediatric unit, on her personal phone. When Tyler’s mum went to the cafeteria, Tammi asked him if she could take his picture, which Tyler immediately consented to. Tammi took his picture as she wheeled him into his room. She posted Tyler’s photo on her Facebook page with this caption: “This is my 3-year-old leukaemia patient who is bravely receiving chemotherapy – what a champ! He is the reason I am so proud to be a nurse!” In the photo, room 34 of the paediatric unit was visible. Another nurse on the ward saw the photo on facebook and was able to identify the patient and reported it to the hospital manager.
Q 14 Referring to the AHPRA Social Media Policy (2014) (Link: http://www.nursingmidwiferyboard.gov.au/Codes-Guidelines-Statements/Policies/Social-media-policy.aspx ) outline in your own words, the nurse’s professional obligations in regard to posting photos online. (100 Words)
Q 15 What is the nurse’s obligation in regards to use of social media. Choose 2 answers:
a) Ensure privacy settings are set at the highest
b) As long as the patient has given permission the nurse can upload facebook entries
c) Photos taken in the workplace on the nurses own device can be uploaded onto any social media platform
7/8
TAFE SA Student Written Assessment Version 3.0
HLTENN008 Assessment 2 The law & Nursing – Student 201810 Version 1 ©TAFE SA
RTO CODE 41026 | CRICOS 00092B
d) All registered health practitioners and students in Board-approved courses should be aware of the implications of using social media
Q 16
Review the Code of Conduct for nurses – Domain: Practise safely, effectively and collaboratively and principle 3: cultural practice and respectful relationships (available on the NMBA website Link: http://www.nursingmidwiferyboard.gov.au/Codes-Guidelines-Statements/Professional-standards.aspx). In 50 words, in relation to the scenario, explain the nurse’s obligations in relation to confidentiality and privacy for Tyler and his family.