Under the Nurses and Midwives Act 1991, there are various disciplinary procedures which apply to unsatisfactory professional conduct and professional misconduct by nurses and midwives.

 "Unsatisfactory professional conduct" includes:

• any conduct that demonstrates a lack of adequate knowledge, experience, skill, judgement, or care by a nurse or midwife in the practice of nursing or midwifery;
• any contravention of the Nurses or Midwives Act or Regulation; 
• any other improper or unethical conduct relating to the practice of nursing or midwifery.

Serious unsatisfactory professional conduct will constitute professional misconduct.

These disciplinary provisions may apply even when you are not employed as a registered nurse, registered midwife or enrolled nurse. For example, if you demonstrate a lack of adequate knowledge or skill in the practice of nursing or midwifery, you may be guilty of unsatisfactory professional conduct even though you are not employed as a registered nurse, registered midiwfe or enrolled nurse.

Some nurses and midwives seek employment in allied nursing or midwifery positions, such as assistants in nursing or other care provider. If you are employed in such a position, you may still be carrying out duties which relate to the practice of nursing or midwifery. Any improper or unethical conduct or any demonstration of inadequate knowledge, experience, skill, judgement or care may constitute unsatisfactory professional conduct under the Nurses and Midwives Act if it is done in relation to the practice of nursing or midiwfery, even if you are not employed as a registered nurse, regsitered midwife or enrolled nurse at the time. This does not mean that when you are employed in an allied nursing position that you must carry out the duties of a registered nurse, registered midwife or enrolled nurse. It does mean that you should carry out your allied nursing or midwifery duties with a proper degree of skill, judgement and care and without improper or unethical conduct.

Complaints can be made under the Nurses and Midwives Act 1991 that a registered nurse, registered midwife or enrolled nurse:

• has been guilty of unsatisfactory professional conduct or professional misconduct;
• has been convicted of an offence or mad esubject of a criminal finding for an offence (either inside or outside New South Wales) and the circumstances of the offence render the applicant unfit in the public interest to practise nursing or midwifery;
• suffers from an impairment (any physical or mental impairment, disability condition or disorder which may detrimentally affect a person's physical or mental capacity to practise nursing or midwifery. It can include habitual drunkenness or drug addiction) ;
• does not have sufficient physical or mental capacity to practise nursing or midwifery; or
• is not of good character.

Complaints regarding these matters can be made about a nurse or midwife even when he or she is not employed as a registered nurse, registered midwife or enrolled nurse.

If you are unsure of how the Nurses and Midwives Act 1991 applies to you in any particular situation, you may wish to seek advice from an appropriate person, such as your professional association.

  
originally issued February 1998
modified June 2006 to include references
 to midwifery and changes to legislation