New South Wales legislation may be accessed directly by going to
www.legislation.nsw.gov.au and selecting the legislation “in force”.
Earlier versions of legislation, since 1990, are also archived on this site.

State and Commonwealth legislation may be accessed at the website of the Australasian Legal Information Institute, www.austlii.edu.au

Nurses and Midwives Act and Regulations establish processes for professional regulation, including establishment of the Nurses and Midwives Board, the Registers, the Roll, professional disciplinary processes etc.  
Nurses and Midwives Act 1991
Nurses and Midwives Regulation 2003

The NSW Health Department advises Parliament in regard to the regulation of health professionals. A major review of the former Nurses Act was foreshadowed and a discussion paper, seeking public comment, was released in July 1999. Subsequently, in October 2001, the NSW Health Department published the Report of the Review of the Nurses Act 1991. This provided the basis for the drafting of amendments which were subsequently considered by Parliament and commenced from August 2004.  The report provides substantial background about the issues considered when the legislation was developed.  The Hansard records of the respective second readings of the amendment bill in the two houses of Parliament can be accessed by following the links: Legislative Assembly and Legislative Council.

Infection Control Standards are legislated within the Nurses and Midwives Regulation 2003.  Clause 33 of the Regulation requires adherence to the standards while schedule 1 to the Regulation provides the substantive details.  In their professional practice, nurses and midwives must comply with the standards as set out in Schedule 1 to the Regulation except where they can demonstrate a reasonable excuse. Reasonable excuses are described in clause 33 of the regulation as being whether care was provided in an emergency or if the employer failed to provide the necessary equipment and access and the nurse or midwife has reported the employer to the Director-General of Health.

Other New South Wales legislation includes:

Poisons and Therapeutic Goods Act 1966
Poisons and Therapeutic Goods Regulation 2002
This legislation establishes the legal framework within which nurses and midwives are able to administer medications.


Health Care Complaints Act 1993
This legislation applies, in conjunction with the Nurses and Midwives Act, in regard to dealing with complaints concerning nurses and midwives.


Health Records and Information Privacy Act 2002
Health Records and Information Privacy Code of Practice 2005
Health Records and Information Privacy Regulation 2006
This legislation protects, with certain exceptions, the privacy of an individual’s health information that is held in the public and private sectors.


Human Tissue Act 1983
Human Tissue Regulation 2005
This legislation establishes parameters relating, among other things, to donations of body fluids, the use of surgically removed tissue for therapeutic or research purposes, organ donation and transplantation.

Public Health Act 1991 This legislation imposes many restrictions. In particular see:
•	section 10AB restricts advertising that may be misleading or creates unjustified expectation of beneficial treatment
•	section 10AG  restricts "Certain Birthing Practices" relating to the care of a pregnant woman involving the management of the 3 stages of labour and child birth
•	section 10AH which precludes the provision of certain footcare services by nurses and midwives
•	section 42F and following sections relate to establishment of the NSW Pap Smear Register and the information including the registered nurse or registered midwife involved in the procedure
•	section 52 establishes certain nursing requirements for "nursing homes" which are defined in section 3 of the Act.