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Nurses Amendment Act 1994

Public Act		1994 No 96
Date of assent		20 October 1994

An Act to amend the Nurses Act 1977

BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title and commencement

(1)

This Act may be cited as the Nurses Amendment Act 1994, and shall be read together with and deemed part of the Nurses Act 1977 (hereinafter referred to as the principal Act).

(2)

This Act shall come into force on a date to be appointed by the Governor-General by Order in Council.

2 New heading and sections inserted

The principal Act is hereby amended by inserting in Part IV, after section 48A (as inserted by section 12 of the Nurses Amendment Act 1983), the following heading and sections:

“Application of Health and Disability Commissioner Act 1994

“48B Interpretation

In this section and sections 48C to 48H of this Act, unless the context otherwise requires,—

“‘Code’ means the Code of Health and Disability Services Consumers’ Rights for the time being prescribed by regulations made under section 74 of the Health and Disability Commissioner Act 1994:

“‘Commissioner’ means the Health and Disability Commissioner under the Health and Disability Commissioner Act 1994:

“‘Director of Proceedings’ means the person for the time being designated under section 15 of the Health and Disability Commissioner Act 1994 as the Director of Proceedings.

“48C Complaints to be notified to Commissioner

(1)

Where a complaint is made under section 40 of this Act, the registrar shall forthwith notify the Commissioner of that complaint.

“(2)

Where, pursuant to section 41(6) of this Act, the Preliminary Proceedings Committee becomes aware that a registered or enrolled nurse might be guilty of professional misconduct, the convener shall forthwith notify the Commissioner of that matter.

“48D Consultation with Commissioner

Where, in accordance with section 48C of this Act, a complaint or matter is notified to the Commissioner, the Commissioner may at any time after receiving the notification, consult with the Council in relation to the complaint or matter.

“48E Suspension of action under this Act

(1)

Notwithstanding anything in this Part of this Act, but subject to subsection (2) of this section and to section 48F(3) of this Act, where a complaint or matter is notified to the Commissioner in accordance with section 48C of this Act, no action shall be taken under this Act concerning that complaint or matter until—

“(a)

The Commissioner notifies the Council—

“(i)

That the complaint or matter is not to be investigated, or investigated further, under the Health and Disability Commissioner Act 1994; or

“(ii)

That the complaint or matter has been resolved; or

“(iii)

That the complaint or matter has been investigated under that Act and the complaint or matter is not to be referred to the Director of Proceedings in accordance with section 45(f) of that Act; or

“(b)

The Director of Proceedings notifies the Council that the Director of Proceedings has decided, pursuant to section 49 of that Act, not to institute disciplinary proceedings under this Act in relation to the complaint or matter.

“(2)

Nothing in this section prevents the taking of any action under section 32 or section 33 or section 34 of this Act.

“48F Director of Proceedings may lay charge under this Part of this Act

(1)

This section applies where,—

“(a)

After conducting an investigation under Part IV of the Health and Disability Commissioner Act 1994, the Commissioner is of the opinion that any action (within the meaning of that Act) that was the subject-matter of the investigation, being the action of a registered or enrolled nurse, was in breach of the Code; and

“(b)

The Director of Proceedings decides, pursuant to section 49 of that Act, that proceedings should be taken under this Part of this Act against that person.

“(2)

Where this section applies, the Director of Proceedings shall frame an appropriate charge and refer it to the chairman of the Council.

“(3)

Where the Director of Proceedings refers a charge to the chairman of the Council under subsection (2) of this section, the Council shall deal with the charge as if it were a charge that had been referred to the chairman pursuant to section 41(3) of this Act, and, subject to section 48G of this Act, the provisions of this Part of this Act shall apply accordingly with all necessary modifications.

“48G Director of Proceedings to prosecute charge

Notwithstanding anything in this Part of this Act, any charge laid under section 48F of this Act by the Director of Proceedings shall be prosecuted at the hearing by the Director of Proceedings, who for that purpose may be represented by counsel or otherwise.

“48H Costs may be awarded to Commissioner

(1)

Where,—

“(a)

In any proceedings under section 42 of this Act, the Council or a committee of the Council is empowered to make an order under subsection (3) of that section; and

“(b)

The proceedings relate to a charge laid by the Director of Proceedings under section 48F of this Act,—

the nurse concerned may be ordered under section 42(3) of this Act to pay—

“(c)

Any costs and expenses of and incidental to any investigation made by the Commissioner under the Health and Disability Commissioner Act 1994 in relation to the subject-matter of the charge:

“(d)

The costs and expenses of and incidental to the prosecution of the charge by the Director of Proceedings.

“(2)

Any costs and expenses payable pursuant to subsection (1) of this section—

“(a)

Shall be recoverable in accordance with section 42(6) of this Act; and

“(b)

Notwithstanding anything in section 14 of this Act, shall be paid to the Commissioner.

“(3)

Nothing in this section limits section 42(3) of this Act.”

3 Matters on which appeals lie

Section 49(1)(g) of the principal Act is hereby amended by inserting, after the word “inquiry”, the words “, investigation, or prosecution”.

This Act is administered in the Ministry of Health.

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