EMPLOYER’S OBLIGATION TO REPORT UNPROFESSIONAL CONDUCT

Under Section 45 of the Nurses Act 1999, employers have an obligation to provide a report to the Nurses Board if they believe that a nurse employed by them has been guilty of unprofessional conduct.

"Obligation to report unprofessional conduct

45. If the employer of a nurse has reason to believe that a nurse has been guilty of unprofessional conduct, the employer must submit a written report to the Board stating-

(a) the grounds on which the belief is based; and

(b) all other prescribed information.

Maximum penalty: $1,250"

Requirements of a report

The report must be in writing and should comply with, and respond to, the requirements for prescribed information in accordance with Regulation 9, Regulations under the Nurses Act 1999.

9. For the purposes of section 45 of the Act, the following information is prescribed:

(a) full details of the date and circumstances surrounding the alleged conduct; and

(b) full details of the nature of the conduct that was observed or is alleged to have occurred; and

(c) the names and contact details of any person who observed the conduct or who has investigated the matter; and

(d) full details of any statement, comment or admissions made by the nurse in relation to the matter; and

(e) full details of the duties currently being undertaken by the nurse or, if relevant, information on any suspension or dismissal of the nurse from his or her employment."

The report should include the following identifying information:

• Date of report;
• Name and position held by the author of the report;
• Signature of the author of the report;
• Contact address and telephone number of employing organisation;
• Full name, date of birth of nurse or midwife against whom report is based;
• Contact address and telephone number of nurse or midwife against whom report is based;
• Registration/Enrolment number of nurse or midwife against whom report is based.

The report should be an original and a typed copy is preferable.

A de-identified copy will be provided to the nurse or midwife under investigation.

The report form may be downloaded electronically at the bottom of this page. If you wish you may provide the report on organisational letterhead addressing the prescribed information above.

The report should be forwarded to the Board at the earliest opportunity. This assists in the regulation of the practice of nursing in the public interest.

The Registrar/Investigation Officer may request additional information for the purpose of the investigation.

Additional information which can be provided to support this report could include:

• shift rosters and dates in relation to the incident/s;
• the nurse's Job and Person Specification;
• the nurse's Contract of Employment;
• relevant Medication Sheets/Records of Administration;
• relevant nursing or midwifery notes;
• any relevant internal investigation documentation;
• other relevant records.