NRS123
Elements of Valid Consent - CORRECT ANSWER Informed of risks and benefits
Person has capacity
Freely given (not coerced)
Principles of Civil Negligence - CORRECT ANSWER Duty of care owed
Duty of care breached (below acceptable standards)
The negligent act caused harm/loss to the person
The damage/loss was foreseeable
Defences for Civil Negligence - CORRECT ANSWER General denial/rebuttal
Contributory negligence
Informed consent
Unsatisfactory professional conduct - CORRECT ANSWER Conduct of a significantly lesser standard
than is reasonably expected
Professional misconduct - CORRECT ANSWER Unsatisfactory professional conduct of a sufficiently
serious nature to justify suspension or cancellation of registration (this can include more than one
instance of unsatisfactory professional conduct that, when considered together, are sufficiently
serious to justify suspension or cancellation of registration)
Defamation - CORRECT ANSWER A statement of fact or opinion, or implied fact or opinion, that is
published and harms the reputation of the other person
Notifiable Conduct - CORRECT ANSWER Nurses are mandated to report modifiable conduct of
health professionals. This includes:
* practicing under the influence of drugs or alcohol
* sexual misconduct
* practicing with an impairment that places the public at risk
* practicing in a manner that is a significant departure form accepted professional standards, placing
the public at risk
,Privacy - CORRECT ANSWER A legal requirement to ensure individual's personal information is kept
safe from loss, misuse or unauthorised disclosure to protect the privacy of individuals. Refer to the
Health Records Information Privacy Act (2002)
Confidentiality - CORRECT ANSWER Refers to the contract between the Health professional and the
patient, restricting disclosure of information provided by the patient
Legal actions of Breach of Confidence - CORRECT ANSWER > breach of contract
> negligence
> defamation
When is it lawful to disclose information? - CORRECT ANSWER > notifiable disease (under the
Public Health Act 1991 NSW)
> Crimes including suspected child abuse (under the Children and Young Persons Care and Protection
Act 1998 NSW)
> by court order or search warrant (seek advice of supervisor and/or legal advice first)
> notifiable conduct (professional misconduct)
Health Records - why are they used? - CORRECT ANSWER > transition of care
> keep an accurate record of treatment
> document the patient's care experience
> keep track of improvements or deterioration of health
> for training, quality and research purposes
4 principles of negligence - CORRECT ANSWER > A duty of care must exist
> Must be a breach of the standard of care
> There must be damage to the patient as a result of the negligent act or omission
> The damage must have been reasonably foreseeable and a direct link must exist between the
damage and the act or omission (causation)
What is the Civil Liabilities Act 2002 (NSW) - CORRECT ANSWER This Act is designed to increase
personal responsibility but limit liability of health practitioners. Under this legislation, nurses are
, expected to meet a standard of care required of the "reasonable" registered nurse. Nurses working
in the profession determine the accepted standard of care
Vicarious Liability - CORRECT ANSWER Legal doctrine under which a party can be held liable for the
wrongful actions of another party. It needs to be determined that the nurse was an employee of the
organisation and the negligent act occurred within the course and scope of employment
Duty of Care - CORRECT ANSWER the obligation a nurse owes a person (patient) not to cause any
unreasonable harm or risk of harm
What is the law? - CORRECT ANSWER A set of rules and principles governing the behaviours of
society. The law is not static and evolves as the values of society change. Without the law there
would be anarchy and individuals may have their rights and freedoms abused by the most dominant
in society
Ways nurses can be held responsible at law - CORRECT ANSWER > negligence
> defamation
> assault/battery
> crime
> other offences (stealing, forgery etc)
> other liability
The rule of law: - CORRECT ANSWER > Applies to everyone equally and fairly
> Supports the fundamental human rights and the separation of powers
Separation of Arms - CORRECT ANSWER Three arms of government are separate and perform
separate functions:
> legislative (parliament- make new laws)
> executive (administers the law)
> judiciary (makes judgements on the law)
Separation of Arms / Rule of law - CORRECT ANSWER Separation of Arms supports the rule of law
through the separation of powers which ensures the government is under the law, which is a key
concept of the rule of law
Elements of Valid Consent - CORRECT ANSWER Informed of risks and benefits
Person has capacity
Freely given (not coerced)
Principles of Civil Negligence - CORRECT ANSWER Duty of care owed
Duty of care breached (below acceptable standards)
The negligent act caused harm/loss to the person
The damage/loss was foreseeable
Defences for Civil Negligence - CORRECT ANSWER General denial/rebuttal
Contributory negligence
Informed consent
Unsatisfactory professional conduct - CORRECT ANSWER Conduct of a significantly lesser standard
than is reasonably expected
Professional misconduct - CORRECT ANSWER Unsatisfactory professional conduct of a sufficiently
serious nature to justify suspension or cancellation of registration (this can include more than one
instance of unsatisfactory professional conduct that, when considered together, are sufficiently
serious to justify suspension or cancellation of registration)
Defamation - CORRECT ANSWER A statement of fact or opinion, or implied fact or opinion, that is
published and harms the reputation of the other person
Notifiable Conduct - CORRECT ANSWER Nurses are mandated to report modifiable conduct of
health professionals. This includes:
* practicing under the influence of drugs or alcohol
* sexual misconduct
* practicing with an impairment that places the public at risk
* practicing in a manner that is a significant departure form accepted professional standards, placing
the public at risk
,Privacy - CORRECT ANSWER A legal requirement to ensure individual's personal information is kept
safe from loss, misuse or unauthorised disclosure to protect the privacy of individuals. Refer to the
Health Records Information Privacy Act (2002)
Confidentiality - CORRECT ANSWER Refers to the contract between the Health professional and the
patient, restricting disclosure of information provided by the patient
Legal actions of Breach of Confidence - CORRECT ANSWER > breach of contract
> negligence
> defamation
When is it lawful to disclose information? - CORRECT ANSWER > notifiable disease (under the
Public Health Act 1991 NSW)
> Crimes including suspected child abuse (under the Children and Young Persons Care and Protection
Act 1998 NSW)
> by court order or search warrant (seek advice of supervisor and/or legal advice first)
> notifiable conduct (professional misconduct)
Health Records - why are they used? - CORRECT ANSWER > transition of care
> keep an accurate record of treatment
> document the patient's care experience
> keep track of improvements or deterioration of health
> for training, quality and research purposes
4 principles of negligence - CORRECT ANSWER > A duty of care must exist
> Must be a breach of the standard of care
> There must be damage to the patient as a result of the negligent act or omission
> The damage must have been reasonably foreseeable and a direct link must exist between the
damage and the act or omission (causation)
What is the Civil Liabilities Act 2002 (NSW) - CORRECT ANSWER This Act is designed to increase
personal responsibility but limit liability of health practitioners. Under this legislation, nurses are
, expected to meet a standard of care required of the "reasonable" registered nurse. Nurses working
in the profession determine the accepted standard of care
Vicarious Liability - CORRECT ANSWER Legal doctrine under which a party can be held liable for the
wrongful actions of another party. It needs to be determined that the nurse was an employee of the
organisation and the negligent act occurred within the course and scope of employment
Duty of Care - CORRECT ANSWER the obligation a nurse owes a person (patient) not to cause any
unreasonable harm or risk of harm
What is the law? - CORRECT ANSWER A set of rules and principles governing the behaviours of
society. The law is not static and evolves as the values of society change. Without the law there
would be anarchy and individuals may have their rights and freedoms abused by the most dominant
in society
Ways nurses can be held responsible at law - CORRECT ANSWER > negligence
> defamation
> assault/battery
> crime
> other offences (stealing, forgery etc)
> other liability
The rule of law: - CORRECT ANSWER > Applies to everyone equally and fairly
> Supports the fundamental human rights and the separation of powers
Separation of Arms - CORRECT ANSWER Three arms of government are separate and perform
separate functions:
> legislative (parliament- make new laws)
> executive (administers the law)
> judiciary (makes judgements on the law)
Separation of Arms / Rule of law - CORRECT ANSWER Separation of Arms supports the rule of law
through the separation of powers which ensures the government is under the law, which is a key
concept of the rule of law
