The candidate must be able to demonstrate essential knowledge required to effectively complete tasks outlined in elements and performance criteria of this unit, manage tasks and manage contingencies in the context of the work role. This includes knowledge of:
legal and ethical considerations (national, State/Territory, local) relevant to the nursing profession, and how these are applied in nursing practice:
children in the workplace
‘Code of ethics for nurses in Australia’ and the ‘Code of professional conduct for nurses’ (Nursing and Midwifery Board of Australia)
codes of practice
continuing professional education opportunities
discrimination - direct and indirect - and its implications
duty of care
equal employment opportunity (EEO)
human rights including access to healthcare
informed consent
insurance requirements including professional indemnity insurance arrangements for enrolled nurses
life and death issues:
power of Attorney
living wills and advanced directives
guardianship
mandatory reporting
Nursing and Midwifery Board of Australia nursing practice guidelines, standards and fact sheets:
enrolled nurse competency standards for practice
professional boundaries
professional practice guidelines
decision-making framework (DMF) including the nursing flowchart
re-entry to practice
registration guidelines
recency of practice fact sheet
privacy, confidentiality and disclosure
policy frameworks for nursing practice
social media policy and the potential implications this has on ethics, professionalism and nursing in the health care environment
specific Commonwealth and State/Territory legislation and legal provisions that affect the development of nursing programs and provision of services and procedures, including but not limited to:
Health Practitioner Regulation National Law Act (the National Law) enacted in each State/Territory
National Safety and Quality Health Service (NSQHS) Standards
health (drugs and poisons) legislation
mental health legislation
Privacy Act 1988 (Cwlth)
Health Records Act 2012 (Cwlth)
Aged Care Act 1997 (Cwlth)
carers recognition legislation
Criminal Code Act 1985 (Cwlth)
Disability Discrimination Act 1992 (Cwlth) and other anti-discrimination legislation
children and young people legislation enacted in each State/Territory
working with children legislation as enforced in each State/Territory
workplace health and safety (WHS) legislation
role of the Nursing and Midwifery Board of Australia in regulating the nursing profession
ethical decision making models
contemporary ethical concepts and principles in nursing:
autonomy
beneficence and non-maleficence
confidentiality
justice
rights
veracity
application of ethical principles to enrolled nurse practice, including:
definitions of ethics, bioethics and nursing ethics
theoretical concepts informing ethical conduct
ethical issues, for example in relation to:
abortion
tissue transplantation
reproductive technology
organ donation
euthanasia and assisted suicide
restraint
open disclosure
mandatory reporting
quality of life
conscientious objection
abuse
consent
artificially prolonging life
refusal and withdrawal of treatment
stem cell research
‘not for resuscitation’ orders
cultural and religious matters
application of the law to enrolled nurse practice including:
Law - civil, common and statute law, the court system, precedents, sources
Law of torts - negligence, trespass, assault and battery, types of consent, valid consent, legal and intellectual, capacity, clinical incapacity, false imprisonment and defamation
Common legal terms - vicarious liability, defendant, plaintiff, harassment, expert witness, coronial inquests, functions of the coroner, giving evidence to the coroner.