DISCRIMINATION IN EMPLOYMENT ON THE
BASIS OF CRIMINAL
RECORD
Click here to access:
Submission No. 6 - Nursing Board
of Tasmania
Submission from: Moira Laverty, Chief Executive Officer
20 January 2005
Dr Sev Ozdowski
Human Rights Commissioner
Human Rights and Equal Opportunity Commission
GPO Box 5218
Sydney NSW 2001
Dear Dr Ozdowski,
Re: Submission on discrimination in employment on the basis of criminal record.
Thank you for providing the Nursing Board of Tasmania (the Board) with an opportunity to provide a submission and comment on the Discussion Paper entitled Discrimination in Employment on the Basis of Criminal Record.
The Discussion Paper provides extremely valuable information regarding the law and policy in the area of discrimination on the basis of criminal record and highlights some of the practical difficulties that arise when a person with a criminal record seeks to participate in the workplace.
The Board is happy to provide you with information regarding the specific requirements relating to this area as it affects nurses in Tasmania.
The Nursing Act 1995 is an Act to provide for the registration and enrolment of nurses, the regulation of the practice of nursing. The Nursing Act 1995 states in Section 22 (1) entitled Entitlement to registration or enrolment
Subject to subsection (2), an applicant is entitled to be registered or enrolled as a nurse if the Board is satisfied that the applicant -
(a) is eligible to apply for registration or enrolment; and
(b) has sufficient physical capacity, mental capacity and competence to practise; and
(c) is of good character; and
(d) has an adequate command of the English language.
(2) The Board may determine that an applicant is not entitled to be registered or enrolled as a nurse if it is not satisfied that the applicant, when practising, will have adequate professional indemnification arrangements.
When each nurses is seeking registration or enrolment they are required to complete a form entitled - Application for registration/enrolment as a nurse under the Nursing Act 1995. The application requires the applicant to satisfy the Board that the nurse is competent and fit to practise nursing or midwifery. The applicant is required to disclose, as part of his/her application, any matter that may reasonably bear upon an assessment of his/her competence and fitness. Such matters are not limited to nursing issues and may include, for example, action taken against you by another professional body.
The applicant is required to read and sign a declaration, which includes the following:
- that I have not been convicted of an offence in any State or elsewhere and
- that I am not nor ever have been the subject of disciplinary proceedings in any State, Territory or Country(including any preliminary investigations or action that might lead to disciplinary proceedings) and
- that I am not otherwise personally prohibited from carrying on the practice of nursing in any State, Territory or Country as a result of criminal, civil or disciplinary proceedings in any State, Territory or Country and
- that I am not subject to any special conditions in carrying on the practice of nursing in any State, Territory or Country as a result of any criminal, civil or disciplinary proceedings in any State, Territory or Country and
- that I am in such a state of health that no danger would be incurred to a patient or other person whilst I am engaged in the practice of nursing and
- that my name has never been removed or suspended from a register or roll of nurses in any State, Territory or Country for a reason other than for non payment of practising fees.
If the applicant answers 'yes' to any of the above questions he/she is required to provide documentary evidence to the Board for an individual assessment to be made prior to his/her Registration/Enrolment as a nurse under the Nursing Act 1995. If applying from another state or territory under the Mutual Recognition Act 1992, the applicant is also requested to give consent to the Nursing Board of Tasmania to make enquiries of, and exchange information with, the authorities of any State or Territory regarding the nurses' activities in nursing practice or otherwise regarding matters relevant to this notice
We would be happy to assist you further in the future if required and would appreciate a copy the outcomes of this valuable research.
Yours sincerely,
Moira Laverty
CHIEF EXECUTIVE OFFICER
|