National Health (Eligible midwives) Determination 2010
made under subsection 84AAE(3) of the
National Health Act 1953
Compilation No. 1
Compilation date: 1 January 2017
Includes amendments up to: F2016L01962
About this compilation
This compilation
This is a compilation of the National Health (Eligible midwives) Determination 2010 that shows the text of the law as amended and in force on 1 January 2017 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Name of Determination
3 Definitions
4 Requirements to be an eligible midwife (1 January 2017 to 30 June 2018)
5 Requirements to be an eligible midwife (beginning 1 July 2018)
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
This Determination is the National Health (Eligible midwives) Determination 2010.
In this Determination:
Act means the National Health Act 1953.
Board means the Nursing and Midwifery Board of Australia.
endorsed by the Board means endorsed by the Board under section 94 of the National Law to prescribe schedule 2, 3, 4 and 8 medicines and to provide associated services required for midwifery practice in accordance with relevant state and territory regulation.
National Law means:
(a) for a State or Territory other than Western Australia, the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 (Qld) and adopted (with or without modifications) by legislation of that State or Territory of Australia as a law of that jurisdiction; and
(b) for Western Australia, the legislation enacted by the Health Practitioner Regulation National Law (WA) Act 2010 (WA) that corresponds to the Health Practitioner Regulation National Law Act 2009 (Qld).
4 Requirements to be an eligible midwife (1 January 2017 to 30 June 2018)
(1) This section applies until the end of 30 June 2018.
(2) For the purposes of the meaning of eligible midwife in subsection 84AAE (3) of the Act, the person must meet the requirements that are specified in subsection (3) or the requirements that are specified in subsection (4).
(3) The person must:
(a) have current general registration as a midwife in Australia with no restrictions on practice;
(b) have midwifery experience that constitutes the equivalent of 3 years full‑time post initial registration as a midwife;
(c) have current competence, as recognised by the Board, to provide pregnancy, labour, birth and post natal care to women and their infants;
(d) have successfully completed a professional practice review program approved by the Board for midwives working across the continuum of midwifery care;
(e) have undertaken 20 additional hours per year of continuing professional development relating to the continuum of midwifery care;
(f) have either successfully completed, or provided a formal undertaking to the Board that they will complete within 18 months of recognition as an eligible midwife:
(i) an accredited and approved program of study determined by the Board to develop midwives’ knowledge and skills in prescribing, or
(ii) a program, recognised by the Board, that is substantially equivalent to such an approved program of study; and
(g) not be, or not have been at any time after 1 January 2017, endorsed by the Board.
(4) The person must be endorsed by the Board.
5 Requirements to be an eligible midwife (beginning 1 July 2018)
(1) This section applies beginning on 1 July 2018.
(2) For the purposes of the meaning of eligible midwife in subsection 84AAE (3) of the Act, the person must meet the requirements that are specified in subsection (3).
(3) The person must be endorsed by the Board.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
| o = order(s) |
ad = added or inserted | Ord = Ordinance |
am = amended | orig = original |
amdt = amendment | par = paragraph(s)/subparagraph(s) |
c = clause(s) | /sub‑subparagraph(s) |
C[x] = Compilation No. x | pres = present |
Ch = Chapter(s) | prev = previous |
def = definition(s) | (prev…) = previously |
Dict = Dictionary | Pt = Part(s) |
disallowed = disallowed by Parliament | r = regulation(s)/rule(s) |
Div = Division(s) |
|
exp = expires/expired or ceases/ceased to have | reloc = relocated |
effect | renum = renumbered |
F = Federal Register of Legislation | rep = repealed |
gaz = gazette | rs = repealed and substituted |
LA = Legislation Act 2003 | s = section(s)/subsection(s) |
LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
(md) = misdescribed amendment can be given | Sdiv = Subdivision(s) |
effect | SLI = Select Legislative Instrument |
(md not incorp) = misdescribed amendment | SR = Statutory Rules |
cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |
mod = modified/modification | SubPt = Subpart(s) |
No. = Number(s) | underlining = whole or part not |
| commenced or to be commenced |
Name | Registration | Commencement | Application, saving and transitional provisions |
PB 117 of 2016 | 15 December 2016 (F2016L01962) | 1 January 2017 | — |
|
|
|
|
Provision affected | How affected |
s 2 s 3 | rep LA s 48D am F2016L01962 |
s 4 | rs F2016L01962 |
s 5 | ad F2016L01962 |