Nurses Act 2001
No. 4 of 2001
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NURSES ACT 2001
Nurses Act 2001 Arrangement of Sections
No. 4 of 2001
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NURSES ACT 2001
Arrangement of Sections
Section
PART I—PRELIMINARY 5
1 Short title and commencement.........................................................................5
2 Interpretation....................................................................................................6
PART II—THE NURSES BOARD 7
3 Nurses Board....................................................................................................7
PART III—REGISTRATION OF NURSES AND MIDWIVES 9
4 Registers...........................................................................................................9
5 Application for registration..............................................................................9
6 Registration......................................................................................................9
7 Effect of registration ........................................................................................9
8 Provisional registration ....................................................................................9
9 Temporary registration...................................................................................10
10 Minister's power to exempt............................................................................10
11 Holding out ....................................................................................................10
12 Content of the Registers.................................................................................11
13 Roll fee...........................................................................................................11
14 Removal from the register of nurses or midwives .........................................11
PART IV—COMPLAINTS AND DISCIPLINARY PROCEEDINGS 12
15 Making of complaints ....................................................................................12
16 Procedure on receipt of complaint .................................................................12
Arrangement of Sections Nurses Act 2001
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17 Dealing with complaints.................................................................................13
18 Conduct of inquiry .........................................................................................13
19 Power to summon witnesses to inquiry..........................................................13
20 Power to obtain documents at inquiry............................................................14
21 Evidence of other proceedings .......................................................................14
22 Additional complaints ....................................................................................14
23 Release of information concerning inquiry ....................................................15
24 Authentication of documents .........................................................................15
25 Representative complainant ...........................................................................15
26 Expedition of inquiries ...................................................................................16
27 Evidentiary certificate ....................................................................................16
28 Certain complaints not to be heard.................................................................16
29 Consequences of misconduct .........................................................................16
30 Unfitness ........................................................................................................17
31 Removal from register outside the Kingdom .................................................18
32 Effect of Board's order ...................................................................................18
33 Copy of decision.............................................................................................18
34 Review of orders of the Board .......................................................................19
35 Effect of removal from register or suspension ...............................................19
36 Surrender of certificates of registration..........................................................20
37 Registration of name to register .....................................................................20
PART V—MISCELLANEOUS 20
38 Supervised practice ........................................................................................20
39 Making false or fraudulent representation......................................................20
40 Offence and penalty .......................................................................................21
41 Prosecutions ...................................................................................................21
42 Crown to be bound .........................................................................................21
43 Regulations.....................................................................................................21
44 Savings ...........................................................................................................22
SCHEDULE 23
CERTIFICATE OF REGISTRATION................................................................23
CERTIFICATE OF PROVISIONAL REGISTRATION.......................................24
Nurses Act 2001 Section 1
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C
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NURSES ACT 2001
No. 4 of 2001
AN ACT TO REQUIRE THE REGISTRATION BEFORE PRACTICE
OF NURSES AND MIDWIVES, TO ESTABLISH THE NURSES
BOARD, TO PROVIDE FOR THE SUPERVISION OF NURSING
EDUCATION AND STANDARDS, THE MAKING OF COMPLAINTS,
CONDUCT OF DISCIPLINARY PROCEEDINGS AND FOR
ANCILLARY PURPOSES
I assent,
TAUFA'AHAU TUPOU IV,
21st September, 2002
[11th July, 2001]
BE IT ENACTED by the King and Legislative Assembly of Tonga in the Legislature
of the Kingdom as follows:—
PART I—PRELIMINARY
1 Short title and commencement
This Act may be cited as the Nurses Act 2001, and shall come into force on a
date to be proclaimed by His Majesty in Council.
Section 2 Nurses Act 2001
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2 Interpretation
In this Act, unless the context otherwise requires:—
“advertisement” means an advertisement—
(a) published in a newspaper, magazine or other publication;
(b) placed in a circular, hand bill, poster or other notice;
(c) made orally or by any means of producing light or sound;
(d) made using a form of electronic communication or utilising
an application of information technology, including an
advertisement placed on the internet; or
(e) made in any other manner;
“Board” means the Nurses Board established under section 3(1);
“conduct” means any act or omission;
“Council” means the Health Practitioners Review Council established
under the Health Practitioners Review Act 2001;
“drug” includes any product defined as a medicinal drug in the
Therapeutic Goods Act 2001;
“medical practitioner” means a person who is duly registered as such
under the Medical and Dental Practice Act 2001;
“medicinal drug” is as defined in the Therapeutic Goods Act 2001;
“midwife” means a person who is duly registered as such under this Act;
“Minister” means the Minister of Health;
“narcotic drugs and psychotropic substances” are as defined in the
Therapeutic Goods Act 2001;
“nurse” means a person who is duly registered as such under this Act;
“prescription” means the written order of a dentist, dental officer, health
officer or medical practitioner for the supply of a drug or poison to any
person or of a veterinary practitioner for the supply of a drug or poison to
any animal which complies with the requirements of Part VI of the
Therapeutic Goods Act 2001;
“professional misconduct”, in relation to a nurse or a midwife,
includes—
(a) any conduct that demonstrates a lack of adequate—
(i) knowledge;
(ii) skill;
(iii) judgment; or
Nurses Act 2001 Section 3
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(iv) care;
(b) by the nurse or midwife in the practice of nursing or
midwifery, as the case may be, whether by act or omission—
(i) contravening a provision of this Act or the regulations;
(ii) contravening a registration condition imposed by the
Board;
(iii) contravening an order made or a direction given by the
Board;
(iv) being an habitual drunkard or being addicted to any
deleterious drug; and
(c) any other improper or unethical conduct relating to the
practice of nursing or the practice of midwifery;
“register” means the register of nurses or the register of midwives
maintained by the Board in pursuance of Part III of this Act;
“Registrar” means the person designated under section 3(9) of this Act.
PART II—THE NURSES BOARD
3 Nurses Board
(1) There shall be established for the purposes of this Act a Board to called
the Nurses Board.
(2) The functions of the Board shall be—
(a) to register nurses and midwives;
(b) to deal with matters relating to disciplinary inquiries and the
cancellation, suspension, withdrawal and restoration of registration
of nurses and midwives;
(c) to set standards for the education and training of nurses and
midwives;
(d) to ensure maintenance of the required standards of practice and
conduct among nurses and midwives and to promote the
development of guidelines and codes of conduct;
(e) to advise the Minister on any matter relating to nurses and
midwives; and
(f) to review the implementation of the Act, the regulations, guidelines
and codes of conduct and to propose any changes or modifications,
as may be deemed necessary.
Section 3 Nurses Act 2001
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(3) The Board shall consist of the following members—
(a) the Chief Nursing Officer of the Ministry of Health;
(b) the Principal, Queen Salote School of Nursing;
(c) the Registrar;
(d) the President, or nominee, of the Tonga Nurses Association;
(e) the Senior Public Health Sister of the Ministry of Health;
(f) a lay member nominated by the Tonga Council of Churches.
(4) When holding an inquiry under Part IV, the Board shall co-opt a senior
law practitioner to sit on the Board for the purpose of hearing the inquiry.
(5) The member nominated by the Tonga Nurses Association under
subsection (3)(d) and the member nominated by the Tonga Council of
Churches under subsection (3)(f) shall hold office for a period of two
years and shall be eligible for re-nomination.
(6) The nomination of any member may be cancelled by the body that
nominated such person, and another person may be nominated in place of
such member for the remaining period of office.
(7) Any nominated member may resign by giving notice of such resignation
to the body that made the nomination, and such body may nominate
another person for the remaining period of office.
(8) The Chief Nursing Officer shall be the chairman of the Board.
(9) The Minister shall designate, from the staff of the Ministry of Health, a
Registrar who shall also perform the duties of the Secretary of the Board,
and such officers as are necessary for the implementation of the Act.
(10) The seal of the Board shall be kept in the custody of the Registrar and
shall be affixed by the Registrar or any other officer duly authorised by
the Board to documents authorised to be sealed by the Board.
(11) The Board shall determine the procedures and rules governing its
meetings.
(12) The Board shall meet as required and shall report to the Council by way of
provision of the Minutes of the Board Meetings.
(13) The Board shall prepare annually a report of its activities during the
preceding twelve months and this report shall be made to the Minister.
(14) The Board has the authority to summon and compel the attendance of any
person while conducting complaints and disciplinary proceedings under
Part IV.
(15) An act in good faith, by the Minister, Registrar, chairman or any Board
member shall not subject that person to any liability.
Nurses Act 2001 Section 4
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PART III—REGISTRATION OF NURSES AND MIDWIVES
4 Registers
(1) For the purposes of this Act, the Board shall maintain a register of nurses
and a register of midwives.
(2) The registers may be kept by electronic means.
5 Application for registration
The Board shall determine the form in which applications for registration as a
nurse or midwife shall be made.
6 Registration
(1) A person shall be entitled to be registered as a nurse or a midwife if the
person holds the qualifications for registration prescribed by regulation.
(2) Where a person applies to be registered as a nurse or midwife and the
Board decides that he is entitled to be so registered, the Board shall grant
the applicant a certificate of registration in Form 1 prescribed in the
Schedule.
(3) Where a person has ceased to be registered as a nurse or midwife for a
consecutive period of 5 years, whether within or outside the Kingdom, the
Board may refuse to register the applicant unless the applicant has passed
such oral or written examination or carried out such training at a standard
considered satisfactory to the Board, as the Board considers appropriate.
7 Effect of registration
A person duly registered under this Act shall be entitled to engage in the practice
in which he is so registered pursuant to this Act.
8 Provisional registration
(1) Where a person has applied for registration as a nurse or midwife the
chairman of the Board may, if satisfied that the person has the requisite
qualification and experience, and on payment of the prescribed fee, grant
to that person a certificate of provisional registration in Form 2 prescribed
in the Schedule.
(2) Where a person has obtained a certificate of provisional registration the
person shall be deemed to be registered under the Act until—
Section 9 Nurses Act 2001
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(a) the date stated in the certificate, or
(b) such later date as may be fixed by the Board,
which date shall, in either case, be not later than three months after the
granting of the certificate.
(3) The Board may, at any time before the date so stated or fixed, cancel a
certificate of provisional registration.
(4) Upon the cancellation of a certificate of provisional registration, the
holder of the certificate shall no longer be deemed to be registered.
(5) If a person to whom a certificate of provisional registration has been
granted becomes registered before the date stated or fixed pursuant to
subsection (2), the registration shall, unless otherwise decided by the
Board, date from the granting of the provisional certificate.
9 Temporary registration
The Registrar, subject to the approval of the chairman of the Board, may register
nurses and midwives who are registered as such in another jurisdiction, for up to
3 months. The Board shall prescribe the fee payable for such temporary
registration.
10 Minister's power to exempt
The Minister may, subject to such conditions as he thinks fit, exempt in writing
members of short-term visiting specialist health teams or individual short-term
visiting nurses or midwives from the requirements of this Act.
11 Holding out
(1) No person, except a nurse or midwife, shall —
(a) represent or hold out, expressly or by implication, that he is entitled
to engage in the practice of nursing or midwifery;
(b) use any sign, emblem, title or advertisement implying that the
person is a nurse or midwife; or
(c) use the title nurse or midwife or any similar designation or
abbreviation implying that he is registered as a nurse or midwife.
(2) Any person who contravenes this section commits an offence and upon
conviction shall be liable to a fine not exceeding $10,000 or not exceeding
5 years imprisonment or both.
Nurses Act 2001 Section 12
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12 Content of the Registers
A person shall be registered by entering in the appropriate register—
(a) the name of the person;
(b) the date of birth of the person;
(c) the person's professional address in the Kingdom or, if the person
has no professional address, the person's place of residence;
(d) particulars of the qualifications entitling the person to be registered;
(e) the registration number allocated to the person;
(f) the date of registration;
(g) any condition to which the person's registration is subject; and
(h) such other particulars, if any, as are prescribed.
13 Roll fee
(1) Every nurse or midwife shall, on or before the thirty-first day of October
in each year (which day is in this section referred to as the “prescribed
day”) pay to the Registrar a roll fee fixed by the Board for the year
commencing on the first day of January next following the prescribed day.
(2) The nurse or midwife shall furnish particulars of his address for entry in
the register and such other particulars as may be prescribed.
(3) If the person does not pay the roll fee referred to in subsection (1) on or
before the prescribed day in any year, the Board shall forthwith notify the
person by letter addressed to him at the address appearing in the
appropriate register that if the fee be not paid before the end of the first
working day of the next calendar year the person's name shall be removed
from the register as from the next day.
(4) If the name of a nurse or midwife has been removed from the register
under this section, the Board shall, upon application in writing and upon
being satisfied that the person is of good character, restore the person's
name to the register upon payment of the outstanding roll fee and a
reinstatement fee fixed by the Board.
14 Removal from the register of nurses or midwives
(1) After due inquiry, as laid down in Part IV, the Board may direct that the
name and other particulars of a nurse or midwife be removed from the
register if—
(a) the person is convicted of an offence under this Act or under any
other legislation relating to drugs;
Section 15 Nurses Act 2001
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(b) the person has obtained registration by fraud or misrepresentation;
(c) the qualification on the basis of which registration was awarded is
withdrawn or cancelled by the authority which awarded it;
(d) the person is guilty of unsatisfactory professional conduct or
professional misconduct which, after due inquiry by the Board,
renders the person unfit to be a nurse or midwife; or
(e) the person's name has been removed from a register of nurses or
midwives in another jurisdiction having been found guilty of
unsatisfactory professional conduct or professional misconduct.
(2) The Board may suspend the registration of a nurse or midwife pending
investigations and disciplinary inquiry.
PART IV—COMPLAINTS AND DISCIPLINARY
PROCEEDINGS
15 Making of complaints
Any person may make a complaint in writing to the Registrar that a nurse or
midwife—
(a) has been convicted in the Kingdom or elsewhere of an offence
involving fraud, drugs or dishonesty;
(b) has been guilty of unsatisfactory professional conduct or
professional misconduct;
(c) does not have sufficient physical or mental capacity to carry on
practice as a nurse or midwife; or
(d) is not of good character.
16 Procedure on receipt of complaint
(1) The Registrar shall refer any complaint to the Board.
(2) The Board may require the complainant to provide further particulars of
the complaint and may make such preliminary inquiries concerning the
complaint as it thinks fit
(3) The Board shall inform the nurse or midwife against whom the complaint
is made of the particulars of the complaint and invite that person to make,
within such time as the Board specifies in the notice, such representations
to the Board with respect to the complaint as he thinks fit.
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(4) The Board is required to consider any representations made to it within
the time specified in its notice.
17 Dealing with complaints
The Board decide at any time in relation to a complaint that it will—
(a) deal with the complaint at a meeting of the Board;
(b) conduct an inquiry into the complaint; or
(c) decline to deal with or dismiss the complaint.
18 Conduct of inquiry
If the Board decides to conduct an inquiry into a complaint—
(a) the Board, in conducting the inquiry, shall sit as in open court
unless it determines to do otherwise;
(b) the person against whom the complaint was made is to be afforded
an opportunity of defence either in person or by a law practitioner
or another adviser;
(c) the Board is not bound to observe the rules of evidence, but may
inform itself of any matter in such manner as it thinks fit; and
(d) the chairman of the Board is to preside at the inquiry.
19 Power to summon witnesses to inquiry
(1) The chairman of the Board may summon a person to appear at any inquiry
conducted by the Board, to give evidence and to produce such documents
as are referred to in the summons.
(2) The Board may take evidence on oath and require a person appearing at
the inquiry to give evidence on oath.
(3) A person served with a summons shall in the absence of any reasonable
excuse attend as required by the summons.
(4) A person appearing at an inquiry to give evidence shall not, without
reasonable excuse, fail to answer a question or to produce a document that
he is required to produce.
(5) Any person who fails to comply with this section commits an offence.
Section 20 Nurses Act 2001
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20 Power to obtain documents at inquiry
(1) The chairman of the Board may, by written notice, require any person to
attend before a member of the Board, at a time and place specified in the
notice and to produce any documents specified in the notice.
(2) Any person who fails to comply with this section commits an offence.
21 Evidence of other proceedings
The Board may receive and admit, as evidence at any inquiry—
(a) the judgement and findings of any court (whether civil or criminal)
or tribunal made within or outside the Kingdom;
(b) the verdict or findings of a jury of any such court;
(c) a certificate of the conviction of any person; or
(d) a transcript, duly certified by the registrar or clerk of the court or
tribunal as correct, of the evidence of witnesses taken in any such
court or tribunal;
where the Board is of the opinion that the judgment, findings, verdict, certificate
or evidence is or are relevant to the proceedings.
22 Additional complaints
(1) The Board may at an inquiry deal with one or more complaints about a
nurse or midwife.
(2) If, during any such inquiry, it appears to the Board that, having regard to
any matters that have arisen, another complaint could have been made
against the nurse or midwife concerned—
(a) whether instead of or in addition to the complaint which was made;
and
(b) whether or not by the same complainant;
the Board may take that other complaint as having been referred to it and
may deal with it at the same inquiry.
(3) If another complaint is taken to have been referred to the Board under
subsection (2) the complaint may be dealt with after such as adjournment
(if any) as is, in the opinion of the Board, just and equitable in the
circumstances.
Nurses Act 2001 Section 23
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23 Release of information concerning inquiry
(1) The chairman at any inquiry conducted by the Board may, on the request
of a complainant, the nurse or midwife concerned, or any other person, if
he thinks it appropriate in the particular circumstances of the case, direct
that all of the following matters—
(a) the name and address of any witness;
(b) the name and address of a complainant;
(c) the name and address of a nurse;
(d) the name and address of a midwife;
(e) any specified evidence;
(f) the subject matter of a complaint;
shall not be published, except in a publication intended primarily for the
use of members of the nursing, medical or legal professions.
(2) A direction under subsection (1) may be amended or revoked at any time
by the chairman.
(3) A direction may be given before or during an inquiry, but is not to be
given before the inquiry unless notice is given to—
(a) the complainant who requested the direction;
(b) the complainant, the nurse or midwife concerned, as appropriate;
and
(c) such other persons as the chairman thinks fit;
of the time and place appointed by the chairman for consideration of the
request.
(4) A person who contravenes a direction given under this section, without
reasonable excuse, commits an offence.
24 Authentication of documents
Every document requiring authentication by the Board may be sufficiently
authenticated if signed by the chairman of the Board or by a member of the
Board authorised to do so by the chairman without the seal of the Board.
25 Representative complainant
At any inquiry, an officer of the Ministry of Health appointed by the Director of
Health may, with the consent of the complainant, act for the complainant.
Section 26 Nurses Act 2001
No. 4 of 2001 Page 16
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26 Expedition of inquiries
(1) It is the duty of the Board to conduct inquiries under this Act and to
determine those inquiries as soon as is reasonably practicable.
(2) Without affecting the generality of subsection (1), the Board may
postpone or adjourn an inquiry being conducted by it as it thinks fit.
27 Evidentiary certificate
A certificate by the Registrar, that—
(a) a person was not a nurse or midwife, as appropriate;
(b) the name of a person specified in the certificate was removed from
the register;
(c) a person was suspended from practice as a nurse or midwife; or
(d) a condition, particulars of which are set out in the certificate, was—
(i) imposed on the registration of a person so specified; or
(ii) revoked or not in force;
shall be received by the Board, the Council and all courts as prima facie
evidence of its contents.
28 Certain complaints not to be heard
(1) The Board may decide not to conduct an inquiry, or at any time to
terminate an inquiry, if—
(a) a complainant fails to comply with a requirement made by the
Board; or
(b) the person about whom the complaint is made ceases to be a nurse
or midwife.
(2) The Board or Council shall not conduct or continue any inquiry or any
appeal if the nurse or midwife has died.
29 Consequences of misconduct
(1) The Board may, if it is satisfied that the subject matter of a complaint
against a medical practitioner, health officer, dentist or dental therapist is
proved, do any one or more of the following—
(a) caution or reprimand the person;
(b) order that the person seek medical or psychiatric treatment or
counselling;
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(c) order that such conditions, relating to the person's practice of
nursing or midwifery, as it considers appropriate, be imposed on the
person's registration;
(d) order that any authority of that person to prescribe or administer
narcotic drugs and psychotropic substances be withdrawn;
(e) order that the person complete such educational courses as are
specified by the Board;
(f) order that the person report on the person's nursing or midwifery
practice at the times, in the manner and to the persons specified by
the Board;
(g) impose a fine not exceeding $1,000;
(h) order that the person's registration be suspended for such period not
exceeding 12 months as the Board thinks fit;
(i) order that the person's name be removed from the register.
(2) If the registration of a nurse or midwife is suspended under this section,
the Registrar shall note in the register the suspension and its date and
cause.
(3) The Board shall not suspend a person's registration or remove a person's
name from the register for having committed an offence if, having regard
to the nature of the offence or the circumstances under which it was
committed, the Board is of the opinion that it does not render the person
unfit in the public interest to be registered as a nurse or midwife.
30 Unfitness
(1) Notwithstanding any other provision of this Act, where the Board is
satisfied that any applicant for registration under this Act or any nurse or
midwife is, by reason of infirmity, injury or illness, whether mental or
physical, unfit to carry on the practice of medicine or dentistry, the Board
shall—
(a) refuse to register the applicant's name in the register;
(b) order that the name of the person be removed from the appropriate
register; or
(c) order that the person be suspended from practice as a nurse or
midwife for such period as may be specified.
(2) For the purposes of subsection (1) the Board may—
(a) require an applicant for registration, as a nurse or midwife to be
examined by any medical practitioner as may be specified by the
Board; and
(b) hold such inquiry as the Board thinks fit.
Section 31 Nurses Act 2001
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(3) A failure or refusal by any person required by the Board to be examined in
accordance with a requirement of the Board made under subsection (2)(a)
may be regarded by the Board as evidence that the person is, by reason of
infirmity, injury or illness, whether mental or physical, unfit to carry on
the practice of nursing or midwifery.
(4) Nothing in subsection (1) affects the powers of the Board under any other
provision of this Act to refuse an application for registration under this
Act or to remove the name of a nurse or midwife from the register or to
suspend a nurse or midwife from practice.
31 Removal from register outside the Kingdom
Where a nurse or midwife has, while registered under this Act, been—
(1) removed from the register; or
(2) suspended from practice;
as a nurse or midwife for professional misconduct, in some place outside the
Kingdom, the Board may order that the person's name be removed from the
register or that the nurse or midwife be suspended from the practice of nursing
or midwifery for such period not exceeding 12 months, as the Board determines.
32 Effect of Board's order
(1) An order made by the Board under section 29 or 31 shall take effect one
month from the date the order is served personally on the nurse or
midwife, or is sent by registered post by the Registrar to the nurse or
midwife at the address appearing in the register.
(2) If within such period the nurse or midwife applies in writing to the
Council, for a review of the Board's decision under section 34, the order
shall not be effective until the review proceedings have been completed.
33 Copy of decision
(1) If, under section 29, the Board decides to make an order in respect of a
person or decides to caution or reprimand a person, the Board shall, within
one month of making its order, provide the person, and any person who
made a complaint which resulted in the order or decision and such other
persons as it considers appropriate, with a copy statement of its decision.
(2) If the Board makes a decision in relation to a person under any provision
of this Act, other than section 29, the person may request in writing that
the Board provide the person with a copy of the decision.
Nurses Act 2001 Section 34
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(3) Any such request shall be made within 60 days after the decision to which
it relates.
(4) The Board shall provide a copy of the decision within one month of
receipt of such a request.
(5) A copy of a decision shall—
(a) set out any findings on material questions of fact;
(b) refer to any evidence or other material on which the findings were
based; and
(c) give reasons for the decision.
34 Review of orders of the Board
(1) Any person aggrieved—
(a) by an order made under sections 29 or 31; or
(b) by any refusal or failure to register the person as a nurse or
midwife;
may, not later than one month after being served with, or sent, the order in
accordance with section 32, or not later than three months after the
application for registration was lodged, apply to the Council for review.
(2) Any such review will be in the nature of a new hearing at which new
evidence may be given.
(3) The council may make such order as it thinks fit.
(4) The provisions of this section do not apply to enable an applicant for
provisional registration or the holder of a certificate of provisional
registration that has been cancelled to apply for a review of the refusal or
cancellation of the certificate of provisional registration.
35 Effect of removal from register or suspension
(1) Where the name of a nurse or midwife has been removed from a register
under this Act, and until the person's name is restored thereto, the nurse or
midwife shall be deemed not to be registered under this Act.
(2) Where a nurse or midwife has been suspended from practice as a nurse or
midwife under this Act, the Registrar shall make an entry in the register of
that fact and of the date and cause thereof.
Section 36 Nurses Act 2001
No. 4 of 2001 Page 20
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36 Surrender of certificates of registration
(1) Any person whose name is removed from the register, or who has been
suspended from practice as a nurse or midwife or whose certificate of
provisional registration has been cancelled, pursuant to the provisions of
this Act, shall within 14 days from receipt of the notification of such
removal or suspension or cancellation surrender to the Board any
certificate of registration or provisional registration issued to the person
under this Act.
(2) Any person who, without reasonable excuse, contravenes this section
commits an offence against this Act and is liable on conviction to a fine
not exceeding $200.
37 Registration of name to register
(1) Where the name of any person has been removed from the register
(otherwise than under section 13(3)), or any person has been suspended
from the practice of nursing or from the practice of midwifery, the
person's name shall not be restored to the register, and the suspension of
such person shall not be terminated before the period for which the
suspension was imposed, except by direction of the Board or by order of
the Council or order of a court of competent jurisdiction.
(2) The Board may, if it thinks fit in any case, direct the Registrar, without fee
or on payment of such fee, not exceeding the current registration fee as the
Board may direct, to restore to a register any name removed therefrom
and the Registrar shall restore the name accordingly.
PART V—MISCELLANEOUS
38 Supervised practice
Nothing in this Act prevents a person from engaging in the supervised practice
of nursing to the extent required as part of clinical nursing training provided that
such nursing practice is in accordance with any other conditions that may be
prescribed in the regulations.
39 Making false or fraudulent representation
A person who, in an application for registration under this Act, makes or
produces or causes to be made or produces or causes to be made or produced any
false or fraudulent representation, certificate or affidavit, either verbally or in
writing, and any person who knowingly aids or assists therein commits an
Nurses Act 2001 Section 40
No. 4 of 2001
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Page 21
offence and shall be liable on conviction to a fine not exceeding $1000 or to
imprisonment for a term not exceeding 6 months or both.
40 Offence and penalty
Any person who contravenes or fails to comply with any provision of this Act or
any regulation made under this Act commits an offence, and on conviction shall,
where no other penalty is provided, be liable to a fine not exceeding $1000 or
imprisonment for a term not exceeding 6 months or both; and in the case of a
continuing offence, to a fine not exceeding $100 for every day or part of a day
during which the offence has continued.
41 Prosecutions
(1) Prosecutions for an offence under this Act may be brought—
(a) by or on behalf of the Attorney General; or
(b) by a member of the police.
(2) A person referred to in subsection (1)(b), whether or not a law
practitioner, may lay, institute or conduct any charge, information,
complaint or other proceedings arising under this Act, subject to any
directions issued by the Attorney General.
42 Crown to be bound
This Act binds the Crown.
43 Regulations
The Minister may, with the consent of the Cabinet, make regulations prescribing
matters necessary or convenient to be made for carrying out or giving effect to
this Act and, in particular, for the following purposes—
(a) prescribing the duties of the Registrar;
(b) prescribing the fees payable under the Act and the regulations;
(c) exempting from the operation of any of the provisions of this Act or
the regulations made hereunder such persons or classes of persons
as may be specified;
(d) providing codes of conduct for nurses and midwives;
(e) prescribing the qualifications for registration as a nurse and
midwife;
(f) prescribing the format of any examination to be conducted by the
Board in connection with the registration of nurses or midwives;
Section 44 Nurses Act 2001
No. 4 of 2001 Page 22
to
(g) prescribing the grounds on which registration may be suspended;
and
(h) prescribing the procedures to be followed in conducting
disciplinary inquiries.
44 Savings
(1) All persons who, at the commencement of this Act, are registered in the
Nursing Section of the Health Practitioners maintained under the Health
Practitioners Registration Act 1991 shall be deemed to be registered under
this Act.
(2) A reference in any other Act or instrument to a registered nurse, or a nurse
registered under the Health Practitioners Registration Act 1991, shall be
read and construed as a reference to a nurse registered under this Act.
Nurses Act 2001 SCHEDULE
No. 4 of 2001
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SCHEDULE
Form 1
CERTIFICATE OF REGISTRATION
(Nurses Act 2001)
(Section 6(2))
Nurses Board of the Kingdom of Tonga
This is to certify that the name of ......................................................... was entered in
the Register of Nurses or Midwives for the Kingdom of Tonga as a
............................................................................... under the Nurses Act 2001 on the
........................ day of ........................................ 20 ..........
Registration No:........................
..........................................
Registrar
This Certificate must be retained as evidence that you have been registered in the
Kingdom of Tonga.
SCHEDULE Nurses Act 2001
No. 4 of 2001 Page 24
to
Form 2
CERTIFICATE OF PROVISIONAL REGISTRATION
(Nurses Act 2001)
(Section 8(1))
Nurses Board of the Kingdom of Tonga
This is to certify that the name of .............................. is provisionally registered as a
..................................... until ...................... day of ...........................................20..........
Registration No:............................
.....................................................
Chairman
This certificate of provisional registration covers practice until the expiry date
shown.
This Certificate must be retained following the expiry date as evidence that you
have been provisionally registered in the Kingdom of Tonga.
Passed by the Legislative Assembly this 11 day of July, 2001.
