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Knowledge questions
1. Briefly explain how the following legal and ethical considerations relevant to the nursing profession are applied in nursing practice in your State/Territory.
a) Children in the workplace (in 60-90 words):
b) Code of Ethics for Nurses in Australia (Nursing and Midwifery Board of Australia) (in 50-80 words): Satisfactory Not Yet Satisfactory
c) Code of Professional Conduct for Nurses (Nursing and Midwifery Board of Australia) (In 50-80 words): Satisfactory Not Yet Satisfactory
d) Codes of practice (in 40-70 words): Satisfactory Not Yet Satisfactory
e) Continuing professional education opportunities and mandatory CPD requirements for nurses (in 80 – 100 words):
f) Direct and indirect discrimination and its implications (in 150-180 words)
g) Duty of care of an enrolled nurse (in 100-130 words):
h) Equal employment opportunity (EEO) (in 60-90 words):
i) Human rights including access to healthcare (in 50-80 words):
j) Informed consent (in 80-110 words):
k) Professional indemnity insurance arrangements for enrolled nurses 60-90 words
l) Public liability insurance arrangements for enrolled nurses (in 25 – 50 words):
m) Life and death issues:
• Power of attorney (in 50-80 words):
• Living wills and advanced directives (advanced care plan) (in 60-90 words):
• Guardianship (guardian of property and person) (in 50-80 words):
n) Mandatory reporting (provide examples from a nursing context) (in 70-100 words):
o) Nursing and Midwifery Board of Australia nursing practice guidelines, standards and fact sheets:
• Enrolled nurse competency standards for practice (in 60-90 words):
• Professional boundaries (in 60-90 words):
• Professional practice guidelines (in 50-80 words):
• Decision-making framework (DMF) including the nursing flowchart (in 100-130 words):
• Re-entry to practice (in 100-130 words):
• Registration guidelines (in 40-70 words):
• Recency of practice fact sheet (in 60-90 words):
p) Privacy and confidentiality (in 70-100 words):
q) Disclosure of health information (in 30-60 words):
r) Policy frameworks for nursing practice, e.g. Australian Safety and Quality Framework for Health Care (in 80-110 words):
s) Social media policy (Include in your response the potential implications this has on ethics, professionalism and nursing in the health care environment) (in 160-200 words):
t) Ethical decision making models (identify and discuss two (2) models) (in 80-110 words):
u) Contemporary ethical concepts and principles in nursing such as:
• Autonomy:
• Beneficence:
• Non-maleficence:
• Justice:
• Rights:
• Veracity:
2. Describe how the following pieces of legislation and regulation impact your nursing practice:
a) Privacy Act 1988 (Commonwealth) (in 60-90 words):
b) My Health Records Act 2012 (Commonwealth) (in 70-100 words):
c) Aged Care Act 1997 (Commonwealth) (in 50-80 words):
d) Disability Discrimination Act 1992 (Commonwealth) (in 60-90 words): S
e) Criminal Code Act 1995 (Commonwealth) (in 80-110 words): Satisfactory Not Yet Satisfactory f) Work Health and Safety Regulations 2011 (Commonwealth) (in 70-100 words)
3. Various pieces of legislation are enacted in each State/Territory underpinning nursing practice. Identify the legislation relevant to your State/Territory relating to the following and describe how these pieces of legislation impact your nursing practice:
a) Health Practitioner Regulation National Law Act:
b) Health (drugs and poisons) legislation:
c) Mental health legislation:
d) Carers recognition legislation or official policies:
e) Anti-discrimination legislation:
f) Children and young people legislation:
g) Working with children legislation:
h) Workplace health and safety (WHS) legislation:
4. You noticed that the nurse allocated to take care of patients in the treatment room of your facility is not attending to the call bell requests made by people receiving care. You asked the nurse why the call bells are not answered. The nurse asked you to ignore it. Describe two (2) professional aspects breached by the nurse in this scenario (in 60-90 words).
5. The registered nurse asked a student nurse to assist a client with shaving. The student nurse is asked to perform the task without anyone supervising her. Applying the concept of vicarious liability, explain who will be held responsible for the actions or omissions of the student nurse? Will that be the student nurse herself or the registered nurse? (In 30-40 words).
6. You are asked by the registered nurse to provide oral care to a client. When should you obtain consent from the client to proceed with the care? (In 20-30 words).
7. Identify and outline two (2) legal requirements you must apply when writing nursing reports.
8. Imagine a situation where you observe an incidence of abuse or neglect in your workplace. What should you do when you suspect that abuse and/or neglect is occurring with one of your patients? (in 50-60 words).
9. Whom would you seek clarification from for concerns relating to requests for tests and referrals for the clients in the workplace? Identify two (2) personnel who could assist you.

10. Define the following terms:
a) Ethics:
b) Bioethics:
c) Nursing ethics:
11. You must use correct common legal terms associated with
nursing practice, and correctly interpret their meaning irrespective of the area in which you are working. Describe the following legal terms and types of law:
a) Civil law:
b) Common law:
c) Statute law:
d) Precedent:
e) Law of torts:
f) Negligence:
g) Trespass:
h) Assault:
i) Battery:
j) Legal capacity:
k) Intellectual capacity:
l) Clinical incapacity:
m) False imprisonment:
n) Defamation:
o) Vicarious liability:
p) Defendant:
q) Plaintiff:
r) Harassment:
s) Expert witness:
t) Coronial inquests:
12. The National Safety and Quality Health Service (NSQHS) Standards are being applied across a wide variety of health care services in all States/Territories in Australia. Describe the application of these standards (in 100-140 words).
13. Briefly explain the role of Nursing and Midwifery Board of Australia.
14. Different ethical theories exist and theories can be applied to different situations to inform our thinking and support decision making. Describe the following theoretical concepts related to ethical conduct (in 25-40 words each):
a) Consequentialism:
b) Deontological (duty-based) ethics:
15. Various clinical situations will leave you in an ethical dilemma. Discuss the ethical issues you might come across in relation to the following situations (in 50-90 words each):
a) Abortion:
b) Tissue transplantation and organ donation:
c) Reproductive technology
d) Euthanasia and assisted suicide:
e) Restraint:
f) Open disclosure:
g) Mandatory reporting:
h) Quality of life:
i) Conscientious objection:
j) Abuse, e.g. elder abuse:
k) Consent:
l) Artificially prolonging life:
m) Refusal and withdrawal of treatment:
n) Stem cell research, e.g. embryonic stem cell research.
16. The Australian court hierarchy consists of a variety of courts and tribunals. Describe the court system in Australia (Australian court hierarchy).
17. Identify and describe (2) sources you could refer to in accessing information related to Australian legislation and supporting documentation.
18. For a patient’s consent to be valid a number of criteria will need to be met. Briefly describe two (2) requirements of obtaining a valid consent
19. Explain the difference between implied consent and expressed consent (in 30-40 words).
20. Briefly describe the functions of the coroner in relation to a healthcare event (in 30-40 words).
21. When is it required to give evidence to the coroner and what types of evidence could you provide?
22. The owner of an aged care facility released the photos and videos of a resident who had dementia without prior consent. The resident’s family filed a petition in court against the organisation asking for compensation. In accordance with the Privacy Act 1988, what is the civil penalty the organisation might need to give the plaintiff, if they win? (in 30-40 words).
Website reference:
? Australasian Legal Information Institute (n.d). Home page. Retrieved from http://www.austlii.edu.au/
? Australian Government (n.d). Federal Register of Legislation. Retrieved from https://www.legislation.gov.au/
? Australian Commission on Safety and Quality in Health Care (2013). The Australian Open Disclosure Framework. Retrieved from https://www.safetyandquality.gov.au/our-work/opendisclosure/the-open-disclosure-framework/
? Australian Commission on Safety and Quality in Health Care (2012). National Safety and Quality Health Service Standards. Retrieved from https://www.safetyandquality.gov.au/publications/national-safety-and-quality-health-servicestandards/
? Legal dictionary (n.d). Civil Law. Retrieved from https://legaldictionary.net/civil-law/
? Nursing and Midwifery Board of Australia (2015). Professional Codes & Guidelines. Retrived from http://www.nursingmidwiferyboard.gov.au/Codes-GuidelinesStatements.a
People's Law Dictionary (n.d). Search Legal Terms and Definitions. Retrived from http://dictionary.law.com/Default.aspx?letter=A
Textbook reference:
? Raghunathan, K. (2016). Chapter 2 Professional nursing practice – legal and ethical frameworks. In Koutoukidis, G, Stainton, K & Hughson, J. (2016). Tabbner's nursing care. (7th ed.). Chatswood, NSW: Churchill Livingstone. Pp: 26 – 48.



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