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Section 150 Committee

The Council has delegated to members of its Section 150 Committee certain important powers relating to the protection of the public. These powers include the power:

  • to order the suspension of the registration of a nurse, midwife or student;
  • to order the imposition of registration conditions relating to the practise of nursing and midwifery upon the registration of a nurse, midwife;
  • order the imposition of conditions on a student's registration.

where satisfied that it is appropriate to do so for the protection of the health or safety or any person or persons or is satisfied the actions are otherwise are in the public interest.

In practice, unless the conduct of the nurse or midwife is such as to require immediate suspension or imposition of registration conditions, the Council will provide the nurse, midwife or student with notice that the Council is considering suspension or the imposition of registration conditions. The nurse, midwife or student will be provided with a reasonable time to make submissions to the Council showing cause why the action contemplated should not be taken.

A nurse or midwife who has been suspended, or who has conditions imposed on his or her registration may apply at any time for review of the decision suspending registration or imposing registration conditions. Where an application has been made for review of the decision of the Council suspending registration or imposing conditions on registration the Council may affirm or vary the decision or set is aside and take any action the Council has power to take under section 150 of the National Law (NSW). The Council may only vary or set aside the decision if it is satisfied that there has been a change in the circumstances of the nurse, midwife or student that justifies the variation or setting aside of the decision.

Where a nurse, midwife or student makes an application for the review of a decision by the Council suspending his or her registration or imposing registration conditions the Council may take certain actions. The Council may vary or affirm the decision or may set is aside,  and take any other action the Council may take under section 150 of the National Law (NSW). The Council may only vary or set aside a decision suspending registration or imposing registration conditions if it is satisfied that there has been a change in the circumstances of the nurse, midwife or student which justifies the variation or setting aside of the decision.

The Committee members are Council members, one of whom is a registered nurse or midwife, and one who is not a registered health professional, as required by the National Law (NSW).

Action taken by the Council to suspend or impose conditions upon the registration of a nurse, midwife or student is an interim measure to protect the health or safety of a person or persons or is otherwise taken in the public interest. It is followed by an investigation by the Health Care Complaints Commission, or with the agreement of the Commission, referral for performance assessment or management in the Council's health program.