The Association’s professional team answer your questions about professional issues, your rights and responsibilities.

I am dual-qualified but currently am only employed as a nurse. I want to do some casual shifts as a midwife to keep up my registration, can I work casually as a midwife?

To maintain dual registration as a nurse and midwife, you must meet the NMBA’s Recency of Practice registration standard as a nurse and as a midwife. If so, you can work in either professions and there is no reason why you could not pick up shifts as a midwife in addition to your nursing shifts, if the employer has shifts available and your employment contract has you as both a nurse and midwife.

The hospital I work at is undertaking multiple medical terminations every week and it is affecting my mental health. Can I conscientiously object?

The Abortion Law Reform Act 2019 states that if a practitioner has a conscientious objection, they must disclose this to the person delegating the work as soon as practicable and transfer the care to another practitioner who does not have a conscientious objection. This conscientious objection does not extend to emergency care.

The ANMF has a policy regarding conscientious objection. It states that discriminatory or adverse action should not be taken against a health practitioner with a conscientious objection, and that there should be appropriate counselling available to meet their needs.

Please call Nurse & Midwife Support if you need further assistance: 1800 667 877

I have been on the non-practising register as a midwife for over 15 years but I still work clinically as a nurse. Is there a time limit on the amount of time I can remain non-practising?

No, there is no time limit to being on the non-practising register provided you continue to pay the registration fee. Once you are on the non-practising register, you are not required under the National Law to meet registration standards of recency of practice, fulfil continuing professional development, or have professional indemnity insurance. Due to the amount of time you have spent non-practising, you will be unable to re-enter the workforce without further study.

I work in a community setting. Sometimes, patients in my care are admitted to hospital. Am I permitted to look at their notes using electronic medical records, to check their progress while they are in hospital?

No, if you are not involved in the care of that person at that time, you do not have the authorisation to view their records. Electronic medical records belong to the LHD or the facility and to access these notes, authority is required. That is, approval from the LHD or facility. Nurses and midwives have an ethical and legal obligation to protect a person’s privacy, which is included in the NMBA code of conduct.

I have not practised a total of 450 hours in the last five years. Do I still meet recency of practice? What happens next?

If you have not practiced for a total of 450 hours in the last 5 years you may not meet recency. Practice hours count if you use your skills and knowledge as a health practitioner in your profession, these can be remunerated or not. If you are unsure, please contact the Association for individual advice. If you do not meet recency, you may be asked to complete supervised practice or a re-entry to practice program.

I have recently been employed by a nursing agency. The agency is asking that I attend manual handling education before commencing work. Is it my responsibility to source this education?

The Work Health and Safety Act 2011 No. 10 (NSW) outlines the duty of care held by an employer. Under the act, your employer has a duty to ensure you are provided with the training and instruction to protect you from risk that can arise from the workplace. So, if it is mandatory your employer should be providing you with the training.

Can I count routine yearly education, such as basic life support, towards my CPD hours?

Activities can only be counted if they are relevant to your context of practice and where you have engaged in new learning. Routine yearly education 
cannot be counted unless there is something new that you have learned.

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