Nursing and Midwifery Board of Australia v Singh (Review and Regulation) [2014] VCAT 1171. This course is also applicable to midwives. 11.239         However, some question whether restrictive practices are ever truly necessary, often stressing the importance of instead using ‘Positive Behaviour Support’. Session 1 – Introduction to the Legal System in Australia - including discussions on the foundation of law in Australia, our court system, different types of legal charges and the role of the Office of the Health Complaints Commissioner in Victoria and the role of tribunals in the legal system. The most famous case of false imprisonment within the immigration detention system is the case of Cornelia Rau who was an Australian resident detained in the Baxter Immigration detention Centre for a period of 10 months when the Department of Immigration mistakenly assumed that she was an unlawful migrant when in fact she was a person with a untreated mental illness. false imprisonment ... Regulatory bodies may include: Australian Nursing and Midwifery Council (ANMC) False imprisonment is a legal term that refers to the restraining of a person without legal authority or justification. See, eg, Office of the Public Guardian (Qld), Submission 173; Seniors Rights Victoria, Submission 171; Australian Nursing & Midwifery Federation, Submission 163; National LGBTI Health Alliance, Submission 156; Office of the Public Advocate (Qld), Submission 149; Leading Age Services Australia, Submission 104; Queensland Nurses’ Union, Submission 47. If regulated, restrictive practices may be used less often and only … Examples of such laws include malpractice, invasion of privacy, assault, battery, libel, slander, and false imprisonment. Included is an outline of legal precepts, documents, scope of practice of registered and enrolled nurses and the legal and ethical principles of nursing practice. Member $400, non-member $550, Job Rep/SIG member $380. Question 3 Explain each of the following terms and give an example using a nursing context. See Michael Williams, John Chesterman and Richard Laufer, ‘Consent vs Scrutiny: Restrictive Liberties in Post-Bournewood Victoria’ (2014) 21 Journal of Law and Medicine 1. 11.240         The proposal in this section is not intended to imply that restrictive practices are sometimes necessary, much less condone their use. • the tort of false imprisonment 1 In some cases, a court may find that the legality of such arrangements rests on the common law doctrine of necessity. Practicing without a current and valid license is illegal and it amounts to pra… Restrictive practices should only be used when all behavioural prevention strategies have been systematically attempted or considered. They also suggested that government guidance on the use of restrictive practices may amount to ‘tacit approval of these practices’: People with Disability Australia, Submission 167. The law treats false imprisonment (which includes unlawful restraint), battery (which includes contact with another person without lawful excuse) as forms of assault. Tort LLB102 Tort Law. [243], 11.236         Common forms of restrictive practice include: detention (eg, locking a person in a room or ward indefinitely); seclusion (eg, locking a person in a room or ward for a limited period of time); physical restraint (eg, clasping a person’s hands or feet to stop them from moving); mechanical restraint (eg, tying a person to a chair or bed); and chemical restraint (eg, giving a person sedatives). The practices might also sometimes amount to assault, false imprisonment and other civil and criminal wrongs. [247] PWDA also said these practices should be stopped, and that there should instead be a focus on the ‘environmental or service factors’ that cause problematic behaviour. Finally this session includes potential outcomes from an AHPRA notification disciplinary action and the role of VCAT in this process. [253] Calls for reform, including for nationally consistent legislated regulation, were repeated in submissions to this Inquiry into elder abuse.[254]. Typically, the person who imprisons the resident will disable the resident by leaving them without their wheelchair or crutches or threaten the resident with harm or deprivation of food or water. false imprisonment: The illegal confinement of one individual against his or her will by another individual in such a manner as to violate the confined individual's right to be free from restraint of movement. Note: Australian legislation relating to negligence is mostly aligned, however, small differences do exist between States and Territories. Calls for reform, including for nationally consistent legislated regulation, were repeated in submissions to this Inquiry into elder abuse. 11.241         A national framework exists for reducing and eliminating the use of restrictive practices in the disability service sector. This was the approach of the House of Lords in R v Bournewood Community and Mental Health NHS Trust; Ex parte L … False imprisonment is regarded as a serious offence because the Court takes the deprivation of a person’s liberty very seriously. AUSTRALIAN JOURNAL OF ADVANCED NURSING Volume 35 Issue 1 40 SCHOLARLY PAPER A nurses’ guide to ethical considerations and the process for ethical approval of nursing research AUTHOR Rebecca (Becky) Ingham‑Broomfield, J.P. RN (NSW), ENB249 Cardio-Thoracic Nursing (London), Cert.Ed, Dip.Nurs. The law treats false imprisonment [which includes unlawful restraint], battery [which includes contact with another person without lawful excuse] as forms of assault. PB v State of NSW – Client sues police after assault, battery and false imprisonment false imprisonment to redress the elderly patient's lack of rights. Malpractice is a broad term that is use to incorporate negligence, misconduct, or breach of duty by a professional that results in injury/damage to a patient (Reising & Allen, 2007). All registered and licensed practical, or vocational, nurses must be currently licensed to practice nursing in their state of practice. If a patient is restrained unlawfully and with out consent there could be a claim of false imprisonment. They are therefore intended to be used to protect the restrained person or others from harm. Always refer first to your region’s legislation and organisation’s policies on negligence and duty of care. 2020/21 Christmas Closure: closed from 5pm Wednesday 23 December 2020 reopening 8.30am Monday 4 January 2021. Session 5 – Confidentiality Privacy Use of Social Media - including discussions on the legal requirements of confidentiality and privacy within the context of health care, the limitations to confidentiality, the legal privacy principles that apply in Victoria, the AHPRA social media policy, appropriate social media use policy and principles of using social media for nurses/midwives. Office of the Public Advocate (Qld), Submission 149. In simple terms, false imprisonment can apply to any act in which a person intentionally restricts another person’s freedom to move or to leave without consent. Sign up to received email updates. Physical chemical phycological False imprisonment occurs when the nursing home staff prevents the resident from leaving a certain area, such as their room or a wing of the facility. This can also be called unlawful imprisonment in the first degree and is detailed in the penal code for your state. [251], 11.242         In the Equality, Capacity and Disability Report, the ALRC discussed the use of restrictive practices in Australia, highlighted the ‘patchwork’ of federal, state and territory laws and policies governing restrictive practices, and set out stakeholder calls for reform. The scheme in the Disability Act 2006 (Vic) pt 7 may be a suitable model. The penalty ranges from 2 years imprisonment (with no actual bodily harm) to 5 years … The home and the guardian should be facing criminal prosecution for false imprisonment. A Guardian for an aged care resident is usually a close friend, relative or professional guardian. Australian Law Reform Commission, Equality, Capacity and Disability in Commonwealth Laws, Report No 124 (2014) rec 8-2. 11.238         In practice, restrictive practices are most often used on people with an intellectual disability or cognitive impairment who exhibit ‘challenging behaviours’, such as striking themselves or other people or ‘wandering’. Instead of using restraints, care workers and informal carers ‘need to be supported and given adequate time to provide responsive and flexible and individualized care’. A defence to an action for false imprisonment is therefore if the act of the defendant was authorised or justified for example, due to statutory or common law powers of arrest. If the hospital does not want to honor the patient's decision to refuse a transfer, the hospital should request a judicial ruling on the issue. In healthcare, false imprisonment happens when a patient is held involuntarily in a hospital, nursing home, other health facility or institution, or even in an ambulance. Copyright © 2020 ANMF. It all started with an off-hand remark. Due to the high level of restraint usage it is now regulated in all healthcare facilities. It comes in many forms and does not require physical restraint necessarily. (Hons), MSc (Health Psychology) Powered by Mediasphere. Session 8 – Negligence and Ethics -  including discussions on the principles of Professional Negligence and related legal elements, principles of ethical decision making in nursing/midwifery, ethical theories relevant to nursing/midwifery, principles of ethics to health care, euthanasia elements and arguments and the legal status of euthanasia in Australia and worldwide. Session 2 – AHPRA - which includes an outline the legal and regulatory framework in which nurses and midwives practice. The department of Health and Ageing 2005 identified a high level of restraint usage in Australian nursing homes. Australian and New Zealand Society for Geriatric Medicine, Submission 51. [244] The Australian and New Zealand Society for Geriatric Medicine submitted that restrictive practices are ‘still pervasive’ in residential aged care facilities, ‘particularly in relation to chemical sedation and inappropriate use of drugs’. Guide to Good Nursing Practice Physical Restraint Preamble The application of physical restraint in nursing involves the curtailment of the freedom of clients. Session 3 – Scope of Practice Professional boundaries - including a definition of duty of care, scope of practice decision making framework, the place of organizational policy and procedure in scope of practice decision making, defining the terms unprofessional behaviour and professional misconduct and the implications for practice, the four professional boundary areas and identifying potential boundary crossing behaviours  in nursing/midwifery practice. We’ve also undertaken a detailed analysis of resident deaths in Australian nursing homes reported to the coroner between 2000 and 2013. In this case, however, a note written in a chart led to a charge of false imprisonment by a patient against a hospital. Please note this seminar runs over two days. National Seniors Australia, Submission 154. 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