DISCRIMINATION IN EMPLOYMENT ON THE
BASIS OF CRIMINAL
RECORD
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Submission No. 35 - Nurses Board of Victoria
Submission received from: Ella Lowe, President
Contact Officer:
Melanie Saba, Registrar. Tel: 03 86351236
Mr Stephen Duffield
Director, Human Rights Unit
GPO BOX 5218
SYDNEY NSW 2001
15 February 2005
Dear Mr Duffield
Re: Discrimination in Employment on the Basis of Criminal Record Discussion Paper December 2004
Thank you for the opportunity to comment and please find attached the Nurses Board of Victorias' response in relation to the above discussion paper.
Our response is based on the experience of staff at the Nurses Board of Victoria and considers such evidence as appropriate in establishing a framework to the discussion for discrimination in employment on the basis of criminal record.
In addition, please note that the Nurses Act 1993 s. 7(2)(c), as detailed in our submission gives the power to the Board to refuse registration in Victoria if the applicant has been found guilty of a indictable offence in Victoria or an equivalent offence in another jurisdiction.
If you have any further enquiries please do not hesitate to contact Melanie Saba Registrar on 86351236.
Yours faithfully
Ella Lowe
President
Nurses Board of Victoria response to Discussion paper by the Human Rights and Equal Opportunity Commission on Discrimination in Employment on the Basis of Criminal Record
Background
The Nurses Board of Victoria is a self-funded statutory authority incorporated under the Nurses Act 1993. The current Board is in its tenth year of operation, having been constituted in July 1994, but our history can be traced to the establishment of the first Nurses Board in 1923.
The 12 member Board, appointed by the Victorian Government's Minister for Health, sets policy and direction and is supported by an executive management. The Board also establishes advisory committees to obtain expert advice on nursing and other matters.
Our Mission is to protect the public of Victoria through the statutory regulation of the nursing profession. Through this legislation, we are fully aware of our duties not only as a statutory authority, but also as members of the wider community. By regulating all fields of nursing, we protect the community by ensuring its care is in safe and competent hands. We also ensure the wellbeing of the community of nurses, who play such a vital role in achieving our mission.
Our business is to regulate the profession, register nurses and annually renew their status. Only nurses registered by us are entitled to use the term "registered nurse" in this state.
Board's Role
The Board does not control the employment of nurses within the state of Victoria, therefore cannot comment as to the extent and nature of discrimination in employment in nursing on the basis of a criminal record. However, the Board considers convictions for eligibility for registration or continued registration in Victoria.
Current powers
- s. 3 Nurses Act 1993 includes a finding of guilt of an indictable offence in Victoria or an equivalent offence in another jurisdiction as one of the definitions of unprofessional conduct. Therefore a nurse receiving a conviction for an indictable offence may be required to face a hearing into their conduct by the Board if the conviction is considered relevant to practicing as a nurse in Victoria.
- s. 7(2)(c) Nurses Act 1993 gives the power to the Board to refuse registration in Victoria if the applicant has been found guilty of a indictable offence in Victoria or an equivalent offence in another jurisdiction. The Board considers each case on an individual basis as to the effect of the conviction on the possible registration of the nurse in Victoria. The Board considers the seriousness of the offence, any rehabilitation undertaken by the individual and relevance of the behaviour to nursing practice. For example: A nurse who was convicted of defrauding their employer of considerable amount of money was allowed to practice by the Board with restrictions relating to their access to money and requirements for the nurse to undergo counselling.
In Summary
The Nurses Board of Victoria balances its statutory requirement to consider convictions for indictable offences against the need to provide natural justice and equity to the nurse being investigated by the Board. As discussed previously the Board considers the seriousness and relevance of the offence to registration of a nurse in Victoria.