Supported by Health Professionals Bank. The results of this survey equips APNA members with information on the workforce conditions of your profession, and helps APNA’s develop evidence-based policy and programs relating to the primary health care nurse workforce and to advocate for you.
Nurses and midwives must not practise unless they have appropriate professional indemnity insurance cover
18 December 2017
The Nursing and Midwifery Board of Australia has a registration standard for professional indemnity.
The requirements for the standard include:
- Nurses and midwives, whether employed or self-employed, require professional indemnity insurance that covers the full scope of their practice unless exempted under the National Law.
- When applying for registration or renewal of registration, they must declare that they will not practise in their profession unless they have such insurance.
- Different types of practice require different levels of professional indemnity insurance cover, according to the level of risk. This may involve civil liability cover, unlimited retroactive cover and run-off cover.
- It is the responsibility of nurses and midwives to understand the cover under which they are practising.
- Self-employed nurses and midwives are required to have run-off cover, except those midwives practising privately who are exempt under the National Law.
- Nurses and midwives who hold insurance cover in their own name are required to retain documentary evidence of their insurance arrangements and provide it to the Board on request.
- Self-employed midwives must provide full disclosure of their level of professional indemnity insurance to their clients.
"...many nurses seek their own professional indemnity insurance to protect themselves from legal exposure..."
If a patient is harmed, or is allegedly harmed, as a result of the negligent acts or omissions of a nurse working in primary health care, the employer’s legal responsibility depends in part on whether the nurse is an employee or an independent contractor.
Employers are legally responsible for an employee’s negligence, based on the principle of vicarious liability. Under that principle, the employer is legally liable for negligence that arises from or occurs in the scope and course of the employment relationship.
However, the principle of vicarious liability does not absolve the nurse working from responsibility or remove their legal exposure.
Therefore, many nurses seek their own professional indemnity insurance to protect themselves from legal exposure, provide access to advice when needed and which follows them no matter where they provide nursing services.
Read more about registration obligations under the Nursing and Midwifery Board of Australia:
- Registration standard: Professional indemnity insurance arrangements
- Fact sheet: Professional indemnity insurance arrangements
News and Opinion
- News: My Health Record update: Legislation changes
- Championing Change
- Carnegie nurse wins Nurse of the Year at prestigious national awards
- Primary Times Spring 2018 issue out now
- Vaccinations: New resources to address common questions
- How do you get a job in general practice?
- The view from the other side
- Member tales: Greater scope
- HIV prevention as a primary health care nurse
- Member profile : Cathy Carrasco
- Farewell CEO
- News: Amendment to APNA’s Constitution gets passed at EGM in Melbourne
- Primary Times Summer 2018 issue out now
- Do you work in Central and Eastern Sydney?
- Member tales: ECGs, making nursing worth
- Member tales: Meningococcal scare
- Is ear irrigation within my scope of practice?
- Member tales: Reduce and protect
- Member tales: An empty schedule, but a full day
- Member tales: Changing Times
- Are you interested in improving the quality of data that is collected in primary health care?
- APNA welcomes Dr Tony Hobbs back on board
- Health Workforce Scholarship Program 2019
- Member tales: Everyone has poor health literacy until proven otherwise
- Long-serving board member appointed CEO
- Vaccination doesn't stop at childhood
- APNA welcomes $12 million boost to national immunisation education
- APNA meets with Health Minister Greg Hunt
- Member tales: Farmers in a rural practice
- Member tales: Another new year in primary health care
- Valuing our primary health care nurses: APNA Workforce Survey 2018 supported by Health Professionals Bank features in MJA InSight
- Time for their flu shot
- Primary Times Winter 2018 issue out now
- Does my workplace Professional Indemnity Insurance give me enough protection?
- News: Changes to Domiciliary Medication Management Review (DMMR)
- Now is the time to protect your older patients against shingles with Zostavax
- 2018 National Immunisation Program influenza vaccines available
- Are you ready for winter's woes?
- Here is how you pump up the volume - The trifecta of improving primary healthcare
- Getting you through the Flu (season)
- Are you getting the most out of your nursing workforce?
- News: Janine Mohamed: Cultural safety matters – The conversation we need to keep having
- News: Better care at end of life gets a boost with new website
- News: Cultural safety matters – The conversation we need to keep having
- Improving patient outcomes – Primary health care nurses working to the breadth of their scope of practice
- Nurses and midwives must not practise unless they have appropriate professional indemnity insurance cover
- News: Smart digital health to help drive government's chronic disease initiative
- What will Health Care Homes mean for nurses?
- The Bega Teen Clinic
- Multi-drug resistant gonorrhea
- Tough Talk– Australian urged to plan for end of life care