New South Wales Consolidated Acts

HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 284

284 Exemption from requirement for professional indemnity insurance arrangements for midwives practising private midwifery

(1) During the transition period, a midwife does not contravene section 129(1) merely because the midwife practises private midwifery if--

(a) the practise occurs in a participating jurisdiction in which, immediately before the participation day for that jurisdiction, a person was not prohibited from attending homebirths in the course of practising midwifery unless professional indemnity insurance arrangements were in place; and

(b) informed consent has been given by the woman in relation to whom the midwife is practising private midwifery; and

(c) the midwife complies with any requirements set out in a code or guideline approved by the National Board under section 39 about the practise of private midwifery, including--

(i) any requirement in a code or guideline about reports to be provided by midwives practising private midwifery; and

(ii) any requirement in a code or guideline relating to the safety and quality of the practise of private midwifery.

(2) A midwife who practises private midwifery under this section is not required to include in an annual statement under section 109 a declaration required by subsection (1)(a)(iv) and (v) of that section in relation to the midwife's practise of private midwifery during a period of registration that is within the transition period.

(3) For the purposes of this section, the transition period--

(a) starts on 1 July 2010; and

(b) ends on the prescribed day.

(4) If the National Board decides appropriate professional indemnity arrangements are available in relation to the practice of private midwifery, the Board may recommend to the Ministerial Council that the transition period, and the exemption provided by this section during the transition period, should end.

(5) In this section--

"homebirth" means a birth in which the mother gives birth at her own home or another person's home.

"informed consent" means written consent given by a woman after she has been given a written statement by a midwife that includes--

(a) a statement that appropriate professional indemnity insurance arrangements will not be in force in relation to the midwife's practise of private midwifery; and

(b) any other information required by the National Board.

"midwife" means a person whose name is included in the Register of Midwives kept by the National Board.

"National Board" means the National Board for midwifery.

"private midwifery" means practising the midwifery profession--

(a) in the course of attending a homebirth; and

(b) without appropriate professional indemnity insurance arrangements being in force in relation to that practise; and

(c) other than as an employee of an entity.

"transition period" means the period referred to in subsection (3).