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New Nurse to Patient Ratio Requirements in Victoria

surgeons in a hospital

This article applies to public hospitals and health services in Victoria.

Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Amendment Act 2020 No. 36 (Vic)

On 1 July 2022, the remaining parts of the Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Amendment Act 2020 No. 36 (Vic) (the Amending Act) commenced and amended the Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Act 2015 (Vic) (the Act).

Overview

The Amending Act has made alterations to nurse-to-patient ratios on specified shifts at small hospitals, in special care nurseries and in birthing suits.

We also note that Warrnambool Base Hospital has also been reclassified from a level 3 hospital to a level 2 hospital.

Small hospitals

Section 10 of the Act has been amended to amend the ratios in small hospitals to introduce a new requirement to be staffed with an After Hours Coordinator. More specifically, the operator of a hospital with only 2 wards is required to staff the hospital with one After Hours Coordinator or equivalent position during all off-duty periods of the Director of Nursing or Director of Midwifery.

For example, on a Saturday night shift during the off-duty period of the Director of Nursing, a level 4 hospital with 2 acute wards must be staffed with one After Hours Coordinator or equivalent position.

If the hospital with one or two wards has either at least 2500 annual presentations in the 12 months immediately preceding the day on which the ratio is being applied, or has a nominated birthing suite, the hospital must count the After Hours Coordinator in addition to any ratio that applies.

Special care nurseries

Section 27 of the Act has been amended to alter the ratio applying to special care nurseries by introducing requirements to staff a nurse or midwife in charge for the night shift, in addition to the existing ratio requirements.

Birthing suites

A level 1, 2 or 3 hospital should also note that the ratio applying to birthing suites has changed through the introduction of a requirement for hospitals with 6 or more nominated birthing suites to also staff one midwife in charge on the morning shift, one midwife in charge on the afternoon shift (on and from 1 July 2023), and a midwife in charge on the night shift.

Conclusion

Public hospitals and health services in Victoria should be aware of the changes to staffing ratio requirements and should update staffing ratio policies and procedures to ensure they comply with the ratios, as discussed above.

How Health Legal can help:

For further information please contact the Health Legal and Law Compliance team via our contact page here.