This article applies to publicly funded health services in Victoria.
Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Amendment Act 2025 (Vic)
On 9 April 2025, the Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Amendment Act 2025 (Vic) (the Amending Act) commenced and amended the Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Act 2015 (Vic) (the Act).
What’s changed?
The key changes made by the Amending Act relate to the staffing ratio requirements of:
- intensive care units (ICUs);
- emergency departments;
- coronary care units;
- high dependency units; and
- antenatal and postnatal wards.
Further Information
Intensive Care Units
The Amending Act has inserted several new requirements relating to ICUs, including the amendment of section 12 of the Act to ensure that the rounding method is applied to ICUs in level 1 and level 2 hospitals.
Sections 20A and 20B have also been introduced to impose specific staffing requirements for ICUs in level 1 and level 2 hospitals. These provisions mandate that an ICU must be staffed by one nurse for every occupied bed in the ICU, as well as one nurse in charge. These provisions also set out the number of ICU liaison nurses and team leaders required for morning, afternoon and evening shifts in level 1 and level 2 hospitals.
The definition of intensive care unit has been inserted into the Act, which provides that an intensive care unit is “a unit (other than a neonatal intensive care unit), or part of such a unit, dedicated to the identification, monitoring and treatment of patients who are critically ill through the initial and sustained support of vital organ functions”.
Emergency Departments
The Amending Act has amended section 20 of the Act to provide that an emergency department in a hospital specified in Part 1 of Schedule 3 of the Act must be staffed with one nurse for each resuscitation bed during the morning shift.
Coronary Care Units
Section 21 of the Act has been amended to introduce a new requirement for hospital operators to staff a coronary care unit with a nurse in charge on the night shift.
High Dependency Units
The Amending Act inserts a new requirement under section 22 of the Act requiring operators of a level 1 hospital to staff a standalone high dependency unit with one nurse in charge on night shift. This requirement does not apply if the unit is co-located with an intensive care unit.
Antenatal Wards
The Amending Act has inserted new section 30A into the Act, requiring operators of a prescribed hospital to staff an antenatal ward with one midwife for every 4 patients on the night shift.
Postnatal Wards
The Amending Act introduces new section 31B into the Act which requires operators of a prescribed hospital to staff a postnatal ward with one midwife or nurse for every 4 patients on the night shift and one midwife in charge or nurse in charge.
Transition provisions
These amendments are implemented through a phased approach, whereby the relevant organisation must meet the following;
- on and from 9 April 2025, 25% of the additional staffing requirement set out in the relevant provision in each 28 day period;
- on and from 1 December 2025, 75% of the additional staffing requirement set out in the relevant provision in each 28 day period;
- on and from 1 July 2026, 100% of the additional staffing requirement set out in the relevant provision.
In the case of the night shift on antenatal (section 30A) and postnatal wards (section 31B), the operator of a prescribed hospital must meet the following:
- on and from 9 April 2025, in each 28 day period, a 1:6 nurse to patient ratio and 25% of the additional staffing requirement set out in the relevant provision;
- on and from 1 December 2025, in each 28 day period, a 1:6 nurse to patient ratio and 75% of the additional staffing requirement set out in the relevant provision;
- on and from 1 July 2026, 100% of the additional staffing requirement set out in the relevant provision.
What you should do
Organisations should remain informed about changes to staffing ratio requirements and update their staffing policies and procedures accordingly to ensure full compliance with the obligations as outlined above.
