{"id":"sr:subordinate-legislation-safe-patient-care-nurse-patient-and-midwife-patient-ratios-regulations-2015","name":"Subordinate Legislation (Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Regulations 2015) Extension Regulations 2025","slug":"subordinate-legislation-safe-patient-care-nurse-to-patient-and-midwife-to-patient-ratios-regulations","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183544,"registerId":"vic-sr:subordinate-legislation-safe-patient-care-nurse-patient-and-midwife-patient-ratios-regulations-2015-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Subordinate Legislation (Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Regulations 2015) Extension Regulations 2025","content":"Version No. 001\n\n**Subordinate Legislation (Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Regulations 2015) Extension Regulations 2025**\n\n**S.R. No. 138/2025**\n\nVersion as at  \n9 December 2025\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provisions 1\n\n3 Extension of operation 1\n\n4 Revocation 1\n\n═════════════\n\nEndnotes 2\n\n1 General information 2\n\n2 Table of Amendments 4\n\n3 Explanatory details 5\n\n**Version No.** **001**\n\n**Subordinate Legislation (Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Regulations 2015) Extension Regulations 2025**\n\n**S.R. No. 138/2025**\n\nVersion as at  \n9 December 2025\n\n\t1 Objective\n\nThe objective of these Regulations is to extend the operation of the Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Regulations 2015, which would otherwise be revoked by virtue of section 5(1) of the **Subordinate Legislation Act 1994**, for the period specified in regulation 3.\n\n\t2 Authorising provisions\n\nThese Regulations are made under sections 5A and 28 of the **Subordinate Legislation Act 1994**.\n\n\t3 Extension of operation\n\nThe operation of the Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Regulations 2015[[1]](#endnote-1) is extended for the period beginning on 21 December 2025 and ending on 20 December 2026.\n\n\t4 Revocation\n\nThese Regulations are **revoked** on 21 December 2026.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Subordinate Legislation (Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Regulations 2015) Extension Regulations 2025, S.R. No. 138/2025 were made on 9 December 2025 by the Governor in Council under sections 5A and 28 of the **Subordinate Legislation Act 1994**, No. 104/1994 and came into operation on 9 December 2025.\n\nThe Subordinate Legislation (Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Regulations 2015) Extension Regulations 2025 will be revoked on 21 December 2026: see regulation 4.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Subordinate Legislation (Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Regulations 2015) Extension Regulations 2025 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\n1. Reg. 3: S.R. No. 169/2015 as amended by S.R. No. 15/2019. [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The scope has not changed from the original intent. This instrument purely preserves the existing regulatory framework without altering the nurse-to-patient or midwife-to-patient ratio requirements in any way. Its sole purpose is administrative continuity."},"complexity_factors":["Minimal substantive content — the regulation does one thing only: extend existing rules","Requires understanding of the 'sunsetting' mechanism for subordinate legislation to grasp why the extension is needed","No new obligations, definitions, or policy changes are introduced","The underlying 2015 Regulations (which this extends) are themselves more complex, but that complexity is not added by this instrument"],"plain_english_summary":"This regulation simply extends the Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Regulations 2015, preventing those legally enforceable minimum nurse and midwife staffing ratios in Victorian hospitals and maternity wards from expiring.  \n\nIt preserves patient safety and worker workload protections, keeps hospitals legally obliged to meet staffing limits, and does not change the ratios themselves."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the narrow, procedural function its title suggests: extending the life of existing regulations. There is no expansion of substantive content, no new policy, and no alteration to the scope of the underlying 2015 Regulations."},"complexity_factors":["Only 4 regulations total","No defined terms in the instrument itself (relies entirely on external references)","Single operative provision (regulation 3) containing a straightforward date range","No conditional logic, exceptions, or nested provisions","No cross-references to other legislation beyond the enabling Act and the target regulations","Self-executing revocation clause (regulation 4) with no triggers or conditions"],"plain_english_summary":"This is a short, technical piece of Victorian legislation that keeps existing nurse and midwife staffing rules alive for another year.\n\n**What it does:**\nUnder Victorian law, most regulations automatically expire (are \"revoked\") after 10 years unless Parliament extends them. This instrument extends the **Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Regulations 2015** — which set minimum staffing levels in public hospitals — for 12 months, from 21 December 2025 to 20 December 2026.\n\n**Who it affects:**\n- **Public hospitals and health services** in Victoria that must comply with nurse-to-patient and midwife-to-patient ratio requirements\n- **Nurses and midwives** whose working conditions and workload limits are governed by the 2015 Regulations\n- **Patients** receiving care in affected settings, as the ratios are designed to ensure safe staffing levels\n\n**Why it matters:**\nWithout this extension, the 2015 Regulations would automatically disappear on 21 December 2025. This would create a legal vacuum around mandatory staffing ratios — a key industrial and patient safety issue in Victorian healthcare. The extension buys time for the government to either remake the regulations permanently or pass new legislation.\n\n**Key detail:**\nThese extension regulations themselves self-destruct on 21 December 2026 (regulation 4), so another extension or replacement will be needed if the underlying rules are to continue beyond that date."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument does not change the substantive scope or policy of the underlying 2015 Regulations. It only extends their operation from 21 December 2025 to 20 December 2026 (reg 3) and provides for its own revocation on 21 December 2026 (reg 4). Administrative and compliance obligations under the 2015 Regulations therefore continue unchanged for the extension period."},"complexity_factors":["Single-purpose instrument: solely extends operation of an existing regulation for a fixed period (reg 3).","Straightforward legal basis: made under sections 5A and 28 of the Subordinate Legislation Act 1994 (reg 2); minimal drafting complexity.","Temporal clarity: explicit start and end dates and self-revocation on 21 December 2026 (reg 3–4).","No substantive amendments: does not alter the content, obligations or penalties of the 2015 Regulations — compliance requirements remain as before.","Operational dependence: assessing practical effects requires consulting the original 2015 Regulations referenced in the instrument (endnote 1).","Administrative impact concentrated on health providers and regulators who must continue existing compliance and enforcement activity for the extension period.","Low judicial-interpretation risk internally, but cross-references to prior instruments mean legal advisers may need to check continuity and transitional arrangements in the 2015 text."],"plain_english_summary":"These Regulations extend the operation of the Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Regulations 2015 so those ratio rules remain in force from 21 December 2025 to 20 December 2026, preventing their automatic expiry under the Subordinate Legislation Act 1994. They affect hospitals, nurses, midwives and health administrators by keeping existing mandatory staffing-ratio obligations, with compliance, enforcement and administrative duties continuing unchanged under the 2015 regulations."}},"importantCases":[],"_links":{"self":"/api/acts/subordinate-legislation-safe-patient-care-nurse-to-patient-and-midwife-to-patient-ratios-regulations","history":"/api/acts/subordinate-legislation-safe-patient-care-nurse-to-patient-and-midwife-to-patient-ratios-regulations/history","analysis":"/api/acts/subordinate-legislation-safe-patient-care-nurse-to-patient-and-midwife-to-patient-ratios-regulations/analysis","conflicts":"/api/acts/subordinate-legislation-safe-patient-care-nurse-to-patient-and-midwife-to-patient-ratios-regulations/conflicts","importantCases":"/api/acts/subordinate-legislation-safe-patient-care-nurse-to-patient-and-midwife-to-patient-ratios-regulations/important-cases","documents":"/api/acts/subordinate-legislation-safe-patient-care-nurse-to-patient-and-midwife-to-patient-ratios-regulations/documents"}}