QLDIn ForceAct
Hospital and Health Boards Act 2011
sec.138BPrescription of minimum nurse-to-patient and midwife-to-patient ratios
Start here
Get a plain-English read of sec.138B
Turn the raw legal text into a practical explanation grounded in Hospital and Health Boards Act 2011.
### sec.138B Prescription of minimum nurse-to-patient and midwife-to-patient ratios
A regulation may prescribe a requirement about the minimum number of nurses or midwives who must be engaged in delivering a health service according to the number of patients receiving the service.
The regulation—
may apply in relation to the delivery of stated health services—
by stated Services; and
at stated facilities or parts of facilities; and
at stated times; and
in stated circumstances; and
A regulation may require that, in each surgical ward in a stated public sector hospital, between 7a.m. and 3p.m. each day, there be at least 1 nurse for every 4 patients.
may include a requirement about the skills or qualifications of the nurses or midwives.
For this section—
a nurse or midwife is taken to be engaged in delivering a health service only if directly involved in providing care to 1 or more of the patients receiving the service; and
to remove any doubt, it is declared that if a person receiving care in a maternity ward gives birth, the person’s newborn baby is also counted as a patient receiving the service.
In this section—
newborn baby includes a baby—
who has shown no sign of respiration or heartbeat, or other sign of life, on being born; and
who—
has been gestated for 20 weeks or more; or
weighs 400 grams or more.
s 138B ins 2016 No. 29 s 5
amd 2024 No. 7 s 12
(sec.138B-ssec.1) A regulation may prescribe a requirement about the minimum number of nurses or midwives who must be engaged in delivering a health service according to the number of patients receiving the service.
(sec.138B-ssec.2) The regulation— may apply in relation to the delivery of stated health services— by stated Services; and at stated facilities or parts of facilities; and at stated times; and in stated circumstances; and A regulation may require that, in each surgical ward in a stated public sector hospital, between 7a.m. and 3p.m. each day, there be at least 1 nurse for every 4 patients. may include a requirement about the skills or qualifications of the nurses or midwives.
(sec.138B-ssec.3) For this section— a nurse or midwife is taken to be engaged in delivering a health service only if directly involved in providing care to 1 or more of the patients receiving the service; and to remove any doubt, it is declared that if a person receiving care in a maternity ward gives birth, the person’s newborn baby is also counted as a patient receiving the service.
(sec.138B-ssec.4) In this section— newborn baby includes a baby— who has shown no sign of respiration or heartbeat, or other sign of life, on being born; and who— has been gestated for 20 weeks or more; or weighs 400 grams or more.
- (a) may apply in relation to the delivery of stated health services— (i) by stated Services; and (ii) at stated facilities or parts of facilities; and (iii) at stated times; and (iv) in stated circumstances; and Example— A regulation may require that, in each surgical ward in a stated public sector hospital, between 7a.m. and 3p.m. each day, there be at least 1 nurse for every 4 patients.
- (i) by stated Services; and
- (ii) at stated facilities or parts of facilities; and
- (iii) at stated times; and
- (iv) in stated circumstances; and
- (b) may include a requirement about the skills or qualifications of the nurses or midwives.
- (i) by stated Services; and
- (ii) at stated facilities or parts of facilities; and
- (iii) at stated times; and
- (iv) in stated circumstances; and
- (a) a nurse or midwife is taken to be engaged in delivering a health service only if directly involved in providing care to 1 or more of the patients receiving the service; and
- (b) to remove any doubt, it is declared that if a person receiving care in a maternity ward gives birth, the person’s newborn baby is also counted as a patient receiving the service.
- (a) who has shown no sign of respiration or heartbeat, or other sign of life, on being born; and
- (b) who— (i) has been gestated for 20 weeks or more; or (ii) weighs 400 grams or more.
- (i) has been gestated for 20 weeks or more; or
- (ii) weighs 400 grams or more.
- (i) has been gestated for 20 weeks or more; or
- (ii) weighs 400 grams or more.