Please find attached: The Collective Perspective: February/March 2011 [PDF: 7.5MB] ! Large File !

 

AN IMPORTANT MESSAGE FROM THE SECRETARY IN RESPECT OF PROFESSIONAL INDEMNITY INSURANCE COVERAGE FOR FINANCIAL ACT ANF MEMBERS Dear Members Please note the summary of coverage available to financial members of the ACT ANF in a genuine employment relationship below. The ACT ANF PI insurance will cover:

• $10 million of Professional Indemnity and Public Liability Coverage
• Private practice cover provided the nurse is a sole trader and does not operate the business as a partnership, or as a registered or unregistered business name or as a registered company
• Members working in a voluntary capacity
• Good Samaritan acts
• Inquiry costs

The ACT ANF PI insurance does not cover:

• Midwifery services provided by independent midwives who are in independent practice, self employed or not working under a contract of employment and who provide care in the period six weeks prior to and after labour, including during labour and birth.
• Termination of pregnancy not in accordance with relevant legislation
• Osteopathy, Chiropractic and Manipulative Therapy
• Civil liability arising in respect of services rendered while under the influence of intoxicant or drugs
• Any member who carries on business under any name other than the member, or carries on a business in partnership with any other person

Members who require further clarification on their coverage or who are requested to provide a certificate of currency by the Nursing and Midwifery Board of Australia should contact the ACT ANF office.

AN IMPORTANT MESSAGE FROM THE SECRETARY IN RESPECT OF NATIONAL REGISTRATION AND ACCREDITATION FOR ACT ANF MEMBERS IN RESPECT OF PROFESSIONAL INDEMNITY INSURANCE

ACT ANF – WORKING FOR AND ONBEHALF OF MEMBERS

Dear Members As you are aware, National Registration and Accreditation for Nurses and Midwives was introduced on July 1 2010. It is a requirement that nurses and midwives have professional indemnity insurance as per s.129 of the Health Practitioners Regulation National Law and the associated National Nursing and Midwifery Board of Australia (NMBA) Professional Indemnity Insurance Arrangements Standard.

Questions 8 and 9 of the NMBA application for renewal of registration as a Registered Nurse, Enrolled Nurse or Midwife will ask you if you have Professional Indemnity Insurance that meets the Board’s standard.

Professional Indemnity Insurance (PII) secures the practitioner insurance from civil liability. Operating without PII, could lead to civil liability claims for damages, negligence, and also claims in respect of allegations of unprofessional conduct against nurses and midwives.

Professional indemnity insurance is insurance taken out to financially cover the practitioner, should they, as an individual, be sued by another party. Should a civil case be raised against a nurse or midwife as an individual, the employer based liability cover may not apply.

PII covers the health practitioner as an individual particularly in terms of, but not limited to, an adverse or unexpected outcome for a patient, or an error or omission on the part of the nurse or midwife while providing professional services, a breach of patient confidentiality, or libel and slander.

PII also covers an unintentional breach of Trade Practices Legislation, or unintentional infringement of rights to intellectual property, as well as claims arising from rendering, or failing to render, emergency first aid and assistance (Good Samaritan Acts).

The NMBA Standard affects a range of health care practitioners throughout the ACT including registered and enrolled nurses; registered nurses endorsed as nurse practitioners, registered midwives, and registered midwives endorsed as midwife practitioners. They do not apply to students of nursing and midwifery or to nurses and midwives who have nonpracticing registration.

Although most nurses and midwives in the ACT are employees rather than independent practitioners and should be covered by the vicarious liability of their employer, vicarious liability is not professional indemnity insurance and it is yet to be determined if this liability cover meets the requirements of the legislation and NMBA Standard.

The Federal Executive of the ANF considered that the legislation and NMBA Standard is confusing and to that end has sought clarification in respect of the PII and its applicability nationally to Australian nurses and midwives.

Financial members of the ACT ANF have been covered by PH as part of their membership since 1 July 2010.

The cover is the most comprehensive and cost effective option available and is consistent with the PII offered by ANF branches in Tasmania, Victoria, NT, the ANMF of SA, and by the QNU.

Financial members of the ACT ANF who meet the employment eligibility criteria of the PH contract can confidently answer yes to both questions 8 and 9 of the registration renewal application.

Members seeking clarification in respect of their eligibility status or who are requested to provides a certificate of currency by the NMBA can contact the ACT ANF.

Read the original notice [PDF: 572KB]

The vote count held on 14 December 2010 found that Nursing staff at Calvary John James Hospital voted in favour of the new CJJH Enterprise Bargaining Agreement. This new agreement sees an 8% pay increase over 2 years including pay increases of:

• 1 March 2010 – 3%
• 1 September 2010 -1. 75%
• 1 March 2011-1.75%
• 1 September 2011-1.5%

Other increases also include:

• Night shift penalty rates increasedfram 22.5% to 23.5% (from 1 March 2010) and will increase to 25% from 1 March 2011.
• Casual Loading increased 1% per annum from 1 July 2010 (i.e. 1 July 2010 – 21%,1 July 2011 – 22%)
• Increased paid Maternity/Adoption Leave entitlement up to 18 weeks
• Paid Compassionate Leave of 2 days per occasion
• Study/Professional Development Leave increased to 32hrs per annum after the completion of mandatory training
• Union Training Leave of3 days available annually for the facility

These outcomes are the direct result of the hard work and collective strength of ACT ANF members fighting for a better deal, and these gains will continue to be secured and improved through our ongoing collective efforts. RNS, RMs, ENs, SENs and AINs who are not currently ACT ANF members and who wish to join, please visit our Membership pages for more information. Read the Original Notice Dated 16 December 2010. [PDF:238KB]

UNDERPAID ALLOWANCE PAYMENTS TO BE PAID CORRECTLY TO ELIGIBLE CALVARY PUBLIC SECTOR PART TIME AND CASUAL NURSES AND MIDWIVES EFFECTIVE FROM DECEMBER 2010 AND BACKDATED TILL JULY 2009

The ACT ANF first became aware of this issue in about February 2009. The ACT ANF has been actively pursuing this matter on behalf of members since April 2009 with the CEO of ACT Health, and has kept Calvary Health Care ACT fully informed of its progress through correspondence and through the Agency Consultative Committee throughout 2009 and 2010.

Following receipt of legal advice, the ACT ANF again approached the ACT Health CEO, Dr Peggy Brown, in February 2010 in respect of this matter without resolution.

The matter was the subject of a conference in Fair Work Australia on 14 July 2010, where Commissioner Deegan referred the matter for arbitration if a settlement could not be reached. A further conference was held before Commissioner McKenna on 6 August 2010, at which ACT Health agreed to settle the matter.

ACT Health payroll have since processed the correct payment for eligible part time and casual nurses and midwives to receive the full payment of the Qualification Allowance effective from the 14 October 2010 payday. The time frame for the processing of their back adjustment to March 2007 is yet to be advised.

The ACT ANF notified Calvary CEO, Ray Dennis, of this development on 19 October 2010. On 26 October 2010 Calvary notified the ACT ANF that the matter was under active consideration. On 17 November 2010 Mr Dennis confirmed that eligible nurses and midwives, employed by Calvary Public Hospital would be paid the full amount applicable to their Qualification Allowance prior to Christmas 2010 and that the back pay to July 2010 would be processed as soon as possible.

The ACT ANF thanks affected members for their patience while the ACT ANF progressed this matter on their behalf, but is pleased that the persistence of the ACT ANF over an almost two year period will result in members being paid their correct entitlements under their Collective Agreement.

Members are asked to carefully check their pay slips to ensure that they are paid the correct amount in respect of their Qualification Allowance and contact the ACT ANF should they experience any difficulties. The ACT ANF will notify members when to expect their back adjustment when notification is received from Calvary Health Care ACT.

Once again, this outcome is a demonstration of what the union can do for you and a testament to the fact that:

THE COLLECTIVE IS ALWAYS MUCH STRONGER THAN THE INDIVIDUAL

Read the original notice here: Notice: Persistence pays off [PDF:165KB]