Health Practitioner Regulation National Law (South Australia) Act 2010

During the transition period, a midwife does not contravene section 129(1) merely because the midwife practises private midwifery if—

the practise occurs in a participating jurisdiction in which, immediately before the participation day for that jurisdiction, a person was not prohibited from attending homebirths in the course of practising midwifery unless professional indemnity insurance arrangements were in place; and

informed consent has been given by the woman in relation to whom the midwife is practising private midwifery; and

the midwife complies with any requirements set out in a code or guideline approved by the National Board under section 39 about the practise of private midwifery, including—

any requirement in a code or guideline about reports to be provided by midwives practising private midwifery; and

any requirement in a code or guideline relating to the safety and quality of the practise of private midwifery.

A midwife who practises private midwifery under this section is not required to include in an annual statement under section 109 a declaration required by subsection (1)(a)(iv) and (v) of that section in relation to the midwife's practise of private midwifery during a period of registration that is within the transition period.

For the purposes of this section, the transition period—

starts on 1 July 2010; and

ends on the prescribed day.

If the National Board decides appropriate professional indemnity arrangements are available in relation to the practice of private midwifery, the Board may recommend to the Ministerial Council that the transition period, and the exemption provided by this section during the transition period, should end.

In this section—

homebirth means a birth in which the mother gives birth at her own home or another person's home.

informed consent means written consent given by a woman after she has been given a written statement by a midwife that includes—

a statement that appropriate professional indemnity insurance arrangements will not be in force in relation to the midwife's practise of private midwifery; and

any other information required by the National Board.

midwife means a person whose name is included in the Register of Midwives kept by the National Board.

National

Board means the National Board for midwifery.

private midwifery means practising the midwifery profession—

in the course of attending a homebirth; and

without appropriate professional indemnity insurance arrangements being in force in relation to that practise; and

other than as an employee of an entity.

transition period means the period referred to in subsection (3).