Safe Patient Care Act 2015
The Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Act 2015 (the Act) sets minimum nursing and midwifery staffing requirements for certain publicly funded health services. The Act recognises that nursing and midwifery workloads impact on the quality of patient care.
Minimum staffing ratios assist in maintaining patient safety, contribute to better patient outcomes and create safer workplaces for nurses and midwives.
Nurse and midwife to patient ratios were first introduced in Victoria in 2000 through the Nurses and Midwives (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement.
The Act was established in 2015 following a government commitment to protect in law the minimum numbers of nurses and midwives to care for patients.
Since establishment of the Act, the government has delivered a number of ratio improvements. These reflect increasing patient complexity, changing models of care and the growing demand for health services.
The Act can be accessed at Victorian Legislation.
Further information about the ratio improvements delivered to date is available in these resources:
Hospital classification review algorithms
The Hospital classification review algorithms document presents the algorithms for categorisation of hospitals, into 4 levels (Schedule 1) and 3 parts (Schedule 3) of the Act to promote continued high quality and safe patient care.
The proposed legislative amendments passed the Legislative Assembly on 28 July 2026. Upon passage in the Legislative Council, the revised hospital categorisations will be introduced in a phased approach to enable health services to meet their legislated commitments. This will provide Victorian public health services with a transitional period to prepare for implementation and operational alignment with the new legislative requirements.
The phased implementation approach will align with the following dates:
- Commencing 1 July 2027, affected hospitals with a general medical/surgical ward must meet the staffing ratios aligned to their new Schedule 1 categorisation
- Commencing 1 July 2028, affected emergency departments must meet the staffing ratios aligned to their new Schedule 3 categorisation
- Commencing 1 July 2029, affected hospitals with an intensive care unit must meet the staffing ratios aligned to their new Schedule 1 categorisation.
Registration
All nurses and midwives must be registered with the Nursing and Midwifery Board of Australia (NMBA) to work legally in the Australian health sector.
The National Registration and Accreditation Scheme (NRAS) was established in 2010. It is underpinned by the Health Practitioner Regulation National Law which is in force in each state and territory. The NRAS includes 16 health professions, including nursing and midwifery.
From 1 July 2010, all nurses and midwives have national registration. This means they can work in all Australian states and territories.
The Australian Health Practitioner Regulation Agency (Ahpra) administers NRAS and works with the national board of each profession. Ahpra works to ensure health practitioners are suitably trained, qualified and safe to practise.
The Nursing and Midwifery Board of Australia (NMBA) is responsible for the regulation of nurses and midwives. A nurse or midwife must be registered with the NMBA to practise in Australia. If you're unsure if your course is recognised under the national registration scheme, see a list of approve programs on the NMBA website.
The Australian Nursing and Midwifery Accreditation Council (ANMAC) is responsible for accrediting education providers and programs of study for the nursing and midwifery professions.
Enterprise agreements
The terms and conditions of employment of nurses and midwives in Victorian public health services are typically specified in enterprise agreements.
The Nurses and Midwives (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement contains the relevant information on wage rates and allowances in public sector nursing and midwifery.
The Fair Work Commission (FWC) holds enterprise agreements, see Find an enterprise agreement on their website.
Reporting suspected child abuse
In Victoria (as in all Australian states and territories) nurses, midwives, medical practitioners, teachers and police have mandatory reporting obligations under the Child, Youth and Families Act 2005 to report suspected cases of child abuse and neglect.
For more information, see Child protection on the Department of Families, Fairness and Housing website
More information
Updated