s 28 Employment of unqualified person to practise nursing or midwifery
28.—(1) A person must not employ or engage a person who is not a qualified nurse to carry out any act of nursing. (2) A person must not employ or engage a person who is not a qualified midwife to attend a woman at childbirth. (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 6 months or to both. (4) Subsections (1) and (2) do not apply to the employment or engagement of —(a) a medical practitioner; (b) a person to care for —(i) the person employing or engaging him or her; or (ii) a family member, relative or friend of the person employing or engaging him or her; or (c) a person of a prescribed description or class. (5) In any proceeding for an offence under this section, it is a defence for a defendant to prove that —(a) the defendant did not know that the person concerned was not a qualified nurse or qualified midwife, as the case may be; and (b) the defendant had exercised due diligence to ascertain if that person was a qualified nurse or qualified midwife, as the case may be.