Letter to the Premier – Granting of Indemnity
The following has been sent to Premier Lara Giddings further requesting confirmation of indemnity for nurses and midwives under Minsterial Direction Number 8:
Ministerial Direction Number 8 (MD8):
Granting of Indemnity against Legal Process
Further to our letter dated 6 December 2011 the Australian Nursing Federation is seeking a written assurance on behalf of nurses working in the public sector that they will be exempt from the Ministerial Direction Number 8 and will be guaranteed full indemnity in the event of an adverse outcome that occurs for patients within the system or due to cuts to health services for persons who are unable to access services.
You have provided public assurances that all nurses will be granted indemnity against legal process stating on ABC News 8 December 2011; “That’s just a political furphy, really. Of course all doctors and nurses who work within the public health system have appropriate indemnity.”
The provisions of MD8 clearly states:
- This indemnity is subject to the discretion of the Inter-Agency Committee and will only apply to those awards made and costs incurred after an application for indemnity has been received by the relevant Agency.
The ANF maintains that the provisions of MD8 does not guarantee that indemnity will be granted to all nurses affected by legal processes arising from their work.
We therefore seek on behalf of nurses in the public system an exemption from the discretionary review listed in MD8 and a guarantee that all nurses will be provided with indemnity as you have publically announced.
If a guarantee is not able to be supplied we request that a public retraction be made as you have misrepresented the MD8 process and potentially misled all nursing and midwifery employees.
A response to this letter is requested no later than close of business Friday 23 December 2011. If you require any further clarification, please contact me on 0408037589.