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 government has also committed to deliver further improvements to the Act. including a review of hospital classifications in Schedule 1 (general medical/surgical wards) and Schedule 3 (emergency departments) of the Act.
The Victorian Government is now considering implementation options, including legislative, regulatory, budgetary, and funding implications.
In the meantime, the Act remains unchanged, and hospital classifications under the Act will continue as currently defined until further notice.
The Act can be accessed at Victorian .
Further information about the ratio improvements delivered to date is available in these resources:
Hospital classification and review algorithms
The Hospital classification and review algorithms presents the proposed algorithms for classification of hospitals, contingent on legislative amendment, into 4 levels (Schedule 1) and 3 parts (Schedule 3) of the Act to promote continued highquality and safe patient care.
The algorithms have been applied to available, relevant datasets that are common across Victorian public health services and are actioned in a staged approach based upon threshold analysis. Three algorithms are:
- Schedule 1 (general medical/surgical wards): non-specialty hospitals
- Schedule 1 (general medical/surgical wards): specialty hospitals
- Schedule 3 (emergency departments): hospitals with emergency departments.
The implementation of the review's outcomes will depend on further government decision-making and legislative amendments.
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 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 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 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 on the NMBA website.
The Australian Nursing and Midwifery Accreditation Council 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 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 on the Department of Families, Fairness and Housing website
More information
Reviewed 06 August 2025