New Laws Mandate Safe Staff Ratios in Healthcare

SA Gov

In a major win for patients, nurses and midwives, the Malinauskas Labor Government is introducing legislation to mandate staffing ratios across South Australian public hospitals, fulfilling a key election promise.

The proposed new laws will be introduced to Parliament this week following extensive consultation with the Australian Nursing and Midwifery Federation.

The new South Australian ratios have been modelled on ratios in Victoria and prioritise both patient care and safety, and staff wellbeing.

They ensure the nurse-and-midwife-to-patient ratio meets the requirements of differing patient care areas across nursing and midwifery shifts.

For example, under the laws:

  • Adelaide's four largest metropolitan hospitals (the Royal Adelaide, Flinders, Lyell McEwin and Women's and Children's) will be required to have one nurse for every four patients, along with a nurse in charge, in general medical and surgical wards during morning and afternoon shifts. For night shifts, it will be one nurse for every eight patients with a nurse in charge.
  • Other hospitals across metropolitan Adelaide (including Modbury, Noarlunga and the Queen Elizabeth) will be required to have the same ratios as above for morning and night shifts, and one nurse for every five patients with a nurse in charge for afternoon shifts.
  • Regional sites, such as the Port Lincoln and Southern Fleurieu Health services will require one nurse for every five patients with a nurse in charge for morning shifts and one nurse for every six patients with a nurse in charge for afternoon shifts. A night shift will require one nurse for every ten patients with a nurse in charge.
  • In a coronary care unit, the ratio will become one nurse for every two patients and one for every three overnight, regardless which hospital they are in.
  • An antenatal ward will require one midwife for every four patients and one for every six patients overnight, across all public hospitals.

It's hoped the bill will pass through the Parliament and be enacted as legislation before the end of this year, with commencement early in 2026. The legislation will cover specified patient care areas in the public health system. It will not apply to private hospitals or private aged care providers.

Planning for implementing the ratios has already begun. SA Health is working closely with internal and external stakeholders, including the ANMF.

Since being elected, the Malinauskas Labor Government has already recruited more than 1460 full time equivalent nurses above attrition across the system, which will support the implementation of the new ratios.

There will be a two-year rollout period to allow local health networks to reconfigure staffing and recruit where required.

During that time, there will be a moratorium on non-compliance. At the end of that two-year period, any deliberate or systematic breaches of the legislation as determined by the South Australian Employment Tribunal could attract a fine of up to $10,000.

As put by Peter Malinauskas

This is a clear win for South Australians patients, nurses and midwives.

We're delivering on our promise to South Australia's hard-working nurses and midwives to introduce staff ratios to help them provide the best and safest care to their patients.

We have seen nurse-and-midwife-to-patient ratios work interstate and we're following through with our commitment to introduce them here.

As put by Chris Picton

We have listened to our hard-working nurses and midwives and we're introducing nurse-to-patient ratios across our hospitals.

Our historic legislation will mandate safe staffing levels across our hospitals for patients, nurses and midwives.

We've already recruited more than 1460 additional nurses since being elected which will be a great help for our new ratios.

As put by Australian Nursing and Midwifery Federation (SA Branch) Adj Assoc Professor Elizabeth Dabars AM, CEO/Secretary

Ratios save lives. The ANMF (SA Branch) strongly lobbied for legislated staffing ratios, and we were pleased when the incoming Malinauskas Government committed to this reform.

We commend Minister Picton and the Malinauskas Government for their leadership in honouring that commitment and delivering this landmark legislation.

The introduction of this legislation is an historic milestone and a cause for celebration. It represents long-overdue recognition of the vital role nurses and midwives play in safeguarding the health of South Australians.

Safe care depends on safe staffing. Legislating nurse and midwife ratios is a vital step in supporting our workforce and ensuring every South Australian receives high-quality care.

This legislation honours the dedication of nurses and midwives and provides the support they need to continue delivering safe, sustainable care. It is also an investment in a stronger, more resilient health system for all South Australians.

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