New Nursing Code risks gagging nurses and undermining public trust

23 January 2026

New Nursing Code risks gagging nurses and undermining public trust 

The Free Speech Union is raising serious concerns about the Nursing Council’s proposed Code of Conduct, warning that new and expanded restrictions on speech risk silencing nurses and weakening transparency in the health system. 

FSU Chief Executive Jillaine Heather says the draft Code goes well beyond professional standards of care and instead extends regulatory control deep into nurses’ personal lives and lawful expression. 

“Nurses do not surrender their right to free expression when they receive a practising certificate. This Code blurs that line dangerously,” says Ms Heather. 

One of the most concerning changes is a new requirement that nurses ensure public and social media statements are not “offensive, inflammatory or ill-informed” - terms that are undefined and inherently subjective. 

“When speech standards are this vague, enforcement becomes arbitrary. Nurses will self-censor out of fear, not because they have done anything wrong,” says Ms Heather. 

The Code prohibits nurses from ‘imposing’ political or religious beliefs, without defining what that means, leaving nurses uncertain about which forms of expression are acceptable and which may trigger disciplinary action. 

The draft Code also restricts nurses from publicly discussing colleagues, practice issues, or care decisions, even where serious systemic problems exist. While whistleblowing pathways are referenced, the Code discourages nurses from speaking publicly when internal processes fail. 

“Public accountability depends on people being able to speak out. A culture of silence protects institutions, not patients,” says Ms Heather. 

“In an election year, it’s especially important that nurses are free to speak openly about the realities of our health system. Silencing frontline professionals during public debate doesn’t protect patients - it deprives voters of vital information.” 

The Free Speech Union will be writing to the Minister of Health to intervene and ensure the Code respects fundamental freedoms while maintaining patient safety. We will also be making a detailed submission to the Nursing Council.  

Submissions on the proposed Code close on 9 March 2026. 

ENDS 

Notes to editor: 

The Proposed Code of Conduct is available here.  

The Free Speech Union is currently representing Cath Simpson, a registered nurse facing a Nursing Council disciplinary tribunal as a result of posting about politics on X. We also previously assisted Suzanne Smith and Robert Laroche. This existing code already significantly restricts nurses’ freedom of speech – this proposal makes matters much worse.