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Vanuatu Sessional Legislation |
Assent: 5 May 2000
Commencement: 25 February 2002
REPUBLIC OF VANUATU
NO. 20 OF 2000
Arrangement of Sections
PART I - INTRODUCTION
1. Definitions
PART 2 - THE VANUATU NURSING COUNCIL
Division 1 - Establishment, functions and powers
2. Establishment of the Vanuatu Nursing Council
3. Functions of the Council
4. Powers of the Council
5. Council to have regard to Government Policy
Division 2 - Membership
6. Composition of the Council
7. Chairperson and Deputy Chairperson
8. Removal and Resignation of members
9. Terms and conditions
10. Disclosure of interests
Division 3 - Meetings and procedures
11. Meetings of the Council
12. Council may regulate its procedures
Division 4 - Registrar and other staff
13. Registrar
14. Staff of the Council
Division 5 - Committees
15. Committees
PART 3 - REGISTRATION OF NURSES
16. The Register
17. Application for registration
18. Registration
19. Existing nurses taken to be registered for 6 months
20. Renewal of registration
21. Provisional Registration
22. Cancellation of Registration
23. Request to remove details from the Register
PART 4 - RESTRICTIONS RELATING TO THE PROVISION OF NURSING CARE
24. Illegal holding out as being registered
25. Illegal holding out concerning restrictions or conditions
26. Other restrictions
27. Offence against this Part
PART 5 - PROFESSIONAL CONDUCT
28. Complaints about nurses
29. Investigation into professional conduct
30. Findings and determinations
PART 6 - ACCREDITATION OF NURSING COURSES
31. Accreditation process
32. Review of Accreditation
PART 7 - FINANCIAL MATTERS
33. Funds of the Council
34. Council to keep proper accounts
PART 8 - MISCELLANEOUS
35. Appeals to the Magistrates Court
36. Traditional medicine not affected by the Act
37. Annual Report
38. Regulations
39. Consequential amendments
40. Commencement
SCHEDULE 1 - AMENDMENTS TO HEALTH PRACTITIONERS ACT
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REPUBLIC OF VANUATU
NO. 20 OF 2000
An Act to provide for the setting up of the Vanuatu Nursing Council, the registration of nurses and the regulation of the nursing profession, and for related purposes.
BE IT ENACTED by the President and Parliament as follows:
PART 1 - INTRODUCTION
DEFINITIONS
1. In this Act, unless the contrary intention appears:
"committee" means a committee formed by the Council under section 15;
"Council" means the Vanuatu Nursing Council established under section 2;
"member" means a member of the Council and includes the Chairperson and Deputy Chairperson;
"Minister" means the Minister responsible for matters relating to nurses and the nursing profession;
"nursing practice" includes nursing clinical practice, nursing education practice, nursing management and administration practice, and nursing research practice;
"person" means an individual or a statutory body, company or any other body corporate or unincorporate;
"register" means the register of nurses kept by the Council under section 16;
"Registrar" means the person appointed to be registrar under section 13;
"registration" means registration under this Act and "registered" has a corresponding meaning.
PART 2 - THE VANUATU NURSING COUNCIL
Division 1 - Establishment, functions and powers
ESTABLISHMENT OF THE VANUATU NURSING COUNCIL
2. (1) The Vanuatu Nursing Council is established.
(2) The Council:
(a) is a body corporate with perpetual succession; and
(b) is to have a common seal; and
(c) may sue and be sued in its corporate name.
FUNCTIONS OF THE COUNCIL
3. The Council has the following functions:
(a) to regulate the standards of practice of nursing in the public interest;
(b) to register persons who comply with the requirements of this Act;
(c) to identify the principal functions that may be carried out by nurses registered in each division of the register;
(d) to authorise nursing qualifications for registration under each division of the register;
(e) to determine requirements for maintaining registration under this Act;
(f) to determine the scope of nursing practice, including the activities that constitute, or are included in, nursing practice in each division of the register;
(g) to issue guidelines about appropriate standards of nursing practice, including codes of professional conduct and ethics;
(h) to determine standards for accreditation of courses conducted by the Vanuatu Centre for Nursing Education which provide qualifications for registration purposes;
(i) to investigate the professional conduct or fitness to practice of persons registered under this Act and impose sanctions where necessary;
(j) to exchange information with other registering authorities for nurses;
(k) to advise and report to the Minister on matters relating to nurses;
(l) such other functions as are conferred on it by or under this Act or any other Act;
(m) such other functions as the Minister may prescribe by notice in the Gazette.
POWERS OF THE COUNCIL
4. (1) The Council has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
(2) Without limiting subsection (1), the powers include the following:
(a) to enter into contracts;
(b) to acquire, hold and dispose of real and personal property;
(c) to do anything incidental to any of the powers specified in this section or otherwise conferred on the Council.
COUNCIL TO HAVE REGARD TO GOVERNMENT POLICY
5. In the performance of its functions and in the exercise of its powers, the Council must have regard to the policy of the government in relation to nursing.
Division 2 - Membership
COMPOSITION OF THE COUNCIL
6. (1) The Council consists of 7 members.
(2) The members are to be appointed by the Minister and must include:
(a) 2 persons nominated by the Minister, one of whom must have experience and/or qualifications in law, and the other who must have experience and/or qualifications in health; and
(b) a nurse registered under this Act nominated by registered nurses; and
(c) a midwife registered under this Act nominated by registered midwives; and
(d) a nurse practitioner registered under this Act nominated by registered nurse practitioners; and
(e) a tutor from the Vanuatu Centre for Nursing Education elected by its staff; and
(f) a representative of the Vanuatu Nurses Association.
(3) A member holds office for 3 years and is eligible for reappointment. A member may hold office concurrently with any other office.
(4) A person must not be appointed as a member if he or she:
(a) is a member of Parliament, a local government council or municipal council; or
(b) is insolvent or an undischarged bankrupt; or
(c) is a person having professional qualifications and is disqualified or suspended from practising his or her profession for misconduct.
(5) The Council may obtain advice from any person in relation to a matter being considered by the Council. However, the person can not become a member of the Council.
(6) A member of the Council is a leader within the meaning of the Leadership Code Act No. 2 of 1998.
CHAIRPERSON AND DEPUTY CHAIRPERSON
7. (1) The members of the Council must elect one member to be the Chairperson and another member to be the Deputy Chairperson.
(2) The Chairperson and Deputy Chairperson each hold office for a term of one year and are eligible for reappointment.
(3) The Chairperson and Deputy Chairperson may resign his or her office by giving a written resignation to the Council.
REMOVAL AND RESIGNATION OF MEMBERS
8. (1) The Minister may, with the approval of the Council, remove a member if he or she:
(a) becomes a member of Parliament, a local government council or municipal council; or
(b) is convicted of an offence and sentenced to imprisonment for 3 months or longer; or
(c) is absent from 3 consecutive meetings without the leave of the Council; or
(d) becomes insolvent or an undischarged bankrupt; or
(e) is a person having professional qualifications and is disqualified or suspended for misconduct from practising his or her profession.
(2) A member may resign at any time by giving his or her resignation in writing to the Minister.
(3) The Council may appoint a person to act as a member if the member is absent from Vanuatu or is for any reason unable to perform his or her duties. A person must not be appointed to act for more than 3 months.
TERMS AND CONDITIONS
9. (1) The rate of remuneration payable to a member of the Council is the rate determined under the Government Remuneration Tribunal Act No. 20 of 1998.
(2) If a rate of remuneration has not been determined under that Act, a member is to be paid such remuneration as the Council determines.
(3) A member must:
(a) be paid such sitting fees as the Council determines; and
(b) be reimbursed for all reasonable out of pocket expenses, including travel costs, incurred by the member in connection with the performance of his or her duties as a member of the Council.
DISCLOSURE OF INTERESTS
10. A member who:
(a) has a personal business interest in a matter under consideration by the Council; or
(b) is likely to have a conflict of interest in relation to the matter;
must disclose that interest to the Council in accordance with section 16 of the Leadership Code Act No. 2 of 1998.
Division 3 - Meetings and procedures
MEETINGS OF THE COUNCIL
11. (1) The Council must hold such meetings as are necessary for the performance of its functions.
(2) At a meeting a quorum consists of 5 members.
(3) Questions arising at a meeting are to be determined by a majority of the votes of the members present and voting.
(4) If the voting at a meeting is equal, the person presiding at the meeting has a casting vote.
COUNCIL MAY REGULATE ITS PROCEDURES
12. Subject to this Act, the Council may determine and regulate its own procedures.
Divisions 4 - Registrar and other staff
REGISTRAR
13. (1) The Council must appoint a person as the Registrar of the Council.
(2) The Registrar must be a person who is registered, or who is eligible for registration, as a nurse.
(3) The Registrar is to be appointed in accordance with the Public Service Act No. 11 of 1998 for a period of at least 4 years and may be reappointed.
(4) The Council must determine the terms and conditions of appointment of the Registrar not provided for by this section.
(5) The duties of the Registrar are:
(a) to manage the staff and other resources of the Council; and
(b) to implement the policies and decisions of the Council; and
(c) to service the meetings of the Council and committees formed by the Council; and
(d) to undertake such other duties as the Council directs.
STAFF OF THE COUNCIL
14. (1) The Council is to have such staff as are necessary for the Council to perform its functions having regard to the budget of the Council.
(2) Staff of the Council are to be:
(a) appointed in accordance with the Public Service Act No. 11 of 1998; or
(b) seconded to the Council by ministries, departments or agencies of the government; or
(c) provided to the Council by organisations other than the government and funded by those organisations.
(3) The Public Service Act No. 11 of 1998 does not apply to staff referred to in paragraph (2)(c).
Division 5 - Committees
COMMITTEES
15. (1) The Council may form such committees as are necessary for the performance of its functions.
(2) Without limiting subsection (1), the Council must form a Professional Conduct Committee and an Accreditation Committee.
(3) The Council is to determine the composition of committees. However, at least one member of the Council must be on each committee.
(4) A committee must conduct such research, make such investigations and furnish to the Council such reports, in connection with the matter in relation to which it has been formed, as the Council directs.
(5) A member of a committee is to be reimbursed for all reasonable out of pocket expenses, including travel costs, incurred by the member in connection with the performance of his or her duties as a member of the committee.
(6) A committee is to determine its own procedures.
PART 3 - REGISTRATION OF NURSES
THE REGISTER
16. (1) The Council must establish and maintain a register of nurses, midwives and nurse practitioners.
(2) The register is to be divided into the following divisions:
(a) division 1 which is to be a list of the names of every registered person whose qualifications for registration as a general nurse have been approved by the Council;
(b) division 2 which is to be a list of the names of every registered general nurse whose additional qualifications for registration as a midwife have been approved by the Council;
(c) division 3 which is to be a list of the names of every registered general nurse whose additional qualifications for registration as a nurse practitioner have been approved by the Council.
(3) In relation to each person granted registration under this Act, the register must include the following:
(a) the person's full name and address;
(b) the qualifications held by the person for registration as a general nurse;
(c) if applicable - the additional qualifications held by the person for registration as a midwife and/or nurse practitioner;
(d) the date of the person's registration;
(e) any current suspension or cancellation of the person's registration;
(f) any current condition, limitation or restriction imposed on the person's registration;
(g) any other information the Council considers necessary or appropriate.
(4) The Registrar is responsible for the form and maintenance of the register.
(5) The Registrar must remove from the register the name of a person who dies or ceases for any reason to be registered under this Act.
(6) A person who is on the register must, within 3 months after changing address, inform the registrar in writing of the change.
(7) The Council may publish in the Gazette a copy of the register or a part of the register. However, it must not publish the address of a person whose name is included in the register.
APPLICATION FOR REGISTRATION
17. (1) A person may apply to the Council for registration as a general nurse, midwife and/or nurse practitioner.
(2) An application for registration must:
(a) be in writing and in the form specified by the Council; and
(b) be accompanied by the fee prescribed by the regulations.
(3) An applicant for registration must provide the Council with any information required by the Council for the purposes of determining the application.
(4) The Council must:
(a) consider an application; and
(b) either grant or refuse the application.
REGISTRATION
18. (1) A person is eligible for registration as a general nurse on the register if the person:
(a) has qualifications approved and recognised by the Council for the purposes of registration as a general nurse under this Act; and
(b) has met the requirements determined by the Council to be necessary for the purposes of registration under this Act; and
(c) is a fit and proper person to be registered as a general nurse.
(2) A person is eligible for registration as a midwife or nurse practitioner if the person has additional qualifications approved and recognised by the Council for the purposes of registration as a midwife or nurse practitioner, as the case requires, under this Act.
(3) The registration of a person in a particular division of the register authorises the person to practice in the field of nursing relevant to that division without supervision.
(4) However, the Council may impose such limitations, restrictions or conditions on registration as it thinks fit.
(5) The Council may, at any time, vary or revoke a restriction, limitation or condition on registration.
EXISTING NURSES TAKEN TO BE REGISTERED FOR 6 MONTHS
19. A person who, immediately before the commencement this Act:
(a) was registered or eligible for registration under the Health Practitioners Act [CAP 164]; or
(b) was working as a nurse practitioner in a position designated as a nurse practitioner position under that Act;
is taken to be registered under this Act for 6 months starting on the day this Act commences.
RENEWAL OF REGISTRATION
20. (1) A person's registration under this Act remains in force for a period of one year.
(2) Subject to subsection (3), the Council must renew a person's registration for a further one year on payment of such annual fee as is prescribed by the regulations.
(3) The Council must not renew a person's registration unless it is satisfied that the person can demonstrate in a manner prescribed by the Council continued competence to practise in the field of nursing relevant to the renewal.
PROVISIONAL REGISTRATION
21. (1) The Registrar may grant a person provisional registration if the Registrar is satisfied that the applicant is entitled to registration under this Act and it is not practicable to wait until the Council can determine the person's application.
(2) The Council may cancel a provisional registration at any time.
(3) Subject to subsection (4), a person's provisional registration remains in force from the date on which it is granted until the date on which the person receives notice that the Council has:
(a) approved the person's application; or
(b) rejected the person's application; or
(c) cancelled the person's provisional registration.
(4) A person's provisional registration expires 4 months after the date on which the provisional registration was granted.
CANCELLATION OF REGISTRATION
22. (1) The Council may cancel a person's registration in any division of the register if the person:
(a) was granted the registration by means of a false or misleading statement or declaration; or
(b) no longer holds a qualification by reason of which he or she was granted the registration; or
(c) lacks sufficient physical or mental capacity, or competence to practise in the relevant field of nursing; or
(d) contravenes a condition of the person's registration; or
(e) contravenes a provision of a nursing code; or
(f) is negligent or incompetent in practising nursing; or
(g) has been convicted of an offence punishable only by imprisonment; or
(h) has had an authority to practise as a nurse under a foreign law cancelled for any reason relating to the person's professional conduct or physical or mental capacity.
(2) The Council must not cancel a person's registration without first giving the person a reasonable opportunity to explain why the registration should not be cancelled.
(3) The Council must give a person written notice of the cancellation of his or her registration within 7 days after the cancellation is made.
(4) A cancellation takes effect on the date it is made.
(5) On the cancellation of a person's registration in a division of the register, the Council must remove the person's name from that division.
REQUEST TO REMOVE DETAILS FROM THE REGISTER
23. A person may at any time request the Council to remove the person's name from the register.
PART 4 - RESTRICTIONS RELATING TO THE PROVISION OF NURSING CARE
ILLEGAL HOLDING OUT AS BEING REGISTERED
24. (1) A person who is not registered under this Act must not hold himself or herself out as being a registered nurse, midwife or nurse practitioner.
(2) A person must not hold out another person as being a registered nurse, midwife or nurse practitioner unless that other person is so registered under this Act.
ILLEGAL HOLDING OUT CONCERNING RESTRICTIONS OR CONDITIONS
25. A registered nurse, midwife or nurse practitioner whose registration is restricted or subject to a limitation or condition under this Act must not:
(a) hold himself or herself out as having a registration that is unrestricted or not subject to a limitation or condition; or
(b) induce another person to believe that the registration is unrestricted or not subject to a limitation or condition.
OTHER RESTRICTIONS
26. (1) A person must not practise nursing for remuneration, fee or other reward unless the person is registered under this Act.
(2) A person who is not registered under this Act must not:
(a) take or use the title "registered nurse", "registered midwife" or "registered nurse practitioner"; or
(b) take another title calculated to induce a belief on the part of another person that he or she is a registered nurse, registered midwife or registered nurse practitioner;
unless the person has successfully completed a course leading to such qualification as is determined or recognised by the Council for the purposes of this Act.
OFFENCE AGAINST THIS PART
27. A person who contravenes a provision of this Part is guilty of an offence punishable on conviction:
(a) in the case of an individual - by a fine not exceeding 100, 000 vatu; or
(b) in any other case - by a fine not exceeding 300, 000 vatu.
PART 5 - PROFESSIONAL CONDUCT
COMPLAINTS ABOUT NURSES
28. (1) A person may make a complaint about the conduct of a nurse to the Council.
(2) The complaint must:
(a) be made in writing; and
(b) contain particulars of the matter complained of; and
(c) identify the nurse against whom the complaint is made; and
(d) identify the person making the complaint; and
(e) be lodged with the Registrar.
(3) A complaint may be made even though the person who is the subject of the complaint has ceased to be registered. However, a complaint can be made only about a matter that occurs on or after this Act commences.
INVESTIGATION INTO PROFESSIONAL CONDUCT
29. (1) The Council must:
(a) investigate a complaint made under section 28; and
(b) decide whether it is sufficiently serious to warrant further inquiry.
(2) If the Council is satisfied that the complaint is not sufficiently serious to warrant further inquiry, the Council must advise the nurse accordingly.
(3) The Council must refer a complaint to the Professional Conduct Committee for hearing if the Council is satisfied that that the complaint is sufficiently serious to warrant further inquiry.
(4) If the Council refers a complaint to the Professional Conduct Committee for hearing, the Council must give written notice to the nurse within 2 working days after referring the complaint.
(5) The Council may suspend the registration of the nurse until any hearing into a complaint is completed by the Professional Conduct Committee if the Council is of the opinion that it is necessary to do so because there is a serious risk that the health and safety of members of the public will be endangered.
(6) If the Council suspends the registration of a nurse, the Professional Conduct Committee must complete its hearing within one month after the suspension.
(7) The nurse who is the subject of the hearing is entitled to be present and make submissions at the hearing, and to be represented.
(8) The proceedings of a hearing are to be open to the public unless the Professional Conduct Committee determines otherwise.
FINDINGS AND DETERMINATIONS
30. (1) After considering all the submissions made at a hearing of a complaint about a nurse, the Professional Conduct Committee may find that:
(a) the nurse has, by act or omission, engaged in unprofessional conduct of a serious nature; or
(b) the nurse has, by act or omission, engaged in unprofessional conduct which is not of a serious nature; or
(c) the nurse has not engaged in unprofessional conduct; or
(d) the ability of the nurse to practise nursing is affected because:
(i) of the physical or mental health of the nurse; or
(ii) the nurse has an incapacity; or
(iii) the nurse is an alcoholic or drug-dependent person.
(2) The Professional Conduct Committee may give the Council a recommendation to make one or more of the following determinations:
(a) to require the nurse to undergo counselling;
(b) to caution the nurse;
(c) to reprimand the nurse;
(d) to require the nurse to undertake further education of the kind stated in the determination and to complete it within the period specified in the determination;
(e) to impose conditions, limitations or restrictions on the registration of the nurse;
(f) to impose a fine on the nurse not exceeding 20,000 vatu;
(g) to suspend the registration of the nurse for a period specified in the determination;
(h) to cancel the registration of the nurse.
(3) The Council must give the nurse concerned a copy of any determination made by it.
(4) If a fine is imposed under paragraph (2)(f), the Council may recover it as a debt due to the Council.
(5) If a determination made by Council relates to:
(a) conditions, limitations or restrictions on a person's registration; or
(b) a suspension or cancellation of registration of a person;
the Council must give notice of the determination to the person's employer.
PART 6 - ACCREDITATION OF NURSING COURSES
ACCREDITATION PROCESS
31. (1) The Vanuatu Centre for Nursing Education ("the Centre") may apply to the Council for accreditation of a course or courses conducted by it that are a requirement for registration under this Act.
(2) The application must contain the following information:
(a) the mission statement of the Centre;
(b) the organisational chart of the Centre;
(c) the policies and procedures of the Centre about:
(i) orientation of teaching staff; and
(ii) selection of students; and
(iii) evaluation of students; and
(iv) progression of students;
(d) position descriptions for teaching staff;
(e) arrangements for the provision of clinical learning experiences;
(f) evidence that there is sufficient appropriate resources to conduct the course;
(g) the relevant curriculum.
(3) The Accreditation Committee must consider the application and make a recommendation to the Council to accept or reject the application.
(4) The Council may only accredit a nursing course if it is satisfied that it is conducted at a high standard.
(5) The Council may grant accreditation to a nursing course in a form that it considers appropriate, including:
(a) interim, temporary, provisional or full accreditation;
(b) accreditation subject to conditions or recommendations for improvements.
(6) If, immediately before the commencement of this Act, a course was necessary for registration in any division of the register, the course is taken to be accredited for 12 months starting on the day on which this Act commences.
REVIEW OF ACCREDITATION
32. (1) The Vanuatu Centre for Nursing Education must apply for a renewal of the accreditation of a course within the period specified in the original accreditation.
(2) If the Council finds that an accredited nursing course is not being conducted at an appropriate standard, the Council may cancel or vary the accreditation.
(3) The Council must give written notice of the cancellation or variation to the Vanuatu Centre for Nursing Education.
PART 7 - FINANCIAL MATTERS
FUNDS OF THE COUNCIL
33. (1) The funds of the Council consist of:
(a) money received by way of fees and charges paid to the Council; and
(b) any other money received by the Council from any other source.
(2) The Council is to open and maintain such bank accounts as it considers necessary.
(3) The funds of the Council are to be paid to the credit of such of its bank accounts as the Council determines.
(4) The funds of the Council are to be applied:
(a) in payment or discharge of the expenses, charges and obligations incurred or undertaken by the Council in the performance of its functions or the exercise of its powers; and
(b) in payment of any remuneration payable by the Council.
(5) The Council may invest any money that is not required for the performance of its functions.
COUNCIL TO KEEP PROPER ACCOUNTS
34. (1) The Council must keep proper accounting records in relation to its financial affairs, and must have annual statements of account prepared for each financial year.
(2) The Council's accounts for each financial year must be audited within 3 months after the end of the financial year by the Auditor-General or a person authorised by the Auditor-General.
PART 8 - MISCELLANEOUS
APPEALS TO THE MAGISTRATES COURT
35. (1) A person:
(a) whose application for registration under section 17 has been refused; or
(b) whose registration has had conditions, limitations or restrictions imposed on it under section 18, or varied or revoked under that section; or
(c) whose registration for renewal has not been renewed under section 20; or
(d) whose registration has been cancelled under section 22; or
(e) whose registration has been suspended or cancelled in accordance with a determination of the Council under section 30;
may within 21 days after that decision was made appeal to the Magistrates Court.
(2) If the Magistrates Court varies a decision of the Council or substitutes a decision for that of the Council, the decision of the Magistrates Court has effect for the purposes of this Act as if it were a decision of the Council.
TRADITIONAL MEDICINE NOT AFFECTED BY THE ACT
36. Nothing in this Act is to be taken to extend to or affect the practice in good faith by any person of the traditional medicine of the people of Vanuatu if such person is recognised to be competent to exercise such practice according to custom.
ANNUAL REPORT
37. The Council must within 90 days after the end of each financial year, furnish a report to the Minister relating to the operations of the Council for that year.
REGULATIONS
38. The Minister may, on the advice of the Council, by Order make regulations:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
CONSEQUENTIAL AMENDMENTS
39. The Health Practitioners [CAP 164] is amended as set out in the Schedule.
COMMENCEMENT
40. This Act commences on the day on which it is published in the Gazette.
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SCHEDULE
AMENDMENTS TO THE HEALTH PRACTITIONERS ACT
1. Section 1 of the Health Practitioners Act CAP [164] is amended by deleting "nursing" and "midwifery".
2. Section 2 of the Health Practitioners Act CAP [164] is amended by:
(a) deleting from subparagraph (b)(iv) "nursing"; and
(b) deleting from subparagraph (b)(v) "midwifery".
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