Hospital Foundations Bill 2018
Plain English Summary
Overview
This bill modernises the governance of Queensland's 13 hospital foundations and separately allows Queensland farmers to grow industrial cannabis (hemp) seeds for food. It repeals the outdated Hospitals Foundations Act 1982 and introduces updated rules for how foundations are run, funded, and overseen, while amending the Drugs Misuse Act 1986 to enable the hemp seed food industry.
Who it affects
Hospital foundation boards and staff face updated governance requirements, while industrial cannabis growers, researchers, and seed handlers gain access to the hemp food market under a modernised licensing regime. Consumers benefit from locally grown hemp seed food products.
Hospital foundations governance
Repeals and replaces the 1982 Act governing Queensland's 13 hospital foundations, which collectively raised over $74 million in 2016-17. The new framework streamlines board membership, formalises the managing executive officer role, gives foundations broader financial powers for low-risk transactions, and strengthens ministerial oversight where governance or financial viability concerns arise.
- Foundations get broader powers to manage property and finances without needing ministerial approval for low-risk transactions like gifts and bequests
- Minister gains new power to request information, dismiss entire boards, and appoint an administrator where there are serious governance or financial concerns
- Board members must undergo criminal history checks and meet updated skills-based appointment criteria
- Public register of all foundations and their objects must be published on the department's website
Industrial cannabis (hemp) for food
Amends the Drugs Misuse Act 1986 to allow Queensland growers to produce hemp seeds for human consumption, following a national food standards change in November 2017. Creates a new seed handler licence and introduces proportionate enforcement tools including compliance notices and regulatory offences to replace reliance on criminal drug offences for minor breaches.
- Queensland growers can now produce hemp seeds for use in food products, not just fibre
- New seed handler licence replaces the old denaturer and seed supplier authorisations, with expanded activities including wholesaling whole viable seed
- Two categories of researcher licence merged into one, with mandatory risk management research plans
- New compliance notices and regulatory offences (up to 100 penalty units) replace reliance on criminal drug charges for minor industry breaches
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee15 Feb 2018View Hansard
Referred to Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee
The Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee examined the Hospital Foundations Bill 2018 over one month, building on the former committee's thorough review of the substantially identical 2017 Bill. The committee received two submissions and a written briefing from the Department of Health, and recommended the bill be passed. No dissenting views were recorded.
Key findings (5)
- The bill was substantially the same as the Hospital Foundations Bill 2017, which had lapsed when Parliament was dissolved in October 2017.
- Darling Downs HHS raised concerns that funds raised by a Hospital Foundation could be diverted away from the associated local health service, but the department advised that safeguards in the bill and existing oversight arrangements adequately addressed this risk.
- The Queensland Nurses and Midwives' Union was concerned that removing prescriptive board membership requirements could result in boards lacking health expertise, but the committee accepted the department's advice that flexibility was needed, particularly in regional areas.
- The committee was satisfied that the department's correspondence addressed the former committee's recommendations seeking clarification on ministerial approval for business acquisitions by gift and the interaction between clauses on property and special financial arrangements.
- The committee found no issues with fundamental legislative principles beyond those already addressed in the former committee's report on the 2017 Bill.
Recommendations (1)
- The committee recommends the Hospital Foundations Bill 2018 be passed.
Committee report tabled
▸Second Reading21 Mar 2018View Hansard
▸14 members spoke14 support
As Minister for Health, introduced the bill and spoke in reply, highlighting the $74 million raised by foundations in 2016-17 and the need to modernise the 35-year-old legislative framework. Also moved amendments to clarify Mental Health Act and Drug and Alcohol Court provisions.
“Our hospital foundations do amazing work. They work closely with the community to deliver projects they need.”— 2018-03-21View Hansard
As shadow minister for health, confirmed the LNP would not oppose the bill. Acknowledged the great work of hospital foundations, particularly the Gold Coast Hospital Foundation, while raising some concerns about rushed Mental Health Act amendments.
“From the outset the opposition will not be opposing this bill. Hospital foundations do great work in this state by supporting their hospital and health services.”— 2018-03-21View Hansard
As committee chair, spoke in support of the bill and acknowledged the Townsville Hospital Foundation's contribution of over $1.2 million to the $6.2 million paediatric ward development.
“Despite tough times in Townsville over recent years, our foundation has done remarkable work.”— 2018-03-21View Hansard
As committee deputy chair, supported the bill while questioning the distinction between ministerial consent for purchasing a business versus accepting a gift, and highlighting the Caloundra Hospital Auxiliary's work.
“The bill should be supported. The foundations do a fantastic job. I simply say to all involved in the foundations: congratulations on the great work that you do.”— 2018-03-21View Hansard
Supported the bill as recognising the importance of foundations to Queensland hospitals and welcomed the amendments to allow industrial cannabis production for food in Queensland.
“Hospital foundations play an important role in supporting hospitals and improvements to the public health system by raising funds to purchase medical equipment, upgrade health service facilities.”— 2018-03-21View Hansard
Supported the bill and paid tribute to the Maleny Soldiers Memorial Hospital auxiliary, which has raised over $86,000 and donated more than $75,000 to the hospital in one year.
“I think all members in this House have reflected on the role that hospital foundations play in our broader health services and in the broader community.”— 2018-03-21View Hansard
Supported the bill and the industrial cannabis amendments, noting hemp's agricultural benefits including low water use and good soil improvement properties.
“Given Queensland's tropical climate, the growing of industrial cannabis would be extremely useful for our farmers and would create jobs.”— 2018-03-21View Hansard
Supported the bill while highlighting the need for better health services in rural and remote areas, particularly dialysis machines in Emerald and Longreach, and concerns about foundation funds being diverted from local HHSs.
“Our hospital foundations are critical pieces of funding infrastructure for our health facilities right across the state.”— 2018-03-21View Hansard
Supported the bill highlighting the Mareeba friends of the hospital foundation which has raised $500,000 for equipment including ultrasound probes, rehabilitation equipment and maternity ward breast pumps.
“The simple truth of the matter is that our hospitals would not be what they are today without that support.”— 2018-03-21View Hansard
Supported the bill and paid tribute to the volunteer organisations supporting Gympie health services including Little Haven Palliative Care and the Cooloola Coast Medical Transport Service.
“Foundations are an important part of the fabric of our local health networks delivering to communities through grants and in kind support for additional medical equipment, lifesaving research.”— 2018-03-21View Hansard
Supported the bill and praised the Toowoomba Hospital Foundation's 27-year contribution of over $9 million to the Darling Downs health network, while calling for a new hospital at the Baillie Henderson site.
“The contribution that the Toowoomba Hospital Foundation makes to the broader health network in Toowoomba and the Darling Downs is inestimable.”— 2018-03-21View Hansard
Supported the bill highlighting the Far North Queensland Hospital Foundation's $15 million raised in 20 years, including $1.4 million for a second cardiac catheter laboratory at Cairns Hospital.
“The Far North Queensland Hospital Foundation has raised $15 million in 20 years. It is an essential organisation.”— 2018-03-21View Hansard
Supported the bill and praised the Mackay Hospital Foundation under chairman Peter Tait, noting the bill would bring hospital foundations into the 21st century.
“In layman's terms, we are bringing our hospital foundations into the 21st century.”— 2018-03-21View Hansard
Supported the bill and spoke extensively about the Gold Coast Hospital Foundation's history, from its origins in the Southport hospital women's auxiliary to its current fundraising work raising upwards of $1 million per year.
“I commend the bill. I especially want to praise and congratulate the Gold Coast Hospital Foundation on its incredible and enduring work over many years.”— 2018-03-21View Hansard
▸In Detail21 Mar 2018View Hansard
Amendment No. 2 (new clauses after clause 155): Inserted amendments to the Hospital and Health Boards Act 2011, Justice and Other Information Disclosure Act 2008, Mental Health Act 2016, and Penalties and Sentences Act 1992 to clarify that time spent in an authorised mental health service counts as time served in detention, and to enable hospital and health services to share information as part of the Drug and Alcohol Court review team.
Amendment No. 1 to clause 2: Consequential commencement amendment to ensure the new Mental Health Act and other cross-act amendments commence appropriately.
Amendment No. 3 to the long title: Expanded the long title to include the additional acts amended by the new provisions (Hospital and Health Boards Act, Justice and Other Information Disclosure Act, Mental Health Act, Penalties and Sentences Act).