Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2018

Spoke in support of the bill as a committee member, endorsing the raised mandatory reporting threshold as striking the right balance between improving access to treatment for practitioners and protecting consumers.

“This bill will amend the national law to implement two priority reforms agreed to by health ministers at the COAG Health Council on 12 October 2018.”— 2019-02-26View Hansard

As Minister for Health, moved the second reading and defended the bill as striking the right balance between encouraging health practitioners to seek treatment and protecting the public. Rejected the Western Australian model of complete exemption from mandatory reporting as inadequate for public protection.

“Through a balanced and holistic approach to mandatory reporting by treating practitioners, this bill will make it easier for health practitioners to seek treatment for their health issues, including mental health issues, and will send a clear signal that no health professional should suffer silently with an impairment because they are afraid to seek help.”— 2019-02-14View Hansard

Broadly supported the bill but expressed significant concerns about the paucity of evidence justifying mandatory reporting and the potential negative consequences for practitioners deterred from seeking treatment. Acknowledged the LNP amendments erred on the side of harm minimisation but noted they too lacked an empirical evidence base.

“I would much prefer to see evidence based answers to these questions before we lead the COAG charge to implement this new regime.”— 2019-02-26View Hansard

Confirmed the LNP would not oppose the bill and supported increased penalties for impersonating health practitioners, but moved amendments to adopt the Western Australian model exempting treating practitioners from mandatory reporting for all conduct except sexual misconduct, arguing the bill's reforms do not go far enough to remove barriers for practitioners seeking treatment.

“While national consistency is always an important consideration, it is up to the government to do what is right for our state as the priority.”— 2019-02-14View Hansard

Supported the bill, emphasising the importance of enabling health practitioners to seek treatment with confidence while strengthening consumer protections through increased penalties for holding out offences.

“It is important to give registered health practitioners greater confidence to seek treatment for their health issues and that it is done in a way that does not compromise the safety of the patient or the public.”— 2019-02-26View Hansard

Spoke as a committee member in support of the bill, outlining the committee process, the mandatory reporting threshold reforms and the education program. Argued the substantial risk of harm test strikes the right balance between protecting health practitioners and health consumers.

“The committee considers that the substantial risk of harm test for mandatory reporting by treating practitioners strikes the right balance between the health of the practitioner patient and the health of the broader community.”— 2019-02-14View Hansard

As a registered doctor and specialist in addiction medicine, argued the bill's mandatory reporting reforms are too ambiguous and will not encourage practitioners to seek help. Advocated for the Western Australian model and called on members to support the LNP amendments.

“Unless the complexity of mental health issues, including alcohol and drug issues, is well managed and treating clinicians are empowered and supported to manage such complex care, the real risk is that impaired doctors and health professionals may not seek the care they so desperately need.”— 2019-02-26View Hansard

Supported the bill but also supported the LNP amendment to adopt the Western Australian model, citing submissions from the AMA, QNMU, and RACGP about mandatory reporting deterring practitioners from seeking help. Argued the WA model has worked effectively and that sexual misconduct should remain the only mandatory reporting obligation for treating practitioners.

“There has been no evidence given to this parliament that indicates the WA model has not been effective. The WA model has worked in WA, and in fact WA is not changing their legislation.”— 2019-02-14View Hansard

Drawing on 30 years of nursing experience, argued the bill continues the long tradition of improving professional standards to protect patients while striking the right balance between protecting patients and protecting clinicians.

“It strikes the right balance between protecting patients and protecting clinicians, it raises the threshold and it puts the treating physician in a very important decision-making process.”— 2019-02-26View Hansard

Drawing on 30 years in policing, argued mandatory reporting deters health practitioners from seeking help, as he witnessed with police officers. Supported the LNP's Western Australian model amendments to remove barriers to treatment.

“Throughout that time I saw police reluctant to seek professional help through the resources provided by the Queensland Police Service in human services for fear that those internal processes might lead to breaches of confidentiality or a loss of career opportunity.”— 2019-02-26View Hansard

As Minister for Health, defended the bill as implementing a carefully considered COAG agreement that raises the reporting threshold while retaining mandatory reporting in limited circumstances to protect patient safety. Opposed the LNP amendments as failing to adequately protect the public.

“We must provide an environment in which health practitioners can confidentially seek proper treatment for their own health conditions—this is not in dispute—but this cannot come at the cost of patient safety.”— 2019-02-26View Hansard