Health and Other Legislation Amendment Bill 2021
Plain English Summary
Overview
This bill makes broad amendments across Queensland's health legislation, with the most significant changes strengthening rights and protections for mental health patients. It reforms electroconvulsive therapy approval processes, adopts a stronger rights-based approach for patient transfers, improves support for victims of unlawful acts, and expands allied health professionals' access to patient information. It also allows health students to assist in pregnancy terminations and clarifies that human milk is not regulated as human tissue.
Who it affects
Mental health patients on involuntary orders gain stronger protections around ECT and transfers. Victims of unlawful acts get clearer notification rights. Allied health professionals gain access to patient records for better community care. Health students can assist in pregnancy terminations.
Mental health patient rights
The bill substantially reforms how electroconvulsive therapy is approved for patients on involuntary orders, replacing the 'best interests' test with a rights-based approach. Patients with capacity can now decline ECT. The Mental Health Court gains flexibility to convert between forensic and treatment support orders while preserving forensic history.
- Mental Health Review Tribunal approval is now required for ECT on all patients subject to involuntary orders, even if they consent
- Patients with capacity who decline ECT must have their decision respected
- The 'best interests' test is replaced with consideration of the patient's views, wishes and preferences for transfers and ECT decisions
- The Mental Health Court can return matters to criminal courts when expert-relied facts are substantially disputed
- The Court can convert between forensic orders and treatment support orders while preserving forensic history and victim notifications
Interstate and international patient transfers
The bill removes legislative compatibility barriers that prevented transfers of forensic patients to states like South Australia and Western Australia. It also creates a new pathway for international transfers so patients can access family support networks overseas.
- Interstate transfers no longer blocked by legislative incompatibility between states
- New framework for international transfers of patients on forensic or treatment support orders
- Orders remain effective for three years if a transferred patient returns to Queensland
- A broader range of authorised persons, not just police, can apprehend people absent from interstate mental health services
Victim support improvements
The bill reforms when information notices to victims of unlawful acts end and ensures victims receive clear written reasons. It also enables ongoing disclosure of personal information to provide continuing support to victims.
- Information notices now end automatically in defined circumstances rather than requiring administrative revocation
- The Chief Psychiatrist must provide written reasons within seven days when a notice ends
- Personal information can be disclosed on an ongoing basis to support victims, not just for initial identification
Health information sharing and ambulance confidentiality
Allied health professionals such as audiologists, social workers and speech pathologists will be able to access The Viewer to see patient healthcare information. The Ambulance Service's confidentiality framework is aligned with the Hospital and Health Boards Act.
- Allied health professionals gain access to The Viewer for better continuity of care between hospitals and community settings
- QAS confidentiality provisions aligned with Hospital and Health Boards Act, with penalties increased to 100 penalty units
- QAS Commissioner can authorise disclosures in the public interest
- Confidential information defined more broadly to cover information that 'could' identify a person
Other health amendments
The bill makes several smaller but practical changes: allowing health students to assist in pregnancy terminations, clarifying that hospitals can purchase donated human milk for sick infants, improving licensing for personal appearance services, and updating identity requirements for radiation safety licences.
- Health students on clinical placements can assist in pregnancy terminations under supervision, with the right to conscientious objection
- Human milk excluded from the definition of 'tissue' so hospitals can treat vulnerable infants without legal uncertainty
- Licence renewal window for tattoo and body piercing businesses extended from one month to 60 days, with a new 30-day restoration process for expired licences
- Age limit of 65 removed for the QAS Commissioner position
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee1 Dec 2021View Hansard
Referred to Health and Environment Committee
▸34 members spoke21 support13 mixed
Supported the bill as another important part of the government's commitment to health care, particularly welcoming the expansion of allied health access to the Viewer and the mental health amendments endorsed by the Queensland Law Society.
“This is a bill that will see allied health professionals able to access the Viewer. It will lead to better outcomes for Queensland patients, while safeguarding their privacy.”— 2022-02-24View Hansard
As LNP shadow minister for health, stated the LNP will not oppose the bill as it is largely uncontroversial, but raised concerns about expanded access to the Viewer health records system, changes to the Termination of Pregnancy Act regarding student involvement, and the exemption for ministerial infrastructure designations from environmental nuisance provisions.
“At the outset I will say that for the most part the bill is largely uncontroversial and some of the changes within are straightforward and are common sense. It is for this reason that the LNP will not be opposing this bill.”— 2022-02-23View Hansard
Supported the bill as the kind of thing good governments do, thanking frontline health workers and acknowledging the bill's practical improvements to health legislation.
“This bill is the sort of thing that good governments do. We go through and look at things that need to be fixed and need to be attended to.”— 2022-02-24View Hansard
As committee chair, spoke in favour of the bill, highlighting the committee's recommendation to pass it and the benefits of expanding allied health professional access to the Viewer health records system.
“I rise to speak in favour of the bill before the House and I do so as the chair of the State Development and Regional Industries Committee, which had the pleasure of examining the bill and preparing the report that members will be referring to.”— 2022-02-23View Hansard
Supported the bill for improving the health system, highlighting increased health staffing in Central Queensland and government investments in the Rockhampton Hospital.
“This bill is about improving the health system and will support the health services provided in Queensland.”— 2022-02-24View Hansard
Supported the opposition's position of not opposing the bill but reinforced concerns about specific provisions, thanking the committee for addressing some of these through recommendations.
“Of course we will not oppose the bill, but those articulated points she made I will reinforce in terms of our concerns.”— 2022-02-23View Hansard
Acknowledged the bill is largely uncontroversial and supported improved patient access to health care, but criticised the government's broader management of the health system, particularly mental health services and ambulance ramping, calling the bill a missed opportunity.
“This bill is a missed opportunity to fix the Queensland health crisis. It is clear that our dedicated doctors, nurses, paramedics and allied health professionals are the ones holding our hospitals together while the state government fails to properly resource them.”— 2022-02-24View Hansard
As Deputy Premier and Planning Minister, spoke in support of the bill, particularly defending the amendments to the Environmental Protection Act regarding ministerial infrastructure designations for projects like satellite hospitals.
“I am pleased to speak today in support of the Health and Other Legislation Amendment Bill 2021.”— 2022-02-23View Hansard
Supported the bill, particularly the amendments to licence renewal processes for personal appearance services businesses that reduce stress and administrative burden during COVID-19 recovery.
“This demonstrates common sense and good therapy for those businesses getting back on track after very stressful times.”— 2022-02-24View Hansard
As a committee member, supported some amendments such as removing the age cap for the QAS Commissioner, but strongly opposed amendments relating to the Termination of Pregnancy Act, stating the KAP finds it 'abhorrent that students would be forced' to assist with terminations.
“The KAP has made its strong philosophical position on this issue very clear. We consider ourselves uncompromising when it comes to anything to do with this issue.”— 2022-02-23View Hansard
Strongly supported the bill as carefully considered legislation, particularly the amendments allowing students to assist in terminations of pregnancy, expanding access to the Viewer, and clarifying that donated breastmilk is not tissue under the Transplantation and Anatomy Act.
“By continuing to exclude students from observing and learning about termination of pregnancy, we would put a brake on the development of that much needed regional and rural health workforce.”— 2022-02-24View Hansard
Spoke in support of the bill as a committee member, praising the wide range of reformist legislation introduced by the Palaszczuk government including this bill's updates to existing health legislation.
“I rise to speak in support of the Health and Other Legislation Amendment Bill 2020, which was introduced to this parliament by the Minister for Health on 1 December. I also support the minister's proposed amendments.”— 2022-02-23View Hansard
Supported the bill, highlighting the streamlined planning processes for satellite hospitals and the amendments making it easier for radiographers regarding ID requirements.
“Labor governments support our health workers; we do not sack them.”— 2022-02-24View Hansard
As a committee member, noted the opposition supports the recommendation to pass the bill but expressed reservations, particularly about the environmental nuisance exemptions, though was satisfied by the planning minister's explanation.
“Recommendation No. 1 was that the bill be passed. The opposition supports that, but I do have some reservations I would like to outline.”— 2022-02-23View Hansard
In reply, defended the bill's provisions on expanded Viewer access, ECT safeguards, and termination of pregnancy amendments, addressing concerns raised by opposition and crossbench members. Moved government amendments to recognise Norfolk Island under the Mental Health Act.
“This bill introduces practical and workable health reforms to improve the efficiency of our health system.”— 2022-02-24View Hansard
Spoke in support of the bill as a committee member, focusing on the Mental Health Review Tribunal and ECT amendments, and the Termination of Pregnancy Act changes.
“I rise to contribute to the Health and Other Legislation Amendment Bill 2021.”— 2022-02-23View Hansard
As Greens health spokesperson, criticised the bill for not addressing healthcare funding and opposed the expansion of ministerial infrastructure designations which she argued removed developments from normal local government assessment processes.
“This bill does not really touch funding for our healthcare system to take care of Queenslanders.”— 2022-02-23View Hansard
Spoke in support of the bill, highlighting the benefits of expanding allied health professional access to the Viewer and the Mental Health Act amendments.
“I am pleased to contribute to the debate and give my support to the passage of the Health and Other Legislation Bill 2021.”— 2022-02-23View Hansard
Stated the LNP will not oppose the bill but raised concerns about specific provisions, including the expanded access to the Viewer health records system.
“As indicated by my colleague the LNP shadow minister for health and ambulance services, the Liberal National Party will not be opposing this legislation.”— 2022-02-23View Hansard
Spoke in support of the bill, acknowledging health workers in Townsville and the committee's recommendation to pass the bill with five recommendations.
“I rise to speak in support of the Health and Other Legislation Amendment Bill 2021.”— 2022-02-23View Hansard
Stated the LNP will not oppose the bill but protested the use of omnibus bills, arguing it makes it difficult for Queenslanders to follow administrative changes. Supported specific amendments like the ambulance information sharing provisions.
“While the LNP will not be opposing this bill, before addressing specific amendments I must voice my protest against the constant use of these omnibus bills by the Labor government.”— 2022-02-23View Hansard
Spoke in support of the bill, focusing on amendments to the Ambulance Service Act, Hospital and Health Boards Act, and Mental Health Act confidentiality provisions.
“I rise in support of the Health and Other Legislation Amendment Bill which supports the continued provision of world-class health services across Queensland.”— 2022-02-23View Hansard
Stated the LNP will not oppose the bill but raised concerns about access to doctors in regional hospitals and the environmental nuisance exemption provisions.
“As outlined earlier, the LNP will not be opposing the bill.”— 2022-02-23View Hansard
Spoke in support of the bill, highlighting the benefits of expanding access to the Viewer for allied health professionals and the rights-based approach to Mental Health Act amendments.
“I rise to make a contribution to the Health and Other Legislation Amendment Bill 2021.”— 2022-02-23View Hansard
Expressed concerns about the ECT provisions, arguing the safeguards for involuntary patients are too vague, and raised issues about the rights of people subject to involuntary mental health orders.
“I acknowledge that the bill seeks to address this issue by adding a proviso requiring a person's views, wishes and preferences to be taken into account before the approval of ECT treatment is given. However, the wording of this provision is so vague that it offers no real safeguard or protection for such a vulnerable group.”— 2022-02-23View Hansard
As a former nurse with direct experience of ECT, strongly supported the bill and rebutted concerns about ECT raised by other members, defending the bill's improved protections for patients undergoing the procedure.
“I support the bill. It is another fine example of the Palaszczuk Labor government's outstanding achievements in health.”— 2022-02-23View Hansard
Spoke in support of the bill, noting the LNP is not opposing it and that most amendments are fairly uncontroversial. Commented on ECT provisions based on Mental Health Select Committee experience.
“I rise also to speak in support of this bill. I note that the LNP is not opposing the bill and that most of the amendments and changes that are proposed are fairly uncontroversial.”— 2022-02-23View Hansard
Spoke in support of the bill, highlighting the Palaszczuk government's investment in health infrastructure including the Ipswich Hospital expansion and the benefits of the bill's amendments.
“I rise to speak on the Health and Other Legislation Amendment Bill 2021.”— 2022-02-23View Hansard
Supported some amendments such as removing the QAS Commissioner age cap, but strongly opposed amendments to the Termination of Pregnancy Act regarding student involvement and criticised the omnibus bill format.
“I fully support some amendments under this bill but not others, yet I am expected to vote either yes or no en bloc on these issues under one bill.”— 2022-02-23View Hansard
Spoke in support of the bill, particularly praising the vaccination program and the work of health workers in the Logan area.
“I rise to support the Health and Other Legislation Amendment Bill.”— 2022-02-23View Hansard
Acknowledged the bill while raising concerns about the lack of permanent doctors in regional communities like Clermont, Dysart and Collinsville, highlighting the challenges of rural health service delivery.
“When you consider that for four long years we have been battling to get a permanent doctor at Clermont and places like Dysart and Collinsville, you start to appreciate the challenges of providing a health service in rural and regional communities.”— 2022-02-23View Hansard
Spoke in support of the bill, focusing on the amendments to the Termination of Pregnancy Act allowing students to assist and the Mental Health Act improvements.
“I rise to speak in support of the Health and Other Legislation Amendment Bill 2021.”— 2022-02-23View Hansard
Spoke in support of the bill, praising the committee's work on the diverse amendments across 10 acts and the health system's performance despite COVID pressures.
“I rise to speak in support of the Health and Other Legislation Amendment Bill 2021.”— 2022-02-23View Hansard
Sought reassurance that students' conscientious objection rights would be fully protected under the termination of pregnancy amendments, and raised privacy concerns about expanded Viewer access. Also advocated for a new Toowoomba Hospital.
“Under no circumstances should it cause any difficulties with their studies or their grades. I do not think anybody should be compelled to be involved in a medical procedure that goes against their conscience.”— 2022-02-23View Hansard