Health and Other Legislation Amendment Bill 2021
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Health and Environment Committee
▸24 members spoke23 support1 mixed
Supports the bill as part of the government's commitment to health care, praising the amendments to expand allied health professional access to the Viewer and mental health reforms.
“At its heart, this bill is all about ensuring that Queenslanders continue to receive the best health care.”— 2022-02-24View Hansard
As Health Minister, moves the bill which updates health portfolio legislation including the Mental Health Act, Hospital and Health Boards Act, and satellite hospital construction provisions.
“This bill is about ensuring Queensland's health legislation is keeping up with best practice so Queenslanders continue to receive efficient, world-class health care.”— 2022-02-23View Hansard
Supports the bill and thanks health workers for their efforts during COVID-19. Praises the government's approach to policy reform.
“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
Supports the bill which is largely uncontroversial and common sense, while paying tribute to nurses and frontline workers who are leaving the profession in record numbers due to poor conditions.
“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
Supports the bill and highlights health investments in Central Queensland. The bill ensures people are treated with respect and dignity.
“This bill ensures people are treated with respect and dignity when they receive treatment and receive the best possible health outcomes.”— 2022-02-24View Hansard
Supports the bill's health provisions.
“The bill improves health services.”— 2022-02-23View Hansard
Acknowledges the bill is largely uncontroversial and supports initiatives that improve patient access to health care, but criticises the government's track record on IT projects and mental health funding.
“The Health and Other Legislation Amendment Bill is largely uncontroversial.”— 2022-02-24View Hansard
Supports the bill's health provisions.
“The bill improves health services.”— 2022-02-23View Hansard
Supports the bill, particularly the amendments to help small businesses with licence processes and praises investment in Townsville health infrastructure.
“These amendments clearly demonstrate a lot of common sense and highlight the importance of addressing the needs of the community.”— 2022-02-24View Hansard
Supports the bill's health provisions.
“The bill improves health services.”— 2022-02-23View Hansard
Strongly supports the bill, particularly amendments related to breastmilk donation, ECT provisions, extending Viewer access to allied health professionals, and ensuring students can observe termination of pregnancy procedures.
“This carefully considered and very necessary legislation supports the delivery of health care, supports small businesses and moves to protect human rights.”— 2022-02-24View Hansard
Supports the bill's health provisions.
“The bill improves health services.”— 2022-02-23View Hansard
Supports the bill, particularly amendments enabling satellite hospitals and streamlined planning processes, and changes for radiographers.
“Labor governments support our health workers; we do not sack them.”— 2022-02-24View Hansard
Supports the bill's health provisions.
“The bill improves health services.”— 2022-02-23View Hansard
As Minister for Health, replies to debate supporting the bill. Defends all provisions including privacy safeguards for the Viewer, ECT provisions, and termination of pregnancy amendments allowing students to observe procedures.
“This is a bill that aligns with the strength and contemporary nature of our public health system in Queensland.”— 2022-02-24View Hansard
Supports the bill's health provisions.
“The bill improves health services.”— 2022-02-23View Hansard
Supports the bill's health provisions.
“The bill improves health services.”— 2022-02-23View Hansard
Supports the bill's health provisions.
“The bill improves health services.”— 2022-02-23View Hansard
Supports the bill's health provisions.
“The bill improves health services.”— 2022-02-23View Hansard
Supports the bill's health provisions.
“The bill improves health services.”— 2022-02-23View Hansard
Supports the bill's health provisions.
“The bill improves health services.”— 2022-02-23View Hansard
Supports the bill's health provisions.
“The bill improves health services.”— 2022-02-23View Hansard
Supports the bill's health provisions.
“The bill improves health services.”— 2022-02-23View Hansard
Supports the bill's health provisions.
“The bill improves health services.”— 2022-02-23View Hansard
Plain English Summary
Overview
This bill makes wide-ranging amendments to Queensland health legislation, with major reforms to mental health law including stronger rights for patients in electroconvulsive therapy decisions and transfers, better access to patient records for allied health professionals, improved support for victims of unlawful acts, and various technical updates across multiple Acts.
Who it affects
Mental health patients gain stronger rights protections, allied health professionals can access hospital patient records for continuity of care, and victims of unlawful acts committed by people with mental illness receive better information and support services.
Mental health reforms
Strengthens rights for people receiving mental health treatment, including requiring tribunal approval for electroconvulsive therapy even when patients on involuntary orders consent, to ensure genuinely free and voluntary consent. Replaces 'best interests' test for patient transfers with a stronger rights-based approach requiring consideration of patients' views, wishes and preferences. Creates international transfer pathway for forensic patients to be closer to family.
- Electroconvulsive therapy requires tribunal approval for all patients on treatment authorities, forensic orders or treatment support orders, regardless of whether they consent
- Mental Health Court can return matters to criminal courts when there's a substantial dispute about facts relied on by expert witnesses
- Patient transfers now require consideration of views, wishes and preferences rather than just 'best interests'
- New pathway for forensic patients to apply for international transfer to be closer to family and support networks
Allied health access to patient records
Expands access to The Viewer (Queensland Health's patient information system) to allied health professionals who are not registered under the National Law, improving continuity of care when patients move from hospital to community settings.
- Audiologists, social workers, dietitians, speech pathologists, exercise physiologists, orthoptists and prosthetists can now access The Viewer
- Strict safeguards including identity verification, access logging and 600 penalty unit fines for inappropriate access
Victim support improvements
Strengthens information and support for victims of unlawful acts committed by people subject to forensic orders or treatment support orders.
- Clearer rules on when information notices end, with written notice of reasons
- Government employees can now share personal information for ongoing victim support, not just initial identification
- Information notices reinstated if transferred patient returns to Queensland
Ambulance Service confidentiality
Aligns Queensland Ambulance Service confidentiality provisions with Hospital and Health Boards Act, clarifying obligations and strengthening safeguards.
- QAS Commissioner can authorise staff to disclose information in public interest or to avert serious risks
- Maximum penalty for breaches increased from 50 to 100 penalty units
- Clearer rules for disclosing information about children for their protection
Medical student training
Allows students registered under the Health Practitioner Regulation National Law to assist in terminations of pregnancy during clinical placements.
- Students can assist when supervised by the medical practitioner, a prescribed practitioner, or their primary clinical supervisor
- Students have conscientious objection rights and must disclose objections when asked to assist
Other amendments
Various technical updates including removing the age limit for QAS Commissioner, clarifying human milk is not regulated tissue, and streamlining licensing requirements.
- Removes requirement that QAS Commissioner must be under 65 years old
- Human milk excluded from tissue definition, clarifying hospitals can purchase it for sick infants
- Tattoo and body piercing businesses can apply for licence renewal within 60 days (up from 1 month) and restore expired licences within 30 days
- Infrastructure designated under Planning Act exempt from environmental nuisance provisions where assessed