Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2022
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸13 members spoke7 support2 oppose4 mixed
Strongly opposed the bill, arguing it allows government overreach into the doctor-patient relationship and could discourage medical practitioners, particularly in rural areas.
“If this bill is passed, there will be absolutely no way a patient can have confidence that their doctor is providing the best advice based on their medical history or individual circumstances.”— 2022-10-13View Hansard
Expressed concerns about natural justice issues with public statements before investigations are completed, while acknowledging the bill's importance for protecting patients.
“We must let natural justice run its course. A public statement is not the only mechanism the Health Ombudsman or Ahpra have at their disposal to uphold patient safety.”— 2022-10-12View Hansard
Supported the bill, emphasising the importance of public confidence in health professionals and referencing Queensland's successful COVID-19 response.
“We would not have had the success we had in Queensland if we did not back our medical professionals and make sure that that confidence in the public was strong.”— 2022-10-13View Hansard
Supported the bill emphasising the importance of public safety and confidence in health services.
“Queenslanders deserve safe and high-quality health services.”— 2022-10-12View Hansard
Recognised the importance of regulating health practitioners but expressed reservations about natural justice concerns regarding public statements before investigations are completed.
“A public statement is not the only mechanism the Health Ombudsman or the Australian Health Practitioner Regulation Authority, Ahpra, have at their disposal to uphold patient safety.”— 2022-10-13View Hansard
Raised concerns about natural justice and the bill's potential impact on doctor-patient relationships.
“We believe that no such statement should be made without a comprehensive investigation being conducted, and finalised.”— 2022-10-12View Hansard
Supported the bill, highlighting safeguards including show cause processes and appeals to tribunals, and criticising the LNP's statement of reservation as hypocritical.
“This bill represents a significant step forward for public safety. It is a step forward for our hardworking health workers.”— 2022-10-13View Hansard
Supported the bill for strengthening health practitioner regulation and public safety.
“The new guiding principle will create a specific legislative obligation to place public safety and public confidence as the most important factor in all decisions.”— 2022-10-12View Hansard
Acknowledged the importance of regulating health practitioners but expressed concerns about allowing public statements before investigations are completed, drawing on her experience as a disciplinary prosecutor.
“This bill as it stands will allow for a public statement to be issued prior to an investigation into any alleged practitioner misconduct being completed.”— 2022-10-13View Hansard
Opposed the bill, expressing concerns about government overreach into doctor-patient relationships and potential silencing of dissenting medical opinions.
“The amendments updating the functions of Ahpra will give it broad discretionary powers.”— 2022-10-12View Hansard
Spoke in support of the bill with a focus on the importance of culturally safe health care for Aboriginal and Torres Strait Islander communities.
“This is about making sure that, when a First Nations person is in a vulnerable state where there are suicidal ideologies entering their mind...they know they can call 13YARN to speak to a First Nations person with cultural understanding and sensitivity.”— 2022-10-13View Hansard
Supported the bill emphasising that the guiding principles apply to regulators, not individual practitioners, and that health care will continue to be guided by informed consent and medical ethics.
“The guiding principles in the national law do not apply broadly to govern all aspects of health care or the relationship between a patient and their health practitioner.”— 2022-10-12View Hansard
Supported the bill as national legislation agreed to by all health ministers, emphasising public safety protections.
“Queenslanders deserve safe and high-quality health services.”— 2022-10-13View Hansard
Plain English Summary
Overview
This bill strengthens the national framework for regulating Australia's 800,000+ registered health practitioners. It gives regulators new powers to protect the public from dangerous practitioners, improves information sharing about risky practitioners, and requires the health system to provide culturally safe care for Aboriginal and Torres Strait Islander Peoples.
Who it affects
All Queenslanders who use health services benefit from stronger consumer protections. Health practitioners face tighter oversight and new reporting requirements. Aboriginal and Torres Strait Islander Peoples gain recognition of their right to culturally safe, racism-free healthcare.
Key changes
- Makes public protection the paramount principle in all health practitioner regulation decisions
- Gives regulators power to issue interim prohibition orders against unregistered or suspended practitioners who pose serious risks
- Allows regulators to issue public statements warning about dangerous practitioners under investigation
- Requires National Boards to share information about risky practitioners with current and former employers
- Adds a new objective requiring the health workforce to provide culturally safe services to Aboriginal and Torres Strait Islander Peoples
- Requires practitioners to report charges and convictions for scheduled medicine (drug) offences
- Allows registration to be withdrawn if it was improperly obtained through false or misleading information
- Removes the blanket ban on testimonials in health advertising, while keeping bans on false or misleading claims
- Increases maximum penalties for advertising breaches from $5,000 to $60,000 for individuals