Health and Other Legislation Amendment Bill 2022
Plain English Summary
Overview
This bill amends eight health-related Acts to strengthen protections for public health workers, modernise cancer data collection, enable electronic recording of Mental Health Review Tribunal proceedings, expand school vision screening, streamline organ donation consent, and update various administrative processes across Queensland's health system.
Who it affects
Public health workers gain new wellbeing protections, cancer patients benefit from improved data collection that will inform better treatments and strategies, families of primary school children can be directly contacted about free vision screening, and families consenting to organ donation in private hospitals can now provide verbal consent.
Health workforce wellbeing and patient safety
Hospital and Health Services and Boards must now actively promote a culture and implement measures supporting the health, safety and wellbeing of public health workers. Healthcare security officers are explicitly prohibited from directing someone to leave a facility if they need emergency medical treatment.
- Hospital and Health Services and Boards must consider staff health, safety and wellbeing in planning and service delivery
- Security officers cannot direct a person to leave hospital premises if they need emergency treatment to save their life or prevent serious impairment
Queensland Cancer Register modernisation
The Queensland Cancer Register is expanded to capture more comprehensive cancer data. Diagnostic imaging practices become notifiers for the first time, pathology laboratories must report follow-up examinations, and hospitals must report all treatment episodes rather than just the first per calendar year.
- Diagnostic imaging practices (CT, MRI, PET scans etc.) must now notify the Cancer Register of cancer-related findings
- Pathology laboratories must report follow-up cancer examinations, not just initial diagnoses
- Hospitals must report every cancer treatment episode, not just the first per year
- Residential care facilities removed as notifiers; maximum penalty for failing to notify remains 20 penalty units
Mental Health Review Tribunal proceedings
The MHRT can now electronically record its proceedings and share records with appropriate parties. Adults with capacity appearing before the MHRT can waive their right to a representative verbally, reducing delays in hearings and access to treatment.
- Framework established for the MHRT to electronically record proceedings
- Strict limits on who can access copies of recordings, protecting patient privacy
- Adults with capacity can waive the right to representation verbally, not just in writing, if the MHRT is satisfied it would not cause injustice
Medicines and poisons regulation
Queensland Health can now share confidential medicines and poisons information with the Veterinary Surgeons Board, Hospital and Health Services, and interstate law enforcement. Register information can be disclosed to the public where it is in the public interest. Pest management definitions are clarified.
- Confidential medicines and poisons information can be shared with the Veterinary Surgeons Board, Hospital and Health Services, and interstate law enforcement agencies
- Register information can be disclosed to individuals or published online if it is in the public interest
- Gaseous pest treatments are clarified as fumigation activities, not pest control activities
- Primary producer exemption narrowed to only commercial agricultural or horticultural producers
Children's vision screening and other health measures
The school vision screening program can now access student information to directly contact families, matching the arrangements already in place for dental and immunisation programs. Organ donation consent is streamlined, radiation safety provisions are updated, and water fluoridation notices modernised.
- Vision screening nurses can directly contact families who have not returned consent forms for school eye checks
- Doctors no longer need a separate Queensland permit to purchase tissue products already approved under the TGA's Special Access Scheme
- Private hospitals can accept verbal consent for organ donation, matching public hospital processes
- Water fluoridation notices can be published online instead of in print newspapers
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee23 Feb 2022 – 29 Nov 2022View Hansard
Referred to Economics and Governance Committee
▸Second Reading23 Feb 2022 – 24 Feb 2022View Hansard
▸22 members spoke21 support1 mixed
Supported the bill, particularly the sensitive changes to Mental Health Review Tribunal recording and reporting processes and the improved flexibility for evidence recording.
“The new framework established by the bill allows for more flexibility for the recording of evidence and reporting.”— 2023-04-19View Hansard
As Minister for Health, moved the second reading and defended the bill's amendments across eight health portfolio acts, highlighting staff wellbeing protections, cancer register modernisation, and mental health tribunal recording reforms.
“The amendments in this bill are designed to ensure Queenslanders have access to high-quality health care, up-to-date practices and streamlined procedures.”— 2023-04-18View Hansard
Supported the bill as part of the government's commitment to delivering quality healthcare reforms, highlighting record health funding for Ipswich including satellite hospitals and mental health facilities.
“Ipswich has received record health funding over the last eight years, and we are seeing the result of that in our community.”— 2023-04-19View Hansard
As shadow health spokesperson, confirmed the LNP will not oppose the bill but argued the amendments are well-intentioned but do not address the root causes of frontline staff burnout, which she attributed to a health system in crisis with record ambulance ramping and emergency department waiting times.
“To be clear from the very start, the LNP will not be opposing this bill. It is not a controversial piece of legislation by any stretch of the imagination which is why the opposition will not stand in the way of the provisions included as part of the bill.”— 2023-04-18View Hansard
Supported the bill's provisions on cancer notification requirements, skin cancer data collection and organ donation consent streamlining, while thanking all stakeholders who contributed to the committee's consideration.
“I certainly am very supportive of those. I would also take this opportunity to encourage all Queenslanders to have regular skin checks.”— 2023-04-19View Hansard
As committee chair and former health worker with 35 years' experience, supported the bill and highlighted the staff wellbeing provisions, cancer register improvements, and vision screening amendments.
“I rise to support the Health and Other Legislation Amendment Bill 2022.”— 2023-04-18View Hansard
Supported the bill as promoting the health and safety of Queenslanders, highlighting the TGA streamlining, fluoridation notification modernisation and radiation safety improvements.
“The Palaszczuk government is fully committed to ensuring our health legislation is contemporary and effective.”— 2023-04-19View Hansard
Confirmed the LNP will not oppose the bill and made no dissenting report, but questioned whether the wellbeing provisions were 'rules about rules' given existing work health and safety obligations, and cited Queensland Audit Office findings on workforce pressure.
“I rise to speak on the Health and Other Legislation Amendment Bill 2022, which proposes largely commonsense and practical modifications to eight acts within the health portfolio.”— 2023-04-18View Hansard
Commended the government on the proposed legislative changes, supporting the streamlined organ donation consent processes and the removal of duplicate approval processes for organ access.
“In conclusion, I commend the government on changes made in the proposed legislation. I support the bill.”— 2023-04-19View Hansard
Supported the bill, detailing provisions on staff wellbeing, medicines and poisons disclosure, vision screening for children, cancer register modernisation, and mental health tribunal recording reforms.
“The bill itself will make important changes to the Hospital and Health Boards Act to strengthen protections for the physical and psychological wellbeing of workers in Queensland public health services.”— 2023-04-18View Hansard
Supported the bill, focusing on organ donation provisions and encouraging all Queenslanders to register as organ donors and discuss their wishes with family.
“Please sign up as an organ donor. Go to the DonateLife website and sign up—it will take five minutes—and then send that screenshot to your family.”— 2023-04-19View Hansard
Supported the bill's technical changes as commonsense updates, noted his professional interest as a registered dental surgeon, and spoke about his personal role in championing water fluoridation in Queensland. Criticised the government on ambulance ramping.
“There are elements of the bill which the opposition acknowledge are commonsense updates and modernisations to legislation across the health portfolio.”— 2023-04-18View Hansard
Supported the bill while emphasising the need for ongoing monitoring of hospital and health services boards to ensure staff health, safety and wellbeing measures are effective.
“It is well and good to put these changes in place, but if we are not measuring whether they are successful or asking our hospital and health services and their boards to report on their efficacy, then it is really a wasted effort.”— 2023-04-19View Hansard
Supported the bill as delivering better protections for healthcare workers and emphasised the importance of rules for worker safety amid increasing demand on the health system. Debate was adjourned during her speech.
“This bill makes minor but important amendments to facilitate initiatives that support the provision of health services in Queensland and promote better health care for Queenslanders.”— 2023-04-18View Hansard
Supported the bill, highlighting the Central Queensland Hospital Foundation and the importance of hospital foundations in supporting health services in regional communities.
“I am also proud of our Central Queensland Hospital Foundation, CQShines.”— 2023-04-19View Hansard
Supported the bill's administrative improvements but questioned whether the new fumigation approval requirements under Queensland Health had been adequately communicated to grain handlers in regional Queensland.
“Is this more red tape for our agricultural production?”— 2023-04-19View Hansard
Supported the bill and defended health workers against LNP criticism, highlighting the government's investment in Logan health infrastructure including the Logan Hospital expansion.
“Our growing communities cannot afford to risk the LNP.”— 2023-04-19View Hansard
Confirmed the LNP would not be opposing the bill, acknowledging it as commonsense modernisation, while advocating for more specialist services at Beaudesert Hospital.
“The LNP will not be opposing this bill. As other members have noted, it is a commonsense bill in many respects.”— 2023-04-19View Hansard
Supported the bill, sharing personal experience of her father's battle with bowel cancer and commending the cancer notification improvements and Mackay Base Hospital oncology team.
“In January this year, my father lost his battle with bowel cancer. It is not a battle that I want to see any other families face.”— 2023-04-19View Hansard
Welcomed the staff wellbeing measures but criticised the bill as typical of small, incremental changes that do not address the fundamental workforce crisis, arguing broader conditions including housing and cost of living must be improved.
“In closing, we welcome these measures to improve wellbeing. However, I stress that if the broader conditions are not improved we are going to see more people leaving the healthcare sector.”— 2023-04-19View Hansard
Supported the bill and criticised the Greens contribution as hypocritical, highlighting government investment in new health facilities including the Ipswich Hospital expansion and Ripley satellite hospital.
“It was unbelievably hypocritical to hear a contribution reflecting on difficulties and stresses for our healthcare workers from a member of a political party that is holding up $10 billion worth of housing.”— 2023-04-19View Hansard
Supported the bill's measures for health worker safety and wellbeing, while extensively criticising the former Sunshine Coast Hospital and Health Service CEO and board for failing to act on staff complaints.
“We support measures to ensure the safety and wellbeing of public sector workers is protected.”— 2023-04-19View Hansard
▸In Detail24 Feb 2022View Hansard
That the amendment be agreed to
Vote on government amendments to the Health and Other Legislation Amendment Bill 2021, which included changes across multiple health portfolio acts including mental health, ambulance service, and environmental protection provisions.
The motion passed.
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Ayes (49)
Noes (37)
That the motion, as amended, be agreed to
Vote on the second reading motion for the Health and Other Legislation Amendment Bill 2021 as amended by government amendments, to advance the bill to the next stage.
The motion passed.