Health Practitioner Regulation National Law (Surgeons) Amendment Bill 2023

Introduced: 20/4/2023By: Hon Y D'Ath MPStatus: PASSED

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced20 Apr 2023View Hansard

That clause 5, as read, be agreed to

Passed53 ayes – 33 noes2023-04-20

The motion passed.

Show individual votes

Ayes (53)

Bailey(Australian Labor Party)
Berkman(Queensland Greens)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Bush(Australian Labor Party)
Butcher(Australian Labor Party)
Crawford(Australian Labor Party)
Dametto(Katter's Australian Party)
Dick(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Healy(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Hunt(Australian Labor Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lui(Australian Labor Party)
MacMahon(Queensland Greens)
Madden(Australian Labor Party)
Martin(Australian Labor Party)
McCallum(Australian Labor Party)
McMahon(Australian Labor Party)
McMillan(Australian Labor Party)
Mellish(Australian Labor Party)
Miles(Australian Labor Party)
Mullen(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Pease(Australian Labor Party)
Power(Australian Labor Party)
Pugh(Australian Labor Party)
Richards(Australian Labor Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
Saunders(Australian Labor Party)
Scanlon(Australian Labor Party)
Skelton(Australian Labor Party)
Smith(Australian Labor Party)
Stewart(Australian Labor Party)
Sullivan(Independent)
Tantari(Australian Labor Party)
Walker(Australian Labor Party)
Whiting(Australian Labor Party)
de Brenni(Australian Labor Party)

Noes (33)

Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Camm(Liberal National Party)
Crandon(Liberal National Party)
Crisafulli(Liberal National Party)
Frecklington(Liberal National Party)
Gerber(Liberal National Party)
Hart(Liberal National Party)
Head(Liberal National Party)
Janetzki(Liberal National Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Lister(Liberal National Party)
Mander(Liberal National Party)
McDonald(Liberal National Party)
Mickelberg(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
O’Connor(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Purdie(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Stevens(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)
First Reading20 Apr 2023View Hansard
Committee20 Apr 2023 – 12 Sept 2023View Hansard

Referred to Community Support and Services Committee

Second Reading20 Apr 2023 – 12 Sept 2023View Hansard
17 members spoke17 support
11.39 amHon. SM FENTIMANSupports

As Minister for Health, introduced and moved the bill to protect the title 'surgeon' within the medical profession, citing numerous cases of patient harm from unqualified cosmetic practitioners.

It is reasonable for a patient to expect that a doctor calling themselves 'surgeon' has the surgical qualifications to back up the title. Without significant surgical training, a doctor holding themselves out as a surgeon is leading their patients to believe they are more qualified than they actually are.2023-09-12View Hansard
11.53 amMs BATESSupports

Shadow health minister announced the Opposition would not oppose the bill, drawing on personal experience running medical facilities on the Gold Coast where fly-in fly-out cosmetic surgeons caused patient harm.

At the very outset I will outline that the Opposition will not oppose the passage of this bill through the House today. The Health Practitioner Regulation National Law (Surgeons) Amendment Bill 2023 is not an overtly controversial piece of legislation.2023-09-12View Hansard
12.04 pmMr HARPERSupports

Spoke as a Health and Environment Committee member, emphasising patient safety and noting broad agreement among stakeholders that protecting the public from unqualified practitioners was key.

One thing is absolutely clear: this bill is about patient safety. Protection of title is incredibly important to the health industry.2023-09-12View Hansard
12.13 pmMs LAUGASupports

Focused on the critical role of the legislation in improving patient protection and transparency, citing heartbreaking cases of patient harm from the committee process.

Let me be very clear: no person should have to endure such treatment from a medical professional.2023-09-12View Hansard
12.19 pmMr MOLHOEKSupports

Deputy chair of the Health and Environment Committee, supported the bill while noting concerns raised by the Australian College of Rural and Remote Medicine about rural generalists.

At the heart of this legislation is a recognition that in protecting the title of surgeon we also protect the public from unnecessary harm.2023-09-12View Hansard
12.28 pmMs KINGSupports

Emphasised the risks of cosmetic surgery and the information imbalance between practitioners and patients, noting that surgical training takes 8-12 years and builds professional standards.

If you are offering to cut deep into a person's body, to break or reshape their bones or to lacerate their skin as a consumer transaction that is costing thousands of dollars, then your potential patients should have the tools to assess exactly how qualified you are to do that work.2023-09-12View Hansard
12.39 pmMr KELLYSupports

As a former nurse, emphasised the importance of proper regulation of health professionals and the significant impact of body image on patients seeking cosmetic surgery.

It is quite simple: the public just has to know who their surgeon is, who is operating on them.2023-09-12View Hansard
12.48 pmMr POWELLSupports

Discussed public trust in medical professionals and raised concerns about rural generalists and Australian Defence Force surgeon titles, while supporting the legislation.

We do not want people going from one state or territory to another and having to operate under different legislation or different regulations.2023-09-12View Hansard
12.57 pmMr SKELTONSupports

Outlined the extensive consultation process behind the bill and emphasised that stakeholders overwhelmingly supported title protection rather than maintaining the status quo.

Queenslanders rely heavily upon what they are told by their doctor. Queenslanders trust that a doctor who calls themselves a surgeon or cosmetic surgeon has the training to go along with the title.2023-09-12View Hansard
3.04 pmMs PEASESupports

Spoke about making it an offence for unqualified practitioners to use the title 'surgeon' and protecting Queenslanders from predatory practitioners.

It is about making sure Queenslanders are protected from predatory practitioners claiming to have qualifications beyond their scope.2023-09-12View Hansard
3.11 pmMr LANGBROEKSupports

As a registered non-practising dentist, supported the bill and noted the exclusion of dental surgeon titles, while highlighting Gold Coast cases of 'cosmetic cowboys'.

The Gold Coast has been dubbed the capital of cosmetic improvements. It has been home to a number of high-profile cases by surgeons known as 'cosmetic cowboys' whose procedures have put patients as risk.2023-09-12View Hansard
3.18 pmMs PUGHSupports

Noted bipartisan support and emphasised protecting Queenslanders from rogue operators, while discussing the normalisation of cosmetic procedures through social media.

In my view, this legislation certainly seeks to protect Queenslanders from the rogue operators. Importantly, it also seeks to better educate Queenslanders about the qualifications someone should have.2023-09-12View Hansard
3.28 pmMs LUISupports

Acknowledged the committee's work and broad stakeholder support, emphasising that protecting the public from unqualified practitioners was paramount.

Our paramount concern is the safety and wellbeing of all Queenslanders.2023-09-12View Hansard
3.35 pmDr ROWANSupports

As a registered specialist physician, strongly supported the reforms and acknowledged the Royal Australasian College of Surgeons as the appropriate entity for training standards.

As a registered specialist physician and senior leader of the medical profession in Queensland, I strongly support the amendments and reforms contained within the Health Practitioner Regulation National Law (Surgeons) Amendment Bill 2023.2023-09-12View Hansard
3.45 pmMr McCALLUMSupports

Emphasised the high trust the public places in the term 'surgeon' and the need to ensure that trust is warranted through appropriate qualifications.

To allow people who have not undergone the appropriate training to use the term 'surgeon' is misleading and undermines the principle of informed and free consent and does absolutely nothing to protect the public.2023-09-12View Hansard
3.55 pmMrs GILBERTSupports

Spoke about the need for regulation to keep pace with growing cosmetic surgery trends and protect the public from cowboys in the health system.

We need to ensure that necessary boundaries are put in place in the medical arena to protect everyone.2023-09-12View Hansard
4.03 pmMr KNUTHSupports

Noted the committee's unanimous recommendation and widespread stakeholder support, emphasising the need to protect the term 'surgeon' from practitioners who do not meet minimum standards.

Surgeons are recognised by the public as highly respected and highly trained and qualified professionals. As such, the use of the term by some practitioners who do not meet minimum standards to call themselves a cosmetic surgeon should be subject to consequences.2023-09-12View Hansard
In Detail12 Sept 2023View Hansard
1 clause vote (all passed)

Vote on clause 6

Passed53 ayes – 33 noes2023-04-20

The clause was kept in the bill.

A vote on whether a specific clause should remain in the bill as written.

Show individual votes

Ayes (53)

Bailey(Australian Labor Party)
Berkman(Queensland Greens)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Bush(Australian Labor Party)
Butcher(Australian Labor Party)
Crawford(Australian Labor Party)
Dametto(Katter's Australian Party)
Dick(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Healy(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Hunt(Australian Labor Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lui(Australian Labor Party)
MacMahon(Queensland Greens)
Madden(Australian Labor Party)
Martin(Australian Labor Party)
McCallum(Australian Labor Party)
McMahon(Australian Labor Party)
McMillan(Australian Labor Party)
Mellish(Australian Labor Party)
Miles(Australian Labor Party)
Mullen(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Pease(Australian Labor Party)
Power(Australian Labor Party)
Pugh(Australian Labor Party)
Richards(Australian Labor Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
Saunders(Australian Labor Party)
Scanlon(Australian Labor Party)
Skelton(Australian Labor Party)
Smith(Australian Labor Party)
Stewart(Australian Labor Party)
Sullivan(Independent)
Tantari(Australian Labor Party)
Walker(Australian Labor Party)
Whiting(Australian Labor Party)
de Brenni(Australian Labor Party)

Noes (33)

Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Camm(Liberal National Party)
Crandon(Liberal National Party)
Crisafulli(Liberal National Party)
Frecklington(Liberal National Party)
Gerber(Liberal National Party)
Hart(Liberal National Party)
Head(Liberal National Party)
Janetzki(Liberal National Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Lister(Liberal National Party)
Mander(Liberal National Party)
McDonald(Liberal National Party)
Mickelberg(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
O’Connor(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Purdie(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Stevens(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)
Third Reading20 Apr 2023 – 12 Sept 2023View Hansard
Became Act 22 of 202320 Sept 2023
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Plain English Summary

Overview

This bill protects the title 'surgeon' so only medical practitioners with significant surgical training can use it. It responds to widespread consumer confusion in the cosmetic surgery industry, where any doctor could previously call themselves a 'cosmetic surgeon' regardless of their qualifications, putting patients at risk.

Who it affects

Patients benefit from clearer information about practitioner qualifications. Medical practitioners without specialist surgical training can no longer use the title 'surgeon' and face penalties up to $60,000 or 3 years imprisonment if they do.

Key changes

  • Only specialists in surgery, obstetrics/gynaecology, or ophthalmology can use the title 'surgeon'
  • Titles like 'cosmetic surgeon' or 'aesthetic surgeon' are now restricted to qualified specialists
  • Maximum penalty of $60,000 or 3 years imprisonment for individuals misusing the title
  • Employers also face penalties for falsely advertising staff as surgeons
  • Dental surgeons and podiatric surgeons can continue using their existing specialist titles