Health and Other Legislation Amendment Bill (No. 2) 2023
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Health and Environment Committee
That clause 22, as amended, be agreed to
Vote on clause 22 allowing registered nurses and midwives to prescribe and administer termination drugs (MS-2 Step). The LNP opposed citing patient safety concerns in regional areas. Passed 46-31.
The motion passed.
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Ayes (46)
Noes (31)
That the schedule, as read, stand part of the bill
Vote on the schedule containing further gender-neutral language amendments replacing 'woman' with 'person' in termination provisions. LNP and KAP opposed. Passed 46-31.
The motion passed.
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Ayes (46)
Noes (31)
Vote on a motion
Party VoteThe motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
What is a party vote?
This was a party vote. Each party's Whip declared how their members voted without a physical count, so individual votes were not recorded. Party votes are used when all members of a party are expected to vote the same way.
▸31 members spoke17 support5 oppose9 mixed
Strongly supported the bill, praising midwife-to-patient ratios and support for bereaved parents. Also endorsed the termination of pregnancy provisions as a continuation of moving the issue from criminality to health care.
“In terms of the other provisions of the bill relating to the termination of pregnancy, extending health care to the regions is important. That is recognition of the skills of our nurses and midwives across the state.”— 2024-03-07View Hansard
As Minister for Health, introduced and moved the bill, emphasising reforms for women's health including midwife-to-patient ratios and expanded access to termination services in regional areas.
“Access to sexual, reproductive and maternal health care is a fundamental human right which contributes to positive health, social and economic outcomes across the whole community.”— 2024-03-06View Hansard
Supported the midwife-to-patient ratios but raised concerns about staff shortages in rural areas and strongly criticised the closure of rural maternity services and changes to gendered language in the bill.
“Labor continue to pretend that they are a woman's best friend, yet we see amendments changing gendered language from 'woman' to 'person'. Yes, they are literally removing women from laws.”— 2024-03-07View Hansard
As Shadow Health Minister, supported changes to Hospital and Health Boards Act, Public Health Act and Mental Health Act, but opposed all amendments to Termination of Pregnancy Act and Criminal Code, citing concerns about patient safety in regional areas and the replacement of 'woman' with 'person'.
“Being a mother, carrying and birthing a baby, those very things are unique to being a woman and that should be reflected in the way legislation is written, particularly in legislation which deals directly with pregnant women and their babies.”— 2024-03-06View Hansard
Strongly supported the bill as an extension of the nurse-to-patient ratios he introduced in 2015. Accused the LNP of hypocrisy for previously opposing ratios and now claiming to support them.
“We support those real health workers and I could not be prouder of them. I thank them for their steadfast support. They see right through the falsehoods and the sickening double standard of the member for Mudgeeraba and the LNP.”— 2024-03-07View Hansard
As Committee Chair, strongly supported the bill, emphasising the importance of midwife-to-patient ratios and expanded access to termination services for regional and remote Queenslanders.
“I fully appreciate that anyone living in rural, remote and Indigenous communities should have equality of access to health care.”— 2024-03-06View Hansard
Opposed the termination of pregnancy provisions citing safety concerns for women in regional areas without adequate medical backup, and opposed the gender-neutral language changes. Announced he would vote against clauses relating to the Termination of Pregnancy Act.
“I am a supporter of right to life. The main issue of contention with the bill for me relates to the Termination of Pregnancy Act 2018.”— 2024-03-07View Hansard
Supported midwife ratio provisions but strongly opposed changes to replace 'woman' with 'person' and criticised the government's closure of 37 maternity services across rural and regional Queensland.
“In an extraordinary move, the Labor government is using this bill to erase the definition of 'woman' from the statutes and it is doing that in International Women's Week.”— 2024-03-06View Hansard
Supported all aspects of the bill including midwife-to-patient ratios, termination of pregnancy amendments, mental health provisions and dust lung disease registry changes.
“Midwives have been calling for this change for years. We know that ratios work.”— 2024-03-07View Hansard
Strongly supported the bill as expanding women's rights and access to health care, particularly for regional women, describing herself as proudly pro-choice.
“I am proudly pro choice. Those in the LNP are anti choice. They do not support a woman's right to choose.”— 2024-03-06View Hansard
Strongly opposed the bill, calling it one of the worst he had seen. Criticised the extension of termination prescribing to nurses as unsafe in rural areas, and opposed the removal of 'mother' and 'woman' from legislation.
“I am completely and utterly opposed to measures in this bill to erase from legislation the words 'mother' and 'woman'. Even those who would not commonly be associated with the Liberal National Party... have been absolutely adamant that only a woman can bear a child and only a woman can be a mother.”— 2024-03-07View Hansard
Opposed the bill due to concerns about patient safety risks for women in rural areas, the expansion of practitioners who can perform terminations, and the replacement of 'woman' with 'person' in legislation.
“Labor's agenda to erase women and deny biological reality will get no aid or quarter from me whatsoever.”— 2024-03-06View Hansard
Supported the bill as a committee member, arguing the extension of prescribing rights was necessary to address access barriers in regional areas and prevent dangerous self-induced terminations. Thanked midwives and the QNMU.
“The reason we are extending the scope of practice as the bill intends is that we know there are women in the regions seeking medical termination of pregnancy who are unable to access that at this point.”— 2024-03-07View Hansard
Supported the bill, particularly the provision to count babies as patients for midwife ratios and the amendments to improve access to termination services for all Queensland women.
“Patient safety is paramount, and having ratios will only increase safety and care for patients in our hospitals. New parents and their babies, whether the baby is born healthy or born still, deserve the best care we can possibly give.”— 2024-03-06View Hansard
Did not speak specifically to the health bill in his Private Members' Statement, which focused on transport infrastructure failures.
“N/A - speech focused on transport portfolio”— 2024-03-07View Hansard
Supported midwife-to-patient ratios but opposed the bill overall because of its changes to the Termination of Pregnancy Act, arguing that life is sacred and the $40 million investment should go to saving lives rather than terminations.
“It is amazing that we can find—we know this in rural and regional Queensland—$40 million to terminate a life, but the government cannot find $40 million to save lives by putting dialysis units in remote regional centres across our state.”— 2024-03-06View Hansard
Did not speak to the health bill during Private Members' Statements. Focused on Rockhampton PET scanner issues and Mooloolah River Interchange.
“N/A - speech focused on other issues”— 2024-03-07View Hansard
Strongly supported the bill as expanding women's rights to healthcare access, particularly for regional women, and criticised the LNP for opposing abortion rights.
“Women should not need iron determination to be able to decide if or when they have a child.”— 2024-03-06View Hansard
Did not speak directly to the health bill. Spoke in Private Members' Statements about regulatory burden on businesses.
“N/A - speech focused on business regulation”— 2024-03-07View Hansard
Supported midwife ratio changes but opposed all amendments to Termination of Pregnancy Act and Criminal Code, citing concerns about patient safety in regional areas that lack doctor coverage.
“There is no midwife-to-patient ratio when your child is born on the side of the highway.”— 2024-03-06View Hansard
Spoke briefly during Private Members' Statements about the health bill being debated, noting it deals with midwife-to-patient ratios and increasing access to choice for regional women, and accused the LNP of opposing it.
“Today we debated the health bill, which deals with midwife-to-patient ratios and increasing access to choice for regional, rural and remote women, and the LNP will vote against it.”— 2024-03-07View Hansard
Supported the bill as advancing women's health rights, praising the midwife-to-patient ratios and expanded access to reproductive health services.
“Women under the Miles government are provided safe avenues to make decisions about their bodies, and women under the Miles government will always be our priority.”— 2024-03-06View Hansard
Supported the bill as positive but incremental reforms, welcoming the 'count the babies' campaign and expanded access to terminations, while criticising both major parties for underfunding the healthcare system.
“Abortion is not just a privilege; it has to be viewed as an essential right when it comes to health care. It needs to be safe, legal and free.”— 2024-03-06View Hansard
Focused on unresolved patient safety issues at Bundaberg Hospital regarding S8 drug administration. Announced he would vote against the termination of pregnancy provisions.
“I want to put on record for my constituents, to be fair and transparent, that I will also be voting against the termination-of-pregnancy legislation.”— 2024-03-07View Hansard
Strongly supported the bill as enhancing healthcare quality and women's right to choose, criticising the LNP for opposing nurse-to-patient ratios and threatening women's reproductive rights.
“I believe very strongly in the right to choose. It is the right of every person to make those healthcare decisions for themselves without coercion from the state or from oppressive laws.”— 2024-03-06View Hansard
As the only nurse in parliament who voted for the 2016 ratios, strongly supported the bill. Argued the scope of practice changes would improve access for women seeking termination, and praised the QNMU for championing ratios.
“Through this bill, the Miles government shows it is putting women first, nurses and midwives first and patient care first. I support this bill because, once again, it shows that the Miles government is putting Queenslanders first.”— 2024-03-07View Hansard
Opposed the bill due to the expansion of termination of pregnancy provisions, arguing the $40 million should be spent on saving lives such as renal services in regional areas rather than terminations.
“We are talking about women's rights. What about that baby's rights? There are abortion survivors around the world who have gone on to live happy, fulfilling lives. That opportunity would be denied by everyone voting for this legislation here tonight.”— 2024-03-06View Hansard
Supported midwife-to-patient ratios and other health provisions but moved a reasoned amendment to separate the termination of pregnancy and gender-neutral language provisions into a separate bill. Cited AMAQ concerns about registered nurses prescribing termination drugs and stakeholder opposition to removing 'woman' from legislation.
“I find this incredible in what those opposite have labelled Queensland Women's Week and in the shadow of International Women's Day, but do not take my words for it.”— 2024-03-07View Hansard
Supported the bill, particularly praising the nation-leading midwife-to-patient ratios and expressing pride in representing healthcare workers including midwives and nurses.
“I am incredibly proud to be part of a government that installed that nation-leading provision. I am very thrilled that there is now a ratio when it comes to mums and bubs.”— 2024-03-06View Hansard
Strongly supported the bill, criticising LNP opposition and noting the member for Southern Downs called it 'one of the worst bills' he had seen. Supported midwife ratios and the national dust lung disease registry.
“The Miles Labor government has listened to the staff and patients who say that midwife ratios make them safer, and it is great to see that we are delivering them.”— 2024-03-07View Hansard
Strongly supported the bill, emphasising benefits for women in remote and regional areas. Highlighted issues faced by First Nations women who must leave home weeks before giving birth and supported equitable access to termination services.
“I do not want women in rural and remote settings to be denied the right to choose over their reproductive health. I support this bill and the amendments in this bill because I genuinely want to close the gap that prevents women having the right to choose.”— 2024-03-07View Hansard
That the amendment be agreed to
Vote on the LNP's reasoned amendment moved by Mr Powell to withdraw the bill and redraft it to remove the termination of pregnancy provisions (Parts 2, 6, 7 and Schedule 1) into a separate bill. Defeated 32-46.
The motion was defeated.
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Ayes (32)
Noes (46)
That the amendment be agreed to
Party VoteVote on the Minister's technical amendment to clarify provisions regarding registered nurses or midwives administering termination drugs under extended practice authority.
The motion passed.
What is a party vote?
This was a party vote. Each party's Whip declared how their members voted without a physical count, so individual votes were not recorded. Party votes are used when all members of a party are expected to vote the same way.
That the amendment be agreed to
The motion was defeated.
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Ayes (34)
Noes (54)
That the motion, as amended, be agreed to
Final vote on whether to pass the Health and Other Legislation Amendment Bill (No. 2) 2023 with amendments, including provisions for midwife-to-patient ratios and expanded access to medical terminations of pregnancy.
The motion passed.
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Ayes (45)
Noes (33)
▸1 clause vote (all passed)
Vote on clause 4
Vote on clause 4 which replaced gendered language ('woman') with 'person' in the Termination of Pregnancy Act and Criminal Code. The LNP and KAP opposed on grounds it erases women from legislation. Passed 46-31.
The clause was kept in the bill.
A vote on whether a specific clause should remain in the bill as written.
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Ayes (46)
Noes (31)
Voted against the termination of pregnancy clauses alongside the LNP. Did not make a substantive speech on the health bill, focusing instead on crocodile management in his Private Members' Statement.
“N/A - no substantive speech on health bill”— 2024-03-07View Hansard
As Shadow Health Minister, opposed the termination of pregnancy provisions and gender-neutral language changes. Raised concerns about patient safety, lack of implementation planning, and the capability of registered nurses to handle complications. Led opposition to clauses 4, 22 and the schedule.
“The Australian College of Midwives Queensland committee strongly disagrees with the removal of the word 'woman' and replacing it with the term 'person'. These views are quite ardent and the LNP share those views.”— 2024-03-07View Hansard
As Minister for Health, moved the bill and defended all provisions. Emphasised that the reforms would improve equitable access to termination services particularly for regional and remote women, and committed to appropriate training before implementation.
“The LNP are, and always will be, a threat to women's reproductive rights... Queensland's health system is recognised for its high standards. The commitment, professionalism, dedication and resilience of our frontline workforce is clear for all to see.”— 2024-03-07View Hansard
That the bill, as amended, be now read a third time
Party VoteFinal passage vote for the bill as amended, resolving in the affirmative under standing order 106(10) which allows passage without a formal division count.
The motion passed.
What is a party vote?
This was a party vote. Each party's Whip declared how their members voted without a physical count, so individual votes were not recorded. Party votes are used when all members of a party are expected to vote the same way.
Plain English Summary
Overview
This bill makes a wide range of health reforms to improve patient safety and expand access to healthcare. Key changes include allowing nurses and midwives to provide early medical terminations of pregnancy, counting babies as separate patients for midwife staffing ratios, requiring disclosure of serious patient safety risks identified by quality committees, and allowing Mental Health Court documents to be used in criminal proceedings.
Who it affects
The changes most directly affect pregnant people in rural and remote areas who will have better access to termination services, mothers and babies in maternity wards who will benefit from improved staffing, and patients whose safety is better protected through new information-sharing requirements.
Termination of pregnancy access
Registered nurses and midwives can now perform early medical terminations of pregnancy using approved drugs like MS-2 Step. This implements Therapeutic Goods Administration changes to prescribing rules and addresses significant access barriers for people in rural and remote Queensland. The legislation also adopts gender-neutral language to ensure it applies to all pregnant people.
- Nurses and midwives can prescribe and administer early medical termination drugs
- References to 'woman' replaced with 'person' across termination legislation
- Regulations can prescribe additional health practitioners in future
- Students can assist in terminations supervised by nurses or midwives
Patient safety and quality improvement
Quality Assurance Committees must now report health professionals who pose serious risks to patients. De-identified findings and recommendations from root cause analyses can be shared more broadly across Queensland Health to prevent similar incidents.
- Quality Assurance Committees must disclose serious patient safety risks to chief executives
- Root cause analysis recommendations can be shared across Queensland Health
- Chief executive can take action on clinical reviews conducted in any Hospital and Health Service
Maternity ward staffing
The bill clarifies that newborn babies count as separate patients when staying with their birthing parent on maternity wards. This is the first such provision in Australia and lays groundwork for minimum midwife-to-patient ratios.
- Newborn babies counted as separate patients for staffing ratios
- Queensland first jurisdiction in Australia to count every baby separately
- Includes stillborn babies who remain on maternity ward requiring midwife services
Mental Health Court evidence
Expert reports and transcripts from Mental Health Court proceedings can now be used in criminal proceedings. This helps courts consider relevant mental health evidence when determining soundness of mind, fitness for trial, or appropriate sentencing.
- Mental Health Court transcripts admissible in criminal proceedings for limited purposes
- Expert reports can be used for trials of any offence, not just the original reference
- Reports filed with the court can be released before being formally received in evidence
Dust lung disease reporting
Medical practitioners are exempted from duplicate reporting requirements once the National Occupational Respiratory Disease Registry becomes operational.
- No Queensland notification required if already reported to national registry
- Reduces administrative burden on medical practitioners