Health and Other Legislation Amendment Bill (No. 2) 2023
Plain English Summary
Overview
This bill makes amendments across five health-related Acts to improve access to healthcare, strengthen patient safety, and modernise health legislation in Queensland. The most significant changes allow nurses and midwives to perform early medical terminations of pregnancy, count newborn babies as separate patients for maternity ward staffing ratios, and improve how patient safety information is shared across Queensland Health.
Who it affects
Pregnant people in rural and remote areas gain better access to early medical terminations. New parents benefit from improved maternity ward staffing. Patients in public hospitals benefit from stronger safety information sharing. Transgender and non-binary people are recognised through gender-inclusive language in termination laws.
Early medical termination access
Registered nurses and midwives will be able to perform early medical terminations of pregnancy using termination drugs like MS-2 Step, following changes by the Therapeutic Goods Administration. This will particularly benefit people in regional and remote areas who currently have limited access to these services.
- Nurses and midwives can perform early medical terminations of pregnancy using approved drugs
- A regulation-making power allows further health practitioners (such as Aboriginal and Torres Strait Islander Health Practitioners) to be prescribed in the future
- References to 'woman' replaced with 'person' across termination of pregnancy laws for gender-inclusive access
Maternity ward staffing
Newborn babies on maternity wards will be counted as separate patients for nurse-to-patient and midwife-to-patient ratios. Queensland will be the first jurisdiction in Australia to count every baby, including stillborn babies requiring midwifery care.
- Newborn babies counted as separate patients in staffing ratios on maternity wards
- Queensland becomes the first Australian jurisdiction to implement this counting approach
- Lays the groundwork for prescribing minimum midwife-to-patient ratios in the future
Patient safety information sharing
Quality Assurance Committees must now report health professionals who pose a serious risk to patients. Root cause analysis recommendations can be shared more broadly across Queensland Health for quality improvement.
- Quality Assurance Committees must disclose when a health professional poses a serious risk of harm to patients
- Root cause analysis recommendations and lessons can be shared across Queensland Health while protecting patient and practitioner identities
- The chief executive of Queensland Health can take appropriate action on clinical reviews and investigations conducted in any Hospital and Health Service
Mental Health Court evidence
Expert reports and transcripts from Mental Health Court proceedings can now be used in criminal courts for any offence, not just the originally referred offence. Reports can also be accessed before formal hearings to support treatment planning.
- Expert reports and transcripts from Mental Health Court proceedings are admissible in criminal courts for any offence
- Expert reports filed with the Mental Health Court can be accessed before hearings with court leave, to support treatment and care planning
- Privacy protections maintained — statements by the referred person remain inadmissible against them
Dust lung disease reporting
Medical practitioners will no longer need to report dust lung diseases to both the Queensland Register and the new National Registry, removing duplicate paperwork.
- Practitioners exempt from Queensland reporting if they have notified the National Occupational Respiratory Disease Registry
- Queensland Health retains access to data through national information sharing
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee18 Apr 2023 – 7 Mar 2024View Hansard
Referred to Health and Environment Committee
That clause 22, as amended, be agreed to
Vote on clause 22 as amended, relating to the termination of pregnancy provisions allowing nurses and midwives to perform medical terminations. The ALP and Greens voted in favour (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 of the bill which contains consequential amendments. The ALP and Greens voted in favour.
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.
▸Second Reading18 Apr 2023 – 7 Mar 2024View Hansard
▸25 members spoke14 support3 oppose8 mixed
Continued his contribution from the previous day, praising the bill's midwife-to-patient ratios and commending the bill to the House.
“I will resume my contribution, which will be short today. At adjournment yesterday, I was speaking about how fantastic it is that this bill provides patient ratios for midwives and nurses.”— 2024-03-07View Hansard
As Minister for Health, moved the second reading and commended the bill, highlighting its reforms for midwife-to-patient ratios, enhanced termination of pregnancy access for rural and regional women, and patient safety improvements.
“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 criticised the inclusion of termination of pregnancy amendments in an omnibus bill, indicating he would vote against the termination provisions in consideration in detail.
“This bill covers various aspects of health legislation; however, the key amendment I want to speak on today will see the legislated introduction of midwife-to-patient ratios.”— 2024-03-07View Hansard
Stated the opposition would not oppose the health-related changes to the Hospital and Health Boards Act, Public Health Act and Mental Health Act, but would vote against all changes to the Termination of Pregnancy Act and Criminal Code.
“We will be voting against all of the changes to the Termination of Pregnancy Act 2018 and Criminal Code when the bill reaches consideration in detail.”— 2024-03-06View Hansard
Supported parts of the bill but criticised the omnibus format and stated he would vote against termination of pregnancy clauses in consideration in detail.
“It is a disgraceful that we have been put in the position of having to vote on an omnibus bill, but I will be most definitely voting in consideration in detail against all of those clauses that I referred to.”— 2024-03-07View Hansard
Spoke in support of the bill, particularly the termination of pregnancy provisions, criticising the LNP for opposing reproductive health access for women.
“It would not surprise me that the previous speaker has come out and said that the LNP will oppose anything around termination of pregnancy.”— 2024-03-06View Hansard
As a committee member, commended the bill and the detailed inquiry process, supporting all provisions including midwife ratios and termination of pregnancy access.
“The Health, Environment and Agriculture Committee, in its report, has recommended to the Assembly that this bill be passed.”— 2024-03-07View Hansard
Supported ensuring midwives and birthing services are available in communities but criticised the government for closing 37 maternity services and argued compassion and support are vital for women facing difficult decisions.
“We support ensuring these services in communities so mums can have their babies safely and close to home.”— 2024-03-06View Hansard
Supported health provisions but opposed the extension of termination pill prescribing to nurses, especially in rural areas where they would not have necessary medical backup.
“I will be voting against the clauses relating to the extension of termination pill prescribing to nurses, especially in rural or regional areas where they would not have the necessary backup to safely prescribe them.”— 2024-03-07View Hansard
Spoke in strong support of the bill, particularly the termination of pregnancy amendments and midwife-to-patient ratios, during Queensland Women's Week.
“I rise to speak in support of the Health and Other Legislation Amendment Bill (No. 2) 2023.”— 2024-03-06View Hansard
As a committee member, supported the bill and highlighted the importance of the healthcare reforms.
“I note that I was part of the committee during analysis of this bill.”— 2024-03-07View Hansard
Opposed the bill, particularly the expansion of termination of pregnancy services to nurses and midwives, questioning the evidence of unmet need in regional areas and criticising the government's undemocratic approach to law-making.
“I strongly oppose any future expansion of the bill's provisions beyond nurses and midwives, particularly given the life-threatening nature of the complications that can arise.”— 2024-03-06View Hansard
Focused on clinical review and health service investigation provisions, supporting those parts of the bill while stating he would vote against the termination of pregnancy legislation.
“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
Spoke proudly in support of the bill, particularly the provision to count babies in midwife-to-patient ratios, drawing on her personal experience of maternity care.
“I am so proud to rise in the House and support this bill today, especially the provision about counting babies.”— 2024-03-06View Hansard
Supported the bill as putting patients and patient care first, praising the Miles government for putting Queenslanders 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 termination of pregnancy provisions, arguing the government should invest in saving lives through dialysis units in remote centres rather than making it easier to terminate life.
“It is amazing that we can find $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. I cannot support this bill.”— 2024-03-06View Hansard
As a former committee member, supported health safety provisions but moved an amendment during CID relating to the termination of pregnancy provisions, which was defeated.
“I, too, rise to address the Health and Other Legislation Amendment Bill (No. 2) 2023.”— 2024-03-07View Hansard
Strongly supported the bill as landmark legislation for women, criticising the LNP for opposing women's right to abortion access.
“In truth, the LNP oppose all Queensland women having the right to abortion, and they have demonstrated that yet again.”— 2024-03-06View Hansard
Supported the bill in its entirety, criticising the LNP for opposing midwife ratios.
“I rise to support the Health and Other Legislation Amendment Bill (No. 2) in its entirety, as it should be passed for the betterment of every living Queenslander.”— 2024-03-07View Hansard
Supported the midwife-to-patient ratio provisions but criticised the government for failing to deliver adequate health services to rural and regional women, arguing Queenslanders deserve better.
“Rural and regional women deserve so much better from this Labor government because they are denying them services.”— 2024-03-06View Hansard
Supported the bill and its reforms for women and girls, acknowledging the Minister for Health and the committee's work.
“I rise to speak on the Health and Other Legislation Amendment Bill (No. 2) 2023.”— 2024-03-07View Hansard
Spoke in support of the bill, criticising the LNP for refusing to support nurse-to-patient ratios and reproductive health access, and highlighting the government's investment in women's health.
“The LNP refused to support our nurse-to-patient ratios in 2016.”— 2024-03-06View Hansard
As Minister for Health, spoke in reply praising the landmark reforms for counting babies in midwife ratios and enhancing access to medical termination of pregnancy for rural and regional Queensland.
“I am so proud of the landmark reforms to count babies for calculating midwife-to-patient ratios.”— 2024-03-07View Hansard
Supported the bill and criticised the opposition for opposing ratios and reproductive health access, arguing the bill represents 21st century minimum standards of healthcare.
“We have seen the opposition oppose ratios once again. What do they not understand about the 21st century?”— 2024-03-06View Hansard
Opposed the bill due to the termination of pregnancy amendments, describing the government's agenda as progressive and dangerous, and arguing legislators should be trying to preserve life rather than take it away.
“We should be here trying to preserve life and provide opportunities for people to have life, not take it away.”— 2024-03-06View Hansard
▸In Detail19 Apr 2023 – 7 Mar 2024View Hansard
Opposition amendment relating to the termination of pregnancy provisions, seeking to modify the bill's approach to allowing nurses and midwives to perform medical terminations.
That the amendment be agreed to
Vote on an LNP amendment moved by Mr Powell during Consideration in Detail, relating to the termination of pregnancy provisions of the bill. The amendment was defeated 32-46, with LNP, one KAP member and one Independent voting in favour.
The motion was defeated.
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Ayes (32)
Noes (46)
Government amendment clarifying that for the interaction with the Medicines and Poisons Act, a medical termination can be performed by a registered nurse or midwife administering a termination drug under an extended practice authority where no prescription is issued.
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 whether clause 4 (which removed gendered language from the Termination of Pregnancy Act, replacing 'woman' with 'person') should remain in the bill. The ALP and Greens voted to retain the clause (46-31), with the LNP voting against.
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)
▸Third Reading19 Apr 2023 – 7 Mar 2024View Hansard
That the bill, as amended, be now read a third time
Party VoteFinal passage vote on the Health and Other Legislation Amendment Bill (No. 2) 2023. The bill was passed.
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.