Health Legislation Amendment Bill 2025

Introduced: 14/3/2025By: Hon T Nicholls MPStatus: PASSED with amendment
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Plain English Summary

This is an omnibus bill covering multiple policy areas.

Overview

This bill puts frontline health workers on hospital boards and cracks down on illegal vaping. It requires each Hospital and Health Board to include at least one doctor, nurse or allied health professional who actually works at that hospital, delivering on a 2024 election commitment. It also allows Queensland Health to immediately destroy seized vaping products instead of storing them for weeks, and lets courts make convicted sellers pay enforcement costs.

Who it affects

Hospital patients may benefit from clinical voices in governance decisions. Illegal vape retailers face faster seizure and destruction of products and can be ordered to pay the government's investigation, storage and destruction costs.

Hospital governance

Each Hospital and Health Board must now include at least one clinician who works at that health service. This delivers on the government's 2024 election commitment to put frontline staff back in charge of hospitals. The clinician must be a registered health practitioner, work at least 8 hours per week, and have at least 2 years experience at that service. They cannot be appointed as Chair or Deputy Chair.

  • At least one board member must be a clinician employed by that hospital or health service
  • The clinician board member cannot serve as Chair or Deputy Chair
  • Board members can be removed if they stop working as a clinician at that service
  • Takes effect 1 April 2026 to allow time for recruitment

Vaping and tobacco enforcement

Queensland Health can now immediately destroy seized vaping goods without the usual 28-day show cause period. Vaping products contain lithium-ion batteries that pose fire and explosion risks, and Queensland Health's storage facilities are near capacity. Courts can also order convicted offenders to pay the State's enforcement costs for any tobacco or vaping offence.

  • Seized vaping goods can be forfeited and destroyed immediately without a show cause notice
  • Courts can order convicted offenders to pay the State's costs for testing, storing, destroying and investigating seized products
  • Cost recovery applies to all tobacco and vaping offences, not just vaping
  • Compensation remains available through the courts if goods are wrongly seized
  • Show cause notices for licence cancellations must now specify all grounds, not just disciplinary grounds

Bill Story

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

Introduced14 Mar 2025View Hansard
First Reading14 Mar 2025View Hansard
Committee14 Mar 2025View Hansard

Referred to Health, Environment and Innovation Committee

5 members · Chair: Robert Molhoek
Committee Findings
Recommended passage

The Health, Environment and Innovation Committee examined the bill, receiving 12 submissions and holding a public hearing. The committee recommended the bill be passed. The bill requires at least one member of each Hospital and Health Board to be a clinician employed by the relevant Hospital and Health Service, and amends the Tobacco and Other Smoking Products Act to allow expedited forfeiture and destruction of seized vaping goods and cost recovery from convicted offenders. Labor and Greens members filed a statement of reservation raising concerns about conflicts of interest and vaping waste disposal.

Key findings (5)
  • Stakeholders strongly supported requiring a frontline clinician on each Hospital and Health Board to ensure decisions are informed by direct patient care experience
  • The Queensland Integrity Commissioner advised that conflicts of interest from appointing HHS employees to their own board could be complex to manage but existing statutory disclosure requirements are adequate
  • Since October 2024, Queensland Health has seized over 150,000 illicit vapes worth more than $5 million, creating unsustainable storage challenges due to fire hazards and hazardous materials
  • The committee carefully analysed the removal of the show cause process for vaping goods forfeiture, finding it justified given the safety risks and the ease of identifying illicit vaping products
  • Submitters raised concerns about the classification of vaping products as pharmaceutical waste and the lack of a safe disposal pathway in Queensland
Recommendations (1)
  • The committee recommends that the Bill be passed.
Dissenting views: Labor deputy chair Joe Kelly and Greens member Barbara O'Shea filed a statement of reservation. They questioned whether appointing clinicians from within the same HHS was the best approach, noting the Integrity Commissioner's advice that less complex alternatives could achieve the same ends. They called for a review clause to be added to the bill. They also raised concerns about inadequate disposal infrastructure for vaping products, noting an estimated 12,000 fires from incorrectly disposed batteries and calling for consultation between Queensland Health and the environment department on proper waste classification.
AI-generated summary — may contain errors
Committee Report2 May 2025

Committee report tabled

Second Reading12 June 2025View Hansard
17 members spoke9 support8 mixed
12.01 pmHon. TJ NICHOLLSSupports

As minister, introduced the bill delivering on the election commitment to put frontline clinicians on hospital boards and strengthen enforcement against illegal vaping products.

This bill delivers pragmatic, considered reforms to support stronger governance and improved public health outcomes.2025-06-12View Hansard
12.10 pmHon. MC BAILEYMixed

As shadow minister, supported the vaping enforcement measures but opposed Part 2 (hospital board amendments), arguing they create governance conflicts of interest and are political posturing rather than genuine reform. Announced Labor would vote to pass the bill except for Part 2.

We will vote to pass the bill, except for the amendments contained in part 2. We do not have an objection to the late amendments from the minister, but the government should go back to the drawing board.2025-06-12View Hansard
12.24 pmMr MOLHOEKSupports

As committee chair, supported both components of the bill. Noted the Integrity Commissioner advised no concerns with conflict management and highlighted the vaping crisis among Queensland students.

Between 2017 and 2023, the rate of vaping amongst Queensland high school students has tripled—tripled—and we know from the Cancer Council that young people who vape are 29 times more likely to start smoking traditional cigarettes.2025-06-12View Hansard
12.32 pmMr J KELLYMixed

Opposed Part 2 as a former nurse, arguing clinicians are already in charge of hospitals and the bill creates unnecessary governance conflicts. Supported the vaping enforcement measures.

I want to categorically reject this notion that nurses and doctors are not in charge of hospitals. It is a cheap political statement.2025-06-12View Hansard
Mr CRANDONSupports

Supported both components of the bill, emphasising the importance of frontline clinician representation on hospital boards and the need to crack down on illegal vaping.

This legislation makes amendments to two key pieces of health law... These are smart, targeted changes that respond to genuine frontline feedback and deliver practical outcomes for Queenslanders.2025-06-12View Hansard
4.41 pmMrs YOUNGSupports

Supported the bill, drawing on personal experience of an aunt who worked as a nurse for over 25 years. Backed both the clinician board appointment reforms and the vaping enforcement measures.

Under the amendments to the Hospital and Health Boards Act, every hospital and health board in Queensland will include at least one frontline clinician, someone actively working in direct patient care.2025-06-12View Hansard
4.46 pmMs HOWARDMixed

Supported the vaping enforcement measures but opposed Part 2, citing the Integrity Commissioner's concerns about governance conflicts. Argued the amendment does not deliver real-world benefits for patient outcomes.

In the overall scheme of things, this amendment does not deliver any real-world benefits when it comes to patient outcomes. It does not reduce elective surgery wait times or emergency wait times.2025-06-12View Hansard
4.55 pmMrs KIRKLANDSupports

Supported the bill, emphasising the need for frontline clinician voices on boards particularly in regional areas and highlighting the vaping enforcement results in Rockhampton.

During my campaign I spoke with countless hospital practitioners who expressed frustration at the disconnect between board and executive decisions and the realities of frontline health care.2025-06-12View Hansard
5.01 pmMs PUGHMixed

Strongly supported the vaping enforcement measures, comparing vapes to cane toads as a solution that became its own problem. Noted concerns with other aspects of the bill but focused on vaping.

In more ways than one, vapes are a bit like cane toads. We all know that cane toads were introduced to Queensland to rid us of the terrible problem of cane beetles. How did that go?2025-06-12View Hansard
5.11 pmMr BAROUNISSupports

Supported the bill, praising the performance of Maryborough Hospital staff and backing the clinician board appointment and vaping enforcement measures.

This is a practical, meaningful reform. It ensures people who understand the system from the inside are shaping the services their communities rely on.2025-06-12View Hansard
6.00 pmMr G KELLYSupports

Supported the bill as a regional member, highlighting the challenges of small hospitals like Sarina (21 beds) and Mount Morgan (9 beds) and the need for local voices on boards.

Those who work on the front line know our health system better than anyone: they live it every day. They see the challenges firsthand.2025-06-12View Hansard
6.06 pmHon. LM ENOCHMixed

Opposed Part 2 as a lazy election commitment that creates governance conflicts highlighted by the Integrity Commissioner. Supported the vaping enforcement measures, drawing on personal experience of her father's lung cancer from heavy smoking.

If the Integrity Commissioner is questioning the legitimacy and ethical standards of these amendments then how can the Crisafulli government move in good faith to proceed with this bill?2025-06-12View Hansard
6.17 pmHon. RM BATESSupports

Supported the bill, highlighting her years of advocacy against illegal chop-chop shops in Mudgeeraba and the immediate impact of the government's enforcement actions.

Since the Crisafulli LNP government was elected, Queensland Health has seized more than 250,000 vapes, with Queensland Health spearheading the largest seizure of illegal cigarettes and vapes by any health authority in Australia.2025-06-12View Hansard
6.20 pmHon. MC de BRENNIMixed

Supported the vaping enforcement measures but opposed Part 2 as a political stunt, arguing boards already have clinicians under section 23(3) and the bill creates serious conflict of interest risks.

Under the current law, boards already have clinicians. Section 23(3) of the act requires it... In fact, 13 out of the 16 hospital and health services already have clinicians in some of the most senior positions.2025-06-12View Hansard
6.26 pmMr HEADSupports

Supported the bill, highlighting the alarming vaping statistics and enforcement results. Shared stories of legitimate businesses in Callide impacted by illegal vape and tobacco trade.

I have been contacted by many businesses across the electorate of Callide that are legitimate businesses... These businesses and law-abiding citizens have been heavily impacted by this illegal trade.2025-06-12View Hansard
7.33 pmMr SMITHMixed

Supported the vaping enforcement measures but opposed Part 2. Rebutted government claims about removing clinical experience, arguing the amendments create governance complications.

The best way to ensure that people of experience can remain in the health system is to ensure that they have a place there—that they have the full-time jobs to provide that service.2025-06-12View Hansard

Supported vaping enforcement but opposed Part 2 as a kneejerk reaction and political stunt. Cited the Integrity Commissioner's concerns about conflicts of interest and argued the existing act already requires clinician board members.

The opposition supports certain parts of this bill, particularly the measures aimed at combatting illegal vaping... Unfortunately, we cannot support part 2 of the bill, which amends the composition requirements of hospital and health boards.2025-06-12View Hansard
In Detail11 June 2025 – 12 June 2025View Hansard
Government amendmentPassed

Government amendment inserting a new Part 2A amending the Pharmacy Business Ownership Act 2024 to clarify employment terms and conditions for staff transferring from Queensland Health to the newly established Queensland Pharmacy Business Ownership Council, preserving their entitlements.

Moved by Mr NICHOLLS
1 clause vote (all passed)

That clauses 3 to 8, as read, stand part of the bill

Vote on whether to retain Part 2 of the bill, which requires at least one hospital and health board member to be an employee clinician of the HHS. The ALP opposed these clauses arguing they created governance conflicts of interest while existing law already required clinicians on boards. The LNP voted in favour to deliver their election commitment.

Passed47 ayes – 30 noes2025-06-12

The motion passed.

Show individual votes

Ayes (47)

B. James(Liberal National Party)
Baillie(Liberal National Party)
Barounis(Liberal National Party)
Bates(Liberal National Party)
Bennett(Liberal National Party)
Boothman(Liberal National Party)
Camm(Liberal National Party)
Crandon(Liberal National Party)
Crisafulli(Liberal National Party)
Dalton(Liberal National Party)
Dillon(Liberal National Party)
Doolan(Liberal National Party)
Dooley(Liberal National Party)
Field(Liberal National Party)
Frecklington(Liberal National Party)
G. Kelly(Liberal National Party)
Gerber(Liberal National Party)
Head(Liberal National Party)
Hunt(Liberal National Party)
Hutton(Liberal National Party)
Janetzki(Liberal National Party)
Kempton(Liberal National Party)
Kirkland(Liberal National Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Lee(Liberal National Party)
Mander(Liberal National Party)
Marr(Liberal National Party)
McDonald(Liberal National Party)
Mickelberg(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Morton(Liberal National Party)
Nicholls(Liberal National Party)
O’Connor(Liberal National Party)
Poole(Liberal National Party)
Powell(Liberal National Party)
Purdie(Liberal National Party)
Rowan(Liberal National Party)
Simpson(Liberal National Party)
Stevens(Liberal National Party)
T. James(Liberal National Party)
Vorster(Liberal National Party)
Watts(Liberal National Party)
Young(Liberal National Party)

Noes (30)

Asif(Australian Labor Party)
Bailey(Australian Labor Party)
Bourne(Australian Labor Party)
Boyd(Australian Labor Party)
Butcher(Australian Labor Party)
Dick(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Grace(Australian Labor Party)
Howard(Australian Labor Party)
J. Kelly(Australian Labor Party)
Linard(Australian Labor Party)
Martin(Australian Labor Party)
McCallum(Australian Labor Party)
McMillan(Australian Labor Party)
Mellish(Australian Labor Party)
Miles(Australian Labor Party)
Mullen(Australian Labor Party)
Nightingale(Australian Labor Party)
O’Shea(Australian Labor Party)
Pease(Australian Labor Party)
Power(Australian Labor Party)
Pugh(Australian Labor Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
Scanlon(Australian Labor Party)
Smith(Australian Labor Party)
Whiting(Australian Labor Party)
de Brenni(Australian Labor Party)
Third Reading12 June 2025View Hansard
Royal Assent — Act 13 of 202516 June 2025