Health Legislation Amendment Bill (No. 3) 2025
Plain English Summary
Overview
This bill amends eight Queensland health laws to fix practical problems with fertility clinic regulation, strengthen the government's power to remove health board members, introduce mandatory cosmetic surgery standards for private hospitals, and create a legal framework for organ donation procedures before a donor's death. It also streamlines private hospital data sharing and updates disease notification requirements.
Who it affects
People using IVF and fertility services gain more flexibility when strict rules would cause hardship. People waiting for organ transplants may benefit from increased donation opportunities. Patients undergoing cosmetic surgery at private hospitals will be protected by new national safety standards. Health board members across several bodies can now be removed without grounds.
Fertility clinic regulation
Fixes practical issues with Queensland's new Assisted Reproductive Technology Act 2024, which regulates fertility clinics for the first time. Introduces flexibility so the chief executive of Queensland Health can approve treatment on a case-by-case basis where strict rules would cause hardship, and better recognises diverse family structures including same-sex couples and surrogacy arrangements.
- Chief executive can approve use of donor material beyond the 10-family limit or 15-year time limit in cases of hardship
- Chief executive can approve treatment where not all donor contact information has been collected, preventing families from being blocked by missing details like an email address
- Transitional provisions extended to recognise same-sex couples, surrogates, and spouses of people who started fertility treatment before the Act commenced
- Inspector powers broadened to monitor clinic compliance, investigate serious adverse events, and compel information
- RTAC accreditation references replaced with a flexible prescribed accreditation framework, ahead of the Australian Commission on Safety and Quality in Health Care taking over accreditation from January 2027
Health board governance
Allows the Governor in Council to remove board members and chief executives of Hospital and Health Boards, Health and Wellbeing Queensland, the Pharmacy Business Ownership Council, and Hospital Foundation Boards for any reason or no reason. This applies to people already in these roles.
- Board members and CEOs of four health bodies can be removed without grounds by the Governor in Council
- Removal power applies retrospectively to current appointees
- Disqualification criteria standardised across all four Acts (insolvency, corporate management bans, indictable offences)
- Minister given power to appoint acting members when vacancies arise
Cosmetic surgery safety
Clarifies that private hospitals performing cosmetic surgery can be required by regulation to comply with the National Safety and Quality Cosmetic Surgery Standards, developed after Health Ministers agreed in 2022 to strengthen national regulation following high-profile failures.
- Private health facilities performing cosmetic surgery must comply with new national Cosmetic Surgery Standards in addition to existing health service standards
- The definition of what constitutes cosmetic surgery for these standards will be set by future regulation after stakeholder consultation
Organ donation
Creates a clear legal framework for consent to ante-mortem interventions — procedures carried out on a potential organ donor before their death to maintain organ viability. This addresses a gap in the law for organ donation after circulatory death, where organs deteriorate rapidly once life-sustaining measures are withdrawn.
- Next of kin can now consent to ante-mortem interventions (such as medication to prevent blood clots or imaging) on a potential organ donor, after a lawful decision to withdraw life-sustaining measures has been made
- Blood tests for donor suitability are treated separately and can proceed with next-of-kin consent alone, without requiring additional written authorisation from a designated officer
- Adults with capacity can consent to ante-mortem interventions themselves
- Brings Queensland in line with New South Wales and Victoria, which already have similar frameworks
Private hospital data sharing and disease notification
Streamlines sharing of private hospital data with Queensland Government entities and updates occupational respiratory disease notification references to reflect the planned establishment of the Australian Centre for Disease Control.
- Private hospital data can be shared with Queensland Government entities under agreements prescribed by regulation, rather than requiring individual chief executive approval each time
- Occupational respiratory disease notifications updated to reflect transfer of the national registry to the Australian Centre for Disease Control
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee14 Oct 2025View Hansard
Referred to Health, Environment and Innovation Committee
5 members · Chair: Robert Molhoek
The Health, Environment and Innovation Committee received a referral for the Health Legislation Amendment Bill (No. 3) 2025. No committee report text or recommendations specific to this bill are available in the database. The bill has since passed the Legislative Assembly.
Committee report tabled
▸Second Reading9 Dec 2025View Hansard
▸10 members spoke6 support4 mixed
As Minister for Health, moved the second reading and delivered the reply. Outlined five key reform areas: ART regulation, organ donation consent, cosmetic surgery standards, governance of statutory office holders, and occupational disease reporting.
“The Crisafulli government is committed to ensuring Queensland's health legislation is fit for purpose and can respond appropriately to the needs of our communities.”— 2025-12-09View Hansard
Stated Labor would support most elements of the bill but criticised the government for splitting reforms across three separate amendment bills and expressed concerns about the governance provisions allowing removal of board members without cause.
“The Labor opposition will be supporting most elements of this bill.”— 2025-12-09View Hansard
Supported the bill, praising the health minister's reform agenda and highlighting the key amendments to ART regulation, cosmetic surgery and organ donation.
“What we have seen is the health minister coming in and having to deal with a decade of decline. That has required a lot of well-thought-out action, just like this legislation with important, well-thought-out amendments.”— 2025-12-09View Hansard
Supported ART, organ donation and cosmetic surgery amendments but strongly opposed provisions allowing removal of health board members without cause, arguing it undermines transparency and accountability.
“This bill hands the government a blank cheque to itself to give it the option to sack health leaders on boards for any reason or none and hope that nobody notices.”— 2025-12-09View Hansard
Supported the bill, highlighting the importance of ART reforms for families in Redcliffe and praising the flexibility introduced around donor contact information and case-by-case approvals.
“This bill represents a practical, thoughtful and community centred set of amendments across Queensland's health portfolio—changes that will make a real difference in the lives of Queenslanders.”— 2025-12-09View Hansard
Stated Labor supports amendments to ART, organ donation and cosmetic surgery regulation but expressed serious concerns about provisions allowing removal of health board members for any or no reason.
“We support these changes because Labor will always back safe, equitable access to health care for all Queenslanders.”— 2025-12-09View Hansard
Supported the bill including the governance provisions, arguing Labor's criticism was hypocritical given they passed 11 of 21 pieces of legislation with similar no-cause removal provisions.
“I note the breathtaking hypocrisy from the opposition as they sanctimoniously lecture us about these proposed changes.”— 2025-12-09View Hansard
Supported ART, organ donation and cosmetic surgery amendments but expressed serious concerns about health board member removal provisions. Criticised the government's record on evidence-based health policy.
“Those same speakers have also voiced our serious concerns with the amendments that allow for the removal of health board members for no reason.”— 2025-12-09View Hansard
Supported the bill, highlighting the organ donation amendments as vital for resolving legal uncertainty around ante-mortem interventions and the cosmetic surgery standards for patient safety.
“Good health policy is built on evidence, ethics and empathy, and all three of these principles are reflected in the legislation before the House today.”— 2025-12-09View Hansard
Supported the bill as representative of the government's commitment to contemporary health laws. Praised amendments fixing ART regulation rigidity, organ donation consent clarity, and cosmetic surgery oversight.
“It modernises and clarifies our laws around assisted reproductive technology, strengthens pathways to enable life-saving organ donations, improves patient safety in cosmetic surgery and reinforces the integrity of health leadership.”— 2025-12-09View Hansard