Health and Other Legislation Amendment Bill 2016
Plain English Summary
Overview
This bill makes a set of changes across health, research and criminal law. It equalises Queensland's age of consent at 16 for all sexual activity, gives GPs access to hospital records through a system called The Viewer, streamlines research use of patient data, lets schools share student details with immunisation and dental providers, and frees QIMR Berghofer to pay research bonuses up to $10 million a year without Cabinet approval.
Who it affects
Young same-sex attracted Queenslanders, patients who see both GPs and hospitals, school students and their parents, medical researchers, and QIMR Berghofer staff are the main groups affected.
Equal age of consent
Queensland's Criminal Code previously set the age of consent for anal intercourse at 18, while all other sexual activity was 16. This bill standardises the age of consent at 16 for all sexual activity and replaces the word 'sodomy' with 'anal intercourse' across the Criminal Code.
- Age of consent is 16 for all sexual activity, matching most other Australian states
- Repeals the offence of unlawful sodomy (section 208 of the Criminal Code)
- Replaces the term 'sodomy' with 'anal intercourse' throughout the Criminal Code and 14 other Acts
GP access to hospital records
GPs will be able to log in to a Queensland Health system called The Viewer, which shows a patient's hospital admissions, discharge summaries, pathology and imaging results. New offences apply to stop GPs misusing the system.
- GPs get read-only access to The Viewer when treating a patient
- New offence of accessing patient information not needed for care, maximum penalty 600 penalty units
- New offence of disclosing confidential information unless allowed, maximum penalty 600 penalty units
- Activity in The Viewer is logged and audited; patients can direct that no GP can access their record
Research access to patient data
Researchers will no longer have to go through a separate Public Health Act application to access the information of an adult patient who cannot consent, if ethics approval and substitute consent are already in place. The definition of health information is also clarified to cover deceased people so that historical records can be studied.
- Hospital staff can share a patient's confidential information with approved researchers when the patient lacks capacity and a tribunal or substitute decision-maker has consented
- Clarifies that health information held by a health agency covers both living and deceased people
School immunisation and dental information sharing
Schools can disclose student and parent contact details to approved immunisation and dental program providers, so providers can follow up directly with families who haven't returned consent forms. Principals can refuse where disclosure isn't in the student's best interests.
- School principals must disclose requested student and parent details to approved school health program providers
- Principals can refuse disclosure for vulnerable students (eg children under a protection order)
- Privacy principles under the Information Privacy Act 2009 apply to private providers through their contracts
- Terminology updated from 'recognised immunisation provider' to 'recognised vaccination provider' to match the Commonwealth Australian Immunisation Register Act 2015
QIMR Berghofer research bonuses
The QIMR Berghofer Medical Research Institute can pay bonuses to successful discoverers or inventors without needing Governor in Council approval, up to a $10 million annual cap. Above that, Governor in Council approval is still required.
- QIMR Council can pay research bonuses directly, up to $10 million per financial year
- Bonuses can also be paid to former staff, including to the estates of deceased discoverers
- Governor in Council approval is still required above the $10 million annual cap
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee16 June 2016View Hansard
Referred to Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee
The Legal Affairs and Community Safety Committee examined the bill over approximately three months, receiving 21 submissions and holding a public hearing. The committee unanimously recommended the bill be passed, finding broad support for its key reforms including standardising the age of consent and enabling GP access to the Queensland Health database known as The Viewer. No dissenting views were recorded.
Key findings (5)
- Fourteen of twenty-one submissions addressed the Criminal Code amendments, with all but one supporting standardisation of the age of consent to 16 years for all forms of sexual intercourse
- Medical practitioners emphasised that the existing higher age of consent for anal intercourse was a barrier to young people seeking sexual health advice
- The Office of the Information Commissioner supported the policy intent of GP access to The Viewer but noted it would create a new privacy vulnerability, while endorsing the proposed privacy safeguards
- Independent Schools Queensland and the Queensland Catholic Education Commission raised concerns about the administrative burden of sharing student information for immunisation and dental programs
- The committee supported amendments to the QIMR Act allowing the institute to autonomously manage bonus payments to discoverers and inventors up to a $10 million annual cap
Recommendations (1)
- The committee recommends the Health and Other Legislation Amendment Bill 2016 be passed.
Committee report tabled
▸Second Reading15 Sept 2016View Hansard
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.
▸18 members spoke18 support
As Minister for Health, introduced and championed the bill, emphasising the removal of a longstanding source of discrimination by standardising the age of consent to 16 for all lawful sexual intercourse and replacing 'sodomy' with 'anal intercourse' in the Criminal Code.
“This bill removes a longstanding source of discrimination from Queensland's Criminal Code. If enacted, it will standardise the age of consent for all lawful sexual intercourse to the age of 16 years, removing the existing disparity between the legal age of consent for anal intercourse and other forms of sexual intercourse.”— 2016-09-15View Hansard
Announced LNP would not oppose the legislation but raised concerns that the Queensland Sexual Health Strategy is light on detail for education and support programs for the 16-17 year old cohort.
“The LNP will not be opposing this legislation. However, we do need certainty and clarity from the government as to how it will educate the 16- to 17-year-old cohort around these changes.”— 2016-09-15View Hansard
As committee chair, supported the bill which standardises the age of consent and provides GPs with access to the Viewer database, commending the committee's unanimous endorsement.
“This is good and just legislation. It will protect some of the most vulnerable in our society.”— 2016-09-15View Hansard
Supported the bill while raising concerns about sex education for young people and about researcher access to patients with impaired capacity; also raised concerns about vaccination presentations and the importance of respecting patient dignity.
“The bill amends the Criminal Code and three Health portfolio acts to support policy initiatives of the government and to improve the effective operation of the acts.”— 2016-09-15View Hansard
Supported the bill with particular focus on immunisation, discussing international comparisons with Cuba and the United States, and calling for an opt-out process for school immunisation instead of opt-in consent forms.
“I rise tonight to support the Health and Other Legislation Amendment Bill 2016.”— 2016-09-15View Hansard
Supported the bill, sharing personal experiences including her own whooping cough as an infant and her parents' experiences with the public hospital system, emphasising the value of GP Viewer access.
“I am proud to rise today to speak to this very important bill, the Health and Other Legislation Amendment Bill 2016.”— 2016-09-15View Hansard
As Attorney-General, supported the bill's age of consent amendments as a health issue rather than criminal law issue, and outlined the broader program of LGBTIQ law reform including civil partnerships, adoption, expunging historical convictions and reforming the gay panic defence.
“This bill removes a longstanding source of discrimination from Queensland's legislation by standardising the age of consent for sexual intercourse.”— 2016-09-15View Hansard
As deputy chair of the committee, supported the bill and all its amendments, calling for appropriate and properly funded education programs around safe sex practices.
“I rise to make a contribution to the Health and Other Legislation Amendment Bill 2016 and Report No. 38 of the Legal Affairs and Community Safety Committee.”— 2016-09-15View Hansard
Supported the bill's range of amendments, particularly highlighting GP Viewer access and standardising the age of consent to end discriminatory laws.
“This bill standardises the age of consent. It will bring an end to one of the state's most discriminatory laws.”— 2016-09-15View Hansard
Strongly supported the bill, framing it as removing stigma and discrimination against LGBTIQ Queenslanders, and criticising previous Newman government rollbacks of LGBTIQ rights.
“This is just one more form of gay discrimination that will be removed from the statutes in Queensland, following a long tradition from Labor at a state and federal level of delivering equality for LGBTIQ people.”— 2016-09-15View Hansard
Supported the bill, focusing on medical research aspects and citing the story of a Gaven constituent who lost her battle with bowel cancer after delayed diagnosis, emphasising the importance of streamlined research processes.
“I would always support any measures to improve the ability of funding for medical research and also for any framework that allows improvements to the medical and health care of Queenslanders.”— 2016-09-15View Hansard
Supported the bill as righting a wrong and removing legislation that has discriminated against the LGBTI community, emphasising the importance for young Queenslanders to feel comfortable accessing sexual health services.
“It is not controversial, it is not drastic; it is something that is well overdue. We are righting a wrong and removing legislation that has discriminated against LGBTI community members for far too long.”— 2016-09-15View Hansard
Strongly supported the equalisation of the age of consent laws as a right, not a privilege, having fought against discrimination her entire working life.
“It is not a special privilege for those in the LGBTI community to be treated equally under the law; it is a right.”— 2016-09-15View Hansard
Supported the bill as removing discrimination against the LGBTI community, framing it as an issue of values and treating everyone equally in Queensland.
“These laws are about the sort of people that we are, and that is why I am very proud to support this bill today.”— 2016-09-15View Hansard
As Minister for Innovation, supported the bill's amendments on QIMR bonuses and age of consent, sharing a personal story of a 17-year-old former student who was told his sexual activity was illegal when seeking health advice.
“I absolutely congratulate the Minister for Health and Ambulance Services for bringing this bill to the House, for taking the right steps and for conducting himself in a way that I think we can all be proud of.”— 2016-09-15View Hansard
Supported the bill, focusing on immunisation, dental care and medical research amendments, and sharing personal experiences including her grandfather's dementia.
“I rise to make a contribution to the Health and Other Legislation Amendment Bill.”— 2016-09-15View Hansard
As Deputy Premier, strongly supported the bill's age of consent reforms as essential for genuine equality before the law for the LGBTIQ community and for public health outcomes.
“Removing these laws is not just a symbolic change; it goes to the core of breaking down discriminatory attitudes and improving the sexual and mental health of the LGBTIQ community, particularly young men.”— 2016-09-15View Hansard
Supported the bill, specifically focusing on the amendments to improve School Immunisation Program consent and GP access to the Viewer database for better patient care.
“I rise to speak in support of the Health and Other Legislation Amendment Bill 2016.”— 2016-09-15View Hansard
▸In Detail15 Sept 2016View Hansard
▸1 clause vote (all passed)
That clauses 1 to 40, as read, stand part of the bill
Party VoteVote in consideration in detail to accept all clauses of the bill en bloc, resolved in the affirmative under standing order 106.
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.
Referenced Entities
Legislation
Organisations
Programs & Schemes
Sectors Affected
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