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 Journey
Committee report tabled
Referenced Entities
Legislation
Organisations
Programs & Schemes
Sectors Affected
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