Health and Other Legislation Amendment Bill 2022
Plain English Summary
Overview
This bill amends eight health-related Acts to improve Queensland's health system. It strengthens protections for public health workers, modernises the Queensland Cancer Register to collect better data on cancer diagnosis and treatment, enables schools to share information with the children's vision screening program, and simplifies organ donation consent in private hospitals.
Who it affects
Public health workers gain new wellbeing protections, parents of prep students benefit from a more efficient vision screening program, cancer patients are indirectly helped through better data collection, and families facing organ donation decisions in private hospitals face a simpler and more compassionate process.
Health worker wellbeing
Hospital and Health Boards and Services must now proactively consider the health, safety and wellbeing of staff in public health facilities. Security officers are also explicitly prohibited from directing someone to leave a health facility if they need emergency medical treatment.
- Hospital and Health Services must have regard to promoting a culture and implementing measures to support staff wellbeing
- Hospital and Health Boards must consider staff wellbeing when controlling Services
- Security officers cannot direct a person to leave if they need emergency medical treatment to save their life or prevent serious impairment
Cancer Register modernisation
The Queensland Cancer Register's notification requirements are expanded to capture more comprehensive data. Diagnostic imaging practices become notifiers for the first time, pathology labs must report more follow-up results, and hospitals must notify every cancer treatment episode.
- Diagnostic imaging practices (CT, MRI, X-ray providers) must now notify cancer-related findings to the Queensland Cancer Register
- Pathology laboratories must report cancer-related follow-up examinations, not just initial diagnoses
- Hospitals must notify every cancer treatment episode, not just the first attendance in a calendar year
- Residential care facilities are removed as notifiers
Children's vision screening
Schools can now share student information with Queensland Health's vision screening program. This allows nurses to contact families directly about screening prep students for amblyopia (lazy eye), reducing administrative burden on school staff.
- Schools can share student information with the vision screening program, as they already do for dental and immunisation programs
- Vision screening nurses can contact families directly rather than relying on schools to follow up missing consent forms
- Parents can opt out by declining consent or asking the school not to share their child's information
Medicines and poisons regulation
Queensland Health can now share confidential medicines and poisons information more broadly for safety and compliance purposes, and disclose register information to the public when it is in the public interest.
- Confidential medicines and poisons information can be shared with Hospital and Health Services, the Veterinary Surgeons Board, and interstate law enforcement
- The chief executive can disclose register information to a person if it is in the public interest
- Fumigation and pest control activity definitions are clarified for pest management technicians
- The primary producer exemption for pesticide use is limited to commercial producers
Mental Health Review Tribunal
The MHRT can transition to electronic recording of proceedings, with appropriate restrictions on who can access sensitive records. Patients can also waive their right to a tribunal representative verbally.
- The MHRT can electronically record proceedings in line with contemporary court practices
- Access to records of MHRT proceedings is restricted to specific parties connected to the case
- Adults with capacity can waive their right to legal representation verbally, not just in writing
Organ donation and tissue supply
Consent processes for organ donation after death are aligned between public and private hospitals, and a duplicative approval process for accessing TGA-approved tissue products is removed.
- Next of kin in private hospitals can now give verbal consent for organ donation, as already allowed in public hospitals
- Doctors no longer need a separate Queensland Ministerial permit for tissue products already approved under the TGA's Special Access Scheme
Other changes
The bill also updates radiation safety offences and water fluoridation notification requirements.
- A radiation dose offence is moved from regulation to the Act with an increased penalty of 100 penalty units
- Low-risk radioactive material (such as bodily waste after radiotherapy) can be exempted from disposal requirements
- Water fluoridation decisions can be published in any publicly accessible way, not just in a print newspaper
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee23 Feb 2022View Hansard
Referred to Economics and Governance Committee
The Health and Environment Committee examined the Health and Other Legislation Amendment Bill 2022 and recommended it be passed, making five recommendations in total. The committee held public briefings and hearings in December 2022 and January 2023, receiving submissions from stakeholders including the Queensland Nurses and Midwives' Union. While broadly supportive of the bill's reforms across multiple health Acts, the committee made additional recommendations on staff wellbeing reporting, transparency around medicines information disclosure, Mental Health Review Tribunal resourcing, and prioritising skin cancer data collection. The government supported all recommendations.
Key findings (5)
- The bill amends five separate Acts covering hospital staff wellbeing, healthcare security powers, medicines and poisons regulation, mental health tribunal proceedings, cancer data collection, and school vision screening.
- The Queensland Nurses and Midwives' Union highlighted workplace violence, demanding workloads, moral distress and fatigue/burnout as key wellbeing issues for the public health workforce.
- The committee identified human rights considerations around security officers' powers to direct people to leave public health facilities, particularly the right to access health services without discrimination.
- Stakeholders called for all basal cell carcinomas and squamous cell carcinomas to be made notifiable cancers, given Queensland has the highest rate of skin cancer in Australia.
- The government response supported all five committee recommendations, either fully or in principle.
Recommendations (5)
- The committee recommends the Health and Other Legislation Amendment Bill 2022 be passed.
- The committee recommends that Hospital and Health Services and Hospital and Health Boards regularly report on their progress on supporting staff health, safety and wellbeing, at a minimum in their annual reports.
- The committee recommends that the Minister outline in her second reading speech the process for assessing any requests for disclosure of information on the administrative action register, as proposed by clause 13 of the Bill, and how the chief executive will determine whether it is in the public interest to disclose information.
- The committee recommends that resources for technical and/or administrative support be provided to the Mental Health Review Tribunal to make recordings and/or transcriptions of proceedings.
- The committee recommends that Queensland Health consider, as a priority, the inclusion of all basal cell carcinomas and squamous cell carcinomas as notifiable cancers in future amendments of the Public Health Regulation 2018.
Committee report tabled
▸Second Reading23 Feb 2022View Hansard
That the motion, as amended, be agreed to
Vote on the second reading of the Health and Other Legislation Amendment Bill 2021 as amended, to advance the bill to consideration in detail. The KAP and One Nation opposed the bill primarily due to the termination of pregnancy amendments allowing students to assist.
The motion passed.
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Ayes (49)
Noes (37)
▸22 members spoke21 support1 mixed
Supported the bill, particularly the changes to the Mental Health Review Tribunal recording framework, noting the new provisions enhance safeguards for privacy and confidentiality while removing barriers to electronic recording of proceedings.
“The new framework established by the bill allows for more flexibility for the recording of evidence and reporting of outcomes for tribunals, enhancing safeguards for privacy and confidentiality, and clarifying processes.”— 2023-04-19View Hansard
As Minister for Health, moved the second reading and outlined the bill's provisions to strengthen staff wellbeing protections, modernise the Queensland Cancer Register, support the Mental Health Review Tribunal's transition to electronic recording, and streamline organ donation consent processes.
“Making hospital and health services and hospital and health boards directly accountable for their staff's health and wellbeing in legislation is an important step towards creating healthier, more supportive work environments for healthcare workers.”— 2023-04-18View Hansard
Rose with LNP colleagues to not oppose the bill. Welcomed changes to staff wellbeing provisions but questioned whether they would address underlying causes of burnout and bullying. Also supported the cancer register, organ donation and vision screening amendments.
“The changes to the Hospital and Health Boards Act 2011 are well intentioned, but there are still concerns they will not address the underlying cause of widespread burnout, stress, fatigue and all of the other things our frontline health workers are going through every hour of every day.”— 2023-04-19View Hansard
As shadow health spokesperson, confirmed the LNP would not oppose the bill, acknowledging the provisions as well-intentioned and largely technical. However, argued the amendments do not address the root cause of frontline staff burnout, which she attributed to systemic failures in the health system including ambulance ramping and bed shortages.
“The root cause of the angst, the burnout and the fatigue felt by our frontline health staff is not borne from the fact that wellbeing protections did not previously exist. Their angst, burnout and fatigue are a result of the broken system in which they are working.”— 2023-04-18View Hansard
Supported the bill, highlighting the amendments to enshrine staff wellbeing in legislation, the vision screening program for prep students, and the modernisation of the Queensland Cancer Register.
“That is why this bill will amend the Hospital and Health Boards Act 2011 to enshrine in legislation that the physical and psychological health, safety and wellbeing of our public health workforce is appropriately prioritised.”— 2023-04-19View Hansard
As a committee member with 35 years of health sector experience, supported the bill and praised the staff wellbeing provisions and expanded cancer notification requirements. Highlighted the importance of security officer powers and the transition to electronic recording for the Mental Health Review Tribunal.
“I thank the minister for making this a priority for our hardworking, dedicated health professionals right across this state, particularly after their extraordinary work during the COVID pandemic and their ongoing work in an ageing and growing population.”— 2023-04-18View Hansard
Confirmed the LNP would support the legislation, acknowledging it is largely uncontroversial and principally technical in nature. Emphasised the need to eliminate bullying of junior doctors and supported the vision screening and organ donation amendments.
“This legislation is largely uncontroversial and principally technical in nature. Accordingly, the Liberal National Party will be supporting the passage of this legislation.”— 2023-04-19View Hansard
As a committee member, confirmed the LNP would not oppose the bill and made no dissenting report. However, questioned whether the staff wellbeing amendments were 'rules about rules' given existing workplace health and safety legislation, and highlighted Queensland Audit Office findings about significant workforce pressure including increased sick leave and overtime.
“Isn't this just another set of rules about rules? Shouldn't we just be getting on with looking after our staff?”— 2023-04-18View Hansard
Supported the bill, commending the government for ensuring health legislation is contemporary and effective, and highlighting the importance of the staff wellbeing amendments and cancer register modernisation.
“The Palaszczuk government is committed to ensuring that all Queenslanders have the highest quality public health care. This bill will have a positive impact on the health and wellbeing of the people of Queensland.”— 2023-04-19View Hansard
As a committee member, supported the bill and detailed its provisions across multiple acts including staff wellbeing amendments to the Hospital and Health Boards Act, cancer register modernisation under the Public Health Act, and the Mental Health Review Tribunal's transition to electronic recording.
“I want to take a moment to thank all of our workers in the HHSs and Queensland Health for everything that they do each and every day.”— 2023-04-18View Hansard
Supported the bill, commending the amendments to protect healthcare worker wellbeing and the move to electronic recording of Mental Health Review Tribunal proceedings, though expressed reservation about allowing exceptions to recording requirements.
“Complete, accurate and accessible records are fundamental in any legal proceedings, especially among those who may be affected by an impaired decision-making capacity.”— 2023-04-19View Hansard
Confirmed the LNP would not oppose the bill, noting the largely technical nature of amendments. Highlighted the fluoridation amendments as being of particular interest given his history as a dental surgeon who had introduced a private member's bill on fluoridation in 2004. Also noted the bill does not address systemic issues like ambulance ramping.
“As an opposition we are not opposed to seeing them implemented carefully and thoughtfully by the government.”— 2023-04-18View Hansard
Supported the bill with particular passion for the organ donation consent amendments that align private hospital consent processes with public hospitals, making it easier for families to provide verbal consent at a distressing time.
“Under the Transplantation and Anatomy Act 1979, a next of kin is required to consent to the removal of tissue from a deceased person, even if that person had registered for organ donation in their lifetime.”— 2023-04-19View Hansard
Supported the bill as making important amendments to deliver better protections for healthcare workers and modernise health data collection. Defended the need for legislative requirements for worker safety against the suggestion they were unnecessary 'rules about rules'.
“Unlike the member for Southport, whose wonderings I always enjoy, we think that rules about rules are important at times and that, in fact, we need rules to ensure the safety of our health workers.”— 2023-04-18View Hansard
Confirmed the LNP would not oppose the legislation. Focused on staff wellbeing amendments and raised serious concerns about toxic culture and bullying at Caboolture Hospital, hoping the amendments would help address such issues.
“It is my hope that the amendments we make in this bill around staff wellbeing will go a long way to addressing what we saw unfolding at Caboolture Hospital.”— 2023-04-19View Hansard
Supported the bill, highlighting the staff wellbeing amendments, the vision screening program amendments, and the security officer clarifications. Praised the Central Queensland Hospital and Health Service leadership.
“This bill ensures that the HHS's obligations to prioritise the safety and wellbeing of their workforce are clear.”— 2023-04-19View Hansard
Supported the bill and its staff wellbeing amendments. Used his contribution to advocate for permanent doctors for Blackall and the Central West, and queried whether the amended primary producer definition for fumigation would create additional red tape for grain handlers.
“No-one in this House could deny that. We need to do that. We need to make sure that our health workforce—whether they be doctors, nurses, administrators or security staff—are protected and looked after.”— 2023-04-19View Hansard
Supported the bill, emphasising the importance of valuing health workers and the wellbeing activities the bill would introduce, including check-ins, peer support programs and flexible work arrangements.
“We should never forget the work stresses that hospital workers went through in the last few years of COVID-19.”— 2023-04-19View Hansard
Confirmed the LNP would not oppose the bill. Raised concerns about inadequate doctor coverage at Boonah, Esk and Laidley hospitals and ambulance ramping at Ipswich Hospital as key staff wellbeing issues that this bill alone cannot fix.
“Looking after the health, wellbeing and security of our health workers is something that we should all take very seriously.”— 2023-04-19View Hansard
Supported the bill, focusing on the vision screening program and the cancer register modernisation. Shared a personal story about her father's battle with bowel cancer and thanked the Mackay Base Hospital oncology team.
“In January this year, my father lost his battle with bowel cancer. It is not a battle that I want to see any other families face.”— 2023-04-19View Hansard
Acknowledged the bill's measures are mostly beneficial but criticised the government for legislating hospital boards to consider worker wellbeing while systemically failing to address chronic underfunding, understaffing, dangerous workloads, insecure employment and falling real wages in the health system.
“What I find striking is that this government can legislate a requirement for hospital and health boards to consider the wellbeing of healthcare workers while, at a systemic level, failing to do so themselves.”— 2023-04-19View Hansard
Replied to the debate as sponsoring minister, addressing specific points raised by members about primary producer definitions, cancer register notification technology, Mental Health Review Tribunal recording, and defending the government's health workforce investment record.
“This bill will build our knowledge about the impacts of cancer and inform efforts to address the burden of cancer; it will alleviate the administrative burden on school and health staff involved in the vision screening program.”— 2023-04-19View Hansard
▸In Detail24 Feb 2022View Hansard
That the amendment be agreed to
Vote on the government's amendments to the Health and Other Legislation Amendment Bill 2021, including provisions enabling involuntary mental health patients from Norfolk Island to be transferred to Queensland for treatment under the Queensland Mental Health Act.
The motion passed.
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Ayes (49)
Noes (37)
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