Health Legislation Amendment Bill 2015
Plain English Summary
Overview
This bill changes six Queensland health laws at once. Its main change is a new menu labelling scheme that requires large fast-food chains, cafe and bakery chains and supermarkets to show kilojoule information on their menus. It also lets health authorities publicly name unsafe food businesses, makes it easier to fill temporary vacancies on health boards, gives registered midwives direct access to the Pap Smear Register, and clarifies that cord blood can be donated to stem-cell registries.
Who it affects
Everyone who eats at large food chains or buys ready-to-eat food at supermarkets will see kilojoule labels, while those businesses face penalties if they do not comply. Patients, midwives, cord blood donors, and anyone affected by a food safety incident also benefit from the changes.
Fast-food menu labelling
Large fast-food, snack, drink, bakery and cafe chains, and supermarkets will have to display the kilojoule content of standardised menu items. Businesses get a 12-month transition before penalties apply.
- Chains must display average kilojoules next to standardised menu items, both in-store and online
- A statement of average adult daily energy intake (8,700 kJ) must also appear to help comparison
- Maximum penalty of 500 penalty units for deliberate breaches and 100 penalty units otherwise
- Smaller outlets that voluntarily display nutrition info must follow the same rules for consistency
Public food safety warnings
The chief executive of Queensland Health will be able to authorise the release of confidential business information when needed to warn the public about a serious health risk, such as contaminated eggs.
- Confidential info can be released if necessary to prevent or reduce a serious danger to public health
- The power sits with the chief executive and can only be delegated to the chief health officer
- Examples include naming unsafe brands, pack sizes, businesses and locations
Temporary appointments to health boards and tribunal panels
The Minister will be able to temporarily appoint Hospital and Health Board members and public panel assessors when urgent gaps arise, without waiting for the usual Governor in Council process.
- Minister can appoint Hospital and Health Board members for up to six months, extendable once to a maximum of 12 months
- Minister can appoint public panel assessors at QCAT for up to six months when no suitable members are available
- Temporary appointees must meet the same qualifications as permanent ones
Midwife access to Pap Smear Register and pest management delegations
Registered midwives who are not also registered nurses gain direct access to the Queensland Pap Smear Register. The chief executive can also delegate Pest Management Act powers to Hospital and Health Service staff.
- Registered midwives are added to the definition of health practitioner for the Pap Smear Register
- Pest Management Act delegations can now go to Hospital and Health Service employees
Cord blood donation
The bill clarifies that cord blood is not a blood product, removing a legal ambiguity that was blocking the Australian Bone Marrow Donor Registry from being exempted from the ban on trading human tissue.
- Cord blood is explicitly excluded from the definition of blood products in the Transplantation and Anatomy Act
- This clears the way for the ABMDR to trade in cord blood stem cells used to treat leukaemia, lymphoma and other conditions
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Health and Ambulance Services Committee
Committee report tabled
▸Second Reading25 Feb 2016View Hansard
Vote on a motion
A procedural vote that occurred during the sitting but is not directly visible in the debate transcript for this bill section. The tied 43-43 vote was resolved in the negative under standing orders.
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (43)
Noes (43)
▸16 members spoke11 support5 mixed
Supported the menu labelling scheme and amendments to the Public Health Act and Transplantation and Anatomy Act, but expressed significant concerns about clause 18 giving the minister power to temporarily appoint hospital and health board members.
“Like other LNP members of the former Health and Ambulance Services Committee, I do have significant concerns and reservations about clause 18 of the bill which proposes to insert a new section 24A into the Hospital and Health Boards Act which will enable the health minister of Queensland to temporarily appoint an individual to a hospital and health board for a period of up to six months.”— 2016-03-15View Hansard
As minister, moved the second reading and defended all aspects of the bill, emphasising the menu labelling scheme as a key election commitment and explaining that temporary appointment provisions were a departmental initiative to address board vacancies.
“I did not ask for the department to prepare this proposal; it came to me as it should. As all public servants should do when they see a gap in the law and they see a problem, they should make proper recommendations to ministers.”— 2016-02-25View Hansard
Strongly supported the bill, particularly the menu labelling provisions as a way to empower consumers and the temporary appointment provisions for hospital and health boards to ensure effective governance.
“Good information will drive this change and that will only have extremely good benefits for our entire healthcare system.”— 2016-03-15View Hansard
Supported the Food Act menu labelling amendments but strongly opposed amendments to the Hospital and Health Boards Act and Health Ombudsman Act, arguing they would centralise power in George Street at the expense of local hospital boards.
“Under no circumstances will we be supporting that portion of the bill.”— 2016-02-25View Hansard
Supported the bill, highlighting the menu labelling scheme's role in addressing obesity rates among Queensland adults and the 12-month transitional period for businesses.
“Shockingly, more than half of Queensland's population is overweight, that is, 2.3 million or close to 65 per cent of Queensland adults are overweight. That is a terribly sobering thought.”— 2016-03-15View Hansard
Supported the bill as a committee member, defending the temporary board appointment provisions as practical and departmental in origin, and emphasising the importance of the menu labelling scheme to address Queensland's obesity crisis.
“The idea of having temporary appointments was that (a) you need someone on the board to undertake a clinical role; and (b) vacancies come up from time to time. Boards cannot operate without the positions being filled.”— 2016-02-25View Hansard
Acknowledged benefits of food labelling information for consumers but urged caution on temporary board appointments, warning it could be used to take power away from local boards and repatriate it to the health bureaucracy.
“I urge him to clarify how the temporary appointments will work. As I said, terrific advancements have been made and we want to ensure that they continue at a local level through our hospital and health service boards.”— 2016-03-15View Hansard
Supported the Food Act and other non-controversial amendments but strongly opposed the Health Ombudsman and Hospital and Health Boards amendments, characterising them as a sneaky power grab by the minister to hire and fire board members without oversight.
“The Minister for Health, without any degree of oversight, without any degree of transparency and without any degree of accountability, will now have the ability to pick and choose, as he sees fit, who serves on the independent boards of our hospitals.”— 2016-02-25View Hansard
Strongly supported the bill, drawing on her experience running the secretariat for the premier's obesity task force and arguing that government must be proactive on population-level health issues.
“This is about a population level issue, and we are responsible to look after people.”— 2016-03-15View Hansard
Supported the bill as committee chair, providing detailed examination of all provisions including the menu labelling scheme, pap smear register access for midwives, cord blood trading exemption, and temporary board appointment provisions.
“We simply cannot afford not to find new and additional ways to encourage and assist consumers to make better informed and healthier choices.”— 2016-02-25View Hansard
Supported the bill, focusing on the importance of the Transplantation and Anatomy Act amendment to clarify that cord blood is not a blood product, enabling its use in treating leukaemia and other conditions.
“Stem cells are particularly effective for treating certain types of acute leukaemia.”— 2016-03-15View Hansard
Supported Food Act, Pest Management Act, Public Health Act and Transplantation and Anatomy Act amendments but opposed Health Ombudsman Act and Hospital and Health Boards Act amendments over concerns about lack of transparency in temporary appointment processes.
“These so-called temporary appointments would be for a period of up to 12 months—that is, six months plus an extension of six months. It is an absolute farce.”— 2016-02-25View Hansard
Supported the bill, noting the high number of fast-food outlets in Gladstone and emphasising the food safety disclosure provisions that would allow Queensland Health to warn the public about contaminated food products.
“Queenslanders have the right to be fully informed when it comes to food safety.”— 2016-03-15View Hansard
Supported the bill, drawing on her personal experience with dietary choices and emphasising the importance of providing consumers with nutritional information to make informed food choices.
“It is time that we as a state take responsibility for what we put in our mouths.”— 2016-03-15View Hansard
Supported the bill's menu labelling scheme, noting 90 per cent support in Heart Foundation surveys for kilojoule labelling and encouraging healthier fast-food choices.
“It is probably more convenient to make planned choices, shop around and make healthier choices around what this bill will provide: people making a choice based on the kilojoule numbers and the type of food they are purchasing.”— 2016-03-15View Hansard
As minister, defended all aspects of the bill in reply, rebutting LNP claims about temporary appointment powers and emphasising bipartisan support for menu labelling while criticising the opposition's objections to governance amendments as historically inconsistent.
“Hospital and health boards exist today because of Labor. We would not be having a debate about these amendments today without Labor creating hospital and health service boards in the first place.”— 2016-03-15View Hansard
▸In Detail25 Feb 2016 – 15 Mar 2016View Hansard
Amendment to clause 13 inserting subsection (4) into new section 118A of the Health Ombudsman Act requiring the minister to publish notice of temporary appointments to the public panel of assessors in the gazette.
That the amendment be agreed to
Vote on the minister's amendment to clause 13 requiring temporary appointments to the public panel of assessors under the Health Ombudsman Act to be published in the gazette. LNP opposed the entire clause, not just the amendment.
The motion passed.
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Ayes (43)
Noes (41)
Amendments 2 and 3 to clause 14 amending section 119 of the Health Ombudsman Act requiring the minister to publish notice of temporary appointments to professional panels of assessors in the gazette.
Amendment to clause 18 inserting subsection (5) into new section 24A of the Hospital and Health Boards Act requiring the minister to publish notice of temporary appointments to hospital and health boards in the gazette.
That clause 13, as amended, be agreed to
Vote on whether to include clause 13 allowing the minister to temporarily appoint members to the public panel of assessors under the Health Ombudsman Act. LNP opposed this as giving the minister unfettered appointment power.
The motion passed.
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Ayes (43)
Noes (41)
That clause 18, as amended, be agreed to
Vote on clause 18 inserting a new section 24A to allow the minister to temporarily appoint hospital and health board members when the board lacks sufficient members, skills, or a clinician. LNP opposed this as giving unfettered appointment power.
The motion passed.
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Ayes (43)
Noes (41)
▸1 clause vote (all passed)
Vote on a clause
Vote on whether to include clause 17 amending the Hospital and Health Boards Act. LNP opposed it, arguing it would centralise power back to George Street and undermine local board autonomy.
The clause was kept in the bill.
A vote on whether a specific clause should remain in the bill as written.
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Ayes (43)
Noes (41)
Opposed clauses 13, 17, and 18 during consideration in detail, arguing the temporary appointment provisions gave the minister unfettered power over Health Ombudsman panels and hospital boards, undermining their independence.
“I can guarantee that this side of the House is not going to give unfettered power to the Labor Party to do what it wants with our health system.”— 2016-03-15View Hansard
Opposed clause 17, arguing that Labor had not truly established hospital boards and that the temporary appointment provisions would undermine the board autonomy and local control that the LNP government had delivered.
“If members of parliament let this go through today, they will lose their autonomy. There will be centralised control from Charlotte Street with the puppetmasters in George Street who will take away the autonomy that is necessary for the functioning and the efficiency of the system.”— 2016-03-15View Hansard
Referenced Entities
Legislation
Organisations
Programs & Schemes
Sectors Affected
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