Health Legislation Amendment Bill 2015

Introduced: 12/11/2015By: Hon CR Dick MPStatus: PASSED with amendment

Health Cost of Living Business & Economy

This summary was generated by AI and has not yet been reviewed by a human.

Plain English Summary

This is an omnibus bill covering multiple policy areas.

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

How this affects you

Health

•You will see kilojoule labels on menus at large fast-food, cafe, bakery and drink chains and supermarkets to help you make healthier choicesClause 5 (new s 164E)Proprietors of standard food outlets of prescribed licensable food businesses must display the average energy content of standard food items in kilojoules and an average adult daily energy intake statement.
•Health authorities can publicly warn you about unsafe food by naming the product, brand and business during a serious health riskClause 8 (new s 272A)The chief executive may authorise disclosure of confidential information if it is necessary to prevent, reduce or mitigate a serious danger to public health.
•Registered midwives can now follow up abnormal Pap smear results directly through the Queensland Pap Smear RegisterClause 25Amends the Public Health Act definition of health practitioner for part 3 to include a midwife, removing the need for individual gazettal.
•Cord blood donated after birth can more easily be used to treat conditions like leukaemia and lymphomaClause 31Clarifies that cord blood is not a blood product so the Australian Bone Marrow Donor Registry can be exempted from human tissue trading restrictions.

Cost of Living

•Kilojoule labels on chain menus make it easier to compare the energy content of meals and everyday grocery items against the 8,700 kJ daily intake benchmarkClause 5 (new s 164E)Nutritional information must include the average energy content of each standard food item in kilojoules plus an average adult daily energy intake statement.

Business & Economy

•Large food chains, cafes, bakeries and supermarkets have 12 months to update menus, packaging and ordering systems to show kilojoule informationClause 10 (new s 303)Chapter 6A does not apply to the proprietor of a food business until 12 months after commencement, giving businesses a transition period.
•Deliberate breaches of the menu labelling rules attract fines of up to 500 penalty units, with 100 penalty units for other breaches (five times higher for companies)Clause 5 (new s 164E(3)-(4))A person must not intentionally contravene subsection (2) (max 500 penalty units); otherwise contravening (max 100 penalty units).
•Smaller food businesses that voluntarily display kilojoule information must follow the same standardised rules so customers get consistent informationClause 5 (new s 164F)Voluntary displays must be worked out and shown in the way prescribed by regulation, carrying a maximum penalty of 100 penalty units.

Bill Journey

Introduced12 Nov 2015

First Reading

Committee

Committee Report15 Feb 2016

Committee report tabled

Second Reading

In Detail

Third Reading

Royal Assent24 Mar 2016

Referenced Entities

Sectors Affected

Hospitals Public Health Food and Beverage Hospitality Retail

Classified using AGIFT/ANZSIC Australian government standards