Health Legislation Amendment Bill (No. 3) 2025
Plain English Summary
Overview
This bill amends eight Queensland health Acts to fix implementation issues with the new fertility clinic regulatory framework, create a legal basis for organ donation procedures before circulatory death, require cosmetic surgery safety standards at private hospitals, and give the government broader powers to remove health board members. It is the third health legislation amendment bill for 2025.
Who it affects
People using IVF and fertility services benefit from more flexible rules that reduce the risk of being blocked from treatment by strict paperwork requirements. People waiting for organ transplants may benefit from increased donation opportunities. People having cosmetic surgery at private hospitals gain stronger safety protections.
Fertility clinic regulation
Makes extensive changes to the Assisted Reproductive Technology Act 2024 to address problems identified since the new regulatory framework began. Introduces case-by-case flexibility so patients are not blocked from using stored embryos or continuing with a chosen donor due to strict information collection rules, family limits, or time limits. Also better recognises diverse family structures including same-sex couples and those using surrogates.
- Queensland Health can approve use of donor gametes or embryos even where strict information collection, 10-family donor limit, or 15-year time limit rules are not fully met, if refusing would cause undue hardship
- Transitional provisions extended to cover a patient's spouse and surrogates, so families who started IVF before the new law can complete their family
- Inspector powers broadened so Queensland Health can compel information from fertility clinics to monitor compliance, not just investigate offences
- RTAC accreditation references replaced with flexible prescribed accreditation ahead of national reform replacing the industry body with an independent accreditor from 2027
Health board governance
Gives the Governor in Council power to remove members of Hospital and Health Boards, Health and Wellbeing Queensland Board, Pharmacy Business Ownership Council, and Hospital Foundation Boards from office for any reason or none. Previously, removal required specific grounds such as insolvency or criminal conviction.
- Board and council members across four health Acts can be removed from office without stated grounds
- Applies to existing office holders, not just future appointments
- Disqualification criteria (insolvency, criminal conviction) made consistent across all four Acts
Cosmetic surgery safety
Amends the Private Health Facilities Act to enable regulations requiring private hospitals that perform cosmetic surgery to comply with the National Safety and Quality Cosmetic Surgery Standards, developed following a national Health Ministers' agreement to strengthen regulation of the cosmetic surgery sector.
- Private hospitals performing cosmetic surgery will need to meet specific Cosmetic Surgery Standards on top of existing general health service standards
- Standards will be prescribed by regulation, with the specific definition of 'cosmetic surgery' to be developed through further consultation
Organ donation
Creates a legal framework for consent to ante-mortem interventions — medical procedures carried out on a potential organ donor while still alive, after a decision to withdraw life-sustaining measures, to assess and maintain organ viability for transplantation following circulatory death.
- Next of kin can consent to ante-mortem interventions on a potential donor after a separate, prior decision to withdraw life-sustaining measures
- Blood tests for organ suitability can proceed with next-of-kin consent alone, without requiring separate written authorisation from the hospital's designated officer
- Adults with capacity can consent to ante-mortem interventions on themselves
Health data sharing
Amends the Private Health Facilities Act to allow Queensland Health to share private hospital data with other Queensland Government entities under agreements prescribed by regulation, replacing the current case-by-case approval process.
- Private hospital data can be shared with Queensland Government entities under prescribed agreements, rather than requiring individual chief executive approval for each disclosure
- Disclosure still requires the chief executive to be satisfied it is in the public interest
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee14 Oct 2025View Hansard
Referred to Health, Environment and Innovation Committee
5 members · Chair: Robert Molhoek
The Health, Environment and Innovation Committee received a referral for the Health Legislation Amendment Bill (No. 3) 2025. No committee report text or recommendations specific to this bill are available in the database. The bill has since passed the Legislative Assembly.
Committee report tabled
▸Second Reading9 Dec 2025View Hansard
▸10 members spoke6 support4 mixed
As Minister for Health, moved the second reading and delivered the reply. Outlined five key reform areas: ART regulation, organ donation consent, cosmetic surgery standards, governance of statutory office holders, and occupational disease reporting.
“The Crisafulli government is committed to ensuring Queensland's health legislation is fit for purpose and can respond appropriately to the needs of our communities.”— 2025-12-09View Hansard
Stated Labor would support most elements of the bill but criticised the government for splitting reforms across three separate amendment bills and expressed concerns about the governance provisions allowing removal of board members without cause.
“The Labor opposition will be supporting most elements of this bill.”— 2025-12-09View Hansard
Supported the bill, praising the health minister's reform agenda and highlighting the key amendments to ART regulation, cosmetic surgery and organ donation.
“What we have seen is the health minister coming in and having to deal with a decade of decline. That has required a lot of well-thought-out action, just like this legislation with important, well-thought-out amendments.”— 2025-12-09View Hansard
Supported ART, organ donation and cosmetic surgery amendments but strongly opposed provisions allowing removal of health board members without cause, arguing it undermines transparency and accountability.
“This bill hands the government a blank cheque to itself to give it the option to sack health leaders on boards for any reason or none and hope that nobody notices.”— 2025-12-09View Hansard
Supported the bill, highlighting the importance of ART reforms for families in Redcliffe and praising the flexibility introduced around donor contact information and case-by-case approvals.
“This bill represents a practical, thoughtful and community centred set of amendments across Queensland's health portfolio—changes that will make a real difference in the lives of Queenslanders.”— 2025-12-09View Hansard
Stated Labor supports amendments to ART, organ donation and cosmetic surgery regulation but expressed serious concerns about provisions allowing removal of health board members for any or no reason.
“We support these changes because Labor will always back safe, equitable access to health care for all Queenslanders.”— 2025-12-09View Hansard
Supported the bill including the governance provisions, arguing Labor's criticism was hypocritical given they passed 11 of 21 pieces of legislation with similar no-cause removal provisions.
“I note the breathtaking hypocrisy from the opposition as they sanctimoniously lecture us about these proposed changes.”— 2025-12-09View Hansard
Supported ART, organ donation and cosmetic surgery amendments but expressed serious concerns about health board member removal provisions. Criticised the government's record on evidence-based health policy.
“Those same speakers have also voiced our serious concerns with the amendments that allow for the removal of health board members for no reason.”— 2025-12-09View Hansard
Supported the bill, highlighting the organ donation amendments as vital for resolving legal uncertainty around ante-mortem interventions and the cosmetic surgery standards for patient safety.
“Good health policy is built on evidence, ethics and empathy, and all three of these principles are reflected in the legislation before the House today.”— 2025-12-09View Hansard
Supported the bill as representative of the government's commitment to contemporary health laws. Praised amendments fixing ART regulation rigidity, organ donation consent clarity, and cosmetic surgery oversight.
“It modernises and clarifies our laws around assisted reproductive technology, strengthens pathways to enable life-saving organ donations, improves patient safety in cosmetic surgery and reinforces the integrity of health leadership.”— 2025-12-09View Hansard
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