Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2018

Spoke in support of the bill as a committee member, endorsing the raised mandatory reporting threshold as striking the right balance between improving access to treatment for practitioners and protecting consumers.

“This bill will amend the national law to implement two priority reforms agreed to by health ministers at the COAG Health Council on 12 October 2018.”— 2019-02-26View Hansard

As Minister for Health, moved the second reading and defended the bill as striking the right balance between encouraging health practitioners to seek treatment and protecting the public. Rejected the Western Australian model of complete exemption from mandatory reporting as inadequate for public protection.

“Through a balanced and holistic approach to mandatory reporting by treating practitioners, this bill will make it easier for health practitioners to seek treatment for their health issues, including mental health issues, and will send a clear signal that no health professional should suffer silently with an impairment because they are afraid to seek help.”— 2019-02-14View Hansard

Opposed the bill, arguing the reinstatement of codes of practice to full legislative status imposes a reverse onus of proof and that the bill imposes significant costs on business without improving safety outcomes.

“This bill is all about union payback masquerading as workplace health and safety. I urge the House to reject the bill.”— 2017-10-12View Hansard

As Minister for Industrial Relations, introduced the bill and emphasised its industrial manslaughter offence to hold negligent employers accountable for worker deaths.

“Every single Queensland worker deserves to return home safely after a day's work. That is what the community expects and that is what this bill seeks to achieve.”— 2017-10-11View Hansard

As Health Minister, moved the second reading and commended the bill as introducing national registration for paramedics and improvements to health practitioner regulation.

“The most significant reform in the bill is the introduction of national registration for paramedics... this bill achieves a significant milestone by providing for the national registration of paramedics.”— 2017-09-06View Hansard

Broadly supported the bill but expressed significant concerns about the paucity of evidence justifying mandatory reporting and the potential negative consequences for practitioners deterred from seeking treatment. Acknowledged the LNP amendments erred on the side of harm minimisation but noted they too lacked an empirical evidence base.

“I would much prefer to see evidence based answers to these questions before we lead the COAG charge to implement this new regime.”— 2019-02-26View Hansard

Confirmed the LNP would not oppose the bill and supported increased penalties for impersonating health practitioners, but moved amendments to adopt the Western Australian model exempting treating practitioners from mandatory reporting for all conduct except sexual misconduct, arguing the bill's reforms do not go far enough to remove barriers for practitioners seeking treatment.

“While national consistency is always an important consideration, it is up to the government to do what is right for our state as the priority.”— 2019-02-14View Hansard

Supported the bill, sharing the story of her ex-husband witnessing a workmate's death on a construction site and defending unions' role in supporting bereaved families and workers.

“We on this side of the House will always stand up for workers. We on this side of the House will always do what needs to be done to restore the balance between workers and business, and we are never going to be ashamed of it. It is for these reasons that I support this bill.”— 2017-10-12View Hansard

Strongly opposed the bill as union payback, criticising the independence of the review conducted by former ACTU official Tim Lyons and backing submissions from CCIQ, Master Builders, Law Society and Bar Association opposing the industrial manslaughter offence.

“We cannot support these poorly drafted laws. We back the Law Society submission. We back the Bar Association submission. We back the CCIQ submission.”— 2017-10-11View Hansard

As shadow health spokesperson, indicated the LNP would not oppose the bill, supporting national registration of paramedics and acknowledging the work of health professionals.

“The LNP will not be opposing this bill.”— 2017-09-06View Hansard

Supported the bill, emphasising the importance of enabling health practitioners to seek treatment with confidence while strengthening consumer protections through increased penalties for holding out offences.

“It is important to give registered health practitioners greater confidence to seek treatment for their health issues and that it is done in a way that does not compromise the safety of the patient or the public.”— 2019-02-26View Hansard

Spoke as a committee member in support of the bill, outlining the committee process, the mandatory reporting threshold reforms and the education program. Argued the substantial risk of harm test strikes the right balance between protecting health practitioners and health consumers.

“The committee considers that the substantial risk of harm test for mandatory reporting by treating practitioners strikes the right balance between the health of the practitioner patient and the health of the broader community.”— 2019-02-14View Hansard

Opposed the bill, arguing no other state has an industrial manslaughter offence, that existing Criminal Code provisions are adequate, and that the bill is about keeping the CFMEU happy rather than improving safety.

“This bill takes a sledgehammer-to-crack-a-walnut approach. This bill is all about union payback masquerading as workplace health and safety. I urge members to reject this bill.”— 2017-10-12View Hansard

As committee chair, supported the bill, arguing it would stop corporations hiding behind complex structures to avoid responsibility for workplace deaths.

“I speak today to support the passing of the Work Health and Safety and Other Legislation Amendment Bill 2017.”— 2017-10-11View Hansard

As committee chair, supported the bill, particularly welcoming the long-awaited national registration for paramedics and the continued professionalisation of the workforce.

“I am particularly pleased to see this long awaited and very worthy amendment to the national law to introduce national registration for paramedics.”— 2017-09-06View Hansard

As a registered doctor and specialist in addiction medicine, argued the bill's mandatory reporting reforms are too ambiguous and will not encourage practitioners to seek help. Advocated for the Western Australian model and called on members to support the LNP amendments.

“Unless the complexity of mental health issues, including alcohol and drug issues, is well managed and treating clinicians are empowered and supported to manage such complex care, the real risk is that impaired doctors and health professionals may not seek the care they so desperately need.”— 2019-02-26View Hansard

Supported the bill but also supported the LNP amendment to adopt the Western Australian model, citing submissions from the AMA, QNMU, and RACGP about mandatory reporting deterring practitioners from seeking help. Argued the WA model has worked effectively and that sexual misconduct should remain the only mandatory reporting obligation for treating practitioners.

“There has been no evidence given to this parliament that indicates the WA model has not been effective. The WA model has worked in WA, and in fact WA is not changing their legislation.”— 2019-02-14View Hansard

Supported the bill, highlighting the testimony from families of workers killed on sites and arguing the bill is needed to hold those whose negligence substantially contributes to deaths accountable.

“I hope all in this House want to see brought to justice those who are so negligent in the performance of their duties that they substantially contribute to a death.”— 2017-10-12View Hansard

Opposed the bill as union-building legislation, citing CCIQ estimates of $1.125 billion cost in the first year and arguing similar ACT laws have never resulted in successful prosecution.

“It should come as little surprise that I rise to speak against this blatantly self-serving, union-building legislation which has come about following abysmal circumstances in October 2016.”— 2017-10-11View Hansard

Supported the bill and acknowledged the important work of paramedics, though his speech was interrupted by points of order regarding relevance to hospital ramping issues.

“I join with the shadow minister in saying that of course we will support this bill because it supports some of the most important professions in this state whose members can save the lives of members of this House, our family members and loved ones right across Queensland.”— 2017-09-06View Hansard

Drawing on 30 years of nursing experience, argued the bill continues the long tradition of improving professional standards to protect patients while striking the right balance between protecting patients and protecting clinicians.

“It strikes the right balance between protecting patients and protecting clinicians, it raises the threshold and it puts the treating physician in a very important decision-making process.”— 2019-02-26View Hansard

Supported the bill, citing the Dreamworld and Eagle Farm tragedies and arguing business owners must be appropriately penalised when negligent decisions cause death. Declared her husband works for WorkCover as a workplace health and safety lawyer.

“It is incredibly important that we ensure business owners are appropriately penalised when negligent business decisions cause death. All businesses, no matter their size, have a responsibility to keep their workers and their customers safe.”— 2017-10-12View Hansard

Supported the bill, citing workplace deaths including local mine worker Daniel Springer and defending penalties as necessary deterrents.

“I rise to speak in support of the Work Health and Safety and Other Legislation Amendment Bill 2017... This is a very important bill for all Queensland workers.”— 2017-10-11View Hansard

As a former paramedic of 25 years, strongly supported the bill, praising it as the culmination of decades of advocacy for paramedic registration.

“The bill will see nearly 14,000 paramedics across the nation finally become registered professionals, with over 3,500 in Queensland finally to be seen in the same light as other health professionals. It will indeed be a great day when this comes into effect.”— 2017-09-06View Hansard

Drawing on 30 years in policing, argued mandatory reporting deters health practitioners from seeking help, as he witnessed with police officers. Supported the LNP's Western Australian model amendments to remove barriers to treatment.

“Throughout that time I saw police reluctant to seek professional help through the resources provided by the Queensland Police Service in human services for fear that those internal processes might lead to breaches of confidentiality or a loss of career opportunity.”— 2019-02-26View Hansard

Opposed the bill, describing it as flawed union-empowerment legislation, noting the Queensland Law Society and Bar Association oppose the new industrial manslaughter offence and that Queensland would be out of step with other states.

“I reiterate that I and non-government members unconditionally reject the presentation and form of this defective union empowering legislation before the Queensland parliament, particularly in the absence of a regulatory impact statement.”— 2017-10-12View Hansard

Opposed the bill, criticising union influence, the wider definition of senior officer than comparable ACT law, and arguing existing Criminal Code manslaughter provisions are adequate.

“Like all of my colleagues tonight I will register my disagreement with the Work Health and Safety and Other Legislation Amendment Bill.”— 2017-10-11View Hansard

Having been an ambulance officer for over 14 years, supported the bill as providing long-overdue professional recognition to paramedics.

“These changes create consistency in health practitioner regulation across Australia and, with our ever-increasing connectivity as a country, it is important that our legislation does as well.”— 2017-09-06View Hansard

As Minister for Health, defended the bill as implementing a carefully considered COAG agreement that raises the reporting threshold while retaining mandatory reporting in limited circumstances to protect patient safety. Opposed the LNP amendments as failing to adequately protect the public.

“We must provide an environment in which health practitioners can confidentially seek proper treatment for their own health conditions—this is not in dispute—but this cannot come at the cost of patient safety.”— 2019-02-26View Hansard

Supported the bill, recounting fatal and near-fatal incidents on construction sites and noting no fatality has occurred on a unionised site in Queensland since 2008 while 81 deaths have occurred on non-unionised sites.

“We could leave the law just as it is and the deaths will go on or we could change the law, as we are doing today, and prevent at least some deaths in Queensland. I commend the bill to the House.”— 2017-10-12View Hansard

Supported the bill, highlighting the protections it provides through paramedic registration and the separate recognition of nursing and midwifery.

“This provides protections for the public so they know that when they require care in a stressful time they have the protection of someone who has the qualifications required to be registered as a paramedic.”— 2017-09-06View Hansard

Opposed the bill, particularly criticising foreshadowed extension of the industrial manslaughter offence to the four resources sector safety and health acts without proper consultation or committee scrutiny.

“I warn the Minister for Mines that he should think carefully before he allows the integrity of Queensland's four resource sector safety and health acts to be interfered with by the inclusion of the offence of industrial manslaughter because such an amendment I think would certainly be unjustified and inappropriate.”— 2017-10-12View Hansard

Supported the bill while summarising stakeholder submissions, including AMAQ and ADAQ concerns about the breadth of public interest powers.

“I support the bill.”— 2017-09-06View Hansard

Supported the bill, describing the creation of a standalone industrial manslaughter offence as a vital next step to protect workers and hold negligent companies to account.

“Today we are acting to ensure that Queenslanders come home from work and that when tragic events occur and they do not come home the person responsible is held to account. I commend the bill to the House.”— 2017-10-12View Hansard

As a registered nurse of nearly 30 years, supported the bill, particularly the separate recognition of midwifery and the professional registration of paramedics.

“This bill takes the appropriate step of establishing that registration process. They will continue to deliver the same high levels of professional care... but they now will do so with the protection and benefits that professional registration brings.”— 2017-09-06View Hansard

Supported the bill, referring to the death of Jason Garrels and arguing that increasing the criminal accountability of companies for workplace deaths is long overdue.

“This bill is for him and for every other Queenslander who has lost a loved one at work, for every Queenslander who kisses a family member goodbye in the morning and wants to be sure they will return safe that night.”— 2017-10-12View Hansard

Having spent 15 years as a paramedic, strongly supported the bill as the culmination of decades of discussion about paramedic registration.

“We need to protect the paramedic title. It is used inappropriately by some. It is a very important title. It deserves protection. We need to register our paramedics; it is the right thing do.”— 2017-09-06View Hansard

As minister in reply, defended the bill as necessary because no manslaughter prosecution against a large corporate employer has ever succeeded under the Criminal Code, and committed to taking the resources sector amendments forward through tripartite consultation.

“There has never been one successful manslaughter claim against an employer in history. There has not been one. There are three cases pending at the moment and not one case has been brought under the Criminal Code. What we are doing is ensuring that that changes and accords with societal expectations.”— 2017-10-12View Hansard