Hospital Foundations Bill 2017

Introduced: 22/8/2017By: Hon CR Dick MPStatus: Lapsed

Health Business & Economy Regional Queensland

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Plain English Summary

This is an omnibus bill covering multiple policy areas.

Overview

This bill does two things: it replaces Queensland's 1982 law for hospital foundations with a modern framework for how these charities support public hospitals, and it amends drug laws to let Queensland farmers grow low-THC hemp for food. The changes modernise foundation governance and open Queensland to the new national hemp food market starting 12 November 2017.

Who it affects

The 13 existing hospital foundations and their staff, volunteers and board members will continue under new rules, while industrial cannabis growers, researchers and a new class of 'seed handlers' will operate under modernised licensing with new compliance options.

Hospital foundations

Replaces the 1982 Hospitals Foundations Act with modern rules for Queensland's 13 hospital foundations. Foundations keep raising money for public hospitals but under simpler governance. Board members face criminal history checks, and the Minister can dismiss a whole board and appoint an administrator if there are serious financial or governance problems.

All 13 existing hospital foundations continue, but must update their objects within three months
Each foundation must employ a managing executive officer and associate with a single Hospital and Health Service
Board members face criminal history checks and must disclose any conviction during their term (up to 100 penalty units for non-disclosure)
The Minister gains new powers to demand information, dismiss an entire board, and appoint an administrator if a foundation is in trouble
Less red tape on routine transactions - ministerial approval is no longer needed for dealing with donated property or appointing a funds manager

Industrial hemp and cannabis licensing

Amends the Drugs Misuse Act 1986 to allow industrial cannabis (low-THC hemp) to be grown for food in Queensland, matching national food standards that take effect 12 November 2017. Also tightens controls on cannabis researchers while making it easier to regulate minor licence breaches without a drug prosecution.

Industrial cannabis can now be grown in Queensland for hemp seed foods
New 'seed handler' licence replaces 'seed suppliers' and 'denaturers' - can clean, dry, grade and store hemp seed
Two types of research licence combined into one, with mandatory risk-management research plans
Licence applicants must be a 'fit and proper person'; researcher applicants' close associates are also screened
New compliance notices and regulatory offences (50-100 penalty units) give inspectors options short of a criminal drug prosecution

How this affects you

Health

•The 13 hospital foundations that fundraise for Queensland's public hospitals keep operating under simpler, modernised rulesClauses 7, 86Replaces the 1982 Act with streamlined objects covering medical equipment, staff training, research, and public health promotion; all existing foundations continue.
•Foundation board members face stronger integrity checks, including criminal history screening and mandatory disclosure of any conviction during their termClauses 33, 36, 37Disqualifies people with indictable convictions, allows police checks with the person's consent, and carries a 100 penalty unit fine for non-disclosure.
•If a hospital foundation runs into serious trouble, the Minister can now step in, sack the whole board and appoint an administratorClauses 47-51Gives the Minister powers to demand information, and allows the Governor in Council to remove all board members and appoint an administrator in the public interest.
•Hemp seed foods will be available in Queensland shops from 12 November 2017, and can now be grown locally rather than only importedClauses 95-129Amends the Drugs Misuse Act 1986 so industrial cannabis can be grown for food, following the change to the Australia New Zealand Food Standards Code.

Business & Economy

•Queensland farmers can grow industrial cannabis for hemp food - a new market that would otherwise be served entirely by interstate or overseas seedClauses 98, 118, 121Removes the ban on growing industrial cannabis for human consumption and creates a seed handler licence for cleaning, drying, grading, storing and supplying hemp seed.
•A new 'seed handler' licence replaces the old seed supplier and denaturer categories, letting licensed businesses act as wholesalers for whole hemp seedClause 121 (new s 52)A seed handler may possess industrial cannabis seed for denaturing, supplying licensed growers and researchers, and cleaning/drying/grading/storing for on-supply.
•Cannabis researchers face tighter controls including mandatory risk-management plans and background checks on close associatesClauses 102, 122, 125Introduces a 'fit and proper person' test, requires applications to include a prescribed research plan, and allows the chief executive to check close associates of researcher applicants.
•Minor licence breaches can now be handled with a compliance notice instead of a criminal drug prosecutionClauses 111-113 (new ss 110A-110F)Inspectors can issue compliance notices, with penalties of 50-100 penalty units for record, notification, and condition breaches.

Regional Queensland

•Regional hospital foundations in places like Bundaberg, Mackay, Townsville, Toowoomba and the Sunshine Coast continue their fundraising work under the modernised lawThe bill continues all 13 existing hospital foundations, most of which serve regional Queensland communities.
•Industrial hemp becomes a new crop option for Queensland farmers, with local demand from the new hemp food industryClauses 98, 135Allows industrial cannabis to be grown for hemp seed foods, with planting seed limited to varieties under 0.5% THC.

Bill Journey

Introduced22 Aug 2017

First Reading

Committee

Committee Report13 Oct 2017

Committee report tabled

Second Reading

Lapsed29 Oct 2017

Referenced Entities

Legislation

Organisations

Roles & Offices

Governor in Council Managing Executive Officer Hospital Foundation Board members

Sectors Affected

Agriculture Hospitals Public Health Food and Beverage

Classified using AGIFT/ANZSIC Australian government standards