Hospital Foundations Bill 2018
Plain English Summary
Overview
This bill modernises the governance of Queensland's 13 hospital foundations and opens up the industrial hemp industry to food production. It repeals the outdated Hospitals Foundations Act 1982 and replaces it with contemporary legislation, while also amending the Drugs Misuse Act 1986 to allow hemp seeds to be grown and processed for human consumption.
Who it affects
Hospital foundation board members and staff operate under updated governance rules with stronger ministerial oversight. Queensland hemp growers and seed handlers gain the ability to produce hemp seed for food under a reformed licensing system.
Hospital foundations governance
Replaces the 35-year-old Hospitals Foundations Act 1982 with modern legislation. The 13 existing foundations, which collectively raise over $74 million a year for Queensland's public health system, continue under the new framework with clearer governance, broader powers, and stronger ministerial oversight.
- Foundation boards must have at least seven members, including one Hospital and Health Board representative, appointed for up to five years
- New ministerial powers to require information, dismiss entire boards, and appoint administrators where there are serious governance or financial concerns
- Board members face criminal history checks and must disclose any indictable offence convictions, with a penalty of 100 penalty units for non-disclosure
- Foundations gain broader powers, including managing donated property without ministerial approval, while borrowing still requires Treasurer's approval
Industrial hemp for food
Allows Queensland hemp growers to produce seeds for human consumption, previously restricted to fibre and non-food seed. Creates a new seed handler licence, merges two researcher licence categories into one with tighter risk management, and introduces graduated enforcement tools.
- Removes the restriction preventing industrial cannabis seeds from being grown for food, allowing Queensland producers to supply the domestic hemp seed food market
- Creates a new seed handler licence replacing the previous denaturer and seed supplier authorisations, with expanded activities including wholesaling whole seed
- Researchers must submit risk management plans with licence applications, and close associates' criminal histories are checked for research licences
- New compliance notices and regulatory offences of up to 100 penalty units replace the previous approach of prosecuting minor breaches as drug offences
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee15 Feb 2018View Hansard
Referred to Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee
The Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee examined the Hospital Foundations Bill 2018 over one month, building on the former committee's thorough review of the substantially identical 2017 Bill. The committee received two submissions and a written briefing from the Department of Health, and recommended the bill be passed. No dissenting views were recorded.
Key findings (5)
- The bill was substantially the same as the Hospital Foundations Bill 2017, which had lapsed when Parliament was dissolved in October 2017.
- Darling Downs HHS raised concerns that funds raised by a Hospital Foundation could be diverted away from the associated local health service, but the department advised that safeguards in the bill and existing oversight arrangements adequately addressed this risk.
- The Queensland Nurses and Midwives' Union was concerned that removing prescriptive board membership requirements could result in boards lacking health expertise, but the committee accepted the department's advice that flexibility was needed, particularly in regional areas.
- The committee was satisfied that the department's correspondence addressed the former committee's recommendations seeking clarification on ministerial approval for business acquisitions by gift and the interaction between clauses on property and special financial arrangements.
- The committee found no issues with fundamental legislative principles beyond those already addressed in the former committee's report on the 2017 Bill.
Recommendations (1)
- The committee recommends the Hospital Foundations Bill 2018 be passed.
Committee report tabled
▸Second Reading21 Mar 2018View Hansard
▸14 members spoke14 support
As Minister for Health, introduced the bill and spoke in reply, highlighting the $74 million raised by foundations in 2016-17 and the need to modernise the 35-year-old legislative framework. Also moved amendments to clarify Mental Health Act and Drug and Alcohol Court provisions.
“Our hospital foundations do amazing work. They work closely with the community to deliver projects they need.”— 2018-03-21View Hansard
As shadow minister for health, confirmed the LNP would not oppose the bill. Acknowledged the great work of hospital foundations, particularly the Gold Coast Hospital Foundation, while raising some concerns about rushed Mental Health Act amendments.
“From the outset the opposition will not be opposing this bill. Hospital foundations do great work in this state by supporting their hospital and health services.”— 2018-03-21View Hansard
As committee chair, spoke in support of the bill and acknowledged the Townsville Hospital Foundation's contribution of over $1.2 million to the $6.2 million paediatric ward development.
“Despite tough times in Townsville over recent years, our foundation has done remarkable work.”— 2018-03-21View Hansard
As committee deputy chair, supported the bill while questioning the distinction between ministerial consent for purchasing a business versus accepting a gift, and highlighting the Caloundra Hospital Auxiliary's work.
“The bill should be supported. The foundations do a fantastic job. I simply say to all involved in the foundations: congratulations on the great work that you do.”— 2018-03-21View Hansard
Supported the bill as recognising the importance of foundations to Queensland hospitals and welcomed the amendments to allow industrial cannabis production for food in Queensland.
“Hospital foundations play an important role in supporting hospitals and improvements to the public health system by raising funds to purchase medical equipment, upgrade health service facilities.”— 2018-03-21View Hansard
Supported the bill and paid tribute to the Maleny Soldiers Memorial Hospital auxiliary, which has raised over $86,000 and donated more than $75,000 to the hospital in one year.
“I think all members in this House have reflected on the role that hospital foundations play in our broader health services and in the broader community.”— 2018-03-21View Hansard
Supported the bill and the industrial cannabis amendments, noting hemp's agricultural benefits including low water use and good soil improvement properties.
“Given Queensland's tropical climate, the growing of industrial cannabis would be extremely useful for our farmers and would create jobs.”— 2018-03-21View Hansard
Supported the bill while highlighting the need for better health services in rural and remote areas, particularly dialysis machines in Emerald and Longreach, and concerns about foundation funds being diverted from local HHSs.
“Our hospital foundations are critical pieces of funding infrastructure for our health facilities right across the state.”— 2018-03-21View Hansard
Supported the bill highlighting the Mareeba friends of the hospital foundation which has raised $500,000 for equipment including ultrasound probes, rehabilitation equipment and maternity ward breast pumps.
“The simple truth of the matter is that our hospitals would not be what they are today without that support.”— 2018-03-21View Hansard
Supported the bill and paid tribute to the volunteer organisations supporting Gympie health services including Little Haven Palliative Care and the Cooloola Coast Medical Transport Service.
“Foundations are an important part of the fabric of our local health networks delivering to communities through grants and in kind support for additional medical equipment, lifesaving research.”— 2018-03-21View Hansard
Supported the bill and praised the Toowoomba Hospital Foundation's 27-year contribution of over $9 million to the Darling Downs health network, while calling for a new hospital at the Baillie Henderson site.
“The contribution that the Toowoomba Hospital Foundation makes to the broader health network in Toowoomba and the Darling Downs is inestimable.”— 2018-03-21View Hansard
Supported the bill highlighting the Far North Queensland Hospital Foundation's $15 million raised in 20 years, including $1.4 million for a second cardiac catheter laboratory at Cairns Hospital.
“The Far North Queensland Hospital Foundation has raised $15 million in 20 years. It is an essential organisation.”— 2018-03-21View Hansard
Supported the bill and praised the Mackay Hospital Foundation under chairman Peter Tait, noting the bill would bring hospital foundations into the 21st century.
“In layman's terms, we are bringing our hospital foundations into the 21st century.”— 2018-03-21View Hansard
Supported the bill and spoke extensively about the Gold Coast Hospital Foundation's history, from its origins in the Southport hospital women's auxiliary to its current fundraising work raising upwards of $1 million per year.
“I commend the bill. I especially want to praise and congratulate the Gold Coast Hospital Foundation on its incredible and enduring work over many years.”— 2018-03-21View Hansard
▸In Detail21 Mar 2018View Hansard
Amendment No. 2 (new clauses after clause 155): Inserted amendments to the Hospital and Health Boards Act 2011, Justice and Other Information Disclosure Act 2008, Mental Health Act 2016, and Penalties and Sentences Act 1992 to clarify that time spent in an authorised mental health service counts as time served in detention, and to enable hospital and health services to share information as part of the Drug and Alcohol Court review team.
Amendment No. 1 to clause 2: Consequential commencement amendment to ensure the new Mental Health Act and other cross-act amendments commence appropriately.
Amendment No. 3 to the long title: Expanded the long title to include the additional acts amended by the new provisions (Hospital and Health Boards Act, Justice and Other Information Disclosure Act, Mental Health Act, Penalties and Sentences Act).
Referenced Entities
Legislation
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Sectors Affected
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