Public Health (Water Risk Management) Amendment Bill 2016
Plain English Summary
Overview
This bill amends the Public Health Act 2005 to make Queensland hospitals and residential aged care facilities actively manage the risk of Legionella and other waterborne hazards in their water supplies. It was introduced after a 2013 Legionnaires' disease outbreak at The Wesley Hospital in Brisbane.
Who it affects
Hospital patients and aged care residents get stronger safeguards against waterborne illness, while hospitals, private health facilities and State aged care providers face new compliance duties, inspections and penalties of up to 1,000 penalty units.
Key changes
- Public hospitals with inpatients, licensed private hospitals and State aged care facilities must have a written water risk management plan covering hazards, testing and response
- Facilities must notify the Department of Health within one business day of any confirmed Legionella detection, with a 1,000 penalty unit fine for intentional failure
- Facilities must submit periodic Legionella testing reports, which the department may publish so the public can see which facilities have detected the bacteria
- Authorised officers can enter facilities during operating hours to check compliance and, if Legionella has been confirmed, enter a resident's private room accompanied by a staff member
- Giving the department a knowingly false or misleading report attracts a maximum penalty of 1,000 penalty units
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Transportation and Utilities Committee
Committee report tabled
▸Second Reading25 May 2016View Hansard
Vote on a motion
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
▸Show individual votesHide individual votes
Ayes (42)
Noes (43)
▸13 members spoke13 support
Supported the bill's intent to establish a legislative framework for water risk management to protect vulnerable hospital and aged-care patients from legionella, while raising concerns about costs for facilities and calling for ministerial monitoring of financial impacts.
“I commend the Public Health (Water Risk Management) Amendment Bill 2016 to the House and I certainly support its intent.”— 2016-05-26View Hansard
As Minister for Health, moved the second reading and described the bill as implementing the most stringent regulatory framework in Australia for water risk management in hospitals and residential aged-care facilities, following recommendations from Chief Health Officer Dr Jeannette Young's 2013 report.
“The proposed amendments contained in this bill will deliver the most stringent regulatory framework in Australia with regard to water risk management in hospitals and residential aged-care facilities. I commend the bill to the House.”— 2016-05-25View Hansard
Indicated opposition support for the bill but raised concerns about substantial implementation costs being borne by Hospital and Health Services, seeking clarification on cost-sharing between the department and HHSs.
“The opposition endorses the content of that document and will support the bill before the House today.”— 2016-05-26View Hansard
As shadow minister, indicated opposition support for the bill and detailed the historical origin of legionnaire's disease, supported the Chief Health Officer's view on public transparency, and raised the issue of industry standards for ice machines outside hospitals.
“I can indicate to the minister and the parliament that the opposition will be supporting this bill.”— 2016-05-25View Hansard
Supported the bill as a good outcome for preventing legionella infection, while raising concerns about the capacity of ageing hospitals in her electorate (Esk, Kilcoy, Nanango, Kingaroy) to implement the new requirements.
“I rise to contribute to the debate on the Public Health (Water Risk Management) Amendment Bill 2016. I join with the LNP opposition in showing our support for this bill.”— 2016-05-26View Hansard
As chair of the Transportation and Utilities Committee, supported the bill and detailed the committee's consideration of costs, the effectiveness of water risk management plans over simple testing, and the importance of public disclosure for confidence.
“This bill will create a safer and more transparent system regarding the use of water in our hospitals and health facilities. I commend the bill to the House.”— 2016-05-25View Hansard
In reply, defended the bill as giving Queensland the strongest water risk management framework of any jurisdiction in the Commonwealth, addressed concerns about costs and legionella reporting, and thanked Chief Health Officer Dr Jeannette Young and departmental staff.
“The reforms proposed in this bill will, if enacted, ensure Queensland has the most sophisticated legislative framework in Australia. This is legislation that I believe this House can be justifiably proud of.”— 2016-05-26View Hansard
As deputy chair of the committee, supported the bill after a rigorous review, highlighting issues around ice machines, thermostatic mixing valves and cost-effectiveness, and noted the review was initiated by the previous LNP government.
“I am pleased that we can come to the House and recommend the adoption of the amendments. On that note, I commend the bill to the House.”— 2016-05-25View Hansard
Supported the bill as building public confidence in Queensland's hospitals through mandatory notification and public reporting of legionella test results, noting implementation costs are negligible since interim measures have been in place since 2014.
“I close by thanking the staff for the help they have provided in this instance and also commend the minister for introducing this bill in what is a rapid manner to remedy this situation in order to build confidence in our hospitals. I commend the bill to the House.”— 2016-05-25View Hansard
As a committee member, supported the bill as proactively tackling legionnaire's disease while flagging concerns about the cost burden on rural and regional facilities and calling for a considered approach to implementation.
“The bill is proactively taking on legionnaire's. It minimises the risk of outbreaks before they occur and has the capacity to maintain public confidence in our health and aged-care system ... I commend the bill to the House.”— 2016-05-25View Hansard
Supported the bill as a necessary government regulation to protect vulnerable people who cannot assess complex risks, particularly in hospitals and aged care, citing the Melbourne Liberal Party outbreak as an example of the preventable harm from legionella.
“This legislation goes a long way to minimising the risk of serious infection from the legionella bacteria. I commend the bill to the House.”— 2016-05-25View Hansard
As a committee member, supported the bill while acknowledging it builds on work initiated by the previous LNP government under Minister Springborg, and raised concerns about minimising cost burdens on rural and regional facilities.
“The amendments to the Public Health Act 2005 are very sensible ... Queenslanders need and deserve as much confidence as possible that our aged-care facilities and hospitals guard against the potential threat of legionella.”— 2016-05-25View Hansard
As Minister for Housing and Public Works, supported the bill as complementing the Plumbing and Drainage Act 2002 regulatory framework and addressing the competing priorities of safe hot water storage and preventing scalding injuries.
“This bill further lifts the already high standards of our plumbing industry. I commend the bill to the House.”— 2016-05-25View Hansard
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