Health, Environment and Agriculture Committee

Portfolio Committee

View on parliament.qld.gov.au

Bills Reviewed (4)

Health, Environment and Agriculture Committee: Report No. 15, 57th Parliament-Termination of Pregnancy (Live Births) Amendment Bill 20242024-09-20

Committee findings

The Health Practitioner Regulation National Law and Other Legislation Amendment Bill was referred to the Health, Environment and Agriculture Committee on 11 September 2024, late in the 57th Parliament. The parliament was dissolved in October 2024 for the state election before the committee could report on this bill. The bill was subsequently re-introduced in the 58th Parliament as a new bill. Note: the committee report linked in the database (5724T1963) is incorrectly associated with this bill and actually relates to the Termination of Pregnancy (Live Births) Amendment Bill 2024.

Key findings
  • The bill was referred to the Health, Environment and Agriculture Committee on the day of its introduction, 11 September 2024
  • The 57th Parliament was dissolved before the committee could complete its examination and table a report on this bill
  • The bill was re-introduced in the 58th Parliament as the Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2024
  • The committee report currently linked to this bill in the database (report 5724T1963) is a data linkage error and actually covers the Termination of Pregnancy (Live Births) Amendment Bill 2024
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Health, Environment and Agriculture Committee: Report No. 10, 57th Parliament-Tobacco and Other Smoking Products (Vaping) and Other Legislation Amendment Bill 20242024-08-02

Committee findings

The Health, Environment and Agriculture Committee examined the bill over several weeks, receiving 30 submissions and holding a public briefing and hearing in Brisbane. The committee unanimously recommended the bill be passed, finding broad stakeholder support for restricting access to illicit vaping and nicotine products. While some submitters advocated for a harm reduction approach rather than prohibition, the committee supported the Commonwealth and Queensland regulatory framework to ban supply and commercial possession of recreational vapes. The committee carefully considered human rights implications, particularly regarding expanded entry powers for authorised officers, and was satisfied the limitations were reasonable and justified.

Key findings
  • The majority of submitters supported the bill, with strong endorsement of the nationally consistent approach to regulating illegal vaping products and recognising police officers as authorised persons.
  • The committee confirmed the bill does not criminalise personal possession of vaping products, as offences apply only to supply and commercial possession, with specific personal use defences included.
  • Expanded entry powers allowing authorised officers to enter premises subject to closure orders without a warrant were found to be a justified limitation on the right to privacy under the Human Rights Act 2019.
  • Stakeholders raised concerns about enforcement resourcing, with Queensland Health advising that $4.5 million in recurring funding had been allocated to enforcement teams from 2024.
  • The committee found the bill compatible with fundamental legislative principles under the Legislative Standards Act 1992 and with human rights, though noted the statement of compatibility could have provided further analysis on entry powers and executive liability provisions.
Recommendations
  • The committee recommends the Tobacco and Other Smoking Products (Vaping) and Other Legislation Amendment Bill 2024 be passed.
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Health, Environment and Agriculture Committee: Report No. 4, 57th Parliament-Environmental Protection (Powers and Penalties) and Other Legislation Amendment Bill 20242024-04-12

Committee findings

The Health, Environment and Agriculture Committee examined the bill over approximately six weeks, receiving 20 submissions and holding public hearings with industry, local government, and legal stakeholders. The committee recommended the bill be passed, finding that its strengthened environmental powers and penalties were justified. Submitters raised significant concerns about the new environmental enforcement orders, the general environmental duty offence, and insufficient consultation, but the committee was satisfied that the provisions struck an appropriate balance. Stephen Andrew MP filed a dissenting report opposing the bill.

Key findings
  • The bill implements recommendations from an independent review of the Environmental Protection Act 1994, introducing new environmental enforcement orders, a general environmental duty offence, and a duty to restore the environment
  • Industry stakeholders including the Queensland Resources Council, Queensland Law Society, and waste and recycling bodies raised concerns about potential retrospectivity of the general environmental duty offence and its impact on existing environmental authority holders
  • The new environmental enforcement orders consolidate three existing notice types but raised concerns about powers of entry onto third-party land with only two business days notice
  • Local government submitters were concerned about increased regulatory burden and unclear boundaries between state and local government responsibilities for environmental nuisance matters
  • The committee found the bill's penalties, while significantly high, were proportionate to the conduct and consistent with the existing approach in the Environmental Protection Act
Recommendations
  • The committee recommends the Environmental Protection (Powers and Penalties) and Other Legislation Amendment Bill 2024 be passed.
Dissenting views: Stephen Andrew MP (Member for Mirani) filed a dissenting report raising concerns about the general environmental duty offence creating retrospective liability for compliant environmental authority holders, the two business days notice period for entry onto third-party land being too short, the subjective wording of 'ought reasonably to have become aware' in the duty to notify, the absence of a regulatory impact statement, inadequate consultation timeframes, and the use of ambiguous and undefined terms throughout the bill.
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Health and Other Legislation Amendment Bill (No. 2) 2023Recommended passagePASSED with amendment

Health, Environment and Agriculture Committee: Report No. 3, 57th Parliament-Health and Other Legislation Amendment Bill (No. 2) 20232024-03-04

Committee findings

The Health, Environment and Agriculture Committee examined the bill over several months, receiving 38 submissions, holding two public briefings with Queensland Health, and hearing from 18 witnesses at a public hearing. The committee recommended the bill be passed, finding it had sufficient regard for the rights and liberties of individuals and was compatible with human rights. Key areas of examination included midwife-to-patient ratios in maternity wards, allowing nurses and midwives to perform early medical terminations of pregnancy, quality assurance committee disclosure obligations, and amendments to the Mental Health Act. Two statements of reservation were filed by opposition and crossbench members, primarily raising patient safety concerns about extending medical termination of pregnancy prescribing to non-doctor health practitioners.

Key findings
  • The committee supported introducing minimum midwife-to-patient ratios in maternity wards, noting Queensland Health's trial of a 1:6 ratio and encouraging work to ensure a sufficient pipeline of future midwives
  • Queensland Health provided sufficient policy justification for permitting appropriately qualified nurses and midwives to provide medical termination of pregnancy, with the TGA confirming MS-2 Step can be prescribed by any healthcare practitioner with appropriate qualifications and training
  • The committee found the regulation-making power to extend termination of pregnancy services to additional health practitioner classes was an appropriate delegation of legislative power, subject to parliamentary oversight through tabling and disallowance
  • New quality assurance committee disclosure obligations were supported as enhancing patient safety, though the Health Ombudsman raised concerns about reporting gaps for unregistered health practitioners
  • Amendments to the Mental Health Act to broaden the admissibility of expert reports and transcripts in criminal proceedings were found to enhance the right to access health care while maintaining adequate safeguards for privacy
Recommendations
  • The committee recommends the Health and Other Legislation Amendment Bill (No. 2) 2023 be passed.
Dissenting views: Two statements of reservation were filed. Opposition members Andrew Powell MP (Glass House) and Sam O'Connor MP (Bonney) raised concerns about patient safety in relation to allowing non-doctor health practitioners to prescribe and administer medical termination of pregnancy drugs, particularly in regional and remote areas with limited access to ultrasound equipment and emergency services. They also noted stakeholder concerns about the short consultation period and the replacement of the term 'woman' with 'person' in the legislation. Crossbench member Stephen Andrew MP (Mirani) filed a separate statement raising similar patient safety concerns, questioning safeguards for administering abortion drugs without ultrasound, access to pain management, and the planned expansion to additional health practitioner classes through regulation. He also expressed concern the bill went beyond the recommendations of the Senate Community Affairs Reference Committee and pre-empted several Commonwealth reviews on non-medical prescribing.
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Other Reports (15)

Health, Environment and Agriculture Committee: Report No. 14, 57th Parliament—Subordinate legislation tabled between 1 May 2024 and 11 June 2024, government response

Subordinate Legislation2025-01-28

Health, Environment and Agriculture Committee: Report No. 17, 57th Parliament-Subordinate legislation tabled between 12 June 2024 and 20 August 2024

Subordinate Legislation2024-09-20

Health, Environment and Agriculture Committee: Report No. 16, 57th Parliament-Consideration of Auditor-General Report 1: 2023-24 - Managing invasive species

audit2024-09-20

Health, Environment and Agriculture Committee: Report No. 14, 57th Parliament-Subordinate legislation tabled between 1 May 2024 and 11 June 2024

Subordinate Legislation2024-09-04

Health, Environment and Agriculture Committee: Report No. 13, 57th Parliament-Subordinate legislation tabled between 17 April 2024 and 30 April 2024

Subordinate Legislation2024-09-04

Health, Environment and Agriculture Committee: Report No. 12, 57th Parliament-Annual Report 2023-24

Other2024-08-26

Health, Environment and Agriculture Committee: Report No. 11, 57th Parliament-2024-25 Budget Estimates-Volume of Additional Information

Other2024-08-09

Health, Environment and Agriculture Committee: Report No. 11, 57th Parliament-2024-25 Budget Estimates

Other2024-08-09

Health, Environment and Agriculture Committee: Report No. 9, 57th Parliament-Subordinate legislation tabled between 20 March 2024 and 16 April 2024

Subordinate Legislation2024-07-11

Health, Environment and Agriculture Committee: Report No. 8, 57th Parliament-Impact of climate change on Queensland agricultural production

Other2024-05-28

Health, Environment and Agriculture Committee: Report No. 7, 57th Parliament-Subordinate legislation tabled between 14 February and 19 March 2024

Subordinate Legislation2024-05-28

Health, Environment and Agriculture Committee: Report No. 6, 57th Parliament-Subordinate legislation tabled between 29 November 2023 and 13 February 2024

Subordinate Legislation2024-05-01

Health, Environment and Agriculture Committee: Report No. 5, 57th Parliament-Subordinate legislation tabled between 15 November 2023 and 28 November 2023

Subordinate Legislation2024-04-12

Health, Environment and Agriculture Committee: Report No. 2, 57th Parliament-Subordinate legislation tabled between 25 October 2023 and 14 November 2023

Subordinate Legislation2024-03-01

Health, Environment and Agriculture Committee: Report No. 1, 57th Parliament-Subordinate legislation tabled between 11 October 2023 and 24 October 2023

Subordinate Legislation2024-02-21