Report No. 59 - Health Legislation Amendment Bill 2014

Committee Details

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Referral

On 9 September 2014, the Health Legislation Amendment Bill 2014 was introduced into the Legislative Assembly by the Hon Lawrence Springborg MP, Minister for Health. 

The Bill was referred to the Health and Community Services Committee in accordance with Standing Order 131. The committee is required to report to the Legislative Assembly by 17 November 2014. 

The Bill

The Bill proposes to amend the following health portfolio Acts:

the Ambulance Service Act 1991 and the Hospital and Health Boards Act 2011 to make amendments to the legislative framework for Root Cause Analysis in light of the Review of Root Cause Analysis Legislation

the Health Ombudsman Act 2013 to correct a reference to the Act under which the Privacy Commissioner is appointed

the Hospital and Health Boards Act 2011 to include a new exception to the duty of confidentiality to allow sharing of patient information with non-government service providers who provide public health services for Queensland Health

the Mental Health Act 2000  to amend the definition of psychiatrist following changes made to the categories of registration by the Australian Health Practitioner Regulation Agency

the Public Health Act 2005 to transfer civil liability for asbestos-related matters from local governments to the State

the Radiation Safety Act 1999 to allow the renewal of recently expired renewable Act instruments, clarify the Act’s operation in relation to banned radiation sources and practices, and clarify the responsibilities for records of the former Radiological Advisory Council of Queensland

the Tobacco and Other Smoking Products Act 1998 to extend smoking bans on and around health facilities, school grounds and in prisons; and to apply existing tobacco laws to personal vaporising devices, e.g. electronic cigarettes, including prohibiting sale and supply to children, restricting advertising and display, and prohibiting use in smoke-free places, and

the Transplantation and Anatomy Act 1979 to facilitate national blood supply arrangements, facilitate legitimate trade in tissue-based therapeutic products, allow the Minister to delegate functions under the Act, and clarify that the Research Involving Human Embryos and Prohibition of Human Cloning for Reproduction Act 2003 prevails to the extent of any inconsistency between the two Acts.  

The Bill, Explanatory Notes and the Minister’s Explanatory Speech are available at the links below:

Submissions

Submissions closed on 3 October 2014. Submissions that were accepted are published on the ‘Submissions’ tab at the top of this page

Briefing

A public briefing on the Bill was provided by the Department of Health on Wednesday 10 September 2014. The transcript of the briefing is available here.

Hearing

The committee held a Public Hearing on the Bill on 29 October 2014. The transcript of the hearing is available here. Further documents related to the hearing:

Tabled Paper - Position statement - Electronic cigarettes

Tabled Paper - Letter to Dr Margaret Chan, Director General, World Health Organization, Geneva, dated 16 June 2014

Public Hearing Document - Article "Duelling letters: which one would you sign?"

Report

On 17 November 2014, the Committee tabled its Report No. 59, Health Legislation Amendment Bill 2014. A copy of the report is available here or can be accessed under the 'Related Publications' tab. Documents related to the report:

On 26 November 2014, the Minister for Health tabled the Queensland government’s response to the report – available here.

Bill Passed

The Bill was debated by the Parliament and passed with amendment on 26 November 2014, and is Act No 65 of 2014.

During the debate, the Minister for Health, Hon. Lawrence Springborg MP, tabled an Erratum to the Explanatory Notes for the Bill.

The Minister for Health, and the Minister for Minister for Housing and Public Works, Hon. Tim Mander MP, each moved amendments to this Bill during consideration in detail. The amendments and Explanatory Notes to the amendments are available:

The transcript of the parliamentary debate is available here. By clicking the icon immediately before each speaker’s name, you can view video footage of each speaker’s debate.

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