Health and Other Legislation Amendment Bill (No. 2) 2023

An Act to amend the Criminal Code, the Hospital and Health Boards Act 2011, the Mental Health Act 2016, the Public Health Act 2005, the Termination of Pregnancy Act 2018 and the legislation mentioned in schedule 1 for particular purposes

1Short title

This Act may be cited as the Health and Other Legislation Amendment Act (No. 2) 2023.

2Commencement

The following provisions commence on a day to be fixed by proclamation—

(a)part 2;

(b)part 3, division 3;

(c)parts 4, 6 and 7;

(d)schedule 1.

3Code amended

This part amends the Criminal Code.

Note—

See also the amendments in schedule 1.

4Amendment of s 319A (Termination of pregnancy performed by unqualified person)

(1)Section 319A(1) and (2), ‘on a woman’—
omit, insert—

on another person

(2)Section 319A(2), note, from ‘woman’ to ‘herself’—
omit, insert—

person who consents to, assists in, or performs a termination on themself

(3)Section 319A(3), definition assisting, ‘woman’—
omit, insert—

person

(4)Section 319A(3)—
insert—

medical termination means a termination caused by use of a termination drug.

(5)Section 319A(3), definition prescribed student, paragraph (b)—
omit, insert—

(b)who assists in the performance of a termination on a person only—

(i)under the supervision of—

(A)a medical practitioner performing the termination; or

(B)for a medical termination—a registered health practitioner, to whom the Termination of Pregnancy Act 2018, section 6A applies, performing the termination; or

(C)a prescribed practitioner lawfully assisting in the performance of the termination; or

(D)the student’s primary clinical supervisor; and

(ii)to the extent necessary to complete the student’s program of study for, or clinical training in, the student’s health profession.

(6)Section 319A(3), definition unqualified person, paragraph (a)—
omit, insert—

(a)in relation to the performance of a termination—a person who is not—

(i)a medical practitioner; or

(ii)for a medical termination—a registered health practitioner to whom the Termination of Pregnancy Act 2018, section 6A applies; or

(7)Section 319A(3), definition unqualified person, paragraph (b), ‘a woman’—
omit, insert—

another person

(8)Section 319A(3), definition unqualified person, paragraph (b), after subparagraph (i)—
insert—

(ia)for a medical termination—a registered health practitioner to whom the Termination of Pregnancy Act 2018, section 6A applies; or

(9)Section 319A(3), definition unqualified person, paragraph (b)(ia) to (iii)—
renumber as subparagraphs (ii) to (iv).

(10)Section 319A(3), definition woman—
omit.

5Act amended

This part amends the Hospital and Health Boards Act 2011.

6Amendment of s 135 (Reports by clinical reviewers other than to provide advice to investigator)

Section 135(7)—
omit, insert—

(7)Subsection (8) applies if—

(a)a report is provided to the chief executive after a clinical review in the department or a Service; or

(b)a copy of a report is given to the chief executive under section 137 after a clinical review in a Service; or

(c)a report is provided to a health service chief executive after a clinical review in the Service.

7Amendment of s 199 (Reports by health service investigators)

Section 199(7)—
omit, insert—

(7)Subsection (8) applies if—

(a)a report is provided to the chief executive after an investigation in the department or a Service; or

(b)a copy of a report is given to the chief executive under section 200 after an investigation in a Service; or

(c)a report is provided to a health service chief executive after an investigation in the Service.

8Insertion of new pt 13, div 8

Part 13—
insert—

Division 8 Transitional provisions for Health and Other Legislation Amendment Act (No. 2) 2023

330Clinical reviews started before commencement

Section 135, as in force on the commencement, applies in relation to a clinical review for which a report is provided after the commencement, whether the review started before or after the commencement.

331Health service investigations started before commencement

Section 199, as in force on the commencement, applies in relation to an investigation for which a report is provided after the commencement, whether the investigation started before or after the commencement.

9Amendment of s 84 (Disclosure of information)

Section 84(1)—
insert—

(ca)to the chief executive under section 85A; or

10Insertion of new s 85A

After section 85—
insert—

85ADisclosure to prevent serious risk of harm

(1)This section applies if a committee forms a reasonable belief that a health professional, in the practice of the health professional’s profession, poses a serious risk of harm to a person because of the health professional’s health, conduct or performance.

(2)The committee must disclose to the health professional’s chief executive—

(a)the information that forms the basis of the reasonable belief; and

(b)the identity of the health professional.

(3)Subsection (2)(b) applies despite section 83(2).

(4)The chief executive must not disclose to another person information obtained under subsection (2), other than—

(a)if the chief executive is the chief executive of the department or a prescribed Service—

(i)to the extent necessary to allow the chief executive to perform the chief executive’s functions under this Act or the Public Sector Act 2022; or

(ii)for the purposes of making a notification about the health professional under the Health Practitioner Regulation National Law (Queensland), part 8, division 2; or

(b)if the chief executive is the chief executive of a private health facility—

(i)to the extent necessary to allow the chief executive to perform the chief executive’s functions relating to the management of the facility; or

(ii)for the purposes of making a notification about the health professional under the Health Practitioner Regulation National Law (Queensland), part 8, division 2.

(5)In this section—

chief executive, of a health professional, means—

(a)if the health professional is appointed as a health service employee or public service officer in the department—the chief executive of the department; or

(b)if the health professional is appointed as a health service employee in a prescribed Service—the health service chief executive of the prescribed Service; or

(c)if the health professional is employed in a private health facility—the licensee of the facility.

11Amendment of s 112 (Giving of copy of RCA report—patient safety entity)

(1)Section 112(4)(b), from ‘other than’ to ‘was given’—
omit.

(2)Section 112—
insert—

(4A)However, a person who performs functions for the entity may disclose the following information to another person for the authorised purpose for which the copy of the report was given—

(a)information contained in the copy of the report, including, for example, recommendations mentioned in section 100(1)(c);

(b)information mentioned in subsection (3)(a) and (b).

Example of disclosing information mentioned in subsection (4A)—

giving another person access, for the authorised purpose, to information mentioned in the subsection by including the information in an information system

(3)Section 112(5), ‘However,’—
omit, insert—

Also,

(4)Section 112(6), ‘(4)(b) or (c)’—
omit, insert—

(4)(c) or (4A)

12Amendment of s 138B (Prescription of minimum nurse-to-patient and midwife-to-patient ratios)

Section 138B(3)—
omit, insert—

(3)For this section—

(a)a nurse or midwife is taken to be engaged in delivering a health service only if directly involved in providing care to 1 or more of the patients receiving the service; and

(b)to remove any doubt, it is declared that if a person receiving care in a maternity ward gives birth, the person’s newborn baby is also counted as a patient receiving the service.

(4)In this section—

newborn baby includes a baby—

(a)who has shown no sign of respiration or heartbeat, or other sign of life, on being born; and

(b)who—

(i)has been gestated for 20 weeks or more; or

(ii)weighs 400 grams or more.

13Act amended

This part amends the Mental Health Act 2016.

14Amendment of ch 5, pt 5, div 2, hdg (Admissibility and use of evidence)

Chapter 5, part 5, division 2, heading, after ‘evidence’—
insert—

and transcript

15Amendment of s 157 (Admissibility of expert’s report at trial)

(1)Section 157, heading, after ‘expert’s report’—
insert—

and transcript

(2)Section 157, before unnumbered subsection—
insert—

(1)This section applies to—

(a)an expert’s report received in evidence by the Mental Health Court on a reference; and

(b)a transcript of the proceeding of the Mental Health Court on the reference.

(3)Section 157, unnumbered subsection—
number as section 157(2).

(4)Section 157(2), as numbered, from ‘An’ to ‘in relation to the reference’—
omit, insert—

The report and transcript are admissible at the trial of the person for the offence in relation to the reference, or any other offence alleged to have been committed by the person,

16Amendment of s 157A (Admissibility of expert’s report in proceeding before Magistrates Court)

(1)Section 157A, heading, after ‘expert’s report’—
insert—

and transcript

(2)Section 157A(1)—
omit, insert—

(1)This section applies to—

(a)an expert’s report received in evidence by the Mental Health Court on a reference; and

(b)a transcript of the proceeding of the Mental Health Court on the reference.

(3)Section 157A(2), from ‘The report’ to ‘Magistrates Court’—
omit, insert—

The report and transcript are admissible in a proceeding before a Magistrates Court for the offence in relation to the reference, or any other offence alleged to have been committed by the person,

17Replacement of s 160 (Other use of expert’s report)

Section 160—
insert—

160Other use of expert’s report

(1)This section applies to an expert’s report filed in the Mental Health Court Registry for a proceeding on a reference.

(2)The report may be given to, and used by, a person only with the leave of the court.

(3)The court may grant the leave subject to the conditions it considers appropriate.

(4)Despite subsection (2), if the report has been received in evidence by the court on the reference, the report may be given to—

(a)if an authorised mental health service is responsible for the person the subject of the reference—the administrator of the service; or

(b)if the forensic disability service is responsible for the person the subject of the reference—the administrator of the service; or

(c)the tribunal for conducting a review.

18Insertion of new ch 21, pt 4

Chapter 21—
insert—

Part 4 Transitional provision for Health and Other Legislation Amendment Act (No. 2) 2023

874Application of amendments about admissibility relating to references

(1)Chapter 5, part 5, division 2, as in force on the commencement, applies in relation to an expert’s report, or a transcript, for a proceeding for a reference if the reference is made after the commencement.

(2)For subsection (1), it is irrelevant whether the offence in relation to the reference, or any other offence alleged to have been committed by the person, is alleged to have been committed before or after the commencement.

19Act amended

This part amends the Public Health Act 2005.

20Amendment of s 279AF (Obligation to notify chief executive)

Section 279AF(4)—
insert—

(d)the chief medical officer for the Commonwealth Department of Health and Aged Care for the purpose of recording the information in a national register.

21Act amended

This part amends the Termination of Pregnancy Act 2018.

Note—

See also the amendments in schedule 1.

22Insertion of new s 6A

After section 6—
insert—

6AMedical termination by particular registered health practitioners

(1)This section applies to each of the following registered health practitioners—

(a)a practitioner whose health profession is midwifery;

(b)a practitioner whose health profession is nursing;

(c)another practitioner prescribed by regulation.

(2)The registered health practitioner may, in the practice of the practitioner’s health profession, perform a termination on a person if—

(a)the termination is a medical termination; and

(b)the practitioner is authorised under the Medicines and Poisons Act 2019, section 54 to carry out the activity that constitutes the performance of the termination.

(3)For subsection (2), a registered health practitioner performs a medical termination on a person if the practitioner prescribes, or gives a treatment dose of, a termination drug for use in the termination.

(4)In this section—

give a treatment dose, of a termination drug, has the meaning given under the Medicines and Poisons Act 2019, section 25(3).

23Amendment of s 7 (Registered health practitioners and students who may assist)

(1)Section 7, before subsection (1)—
insert—

(1AA)This section applies in relation to—

(a)the performance of a termination on a person by a medical practitioner; or

(b)the performance of a medical termination on a person by a registered health practitioner to whom section 6A applies.

(2)Section 7(1) and (2), from ‘a termination’ to ‘a medical practitioner’—
omit, insert—

the termination

(3)Section 7(2)(a)(i), after ‘practitioner’—
insert—

or registered health practitioner

(4)Section 7(3), ‘subsections (1) and (2)’—
omit, insert—

subsections (2) and (3)

(5)Section 7(3), from ‘performed by’—
omit, insert—

performed by—

(a)the medical practitioner other than under section 5 or 6; or

(b)the registered health practitioner other than under section 6A.

(6)Section 7(1AA) to (3)—
renumber as section 7(1) to (4).

24Amendment of s 8A (Prescribed student with conscientious objection)

(1)Section 8A(1)(a), ‘a woman’—
omit, insert—

another person

(2)Section 8A(3), definition relevant person, after paragraph (a)—
insert—

(aa)for a medical termination—a registered health practitioner, to whom section 6A applies, performing the termination; or

(3)Section 8A(3), definition relevant person, paragraphs (aa) to (c)—
renumber as paragraphs (b) to (d).

25Amendment of sch 1 (Dictionary)

Schedule 1—
insert—

medical termination means a termination caused by use of a termination drug.

26Legislation amended

Schedule 1 amends the legislation it mentions.

section 26

1Section 313(1), ‘a female’—

omit, insert—

another person

2Section 313(1A), note, ‘woman’s’—

omit, insert—

person’s

3Section 313(1A), note, ‘herself’—

omit, insert—

themself

4Section 313(2), ‘a female pregnant’—

omit, insert—

another person who is pregnant

1Schedule 2, section 11, example 2, ‘woman’—

omit, insert—

person

1References to women—

Each of the following provisions is amended by omitting ‘women’ and inserting ‘persons’—

•section 3(a)

•section 13, definition termination services premises, paragraph (a).

2References to woman—

Each of the following provisions is amended by omitting ‘woman’ and inserting ‘person’—

•section 5

•section 6

•section 8

•section 9

•section 10

•schedule 1, definition assisting.

3Section 6, ‘woman’s’—

Section 6, ‘woman’s’—
omit, insert—

person’s

4Section 8(3), ‘her’—

omit, insert—

the person’s

5Section 9(1)(a), ‘or 6’—

omit, insert—

, 6 or 6A

6Section 10, heading, ‘Woman’—

omit, insert—

Person

7Section 10, ‘herself’—

omit, insert—

themself

8Schedule 1, definition woman—

omit.

© State of Queensland 2023