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Public Health Bill 2005
Public Health Bill 2005
Explanatory Notes for Amendments to be
moved during consideration in detail by The
Honourable Stephen Robertson MP, Minister
for Health
Title of the Bill
Public Health Bill 2005
Objectives of the Amendments
The Public Health Bill 2005 (the Bill) is to be amended to:
· clarify that the contractor for the Queensland Cancer Register can
provide information from the Register to a researcher, if the provision
of this information has been approved by the chief executive under
Chapter 6, Part 4 (Research);
· clarify that information held and obtained by the contractor for the
Queensland Cancer Register is `health information held by the
department' for the purposes of Chapter 6, Part 4;
· correct minor drafting errors in clauses 15, 155, 249, 250 and 462; and
· update the functions of the Chief Health Officer and remove the
statutory position of Manager of Public Health Services for the State,
in line with recommendations made in the Queensland Health
Systems Review Final Report (QHSR Report) in September 2005.
Achievement of the Objectives
Chapter 6, Part 2 (Cancer notifications) provides for the establishment and
operation of the Queensland Cancer Register (Register) by the chief
executive of Queensland Health. The Bill enables the chief executive to
enter into an agreement with a contractor to maintain the Register on the
chief executive's behalf. The Queensland Cancer Fund has managed the
Register on behalf of the chief executive since October 2000. Clause 476
of the Bill provides for the existing agreement with the Fund to remain in
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Public Health Bill 2005
force as if it were an agreement under clause 232 of the Bill for the keeping
of the Register.
Clause 248 of the Bill makes it an offence for the contractor for the
Register, or an employee of the contractor, to disclose information obtained
in relation to the Register, unless the disclosure is authorised under clause
249 or 250. Both clause 249 and 250 incorrectly refer to section 247 rather
than section 248.
Clause 249 and the definition of `health information held by the
department' are to be amended to clarify how the mechanisms under the
Bill for the provision of information to approved researchers operate in
relation to the Register. Chapter 6, part 4 (Research) of the Bill sets out the
circumstances under which a person or entity conducting research may
apply to the chief executive of Queensland Health for access to `health
information held by the department'.
Consequential provisions for the Health Services Act 1991 are to be
amended to update the functions of the Chief Health Officer in accordance
with the QHSR Report. The Chief Health Officer's functions will be to
provide high level medical advice on health issues, particularly on policy
and legislative matters associated with population health, emergency
services and mental health.
Clause 455 of the Bill, which provides for the statutory position of
Manager of Public Health Services for the State will be omitted.
Responsibility for Population Health is being transferred to the Chief
Health Officer and Area Health Services, following recommendations in
accordance with the QHSR Report.
Clause 463 of the Bill will also be omitted as transitional arrangements for
the continuation of the appointment of the Manager are no longer required.
Notes on Provisions
Clause 1 amends clause 15 to correct a subsection reference by replacing
the reference to subsection (2) with a reference to subsection (3).
Clause 2 amends clause 155 to correct a drafting error. The word `state' is
unnecessarily duplicated in paragraph (1)(e).
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Public Health Bill 2005
Clause 3 amends clause 249 to correct a section reference by replacing the
reference to section 247 with a reference to section 248.
Clause 4 amends clause 249 to explicitly state that the contractor for the
Queensland Cancer Register may disclose information from the Register
directly to a researcher, provided that:
· under Chapter 6, Part 4 of the Bill, the chief executive decides that the
person or entity conducting research should be provided with
information from the Register; and
· the chief executive authorises the contractor, in writing, to disclose the
information.
Clause 5 amends clause 250 to correct a section reference by replacing the
reference to section 247 with a reference to section 248.
Clause 6 amends clause 455 to remove the statutory position of Manager of
Public Health Services for the State.
Clause 7 amends clause 462 to omit the words `without limiting subsection
(1)' in accordance with current drafting style.
Clause 8 amends clause 463 to omit the transitional provision about the
appointment of Manager of Public Health Services for the State as the
statutory position will not be retained.
Clause 9 amends Schedule 1 regarding the Health Services Act 1991 to
update the function of the Chief Health Officer to provide high level
medical advice on population health, emergency services and mental
health.
Clause 10 amends the definition of `health information held by the
department' in Schedule 2 to clarify that this definition includes
information about a person's health or the provision of a health service to
the person held or obtained by a contractor for the contractor to keep the
Queensland Cancer Register.
© State of Queensland 2005