If your ears are burning, that's because AMA Queensland keeps getting shout outs in Queensland Parliament in regards to Health and Other Legislation Amendment Bill 2022 and Police Powers and Responsibility and Other Legislation Amendment Bill 2023
Health and Other Legislation Amendment Bill 2022
Minister for Health and Ambulance Services Yvette D'Ath MP
I note that this amendment has been supported by the Australian Medical Association Queensland. These amendments will support the many initiatives that Queensland Health already has in place to support staff. For clinical staff and students, this includes wellbeing workshops, a statewide wellbeing and resilience program, a mental health and wellbeing summit and a wellbeing working group. This year a new online wellbeing education and training program has started for junior doctors across Queensland thanks to a partnership with Mater Education Ltd. There are also employee assistance services, peer support programs, staff wellbeing check-ins, wellbeing monitoring programs, nutritional food options, end-of-trip facilities, health education programs and leadership development programs. I also want to acknowledge what our other health stakeholders do-the colleges, ASMOF, the unions and the AMAQ, which also has initiatives to support its membership base in terms of wellbeing.
The member for Southport also mentioned that local hospitals need local solutions for their staff. Let me assure the member for Southport that the bill will further encourage HHSs and boards to meet their staff wellbeing obligations in a way that complements their unique operating environments, staff make-up and geographical locations…
Shadow Minister for Environment and the Great Barrier Reef Sam O'Connor
The changes to the Hospital and Health Boards Act 2011 are well intentioned, but there are still concerns they will not address the underlying cause of widespread burnout, stress, fatigue and all of the other things our frontline health workers are going through every hour of every day. These amendments will introduce a proactive requirement on hospital and health boards and hospital and health services to consider the health, safety and wellbeing of their workers.
I want to share the comments of the AMAQ at our public hearing on 31 January. They talked about surveys they have done of their doctors in all HHSs which disclosed some really shocking claims of rampant bullying and even suicide attempts. At that hearing their CEO, Dr Brett Dale, talked about the Resident Hospital Health Check surveys they have been running for the last seven years. He said-
"Year in and year out, you get a response of up to about a thousand doctors eligible for that survey. Every year we get near 40 per cent of all doctors participating in that claiming that they have been bullied or harassed in the workplace and feel stressed to some degree. We have had suicides across Queensland. Each year we have provided that feedback to the Hospital and Health Services in a collegiate way. It was not about naming and shaming, but it was to give them the information to address that."
In every year out of that 40 per cent something like 60 per cent feel like there has been no resolution or action to address their bullying or harassment complaint. That is seven years running with no change.
He talked about boards needing to be held accountable to bring the badly needed change they have been calling for. I guess the concept behind that is that accountability will hopefully change behaviour. I do still think there are questions about whether this does that.
At the committee hearings the department confirmed they will just review how this is rolled out with their normal processes. They said that this bill was 'never intended to be a compliance measure'. When asked about how this would be rolled out and what the tangible benefits would be, they instead pointed to other state and Commonwealth acts such as the Workplace Health and Safety Act and other health and wellbeing programs for staff.
Shadow Minister for Education, Shadow Minister for the Arts Dr Christian Rowan
I wish to particularly acknowledge the submission of the Australian Medical Association of Queensland which, whilst welcoming these wellbeing amendments, also advocated for an independent evaluation of all measures implemented by each Hospital and Health Service in support of the amendments, and that these evaluations be made public on an annual basis. It is very important that transparency is provided there to see not only what is currently occurring across the public sector health workforce but also those changes that are being implemented and benefits that are being achieved.
I would also say in relation to some of the testimony and submission from health professional associations, including the Australian Medical Association, the professional leadership across the professions is very important when it comes to eliminating bullying in Hospital and Health Services. Certainly some of the surveys that the Australian Medical Association of Queensland has highlighted, particularly in relation to junior doctors, is very troubling. We must eliminate the bullying that occurs in relation to junior doctors because eventually they become the senior leaders of the profession, and culturally you cannot have a situation where they have been modelled in a particular way or seen particular behaviours undertaken that then they implement themselves. It has health and wellbeing implications for all of those services, it has health and wellbeing consequences for staff, but importantly we need professional leadership there to assist with that as well.
It also has implications for health workforce recruitment and retention. Sometimes when we see particular hospitals struggling in certain parts of Queensland, again the culture that exists there is very problematic and that is leading to not only a loss of staff, but problems recruiting staff as well. All of these things are extremely important. Accordingly, I note the comments and recommendation No. 2 of the Health and Environment Committee that-
Hospital and Health Services and Hospital and Health Boards regularly report on their progress on supporting staff health, safety and wellbeing, at a minimum in their annual reports.
That is a very important transparency and accountability measure and one that deserves to be adopted and implemented.
Whilst efforts to improve the safety and wellbeing of frontline health and hospital staff are welcomed, the measures contained within this legislation do not even begin to address the systemic underlying issues that are at the core of staff burnout, fatigue and underappreciation, and that goes to resourcing particularly within many of our Hospital and Health Services; that they are given the equipment, the staffing members and all the other resources to provide patient services….
Member for Glass House Andrew Powell
I want to focus my attention on the amendments to the Hospital and Health Boards Act 2011 that will require Hospital and Health boards and Hospital and Health Services to proactively consider ways to support staff health, safety and wellbeing. Where has this come from? The member for Bonney and the Member for Moggill said that the Queensland Nurses and Midwives' Unions and the Australian Medical Association Queensland have expressed concerns to the government around what is going on in our frontline public health services. I note the submission from the Queensland Nurses and Midwives' Union to the inquiry talked about the results of their own membership surveys that have identified workplace violence, demanding and dangerous workloads, moral distress and fatigue/burnout as key wellbeing issues for their members. Similarly, the Australian Medical Association Queensland observed that a survey it sends to its members working in Hospital and Health Services, what it calls the Resident Hospital Health Check, has consistently received feedback from a significant number of doctors saying that they have experienced workplace bullying or harassment and feelings of stress, with incidents of suicide amongst doctors also being reported. The AMA Queensland passes the survey feedback on to the Hospital and Health Services to keep them informed about staff wellbeing concerns.
We have clearly seen, as has been brought to this chamber previously, practices going on in my part of the world in the Caboolture Hospital. I will refer to a number of Courier-Mail articles. The first is written by Jill Poulsen on 3 November 2021 and reports on an independent review undertaken by the Metro North Hospital and Health Service into surgical and intensive care units. It states-…
Police Powers and Responsibility and Other Legislation Amendment Bill 2023
Minister for Police and Corrective Services and Minister for Fire and Emergency Services Mark Ryan
I want to acknowledge the tenacious advocacy of Dr Erin Lalor of the Alcohol and Drug Foundation, Rebecca Lang of the Queensland Network of Alcohol and Other Drug Agencies, Dr Maria Boulton of the Australian Medical Association of Queensland and her predecessor Dr Chris Perry, and Matt Noffs of the Noffs Foundation. In relation to this proposal, members of this house have a clear choice: they can be on the side of the police, on the side of the research and on the side of national consistency, or they can choose the opposite…
Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence Shannon Fentiman
The Palaszczuk Government is committed to breaking the cycle of reoffending by increasing the health response to what is primarily a health issue. The call for the expansion of the police drug diversion program has also been strongly advocated for by the Australian Medical Association Queensland, and the government has listened. The AMAQ called for this expansion to treat substance use as a health issue, address the underlying causes of substance use, encourage help-seeking behaviours and increase contact with the health system.
The AMAQ's position is informed by the insights and experiences of a multidisciplinary team of experts on a Queensland Drug Law Reform Roundtable. In 2019 the Queensland Productivity Commission found that diversionary options were being underutilised in Queensland. It found that imprisonment is an expensive response to crime. It is estimated that each diversion done by way of warning saves over $2,000 and each diversion done by way of treatment saves around $9,200 in criminal justice costs.
The Palaszczuk government is committed to delivering innovative projects that reduce demand on the criminal justice system. It is why we have established the Criminal Justice Innovation Office to identify, develop, implement and support initiatives to address the increasing imprisonment rate in Queensland. This bill strikes the appropriate balance between holding serious drug offenders to account and ensuring that individuals who would more appropriately be diverted away from our criminal justice system are provided with the treatment that they need. I commend the Bill to the House.
Member for Macalister Melissa McMahon
Honourable members do not have to take my word for it; I have only spent a couple of decades on the front line. How about the AMA Queensland, which said it has been-
… calling for urgent drug law reform for several years and welcomes the introduction of the Bill.
They stated-
"Those at risk of addiction also need prevention and early intervention measures such as mental health support and education about drug harm."
That is drug diversion. What about the Mental Health Commission? They stated-
"The Commission welcomes the Police Powers and Responsibilities and Other Legislation Amendment Bill 2023 that includes the expansion of the Police Drug Diversion Program …"
Justice focused approaches are inconsistent with contemporary evidence, best practice and the harm reduction pillar of the National Drug Strategy …
We want Queenslanders to thrive. We want Queenslanders who have addiction issues to have the opportunity of intervention at the first opportunity. If police offer those referrals, then those Queenslanders will have the opportunity to thrive and be part of a community…
Assistant Minister for Hydrogen Development and the 50% Renewable Energy Target by 2030 Lance McCallum
It is very important to put on the record that the Queensland Police Service supports this approach. Every one of Queensland's Queensland-based commissioners since the Fitzgerald era has supported this approach. The Women's Safety and Justice Taskforce recommended that government should consider adopting a health system response to certain drug-related offences like these. Health experts support this approach. The AMAQ is on record as supporting this. It would seem that the only people who do not support are the Queensland LNP, who as part of this debate have stated their opposition to it.
I will read some quotes from some of the people who do support the measures that are contained in this bill. The current Police Commissioner Katarina Carroll is on the record as saying-
"I wanted this reform because research shows that if you divert people early to health and education services they are less likely to reoffend."
She goes on to say, "It just makes sense."
Former Police Commissioner Bob Atkinson is on the record as saying-
"Our response to illegal drug use should have as many options as possible. This doesn't mean that they get off, but that they have chances to make better choices."
Former Police Commissioner Ian Stewart is on the record as saying-
"Expanding drug diversion is not about going soft on crime. Just the opposite. It is a way of offering real hope to those caught up in drug use and providing a proven pathway to better personal wellbeing away from the criminal justice spiral. Increasing penalties for drug trafficking in the state while broadening the ability of police when dealing with minor personal drug use shows a commitment to going hard on the real criminals involved in the drug trade."
Former Australian Federal Police Commissioner Mick Palmer is on the record as saying-
"I welcome the government's decision to implement a diversionary approach to the use and possession of drugs."
Finally, the current president of the AMAQ Maria Boulton is on record as saying-
"We've been calling for this change since 2001. Our focus has to be on helping people to stop their drug use, not seeing them end up in the criminal justice system."
By drawing on the best evidence-based practices we can start treating drug use predominantly as a health problem instead of a criminal issue. Courts do not need to get needlessly clogged up with minor cases that are fundamentally a health issue. Indeed, sometimes unfortunately the individuals that are charged with these minor offences clogging up the courts do not get the help they need. It is a lose-lose situation for all parties concerned…
Shadow Minister for Natural Resources, Mines and Energy Patrick Weir
The police drug diversion program is legislated under section 379 of the Police Powers and Responsibilities Act 2000. It allows police to offer an eligible person the opportunity to participate in a drug diversion assessment program as an alternative to prosecution. It is only available for minor drug offences. These amendments have been supported by the AMAQ. They have publicly called for an expansion of the police drug diversion program and have taken the position that substance use should be treated as a health issue to address the underlying causes of substance use. The QPS also stated that drug diversion provides an opportunity to connect the users of illicit drugs with information and, most importantly, treatment. This is not only important for the individual and their health; but it is also an opportunity to mitigate the impacts of illicit drug use in the community.
Member for Scenic Rim Jon Krause
Mr KRAUSE: Absolutely: quid pro quo. The second thing to know about this is that this is the first step towards decriminalisation. This government has set us on a path to legalising the use of all of these harmful drugs altogether-heroin, cocaine, ice, speed, ketamine and others.
Member for Thuringowa Aaron Harper: It's ketamine!
Mr KRAUSE: Ketamine? Okay. You know about it, and I understand. It is interesting to note that the Queensland Mental Health Commissioner prefers this approach-the decriminalisation of all drugs-despite the huge impacts that drug use can have on the mental health of users, their families and their communities. I also want to take issue with the claim that this bill sees drug use treated more like a health issue than a criminal issue. Why were there no health officials briefing the committee, of which I was a part, about the health impacts of this? It was the police we spoke to. Beyond acknowledging the harmful impact of drugs in a general sense, the police representatives could not offer any advice about the health impacts of the drugs which have been green lighted by this bill. What is going on?
A government member: Did you listen to the AMA too?
Mr KRAUSE: I saw the submission from the AMA, but I wanted to hear from Queensland Health on what the government's view is about the health impacts of this bill and about what it is doing. There was a submission from the Psychedelic Society of Australia and I noted that the submission from the Psychedelic Society of Australia supported the bill. I asked its witnesses if they could outline the health impacts of using these drugs and the Psychedelic Society of Australia was very obliging. In fact, it outlined quite a number of health impacts of using those types of drugs and I would submit that many of them were quite harmful. We did not hear from the government; we heard from some witnesses.