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notification, within the period prescribed by
regulation, that—
(a) is in the approved form under the
Commonwealth Act; and
(b) states the minimum notification information
in relation to the person.
Maximum penalty—20 penalty units.
(3) Subsection (2) applies whether or not the person
consents to the notification.
(4) In this section—
minimum notification information see the
Commonwealth Act, section 12(2).
notifiable occupational respiratory disease—
(a) means a medical condition, prescribed by
regulation, that is—
(i) associated with a person’s respiratory
system; and
(ii) likely to have been caused or
exacerbated, in whole or in part, by the
person’s work or workplace; but
(b) does not include a medical condition that is
a prescribed occupational respiratory
disease under the Commonwealth Act.
Note—
See the Commonwealth Act, section 14 in relation
to notifying information about prescribed
occupational respiratory diseases under that Act.
person includes a person who is deceased.
279AC Authorisation relating to information in
national registry
(1) This section applies if—
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(a) a prescribed medical practitioner—
(i) gives the Commonwealth chief
medical officer information for
inclusion in the national registry; or
(ii) corrects or updates information in the
national registry; and
(b) the giving, correcting or updating of the
information is—
(i) required or permitted under this Act or
the Commonwealth Act; or
(ii) in compliance with a request for
information made under the
Commonwealth Act; and
(c) the prescribed medical practitioner would
otherwise be required to maintain
confidentiality about the information under
an Act, oath, rule of law or practice.
(2) The prescribed medical practitioner—
(a) does not contravene the Act, oath, rule of
law or practice by giving, correcting or
updating the information; and
(b) is not liable to disciplinary action for giving,
correcting or updating the information.
(3) Also, merely because the prescribed medical
practitioner gives, corrects or updates the
information, the practitioner can not be held to
have—
(a) breached any code of professional etiquette
or ethics; or
(b) departed from accepted standards of
professional conduct.
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Division 2 Historical dust lung
disease register
279AD Definitions for division
In this division—
confidential information—
(a) means information about a person’s
personal affairs or health that is, or has been,
recorded in the historical dust lung disease
register; but
(b) does not include information that is publicly
available.
disclose includes give access to.
historical dust lung disease register means the
register kept under section 279AE.
information includes a document.
relevant person means—
(a) a person who is, or has been, the chief
executive; or
(b) a person who—
(i) is, or has been, a public sector
employee performing functions under,
or relating to the administration of, this
Act; and
(ii) in that capacity, has acquired or has
access to confidential information; or
(c) a person who, in compliance with this Act,
gave confidential information to a person
mentioned in paragraph (a) or (b); or
(d) a person who, whether directly or indirectly,
has acquired or has access to confidential
information from, or through involvement
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with, a person mentioned in paragraph (a),
(b) or (c).
279AE Chief executive to keep information in
historical dust lung disease register
(1) The chief executive must keep a register of
historical dust lung disease information in a form
the chief executive considers appropriate,
including, for example, an electronic form.
(2) In this section—
former section 279AB means section 279AB as in
force from time to time before the
commencement.
historical dust lung disease information means
the information that was kept, immediately before
the commencement, in the Notifiable Dust Lung
Disease Register under former 279AB.
279AF Restriction on disclosure of confidential
information
(1) A relevant person must not disclose, directly or
indirectly, confidential information to another
person other than under this division.
Maximum penalty—50 penalty units
(2) The Hospital and Health Boards Act 2011,
section 142 or 142A does not apply to a relevant
person in relation to disclosing confidential
information.
279AG Disclosure generally
A relevant person may disclose confidential
information to another person—
(a) to the extent the disclosure is required or
permitted under this Act or another Act, or
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to perform the relevant person’s functions
under this Act or another Act; or
(b) with the consent of the person to whom the
information relates; or
(c) in compliance with a lawful process
requiring the production of documents or
giving of evidence before a court or
tribunal; or
(d) if the information is in a form that does not
identify the person to whom the information
relates; or
(e) if the disclosure is otherwise required or
permitted under another law.
279AH Disclosure for data collection and public
health monitoring
The chief executive may disclose confidential
information to a person who is contracted by the
department to analyse, monitor or evaluate public
health if—
(a) the person is authorised in writing by the
chief executive to receive the information;
and
(b) the chief executive is satisfied the person
will use the information only for analysing,
monitoring or evaluating public health.
279AI Disclosure to entity of the State or
corresponding entity
(1) This section applies if the disclosure of
confidential information is required or permitted
under an agreement that—
(a) is between—
(i) the chief executive or the State; and
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(ii) an entity of the State or a
corresponding entity; and
(b) is prescribed by regulation.
(2) The chief executive may disclose confidential
information to the entity of the State, or the
corresponding entity, as required or permitted
under the agreement.
(3) A person or entity that receives the confidential
information may disclose the information if the
disclosure is—
(a) required or permitted under the agreement;
or
(b) permitted, in writing, by the chief executive.
(4) In this section—
agreement includes arrangement.
corresponding entity means—
(a) a department of the Commonwealth or
another State; or
(b) an entity established, under a law of the
Commonwealth or another State, for a
public purpose.
279AJ Disclosure of information for investigation
under Coroners Act 2003
(1) This section applies if a coroner is investigating
the death of a person.
(2) The chief executive may disclose confidential
information that is relevant to the person’s death
to—
(a) the coroner; or
(b) a police officer helping the coroner to
investigate the person’s death.
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(3) The coroner or police officer may disclose the
confidential information to another person for the
purpose of the investigation.
45 Amendment of s 399 (General powers after entering
places)
Section 399—
insert—
(6) To remove any doubt, it is declared that the power
mentioned in subsection (3)(e) includes the power
to leave at the place for a reasonable period the
equipment and materials mentioned in that
paragraph.
46 Insertion of new ch 12, pt 11
Chapter 12—
insert—
Part 11 Transitional provisions
for Health Legislation
Amendment Act (No. 2)
2025
519 Definition for part
In this part—
former, for a provision of this Act, means the
provision as in force from time to time before the
commencement.
520 Application of new ch 6, pt 3A to particular
diagnoses made before commencement
(1) This section applies if—
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(a) before the commencement, a medical
practitioner diagnosed a person with a
notifiable dust lung disease within the
meaning of former section 279AA; and
(b) immediately before the commencement—
(i) former section 279AF(2) applied in
relation to the diagnosis; and
(ii) the prescribed period mentioned in
former section 279AF(2) had not
ended; and
(iii) the medical practitioner had not
complied with former section
279AF(2); and
(c) on the commencement, the disease is a
notifiable occupational respiratory disease
under new section 279AB.
(2) New chapter 6, part 3A, division 1 applies in
relation to the diagnosis as if the diagnosis were
made on the commencement.
(3) In this section—
new, for a provision of this Act, means the
provision as in force from the commencement.
521 Proceedings for particular offences
(1) This section applies in relation to an offence
against former sections 279AF(2), 279AG(4) or
279AL(1) committed by a person before
the commencement.
(2) Without limiting the Acts Interpretation Act 1954,
section 20, a proceeding for the offence may be
continued or started, and the person may be
convicted of and punished for the offence, as if
the Health Legislation Amendment Act (No. 2)
2025, section 44 had not commenced.
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(3) Subsection (2) applies despite the Criminal Code,
section 11.
47 Amendment of sch 2 (Dictionary)
(1) Schedule 2, definitions approved operator, health
practitioner, notifiable dust lung disease, occupational
exposure, regulator, relevant chief executive and relevant
employee—
omit.
(2) Schedule 2—
insert—
Commonwealth Act, for chapter 6, part 3A,
division 1, see section 279AA.
Commonwealth chief medical officer, for
chapter 6, part 3A, division 1, see section 279AA.
disclose, for chapter 6, part 3A, division 2, see
section 279AD.
health practitioner, for chapter 4A, see section
157A.
historical dust lung disease register, for chapter
6, part 3A, division 2, see section 279AD.
national registry, for chapter 6, part 3A, division
1, see section 279AA.
(3) Schedule 2, definition confidential information, paragraph
(h)—
omit, insert—
(h) for chapter 6, part 3A, division 2, see
section 279AD.
(4) Schedule 2, definition health information held by a health
agency, paragraph (a)(iii) and (iv)—
omit, insert—
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Health Legislation Amendment Bill (No. 2) 2025
Part 4 Amendment of Public Health Regulation 2018
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(iii) for chapter 6, part 4, information about a
person’s health or the provision of a health
service to a person held or obtained by a
contractor for the contractor to keep the
Queensland Cancer Register; and
(5) Schedule 2, definition information, paragraph (h)—
omit, insert—
(h) for chapter 6, part 3A, division 2, see
section 279AD.
(6) Schedule 2, definition prescribed medical practitioner, after
‘part 3A,’—
insert—
division 1,
(7) Schedule 2, definition register, paragraphs (c) and (d)—
omit, insert—
(c) for chapter 6, part 4, see section 280.
(8) Schedule 2, definition relevant person, paragraph (h)—
omit, insert—
(h) for chapter 6, part 3A, division 2, see
section 279AD.
Part 4 Amendment of Public Health
Regulation 2018
48 Regulation amended
This part amends the Public Health Regulation 2018.
49 Replacement of pt 8, div 5 (Notifiable dust lung diseases)
Part 8, division 5—
omit, insert—
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Division 5 Notifiable occupational
respiratory diseases
Subdivision 1 Notifying information for
national registry
49A Prescribed medical practitioners—Act, s
279AA
For section 279AA of the Act, definition
prescribed medical practitioner, the prescribed
class of persons is medical practitioners registered
under the Health Practitioner Regulation National
Law as specialist health practitioners in either of
the following specialties or specialty fields—
(a) occupational and environmental medicine;
(b) respiratory and sleep medicine.
49B Prescribed period—Act, s 279AB
For section 279AB(2) of the Act, the period
prescribed is 30 days from the day the prescribed
medical practitioner diagnoses the person with the
notifiable occupational respiratory disease.
49C Notifiable occupational respiratory
diseases—Act, s 279AB
For section 279AB(5) of the Act, definition
notifiable occupational respiratory disease,
paragraph (a), each of the following medical
conditions is prescribed to the extent the condition
is likely to have been caused or exacerbated, in
whole or in part, by exposure to inorganic dust—
(a) pneumoconiosis, other than silicosis;
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Examples—
asbestosis, coal worker’s pneumoconiosis and
mixed-dust pneumoconiosis
Note—
Silicosis is a prescribed occupational respiratory
disease under the Commonwealth Act.
(b) cancer;
(c) chronic obstructive pulmonary disease.
Examples—
chronic bronchitis and emphysema
Subdivision 2 Information in historical
dust lung disease register
49D Prescribed agreement—Act, s 279AI
For section 279AI(1)(b) of the Act, the agreement
mentioned in schedule 3, part 4 is prescribed.
50 Amendment of sch 3 (Agreements)
Schedule 3, part 4, heading, ‘notifiable dust lung diseases’—
omit, insert—
historical dust lung disease register
Part 5 Amendment of Queensland
Mental Health Commission Act
2013
51 Act amended
This part amends the Queensland Mental Health Commission
Act 2013.
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52 Amendment of s 21 (Vacancy in office of commissioner)
(1) Section 21(1), before paragraph (a)—
insert—
(aa) completes a term of office and is not
reappointed; or
(2) Section 21(1)(aa) to (e)—
renumber as section 21(1)(a) to (f).
53 Replacement of s 23 (Acting commissioner)
Section 23—
omit, insert—
23 Acting commissioner
(1) This section applies if—
(a) the office of the commissioner is vacant; or
(b) the commissioner is absent from duty or
otherwise unable to perform the
commissioner’s functions.
(2) The Minister may appoint a person, other than a
member of the council, to act as commissioner for
a period of not longer than 6 months.
(3) However, the Minister may extend the
appointment for a further period of not longer
than 6 months.
(4) This section does not limit the Governor in
Council’s power under the Acts Interpretation Act
1954, section 25(1)(b)(iv) or (v).
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