NSW Fines for Not Telling Patients About Positive STI Tests, Rules for Surveillance Devices, and Expanded Health Care Complaints Commission Powers

Health Legislation Amendment (Miscellaneous Provisions) Bill 2026

23 Sep 2026: MPs in the first house are debating whether this bill is a good idea in principle.

Legislative Assembly

Legislative Council

Assent

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Topics

court procedures criminal penalties health services healthcare medical laboratories mental health pathology testing privacy public health sexually transmitted infections surveillance +6 more

Introduced by: The Hon Ryan Park MP (ALP)

Links to official parliament websites

Official page: progress through parliament

Effects of this bill

If this bill passes, it means that:

After investigating a complaint against a health practitioner, the Health Care Complaints Commission can now decide to start and run legal proceedings for certain offences under the Health Care Complaints Act or Public Health Act, without first having to consult the practitioner's professional registration council.
Pathology staff who certify a positive sexually transmitted infection test that was not requested by a doctor must tell the patient prescribed information about the infection as soon as practicable, or face a fine of up to 50 penalty units (2026: $5,500).
Pathology laboratories must report Category 3 notifiable conditions to the Health Secretary regardless of who requested the test; doctors who requested the test must give the lab or Secretary the information needed to make that report.
The Health Secretary can now authorise health workers (or a relevant health organisation) to use surveillance devices, such as cameras in patient transport vehicles, to manage risks of harm -- without this counting as an offence under the Surveillance Devices Act.
A visiting health practitioner can no longer appeal a decision not to re-appoint them if the health organisation has stopped offering that type of appointment altogether, or if they were only appointed for 6 months or less through a non-advertised process.
Health practitioner disciplinary Committees of Review can now make orders by consent of both parties at any time during proceedings, and practitioners gain a right to legal representation at these Committees.
The Health Minister, instead of the Governor, can now appoint or remove the President and Deputy President of a health profession's registration council, and can remove a community council member who stops living in NSW.
Contractors working at a mental health facility are now covered by the same rules that currently apply to employees of the facility.

The Debate

What different members said when this bill was debated:

Anna Watson ALP

“I resume my contribution to debate on the Health Legislation Amendment (Miscellaneous Provisions) Bill 2026. As I was saying, the amendments in the bill help provide additional protections for those who dedicate their lives to caring for others.”

Official source →

Joe McGirr IND

“I make a brief contribution to debate on the Health Legislation Amendment (Miscellaneous Provisions) Bill 2026. My comments relate to the proposed changes to the Health Care Complaints Commission [HCCC]. As members know, I chair the Committee on the Health Care Complaints Commission, which will soon table its review of the 2024-25 annual report.”

Official source →

Edmond Atalla ALP

“I make a brief contribution in support of the Health Legislation Amendment (Miscellaneous Provisions) Bill 2026. The bill contains a range of practical amendments across New South Wales health legislation.”

Official source →

Michael Holland ALP

“I thank the member for Coffs Harbour, the member for Shellharbour, the member for Wagga Wagga and the member for Mount Druitt. The bill is routine business of the Government to ensure that legislation remains up to date. No legislation can ever be set and forget, and legislation requires continual review and update to make sure it is responsive to the needs of the public and stakeholders.”

Official source →

News articles and press releases

Health Legislation Amendment (Miscellaneous Provisions) Bill 2026

Mr RYAN PARK, Minister for Health — 2026-05-26

The bill is part of the Government’s regular review and maintenance of legislation, which all Ministers are required to do, and proposes amendments in various areas. I turn first to schedule 3 to the bill, which proposes amendments to the Health Services Act 1997. The Health Services Act is the primary Act relating to the operation of the public health system in New South Wales. The bill inserts new section 126A into the Act to give the Secretary of NSW Health the power to authorise the use of surveillance devices, such as body-worn cameras, in order to mitigate or respond to risks of occupational harm, which I know all members share concerns about.