Right to health service will place nurses in ice-rage danger

Queensland’s proposed ‘right to health services’ could force nurses to put themselves at risk to treat ice-affected patients.

Queensland’s proposed “right to health services” could force ­nurses to put themselves at risk to treat dangerous ice-affected ­patients, according to the state’s nursing union, which is pushing for an independent review of the government’s human rights bill.

The move by the Queensland Nurses and Midwives Union comes amid a broader union push to enshrine the “right to strike” and “fair” minimum wage in the new law, which business has said would drag industrial disputes into the courts.

Labor’s bill would have Queenslanders complain to a new human rights commission if a state agency violates any of 23 proposed human rights, and appeal to the courts if they have a lawsuit on foot.

Judges could ­advise parliament about rights breaches, but they would not be allowed to strike down laws.

The union says in a submission to parliament: “Given the haste with which the government has introduced the bill, QNMU council is still formalising its position. In our view, the government should consider referring the matter to the Queensland Law Reform Commission for further deliberation.’’

The union warned an unqualified right to health services could endanger nurses and midwives.

“Drugs such as crystal methamphetamine (ice) can produce psychotic, life-threatening episodes where the individual is unaware of the extent of their own injuries/condition,” its submission reads. “In our view, the bill must not include an unqualified right that may compromise the health and safety of another person … Nurses and midwives have a right to a safe workplace.”

The Queensland Council of Unions lamented the reluctance of parliament to “redress the decline in union membership by positively framing the advantages of union membership”.

“Enforcement of positive right to join a union is rare if not non-existent. The dismantling of legislative protections for unions has allowed anti-union activity to flourish with impunity,” QCU told parliament.

The QCU would enshrine rights to take protected industrial action, a fair minimum wage, equal opportunity, collective bargaining, reasonable limits on hours, and safe and healthy working conditions.

Business groups rejected the QCU’s plan. Shane Rodgers, the Queensland head of Ai Group, said combining industrial relations and human rights laws “would be a recipe for confusion and uncertainty”.

“The courts are already busy enough without diverting to the courts matters that belong in the Fair Work Commission and the Queensland Industrial Relations Commission,” he said.

Mr Rodgers said state and federal industrial law “deals comprehensively with these ­issues in a way that provides a balance between the interests of employees and employers”.

Chamber of Commerce and Industry Queensland’s head of industry Dan Petrie said the Fair Work Commission was “one of the most well-resourced workplace inspectorates globally”.

“The core thrust of the QCU submission seems to focus on redressing declining membership rates over the last two decades, which are primarily due to the changing nature of the global economy and subsequent technological advances over the same time period,” he said.