Health promotion in Queensland could receive a turbo-boost if the Healthy Futures Commission Queensland Bill 2017 is passed.
This Bill illustrates a sometimes neglected aspect of public health law: use of law to build new institutions, to encourage partnerships, and to create a clear legislative mandate to address health challenges.
The Healthy Futures Commission was an election commitment by the Palaszczuk Labor Government.
It is intended to help achieve two measures of success set out in Queensland Health’s 10 year vision and strategy. These are to:
- Reduce childhood obesity by 10%; and
- Increase levels of physical activity by 20% (p 15/28).
The Bill would establish the Healthy Futures Commission Queensland, a portfolio agency within the Health Ministry.
Its purpose is to “support the capacity of children and families to adopt a healthy lifestyle”, and contribute to the reduction of health inequalities for children and families (s 3).
The functions of the Committee include: advocating for the social conditions and environments necessary to support healthier lifestyles and reduce health inequalities, and developing partnerships (s 9).
The Commission has power to make grants on matters relating to its functions, to industry or community organisations, universities, local governments, and business entities. The source of funding for these grants would be the Healthy Futures Queensland fund established by the Bill (s 41), which is also the funding source for the Commission’s own costs and expenses.
Queensland’s Minister for Health and Ambulance Services, Cameron Dick, has stated the Commission will have a budget of $20 million over three years.
The Bill requires that at least 55% of total funding shall be paid out as grants (s 41(4)). This reflects the importance of the Commission’s grants function, and appears to be intended to ensure that the majority of funds are expended on “real world” interventions and projects addressing healthier eating and physical activity. This funding requirement also creates a natural check on the size of the Commission itself.
The Commission must prepare an annual project funding plan each year for approval by the Board and the Minister (s 42).
In performing its functions, the Commission is required to take into account the social determinants of health, as understood in the Rio Political Declaration on Social Determinants of Health, as well as the needs of vulnerable groups experiencing health inequity including Aboriginal and Torres Strait Islander communities.
The Commission is not entirely independent of politics and must comply with any direction given by the Health Minister about the performance of the Commission’s functions (s 10). The Minister may request reports from the Commission on relevant matters but may not give directions about the content of any such report (s 11).
Queensland LNP Senator Barry O’Sullivan has called for the Qld Health Minister to instruct the Commission never to recommend a sugar tax.
According to Senator O’Sullivan, the Commission “should focus on promoting personal responsibility to reduce obesity.”
However, outside of Australia, as a recent paper by Sarah Roach and Lawrence Gostin points out, sugary drinks taxes are gaining momentum, encouraging reductions in consumption of sugary drinks, raising revenues for government, educating consumers and at least in the UK, driving reformulation.
Queensland’s Healthy Futures Commission would be governed by a 6-member Board appointed by the Governor in Council on the recommendation of the Minister. Board members must have qualifications or experience in business, law, leading partnerships, or assessing the impact of social conditions on health equity. Board members are appointed to 4 year terms (and may be re-appointed) (s 16).
The Board is empowered to establish committees, whose membership could include appropriate external experts, to assist it to perform its functions (s 29).
Sydney Health Law 
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