Bills

Preventive Health SA (Council Governance) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 20 August 2025.)

The Hon. I.K. HUNTER (18:08): I rise and indicate the government will be supporting this bill. This private member's bill proposes to amend the Preventive Health SA Act 2024 in relation to the Preventive Health SA Council. In February 2024, the Malinauskas government delivered on our election commitment to establish an independent preventive health agency, Preventive Health SA. Preventive Health SA leads evidence-informed, innovative and integrated action to prevent and reduce the burden of non-communicable health conditions and improve health equity across South Australia and our future generations.

In September last year, the Hon. Chris Picton, Minister for Health and Wellbeing , introduced legislation into this parliament to secure the long-term future of Preventive Health SA as an independent health agency. The legislation was passed by this parliament last year. It is the first of its kind in South Australia and has generated interest locally and nationally as a way of recognising and embedding preventive health policy and action as a crucial area of health policy with a permanent place in the health system in our state.

Part 3 of the act establishes the Preventive Health SA council. It is a statutory body to provide strategic advice and assist the chief executive in relation to the performance of the chief executive's functions under the legislation. The council will advise the chief executive on matters relating to the objects of the act and functions of the chief executive, as well as on existing and emerging data and research on population health and health equity, and opportunities for innovation and preventive health action.

Additionally, the council will advise the chief executive in relation to the development of the strategic plan under the act, and on the development and publication of reports designed to raise awareness and promote action in relation to preventive health priorities. When established, the council will consist of the chief executive and at least eight other members appointed by the minister on the recommendation of the chief executive, of whom at least two must be Aboriginal and Torres Strait Islander persons. The level of skills and expertise of council members will add a degree of prestige to the prevention agenda in South Australia, ensuring a renewed interest and focus on this portfolio.

The bill before us proposes amendments to the membership of the council, with the addition of a member with knowledge, expertise or experience in clinical translation and implementation. Whilst under the act a member with knowledge, expertise or experience in clinical translation and implementation could be recommended and appointed to the council, the bill makes this explicit as an additional requirement.

The bill also proposes amendments that aim to strengthen provisions in relation to the declaration of interest for members on the council, both in the recommendation of members and also in the ongoing operation of the council. Whilst the Public Sector (Honesty and Accountability) Act 1995 and other government policies and circulars governing government boards and committees cover these requirements for advisory bodies such as the council, with associated penalties and fines, the bill defines designated interest, direct interest and relevant industries relevant to the act, and is explicit in stating that a person who has a designated interest, as defined in the bill, cannot be appointed as a member of the council.

The bill is also explicit about declaration processes and timing. The provisions and intent of the bill will be further strengthened under regulations that will be developed under section 21(3) of the act, which specifies that the regulations may provide for a code of conduct to be observed by members of the council. It is anticipated that the code of conduct under regulations will:

establish standards of conduct, behaviour and professionalism to be observed by council members; outline processes to ensure the integrity of and public confidence in the council is promoted and maintained;

ensure that the performance of the functions of the council are not affected by pecuniary or personal interests or associations of members; and

promote ethical conduct and prevent unethical conduct.

The council will also develop procedures to ensure compliance and audit against the requirements of the code via a charter. In line with the bill's intent to strengthen the governance of this very agency that is doing important work across priority areas of prevention, including obesity, tobacco, consumption of alcohol and drug use, mental health and suicide prevention, the government wholeheartedly supports the bill.

The Hon. J.M.A. LENSINK (18:12): I rise to speak on the Preventive Health SA (Council Governance) Amendment Bill 2025. This bill was introduced by the Hon. Sarah Game and makes some sensible and well-intentioned changes to strengthen the governance of Preventive Health SA. It makes two main amendments. The first requires members of the Preventive Health SA Council to declare any designated interest, which is defined to include personal, professional or financial interests that could conflict with their duties. The second adds 'clinical translation and implementation' as an area of expertise for council membership.

These are worthwhile reforms which build upon the bipartisan framework established under the Preventive Health SA Act 2024 to improve confidence in the integrity of its governance. Preventive Health SA was created to ensure that South Australia takes a coordinated approach to prevention, focusing on chronic disease, health literacy and wellbeing. It is important that the community has confidence that the advice guiding this body is independent and transparent.

This bill responds to concerns raised by members of the health community, including the esteemed Dr James Muecke AM, who has long advocated for strong preventive health policy and robust standards for managing conflicts of interest. I note that, given the potential of powerful commercial interest, this level of transparency is important. I do not believe these changes alter the purpose of the original act but reinforce it and are consistent with a range of other statutes that apply to similar bodies. With those words, I indicate opposition support for the bill.

The Hon. S.L. GAME (18:15): I thank the Hon. Ian Hunter and the Hon. Michelle Lensink for their contributions and their support of this bill, this commonsense bill that will keep conflict out of health policy.

Bill read a second time.

Committee Stage

Bill taken through committee without amendment.

Third Reading

The Hon. S.L. GAME (18:17): I move:

That this bill be now read a third time.

Bill read a third time and passed.