Govind Tekale
The NSW government has introduced “Joe’s Law,” legislation that will ban future public-private partnerships (PPPs) for hospitals providing emergency, surgical, and inpatient services. The law is named after two-year-old Joe Massa, who died after waiting for urgent care at Northern Beaches Hospital in September 2024.
The Minns government introduced the amendment to the Health Services Act on Thursday, with Health Minister Ryan Park expressing confidence it would pass the following week.
“We believe that public hospitals should be in public hands,” said Park. “We cannot afford this type of model to be in place again.”
Joe Massa died from cardiac arrest after waiting two-and-a-half hours for treatment at Northern Beaches Hospital despite having a dangerously high heart rate and severe fluid loss. An internal investigation found serious failures in the hospital’s management, including incorrectly categorizing his condition as less serious and failing to respond to his parents’ requests for IV fluids.
Northern Beaches Hospital, which opened in 2018, operates under a PPP model where private provider Healthscope runs the facility that treats public patients under a government contract set to expire in 2038.
Joe’s parents, Danny and Elouise Massa, have been advocating for an end to such partnerships since their son’s death.
“Today is a monumental day for every single person in New South Wales who deserves to know that they will be taken care of when they enter an emergency department,” Elouise Massa said. “We feel the moral compass in our healthcare has been reset.”
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While the new law will not affect existing contracts like Northern Beaches Hospital’s, Premier Chris Minns has not ruled out potentially buying out the Healthscope contract.
“I’m not going to speculate about the future other than to say I’m not ruling anything out,” Minns said. “The government will act to ensure people are safe right across New South Wales.”
The hospital has faced scrutiny since its opening, which was marked by equipment shortages and industrial disputes. It is now facing its second parliamentary inquiry in six years, with the first raising concerns about the PPP model back in 2019.
The Nurses and Midwives Association welcomed the ban, with Assistant General Secretary Michael Whaites describing it as “long overdue.”
“Privatisation of public health care in particular is proven to fail across New South Wales and across Australia,” Whaites said.
Opposition leader Mark Speakman said the Coalition had not yet seen the bill or decided whether to support it. Opposition health spokeswoman Kellie Sloane expressed concern that the bill addresses “an issue that simply doesn’t exist right now,” noting that neither major party currently plans future hospital PPPs.
The government is taking multiple actions in response to Joe’s death, including requesting a coronial inquest and requiring Healthscope to implement recommendations from a review of the death.
Healthscope, which operates 38 hospitals across Australia, has apologized for Joe’s treatment, stating they are “determined to learn from this to prevent this happening in any hospital.”
Frequently Asked Questions
Joe’s Law is new legislation in NSW that bans future public-private partnerships (PPPs) for hospitals providing emergency, surgical, and inpatient services. It was introduced after two-year-old Joe Massa died following inadequate care at Northern Beaches Hospital, which operates under a PPP model. The law aims to ensure public control over critical hospital services for better accountability and patient safety.
Two-year-old Joe Massa died after waiting two-and-a-half hours for treatment at Northern Beaches Hospital despite having a dangerously high heart rate and severe fluid loss. The hospital incorrectly triaged him as a less serious case and failed to respond to his parents’ requests for IV fluids. After suffering cardiac arrest, he was transferred to Sydney Children’s Hospital in Randwick, where he died due to brain damage.
Currently, Northern Beaches Hospital remains under Healthscope’s management with a contract extending until 2038. The new law is not retroactive, so it doesn’t immediately affect existing contracts. However, Premier Chris Minns has not ruled out the possibility of buying out the contract, stating “I’m not ruling anything out, and the government will act to ensure people are safe right across New South Wales.”
Since opening in 2018, Northern Beaches Hospital has faced numerous issues including equipment shortages and industrial disputes. It’s now facing its second parliamentary inquiry in six years, with the first one in 2019 already raising concerns about the public-private partnership model. Healthcare workers, particularly through the Nurses and Midwives Association, have raised alarms about safety issues and staff salaries falling behind under private management.
Opposition leader Mark Speakman has stated they have not yet seen the bill or decided whether to support it. Opposition health spokeswoman Kellie Sloane expressed concern that the bill addresses “an issue that simply doesn’t exist right now,” noting that neither major party currently plans future hospital PPPs. Sloane argued the focus should remain on “fixing the serious challenges facing our health system.”
Healthscope has apologized for Joe Massa’s treatment, stating they are “determined to learn from this to prevent this happening in any hospital.” The company maintains that Northern Beaches Hospital “is operated by a dedicated team of doctors, nurses and administrators whose absolute priority is always quality patient care.” Healthscope says they continue to operate the hospital under the terms of their agreement with the NSW Government.
