Bill to strengthen mental health system debated

The Mental Health Legislation Amendment Bill 2025 will legislate the transfer of responsibilities from the Forensic Leave Panel to a new forensic division within the Mental Health Tribunal.  

In his second reading speech Danny Pearson, Member for Essendon, said the change is designed to streamline decision-making around supervised leave for forensic patients, improve consistency and reduce administrative burden while maintaining safeguards for public safety and individual rights.   

The bill also introduces provisions to ensure that decisions about restrictive practices are followed up by qualified professionals, reinforcing accountability and patient welfare. 

“ ‘By working together, we will continue to build a mental health system where every person feels safe, seen and supported.’ ”

Danny Pearson, Member for Essendon

He thanked those ‘with lived and living experience of mental ill health and your family, carers, supporters and kin, thank you for continuing to work in partnership with us to improve mental health and wellbeing outcomes for all Victorians’.  

‘By working together, we will continue to build a mental health system where every person feels safe, seen and supported,’ he said.  

Shadow Minister for Mental Health Emma Kealy said the opposition supported the legislation but was critical of the lack of progress in implementing the Royal Commission’s recommendations.  

‘We have the highest suicide rate on Victoria’s record. We have the longest waitlists or number of people who are presenting to emergency departments with mental health related issues that we have seen. It is getting harder and harder to access mental health supports,’ she said. 

Government MPs defended the bill and the broader reform agenda, highlighting investments in infrastructure, workforce development, and digital systems. 

Paul Edbrooke, Member for Frankston, praised the bill’s move to consolidate forensic leave decisions under the Mental Health Tribunal, calling it a step toward ‘more consistency and transparency’. 

‘For someone on a supervision order, a fair and timely decision about limited leave can be the bridge between clinical progress and real-world recovery. For a family, it means hope and a path back to ordinary life, and for the community it means confidence that decisions are being made by an expert body that knows this work and records its reasons,’ he said.

“ 'It is getting harder and harder to access mental health supports.' ”

Emma Kealy, Shadow Minister for Mental Health

Member for Prahran Rachel Westaway criticised the bill for not addressing ‘the catastrophic failures in monitoring forensic patients and their leave’.  

‘There is clear evidence that conditions of leave are not being appropriately and safely managed. Residents and patients on leave are not routinely screened for drugs and alcohol upon return,’ she said.  

‘We are transferring these functions to the Mental Health Tribunal, but we are not fixing the fundamental problem that the system is not adequately supervising people when they are granted leave.’ 

The full debate can be read in Hansard.