Thursday, 30 October 2025

 Georgie CROZIER (Southern Metropolitan) (21:13): I rise to speak to the Mental Health Legislation Amendment Bill 2025, and in doing so, I note that the government have told me that they will not be having one speaker to speak on this bill – not one. The whip told me that the minister will be summing up, but not one member of the government is speaking – other than the minister to sum up – on this important bill. That is what they think of this important issue – they cannot even be bothered to speak on this important bill. What a disgrace. This is an important bill. Do not forget this state had the Royal Commission into Victoria’s Mental Health System. That was supported in a bipartisan fashion, and I will come to that. My colleague Emma Kealy, who has done a fantastic job in raising issues and addressing the significant problems in the mental health sector, I think, has made very many points around that royal commission in terms of where the recommendations are and what is happening, and I have got some questions in relation to all of that. Nevertheless, this bill is to amend the Mental Health and Wellbeing Act 2022 in relation to the Mental Health Tribunal. There is an issue around information sharing. It also amends the Crimes (Mental Impairment and Unfitness to be Tried) Act 1977 to abolish the forensic leave panel and to provide for the functions and powers of the Mental Health Tribunal under the act.

As I was saying, this bill represents a second amendment to the Mental Health and Wellbeing Act 2022. The first tranche of amendments in 2023 walked back a key recommendation of the royal commission and reinstated a police-led response to emergency mental health matters, amongst other minor amendments. At the time the government was spruiking that it was going to be a health-led response, but they have walked that back, and it is now a police-led response. In the briefing we did ask about some of these issues, such as now that the police have this responsibility, why are they not included in the information sharing. I will get to that further down in my contribution. In this second tranche of amendments though, in relation to what this bill does: it abolishes the forensic leave panel and transfers responsibilities to the Mental Health Tribunal; it makes amendments to information sharing to enable rollout of a new electronic mental health management system; it clarifies that when decision-making is deferred to a support person, that it is the view of the patient or resident that must be considered not that of the support person; and it adds the requirement for the authorising psychologist to examine a person after an approved restrictive practice has been administered.

As I said, these sets of amendments firstly abolish the forensic leave panel. The forensic leave panel is an independent statutory tribunal which was established under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 to support the rehabilitation of forensic patients and residents and assist with their reintegration into the community. Forensic residents and patients are people who have been placed on custodial supervision orders by the courts, having been found unfit to stand trial or not guilty of an offence because of mental impairment under the act. Whilst we understand that there are many complicating issues around that and it can be a very complex area that the various authorities have to deal with, it is aimed to protect obviously the individual but also the community. The panel comprises members of the judiciary, the chief psychiatrist and nominees, psychiatrists, psychologists and members from the community. The main role of the panel is to hear applications for on-ground and limited off-ground leave from patients and residents so that they can participate in a range of activities in the community and therefore assist with their rehabilitation.

It does seek to abolish the forensic leave panel and transfer the associated responsibilities and funding to the Mental Health Tribunal. This amendment has been in response to calls from the forensic leave panel and the Supreme Court. The court has said that it is becoming increasingly difficult to meet the demand for hearings within the limited resourcing constraints. We know that our courts are under huge pressure. Former Shadow Attorney-General Michael O’Brien has pointed out the cuts to the courts, the shocking backlog of issues that have arisen in the courts over the time of the Allan Labor government and really their incapacity to manage so much that is going on. Of course we have got a crime crisis that is out of control, and our courts are dealing with those issues. I digress slightly, but it does show that there is stress within that system and that there is a view that the Supreme Court and others cannot meet the demand of these hearings. So to deal with those requests, this bill will remove judicial appointments and instead appoint a number of legal professionals with experience in forensic mental health to the Mental Health Tribunal. They will then be making the decisions.

In the 2024–25 financial year the forensic leave panel received 226 applications for leave from 113 patients, considered over 41 hearings. Out of all of that, 92 per cent of those applications were approved. I go to the issue around information sharing, which is a major part of the act. What the bill does is make further changes to support the implementation of recommendation 62 of the Royal Commission into Victoria’s Mental Health System, which did acknowledge the issue of being able to share information, and enable the rollout of the new mental health electronic health information system. Electronic medical systems – doing that – is a big ask. We know that they are expensive and we know that the government has failed to do that in the acute health system. We have got a very piecemeal, fractured system that is not joined up and is not being able to share information as it should. That has a huge impact with the delay of care and on the ability to provide timely care for those patients and those clinicians that are caring for those patients. This is to assist with many issues around information sharing and looking at what needs to be done, but I do question how the government will do that, and I will be asking about that in the committee stage, given that it is a big ask. We saw this, and the royal commission had the same issues with family violence. They promised exactly the same thing, and they still do not have an information-sharing system from that. That royal commission was 10 years ago, and we are still none the wiser about how that information rollout has gone on.

It is noted that, as I said, there are so many issues with the rolling out of information sharing. Other services, such as private mental health services and government-funded alcohol and other drug services, may be prescribed access to it a later date, but goodness knows when that will be. As I said, the state is fast running out of money, with a spiralling debt and increasing taxes that are putting further impost on business and on households. Really I think these are just words from a government that has no real ability to deliver what it is promising. It is very unclear if the Orange Door will be prescribed access to the mental health information-sharing system, given what I have just said – they were promised it after the Royal Commission into Family Violence, and it is still not implemented fully, if at all.

I made the point at the start that this was supposed to be a health-led response, but there was a winding back of this. The government could not deliver that, so it is now back to being a police-led response, yet the very people that are doing that response are not going to be connected to this system. It makes no sense at all. This is a government that just keeps not thinking things through. They talk a big game, but they actually do not follow through when they need to on some of these things that will make it much more efficient and easier for those that are dealing with complex patients to understand issues around the complexities of their mental health complaints and disorders.

What we have seen over the last few weeks is very poor monitoring and supervision of forensic patients and residents while on leave. There is evidence that the conditions of leave are not being appropriately and safely managed. That is a real concern. That brings in line a real concern about the safety of those patients but also the community. What we have seen is that residents and patients on leave are not routinely screened for drugs and alcohol upon return, and there is very limited supervision of patients and residents whilst they are on leave. These issues are not insignificant. They are very significant for this particular complex cohort of patients. It beggars belief that patients are not screened for drugs and alcohol upon their return from leave. Again it just goes to show the inadequacy of the management of this system under the Allan government.

Only a few weeks ago a forensic patient on day leave from Thomas Embling went missing for two days after a violent crime spree while armed with a hammer. This is, as I said, not insignificant; these are very significant issues. There is just no capacity for these patients to be monitored properly whilst they are on leave. Again I say that the drug use of these patients when they are on leave is well known, it is well reported, it is well understood, and smuggling drugs back into Thomas Embling is a very common occurrence. Why are they not being scanned, tested or screened for drugs when they return to the facility? It is just a disgrace, given the nature of these complex patients, and it just shows us, as I said, how mismanaged the system is under the government.

I want to go back to the bit on the police-led response. In the final report the royal commission stated:

Given that most people experiencing a mental health crisis have done nothing illegal, the involvement of police can be humiliating and traumatic.

When the government did announce their intention that it would be a health-led response in 2022, there was a huge embrace of that by government. As stated in 2022:

The shift from a police-led response to a health-led response is supported by the majority in the sector as a more appropriate approach to deal with Victorians in crisis, however it is not yet clear how this will be applied in practice and what additional resources will be allocated to enable this to occur.

It really is very evident that the government talked this up; they said they would implement all the recommendations. They failed to do that. It is clear that there is a lack of government resourcing to implement this change, and that is why they have gone back to a police-led response, but they are not providing the police with the basic information they need so that they can manage these patients appropriately.

As the Police Association Victoria have said, this puts unreasonable additional pressure on the limited resources that police already have, including extreme workforce shortages. We know that we are close to a thousand police short and others on WorkCover and stress leave and all manner of things, given the enormous workload that they have with the crime crisis and the never-ending protests that have gone unchecked week after week. So police are under huge stress. All of these expectations for police to do this was not what was said by the royal commission – it was not that recommendation. The government promised that they would implement the recommendations. They have failed to do so, and I think that is another indication of the failure in terms of dealing with the whole mental health crisis on a whole. We know that there are issues in the workforce. I said today in question time that the number of young people who cannot access alcohol and drug treatments has risen by 100 in the last year. There is just a huge backlog of people, and the crisis is getting more and more significant. That is not a good thing, and it is very concerning for those people with mental health problems and mental illness, given the support that they do need so that they can get out of that crisis and deal with their mental health.

Nevertheless, as I said, this bill is looking at those issues around abolishing the Forensic Leave Panel and transferring that responsibility to the Mental Health Tribunal after requests from the Supreme Court to enable a better approach to that, given the workload in the Supreme Court, and to deal with the requests. I do think there are some issues, as I said at the outset, about how patients are managed on day leave and when they return from day leave. We know from those stories that have occurred that there are many issues that the government has failed to address. In saying that, I will leave my comments there, and I will be asking more around some of these issues that I have raised in the committee stage.

 Gaelle BROAD (Northern Victoria) (21:30): I am pleased to be able to contribute to this – well, it is not really a debate, is it? I guess it is just our side talking about the Mental Health Legislation Amendment Bill 2025. I do want to thank my Nationals colleague Emma Kealy, Shadow Minister for Mental Health, for her work and her engagement with stakeholders. It is very clear that Labor has failed to implement the royal commission’s recommendations, with the exception of introducing the mental health tax – that certainly came in. But the sector does feel betrayed by the action taken – or lack of action taken – by the government and can see no meaningful improvements in the structure, access to services or service delivery models.

We know budgets have been cut. There are critical workforce shortages that have not been addressed, and access to mental health support is now worse than before the royal commission. They promised mental health and wellbeing locals, which have been scrapped, and Victorians are paying the price for the mismanagement of such critical reforms. Mental health was ignored by the government in the recent budget. The budget confirmed that the government had deferred the establishment of 35 local mental health and wellbeing hubs, many in regional Victoria, and this is despite Labor forcing employers to pay a mental health levy to fix our mental health system – funds that are being used to plug gaps in the budget.

I remember speaking to a lady who works in the sector earlier this year, and she was talking about the enterprise bargaining agreement with the Victorian government – which is still to be finalised – in public mental health. It left allied health professionals in public mental health earning $30,000 to $45,000 less than nurses doing the same job. They did a survey at the time, and it showed that 90 per cent of the members were considering leaving the public mental health system if the government did not improve the offer. Certainly the workforce are under incredible pressure. There are massive caseloads, which I talked to this worker about. But they are highly specialised professionals that work in this area – at suicide prevention and crisis response – and they have very complex risk assessments.

I will also share that I met with another lady that worked in mental health in the police stations based in regional Victoria. It is very concerning, because I received a copy of correspondence that was talking about the government’s proposed plan to cut funding for the health and wellbeing hubs and the embedded mental health clinicians who currently support police members across Victoria, including those stationed in rural and regional communities such as ours. These clinicians play a critical frontline role in safeguarding the mental health and wellbeing of our police officers. By being embedded within stations, they provide timely, visible and judgement-free support that enables members to access care early before reaching crisis point. Their presence reduces stigma, builds trust and fosters resilience within a workforce that is constantly exposed to high levels of trauma, pressure and scrutiny. That is the correspondence that we received, and I know my Nationals colleague Jade Benham raised that. She called on the Victorian government to reinstate funding for the western region health and wellbeing hub. It is quite incredible that this mental health service was scrapped just 12 months after being established, despite strong evidence it was delivering real, measurable outcomes for police officers across regional Victoria. I know Ms Benham said:

Pulling the plug now is not just irresponsible, it is dangerous.

The hub embedded mental health clinicians, as I said, in regional police stations like Mildura, and they provided that really essential support for police on the front line. So this decision to scrap that program just made no sense at all. That wellbeing hub was backed by recommendations from the Royal Commission into Victoria’s Mental Health System, Beyondblue, and leading experts, all who have been very strongly advocating for localised mental health services for first responders. I also think of the mental health of our police, with over 2000 shortages that we face currently in Victoria. As was said before, there are over 1000 vacancies and many more on leave. Again, I think of the mental health of people who are victims when it comes to crime, because we know – and I have spoken about it in this chamber today – just how crime rates are continuing to escalate.

Victoria is in a crime crisis. Every time the statistics come out from the statistics agency, it is incredible. Just the jump – it just keeps going up time and time again. I have spoken to so many residents who have a lot of scars that they carry from these experiences. I have spoken to people who have got bats next to their beds as they go to bed because they are scared. Another lady that I have mentioned previously, whose home has been broken into three times, is now selling her home. Others are dealing with physical injuries from being assaulted and the scars that leaves with them. I think this government needs to think about the mental health of people living in our community. They are doing self-defence classes in Bendigo now, subsidised by the City of Greater Bendigo, for women over 55, because this is the point we have got to. The state government are not taking action. The local council is using ratepayers money to try and help people who are not feeling very safe in our community at all.

I think about the mental health of our teachers and families and students as well, due to the teacher shortages that we have in our public education system. It makes me reflect, as I think about our education system, on the impact of Labor’s COVID lockdowns, which caused significant mental health damage to a generation of Victorian children. The effects are still being felt every day across our schools. Brett Sutton, the former chief health officer, was speaking with Neil Mitchell recently, and he really questioned the approach taken. He said that there are other ways rather than lockdowns. I raised that recently in the Parliament with the minister to find out what the plans are if we face a pandemic again, because the impact of the approach taken has been significant. Nearly 40 per cent of 16- to 24-year-olds reported having a mental health disorder between 2020 and 2022. A key impact of the mental health crisis is on the rates of school refusal, which grew by 50 per cent in the three years to 2021. Another key impact is on classroom behaviour, with our schools having some of the worst rates of classroom disruption.

Under this government, I think about the mental health impact that there has been on businesses and the flow-on effect on families during the COVID lockdowns but again today. There is also the mental health impact of this government on athletes. We certainly saw that with the Commonwealth Games when it was cancelled because, yes, that was a big about face. But that is typical. We have seen that many, many times, and I am sure we will continue to see it until next November. But also worth mentioning is the mental health of nurses and doctors in our hospital system, because our hospital system is overwhelmed. It is under pressure. We have had code yellows in Bendigo and I know in Mildura this year. Jade Benham has brought that up as well. In Wodonga they have got a shortage of beds and the master plan is still going to be short of beds. Doctors find they are spending more time trying to find a bed for a patient than they are trying to treat patients. But ambulance ramping is right across our state, and this is causing incredible pressure on the health system and on the people that work in it. I was looking at the Bendigo Health annual report today for 2024–25, and it refers to the workforce challenges over the past year in mental health. They recruited 21 overseas clinicians to boost inpatient and community positions. When it comes to our hospitals, I am also reminded of another issue that I brought up earlier today, which is the long work shifts of our paramedics, and you think about the mental health impact on them. I referred to an incident where it was said that the paramedic had been on a shift for 18 hours and that vehicle accident was at the end of that. It is just horrific to think that that is what happened and can happen when people are pushed to the limit.

I also think it is worth noting the mental health impact of thousands of people who are currently waiting months, if not years, for surgery due to our overwhelmed hospital system. I know from an experience that we had in our family, just in this last week, the burden of the long wait times in hospital – a family member sat all night in a chair waiting for a bed – and the angst that that caused our family and I know many other families. I have spoken to people who have been waiting such a long time for surgery, often living with pain, and that can have a massive impact on your mental health. These are all things where I feel the government is just failing in so many areas, and that flow-on effect it has to Victorians is incredible. You think about the impact on someone’s mental health and on the 60,000 families that are on the social housing waitlist or struggling to afford a home or to rent a home because of the massive tax increases that this government has put on property. You think about the mental health impact of the extra taxes on families and businesses just trying to pay the bills. We are all paying for the financial mismanagement of this government.

I was at the Bendigo show on the weekend. I had a stand, and lots of people came and talked to me about some of the issues. We had the petition there for scrapping the tax. I was very concerned when a couple came up, very passionately went straight to sign it and shared how someone they knew, a farmer in the west of the state, had actually committed suicide. They put that down to the impact of the additional taxes, the stress and everything that had been on that farmer. It was awful to hear that.

We know that this government is really looking down the back of the couch and trying to find the coins in the car seats now, because I will tell you there is more legislation that is going to be coming through into our chamber soon that is going to see an increase to the car park congestion levy. It is going to see pet registration fees going up. It is going to see greyhound registration fees going up. This government just look for any opportunity to try and get more money out of people, because they do not know how to manage money or manage projects, and as a result the state debt is skyrocketing and the interest payments are skyrocketing. It is not even paying off the debt. It is just trying to pay the interest on the debt. This is the situation we are in now in Victoria. We can see from the repayments that are going to be required to refinance some of that debt that it is going to get worse.

I would also question, because there is a link between some mental health issues and drug use: what is the government doing to curb drug use? Because we know that it can contribute, as I said, to mental health issues. I remember when I first got elected to this chamber, a lady who was a mother called me and spoke about her son, who had been hospitalised with breakdowns several times. She put that to the impact of drugs on his life. She had to speak in code on the phone because she was in fear of her own son in her house. That is the impact that drugs can have. I know in Bendigo there are people that walk around and seem very spaced out. I had a family member that had someone approach them, threatening them with a bottle, and they clearly needed help. But under Labor Victorians who reach out for assistance are not getting the help they need. We are aware of funding cuts to critical alcohol and other drugs programs.

It is also worth mentioning Lifeline, a crucial suicide prevention service that cannot expand to meet rising demand in Victoria, due to a funding shortfall. I asked a question of the Minister for Health about Lifeline and raised the important work that they do. They provide services – I know they are based in Bendigo – right across Northern Victoria, from Kyneton right up to Mildura, and they operate a call centre and provide face-to-face counselling. Despite Victoria generating nearly 30 per cent of Lifeline’s national call volume, only 12.5 per cent of those calls are answered in Victoria. And unlike other states such as New South Wales and Queensland, Victorian Lifeline centres receive no direct state funding to build local capacity. This urgently needs to change. Now, I asked this question earlier this year and an answer was due in May, but still no answer has been provided by the minister. So that is a big concern to me because it shows such low interest – (Time expired)

 Melina BATH (Eastern Victoria) (21:45): I am pleased to rise to make just a few brief comments on the Mental Health Legislation Amendment Bill 2025, and certainly it is a bill that touches a very important and critical issue facing our state. I was listening to both Ms Crozier and my colleague Mrs Broad, and I was nodding my head the whole time that Mrs Broad was speaking, because she touches on so many things that are relevant not only across Victoria but particularly in rural and regional Victoria. I think if you want to go out and see both an incredibly resilient people but also an incredibly stressed people, the ones who carry a huge burden across our state, you go outside the tram tracks and you see where that burden is being carried.

Mental health touches every corner of our society. We are seeing it more and more, and we are seeing it in a variety of capacities. Mrs Broad touched on many of those. We see it in regional Victoria in my patch, where we have had multiple incidents of bushfires and multiple incidents of storms. There is anxiety that comes with having your next-door neighbour be the government in terms of the lack of bushfire mitigation, the fact that the government is not a good neighbour – there are often fires that come out of public land – and the preparedness that communities are having to address, all because the government is not implementing some recommendations from the 2009 Victorian Bushfires Royal Commission. So there is that mental anxiety about when it is going to happen again.

We had some significant warnings through last week about storms and high winds. I was driving through Mirboo North and I thought about what an incredible community that is, and a resilient one. However, there is that anxiety. I certainly am not going to lay windstorms and rain et cetera at the government’s feet, but it is all about those communities that pull together. Often there is such a lot of internal support in those small communities, but it also gets to breaking point and they really get community resilience fatigue and community support fatigue and they look to government. I will just give you one small example from Mirboo North. When those storms hit they created terrible distress of course – there were roofs off houses, communities without power, vehicles smashed, no electricity, no telecommunications. The Premier at the time and all the others come rushing down there, come rushing down to Mirboo North and decide to thank all of the emergency services that are out there. They thank the CFA. They stand next to the CFA shed, which is old, antiquated and in need of replacement. They go and thank them, ‘This is a great community.’ And then what do they do? They have turned their back and they are still not funding the very basic things that those communities need to keep resilient.

Now, I say that because again it is the mental health strain that is focused on these giving people, these volunteers. And then, as my colleague Mrs Broad said, you have got the emergency services tax going over the top of that. These are the things that make regional people feel like they are getting hit for six all the time. Indeed I want to talk briefly about the royal commission, because for those of us who have been here for a little time in this place – it was in 2021, the Royal Commission into Victoria’s Mental Health System –it was a beacon of hope. It was down at the exhibition building, where Parliament used to sit many, many years ago – a century ago – and the Premier Daniel Andrews stood up there and was resplendent in his excitement about this royal commission and its report. I know my colleague – and we have heard her mentioned – the very, very capable Emma Kealy, as shadow minister, was there, and everyone was there. People rocked up in cars, and it was a big fanfare. There were people with lived experience of mental health issues who had come through the system with harrowing stories – not one but multiple – and if you go and look in that book you will see them and the royal commission recommendations et cetera. They were really harrowing stories. They took that brave chance to stand up in front of thousands of people and explain, and there was a feeling of hope.

We have got 74 recommendations that were presented in 2021 at the exhibition building. Well, we have seen that only 11 of those have been completed, and this was by last year, –11 completed. We also know that some of those recommendations very much include support from hubs and mental health locals, and we do see that again some of those have been now pushed out. They were recommended. I have heard in this place the virtues of those hubs and the importance of the hubs, and yet for many communities they are now going to be delayed and delayed again. So these are some of the frustrations that people feel, not only in the regions of course. Many people gave their heart and soul and presented for this royal commission. Health professionals across the board gave evidence and the wisdom of their knowledge, and yet we are seeing this delayed. We did see key reforms like establishing a lived-experience agency and health-led crisis responses and eliminating seclusion and restraints. I know that people have spoken about this on this bill. We saw all of that, and yet it is so frustrating. You can imagine the members who work in this fraternity and work in this sector, with the mental health of their own professionals, must be quite at their wits’ end.

Now, despite the royal commission’s clear road map, we are still falling behind. The workforce has not doubled. We have services that are harder to access – and you only need to go to the regions to know how long you have got to wait to see a mental health professional – and we see, sadly, suicide rates are at record highs. I have presented at length today in relation to Aboriginal and Torres Strait Islander mental health. They are at a three times higher rate than non-Aboriginal Victorians, and yet we are supposed to see that it will all be okay from now on because we now have a treaty across this state that apparently will do what the government has failed to do for the last 11 years. Well, we will wait and see, won’t we?

In relation to the bill, it addresses two key areas: it addresses forensic leave panel reform, and it transfers the responsibilities to the Mental Health Tribunal. It certainly, as my colleague Emma Kealy has said, is a necessary step driven by an overwhelmed judiciary. It must be done safely, and we have seen certainly some disturbing cases of reports of drugs and violence and absconding patients. We heard one recently of a patient from the Thomas Embling Hospital who escaped and ran off amid a drug crisis and rising violence, and that is certainly very, very frightening, certainly not only for their loved ones but also for the staff who are having to reel those sorts of patients back in. I note that my colleague Emma Kealy often also speaks about the cutting of drug and alcohol specialists and the danger that causes in our regions across Victoria.

It also centralises the mental health record system and it centralises that IT. I understand that is certainly welcome, but it does exclude Victoria Police from that platform. However, so regularly Victoria Police – our VicPol, our police members – are those first responders right at the scene. Whether it is domestic violence or somebody in the street, they are called and they are the first responders, so excluding them is a glaring oversight. Anyone who has walked past a police station will have seen the vehicles that are colour coated. They have got so frustrated that they are writing on them things like ‘1100 job vacancies’ and ‘700–800 long-term sick leaves’. They usually have some nice messages there that Jacinta Allan should pick up her game and respect them. It just goes to show you the frustration that our VicPol often feel.

Then, what has happened today, this week and last week, to add insult to injury – they are overworked, they are under-resourced, we have got scary events happening in the CBD drawing our VicPol from the regions to backfill, and yet the government is too mean to cut the grass at the police station.

Georgie Crozier: Too broke.

Melina BATH: That is right. There is too much penny pinching to actually give some respect to the police station: ‘You can’t change your light bulbs because we don’t have any.’ What sort of a state are we in? I cannot believe this. How did we get like this? You have a police station in our country towns – I am sure it is the same in others – and it is a respected place. They do community work. They are very much at the forefront of the mental health issues that I am speaking about, but they do community work – work for community safety and to understand where the crime is and inhibit and attack it before it begins, alleviate that and deter that – and the government cannot be bothered to cut the grass. This is just a symbol of where the government is not directing funding in the right directions. Whilst this is not the most extreme thing going on, it is symbolic of what this government is not doing.

One of the things that we really need to look at also is the cycle of mental ill health and homelessness. Indeed a study by Launch Housing found that over 500 people are discharged from acute mental health care each year into homelessness. It is that cycle where they get through their mental health episode, they are in hospitals, the hospitals are under stress and lacking in nurses – and indeed the government have just got this policy they introduced about free midwifery and free nursing, and then once they are finished their nursing they actually cannot go in and do their grad year, and you wonder why our hospitals are so under-resourced – and so they are coming out and they are in rooming houses or motels. Indeed I was contacted by somebody very frightened about rooming houses, but sadly – very sadly – when people have no alternative place to go they often end up in these rooming houses, and sadly they are a breeding ground for more crime and more abuse. For those fragile people that are coming out of hospital and going into that, their mental health is again at risk.

Finally, I have talked about workforce shortages in our hospitals, but a 2024 survey found that 90 per cent of psychiatrists in Victoria say workforce shortages are negatively impacting patient care and 80 per cent report burnout. Our psychiatrists are very important, and I remember when the royal commission was on and they were having round tables. There was one in Warragul that I attended with a father whose son was very unwell with mental health issues. The psychiatrist I sat next to – a local – was like gold. She was a psychiatrist who was treating patients in Warragul. She just said that her books are full and the lists are full, and this was some years ago.

Business interrupted pursuant to standing orders.

Ingrid STITT: Pursuant to standing order 4.08, I declare the sitting be extended by up to 1 hour.

Melina BATH: Look, there is my contribution. I also wanted to make some comments about the Orange Door follow-up. The Victorian Auditor-General has put out some things that are not working with Orange Door. I think it is a very important read and I hope to see the passage of this bill go through the house. I just reiterate to the government: when will the recommendations be included? But please, please do not forget the regions, because we are under struggle and in need.

 Ingrid STITT (Western Metropolitan – Minister for Mental Health, Minister for Ageing, Minister for Multicultural Affairs) (22:01): The mental health and wellbeing system has experienced significant reform over the last four years, including the introduction of the Mental Health and Wellbeing Act 2022, which was a key recommendation of the Royal Commission into Victoria’s Mental Health System. I would like to acknowledge the enormous amount of work that has gone into not only the royal commission itself but the important recommendations that flowed from the final report and the interim report. I would also like to acknowledge everyone that has contributed to working in partnership with us to continue to transform the system, including those with lived and living experience, the workforce and the sector more broadly.

In terms of the bill before the house today, the bill will do three key things: it will transfer the functions of the forensic leave panel to the Mental Health Tribunal, it will enable a new electronic health information system consistent with recommendation 62 of the Royal Commission into Victoria’s Mental Health System and it will make minor changes and technical amendments to ensure the act operates as intended.

I have listened carefully to the contributions of those opposite and of course reviewed the second-reading contributions from the Legislative Assembly. I will try and confine my comments to those matters that are actually relevant to the bill before the house, although I do note there was a lot of debate about things that are not before us tonight – some slightly related, some very unrelated. The forensic leave panel plays a very important role in supporting the treatment and rehabilitation of forensic residents and forensic patients by determining their applications for short-term, off-ground leave. The bill will transfer the functions of the forensic leave panel to a new forensic division of the Mental Health Tribunal, which is very well placed to take over these functions. The bill will also ensure that the existing exemption that the forensic leave panel has from the Freedom of Information Act 1982 is transferred to the forensic division to continue the protection of sensitive information related to forensic leave matters.

I just want to touch on the importance of community safety, and it will continue to be a key consideration in determining applications for leave. To ensure appropriate qualifications and skills are present in hearings of the new forensic division of the Mental Health Tribunal, the presiding member of the tribunal will be a legal member who has been an Australian lawyer for a minimum of five years. These members will be supported in their role with extensive training and operational support and guidance. In addition, decisions of the forensic division will also be reviewable by VCAT, ensuring access to a more senior legal review when appropriate.

In relation to the information sharing reforms, the bill will also enable the delivery of a modern IT system, which was called for in recommendation 62 of the royal commission. While there is already provision in the act for electronic mental health records to be kept, the bill will enable the full implementation of a new records system that is currently being built. This will include enabling a staged expansion of the types of agencies that can use the system, including the mental health and wellbeing locals, supporting a secure and protected exchange of information between the new mental health information system and the electronic patient health information system known as CareSync Exchange, which is used in physical health. As we continue to deliver on this royal commission recommendation, we need to make sure health information is protected, safe and secure, and that is the highest priority. There are a range of legislative and operational safeguards in place to ensure that people’s information is safe and secure. In addition, there will be a strict control on who can access the system, including role-based access controls, two-factor authentication and the ability to retrospectively audit access. This bill will also allow information from the electronic health information system to be disclosed to prescribed emergency service providers so that they may perform their functions under the act, and this will enable information to be accessed and entered by Ambulance Victoria paramedics.

I just want to take a moment to address a matter that was raised by Ms Crozier around the emergency service providers’ prescribed access to the electronic health information system. This will be limited to Ambulance Victoria. Ambulance Victoria was clearly identified by the royal commission as needing better access to information to effectively deliver services, and no other emergency service was identified by the royal commission in this way. Any health decision should be informed by clinical experts involved in the provision of mental health and wellbeing services. In terms of the role of Victoria Police and Ambulance Victoria in our mental health system, obviously we appreciate enormously our police, our paramedics and our dedicated mental health workforce for the critical role they play, particularly when people are being supported in crisis. The royal commission made a series of recommendations to establish a comprehensive system of crisis supports, and that critical design and enabling work to support these important recommendations is currently underway. This includes working with Ambulance Victoria and Victoria Police to develop a pathway to deliver a health-led response to people experiencing crisis wherever it is safe and appropriate.

I also just want to touch on what I think may be a misunderstanding of the amendments around authorisation of restraint. The Mental Health and Wellbeing Act already provides that a person must be examined following the authorisation of a restrictive intervention, and this examination is conducted by a psychiatrist to determine whether the restraint can be removed or is absolutely necessary as the least restrictive option. The bill contains an amendment which clarifies the circumstances when an authorised psychiatrist must be notified of the use of a restrictive intervention. As such, this is a clarifying amendment to make clinical practice clearer and simpler, and there is no additional burden on the workforce.

There has been a bit said about our mental health reforms this evening. Of course we know that this is incredibly important work, and we are continuing to deliver significant reforms, including to grow our workforce; deliver new acute beds and new services; improve infrastructure; and, importantly, embed those with lived and living experience in the work that we are doing. We are getting on with the process of transforming the mental health system to deliver access to mental health care closer to home, including in regional Victoria. This bill is an important step in progressing reforms and safeguarding the rights of Victorians receiving mental health care. I understand the opposition would like to ask some questions in committee. I commend the bill to the house.

Motion agreed to.

Read second time.

Committed.

Clause 1 (22:10)

Georgie CROZIER: I will put all my questions in clause 1, Minister, in the interests of time for us all. The second-reading speech refers to the royal commission recommendations. Would the minister provide a report on the current status of all recommendations, including the revised implementation date for any recommendations that are overdue? I know that you did mention that in your summing up around the advancement since the royal commission, but I am wondering if you would not mind providing the house with an update, please.

Ingrid STITT: Ms Crozier, that is outside the scope of the bill before us this evening. There is a process, separate to what we are here to do this evening, through information that we provide as a government to the Mental Health and Wellbeing Commission in our report of progress against the recommendations of the royal commission.

Georgie CROZIER: That is disappointing, Minister, given you did reference the royal commission and the work you were doing. So I will say that you are unwilling to provide an update to the house. As I said, it is in the second-reading speech on this very legislation, so I do not understand how you can even dispute the question. Nevertheless I will go to the next one and give it a try. The second-reading speech makes reference to the mental health workforce. The current mental health workforce strategy expired in 2024, so I ask: when will the mental health workforce strategy be released for this year and beyond?

Ingrid STITT: Ms Crozier, the bill before us has a pretty narrow set of amendments. That is not a matter that is within the scope of the bill before the house this evening. There are other mechanisms that you are very well aware of, having been here as long as you have. You can ask me questions either in question time or as questions on notice, or there are other mechanisms that you have available to you, including something as simple as the shadow spokesperson ringing me up and asking me for a briefing on those matters. But they are not matters that are within the scope of this bill.

Georgie Crozier: On a point of order, Deputy President, I am asking questions on clause 1, and I am seeking some guidance. Given the second-reading speech has referenced the royal commission recommendations and also made reference to the mental health workforce, I am wondering why the minister is refusing to answer these questions in relation to this bill. It was in the second-reading speech, yet the minister is saying it is not within the scope of the bill. I think these are important issues around the current state, because it does go into where we are heading for this particular bill around looking at those with mental illness and needing some support in relation to the tribunal and other areas.

The DEPUTY PRESIDENT: My apologies – I was not actually listening at the time; I was having a conversation with the Clerk. We can ask questions of the minister, but I cannot instruct the minister how to answer those. If we can keep the questions related to the bill and if you can display how they are related to the bill when you ask the question, the minister should respond.

Georgie Crozier: Deputy President, if I may, on the point of order, I just need clarity, because the second-reading speech refers to the royal commission recommendations. Does that not fit within the scope of what I am asking around the recommendations?

The DEPUTY PRESIDENT: I have allowed the question. It is up to the minister how she answers it, but the minister has said she is happy to respond.

Ingrid STITT: Ms Crozier, I am happy to go to the second-reading speech, because the second-reading speech begins by stating that the Mental Health and Wellbeing Act 2022 delivered on a key recommendation of the Royal Commission into Victoria’s Mental Health System. Then it goes on to talk about what the act provides, which is promoting good mental health and wellbeing and a reset of the legislation foundation underpinning the mental health and wellbeing system. Then it goes on to talk about how it supports the delivery of services. In relation to the workforce, the second-reading speech simply says:

I would also like to acknowledge our mental health workforce. The workforce are the backbone of our mental health and wellbeing system, supporting Victorians in their hardest moments. I thank you for continuing to provide Victorians with world-leading mental health and wellbeing services during a time of significant reform and change.

I am sure that these are sentiments that we can all support and get around.

Georgie CROZIER: Indeed we can. There is a shortage in the workforce, and it is disappointing that the minister will not even acknowledge the mental health workforce strategy, which expired in 2024, given the huge pressures on the system as you quite rightly acknowledged in your second-reading speech around the workforce.

Nevertheless, I will move on. Are patients and clients at Thomas Embling Hospital routinely tested for drugs and alcohol following leave?