TRANSCRIPT:
I am pleased to rise today and speak on the Victorian Institute of Forensic Medicine Bill 2024. This piece of legislation is set to repeal the existing Victorian Institute of Forensic Medicine Act 1985 and in doing so will reinstate the VIFM’s legislative footing. This is something that should be beneficial due to the nearly 40 years since the previous legislation was introduced, provided this legislation is effective. The updates put forward in this bill are set to update the VIFM’s governance structure, introduce some guiding principles for the institute and clarify their objectives and functions. This is achieved through some necessary provisions outlined in this legislation.
Clause 4 outlines guiding principles of the VIFM relating to professional standards, community benefit, sensitive conduct, the promotion of public health, the administration of justice, respect for cultural beliefs and recognising the diverse needs of Aboriginal communities. Clause 8 outlines the objectives of the institute, which include providing or assisting in the provision of forensic services and human tissue services, as far as is practicable overseeing and coordinating the provision of forensic services in Victoria, assisting the Coroners Court with its functions under the Coroners Act 2008, contributing to public health and safety and the administration of justice, contributing to reducing the number of preventable deaths, contributing to the development of knowledge in regard to forensic research and assisting in the provision of teaching and training.
Clause 9 sets out the functions of the institute. Clause 10 sets out the powers of the institute to do all things necessary or convenient for the performance of its functions. Clause 20 provides that the board must establish a stakeholder advisory group to assist the board in its decision-making and the performance of its functions. Clause 24 sets out the appointment of a chief executive officer, and clause 26 sets out the role of director of forensic medicine. There are several other clauses, and I could go on all day listing them, but I think it is important to look at the VIFM itself and the reason why it is important to get this piece of legislation right. The VIFM plays –
I am so sorry. Oh, my golly!
The ACTING SPEAKER (Paul Mercurio): Member for Euroa, you can speak from your seat if you would like to.
Annabelle CLEELAND: Well, I wrote it so I would not be standing for very long. That is forewarning for the next speaker.
A member: This is in Hansard.
Annabelle CLEELAND: Thank you to my whip for making an eight-months-pregnant woman speak at 6:30 at night. Now that is in Hansard.
The VIFM plays an important role across the justice system, our health system and policing in this state, and therefore it is crucial to ensure it is operating effectively. However, the success and effectiveness of the VIFM has been called into question before. A review was conducted by the government last year; however, this has not been made available. While this report has not been made public for us to see, there have been other reviews that reference the effectiveness of the VIFM, including a report into the justice system response to sexual offences from 2021. This report from the Victorian Law Reform Commission references the VIFM 27 times, with many aspects of the existing system called into question, which we have heard so much of this evening. One major point mentioned is the need for partnerships between agencies and organisations like the VIFM. This includes cooperation between the VIFM, Victoria Police and the child protection and sexual assault services in Victoria. Because the VIFM has operated mostly of its own accord, certain decisions it has made have failed to incorporate the suggestions of other relevant groups that respond to serious causes, such as sexual violence. This includes having forensic medical examinations limited to just three metro locations following COVID – something that was said to have created additional barriers and unwarranted stress for victim-survivors.
The report goes on to list several more considerations – everything from the science behind forensic testing to the security of the facilities. The key recommendations of this report are clear. This government should develop measures, as part of their sexual assault strategy, including extending access to forensic medical examinations across Victoria, including by the increased use of forensic nurses, and giving victim-survivors the option of a forensic medical examination without requiring a report to police.
Also in this report are several areas of concern when it comes to how forensic examination systems have been failing Victorian victims. We heard this earlier and throughout this evening’s debate from the member for Malvern as well as my colleagues who referenced the story of a victim-survivor that was forced to remain in her soiled clothing for 30 hours due to the unavailability of a forensic doctor when they reported their assault to police. With stories like this it is clear that changes have been necessary, and I hope this legislation can bring forward positive change in this space.
I believe the reasoned amendment proposed for this legislation offers the most suitable way of improving this bill. The amendment calls for the government to (a) better consult with the medical profession in Victoria on the VIFM, (b) ensure that victim-survivors of sexual assault can obtain timely forensic medical services and (c) improve safeguards for the use and sharing of personal information held by the VIFM.