PARLIAMENTARY DEBATES (HANSARD) - PARLIAMENT OF VICTORIA - LEGISLATIVE ASSEMBLY FIFTY-NINTH PARLIAMENT FIRST SESSION TUESDAY, 2 MARCH 2021
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PARLIAMENT OF VICTORIA PARLIAMENTARY DEBATES (HANSARD) LEGISLATIVE ASSEMBLY FIFTY-NINTH PARLIAMENT FIRST SESSION TUESDAY, 2 MARCH 2021 Internet: www.parliament.vic.gov.au/downloadhansard By authority of the Victorian Government Printer
The Governor The Honourable LINDA DESSAU, AC The Lieutenant-Governor The Honourable KEN LAY, AO, APM The ministry Premier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. DM Andrews, MP Deputy Premier, Minister for Education and Minister for Mental Health The Hon. JA Merlino, MP Attorney-General and Minister for Resources . . . . . . . . . . . . . . . . . . . . . . . . The Hon. J Symes, MLC Minister for Transport Infrastructure and Minister for the Suburban Rail Loop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. JM Allan, MP Minister for Training and Skills, and Minister for Higher Education . . . . The Hon. GA Tierney, MLC Treasurer, Minister for Economic Development and Minister for Industrial Relations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. TH Pallas, MP Minister for Public Transport and Minister for Roads and Road Safety . . The Hon. BA Carroll, MP Minister for Energy, Environment and Climate Change, and Minister for Solar Homes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. L D’Ambrosio, MP Minister for Child Protection and Minister for Disability, Ageing and Carers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. LA Donnellan, MP Minister for Health, Minister for Ambulance Services and Minister for Equality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. MP Foley, MP Minister for Ports and Freight, Minister for Consumer Affairs, Gaming and Liquor Regulation, and Minister for Fishing and Boating . . . . . . . The Hon. MM Horne, MP Minister for Crime Prevention, Minister for Corrections, Minister for Youth Justice and Minister for Victim Support . . . . . . . . . . . . . . . . . . . . The Hon. NM Hutchins, MP Minister for Local Government, Minister for Suburban Development and Minister for Veterans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. SL Leane, MLC Minister for Water and Minister for Police and Emergency Services . . . . The Hon. LM Neville, MP Minister for Industry Support and Recovery, Minister for Trade, Minister for Business Precincts, Minister for Tourism, Sport and Major Events, and Minister for Racing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. MP Pakula, MP Assistant Treasurer, Minister for Regulatory Reform, Minister for Government Services and Minister for Creative Industries . . . . . . . . . . The Hon. DJ Pearson, MP Minister for Employment, Minister for Innovation, Medical Research and the Digital Economy, and Minister for Small Business . . . . . . . . . . The Hon. JL Pulford, MLC Minister for Multicultural Affairs, Minister for Community Sport and Minister for Youth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. RL Spence, MP Minister for Workplace Safety and Minister for Early Childhood . . . . . . . The Hon. I Stitt, MLC Minister for Agriculture and Minister for Regional Development . . . . . . . The Hon. M Thomas, MP Minister for Prevention of Family Violence, Minister for Women and Minister for Aboriginal Affairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Hon. G Williams, MP Minister for Planning and Minister for Housing . . . . . . . . . . . . . . . . . . . . . . The Hon. RW Wynne, MP Cabinet Secretary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ms S Kilkenny, MP
OFFICE-HOLDERS OF THE LEGISLATIVE ASSEMBLY FIFTY-NINTH PARLIAMENT—FIRST SESSION Speaker The Hon. CW BROOKS Deputy Speaker Ms JM EDWARDS Acting Speakers Ms Blandthorn, Mr J Bull, Mr Carbines, Ms Connolly, Ms Couzens, Ms Crugnale, Mr Dimopoulos, Mr Edbrooke, Ms Halfpenny, Ms Kilkenny, Mr McGuire, Ms Richards, Mr Richardson, Ms Settle, Ms Suleyman, Mr Taylor and Ms Ward Leader of the Parliamentary Labor Party and Premier The Hon. DM ANDREWS Deputy Leader of the Parliamentary Labor Party and Deputy Premier The Hon. JA MERLINO Leader of the Parliamentary Liberal Party and Leader of the Opposition The Hon. MA O’BRIEN Deputy Leader of the Parliamentary Liberal Party The Hon. LG McLEISH Leader of The Nationals and Deputy Leader of the Opposition The Hon. PL WALSH Deputy Leader of The Nationals Ms SM RYAN Leader of the House Ms JM ALLAN Manager of Opposition Business Mr KA WELLS Heads of parliamentary departments Assembly: Clerk of the Legislative Assembly: Ms B Noonan Council: Clerk of the Parliaments and Clerk of the Legislative Council: Mr A Young Parliamentary Services: Secretary: Mr P Lochert
MEMBERS OF THE LEGISLATIVE ASSEMBLY FIFTY-NINTH PARLIAMENT—FIRST SESSION Member District Party Member District Party Addison, Ms Juliana Wendouree ALP Maas, Mr Gary Narre Warren South ALP Allan, Ms Jacinta Marie Bendigo East ALP McCurdy, Mr Timothy Logan Ovens Valley Nats Andrews, Mr Daniel Michael Mulgrave ALP McGhie, Mr Stephen John Melton ALP Angus, Mr Neil Andrew Warwick Forest Hill LP McGuire, Mr Frank Broadmeadows ALP Battin, Mr Bradley William Gembrook LP McLeish, Ms Lucinda Gaye Eildon LP Blackwood, Mr Gary John Narracan LP Merlino, Mr James Anthony Monbulk ALP Blandthorn, Ms Elizabeth Anne Pascoe Vale ALP Morris, Mr David Charles Mornington LP Brayne, Mr Chris Nepean ALP Neville, Ms Lisa Mary Bellarine ALP Britnell, Ms Roma South-West Coast LP Newbury, Mr James Brighton LP Brooks, Mr Colin William Bundoora ALP Northe, Mr Russell John Morwell Ind Bull, Mr Joshua Michael Sunbury ALP O’Brien, Mr Daniel David Gippsland South Nats Bull, Mr Timothy Owen Gippsland East Nats O’Brien, Mr Michael Anthony Malvern LP Burgess, Mr Neale Ronald Hastings LP Pakula, Mr Martin Philip Keysborough ALP Carbines, Mr Anthony Richard Ivanhoe ALP Pallas, Mr Timothy Hugh Werribee ALP Carroll, Mr Benjamin Alan Niddrie ALP Pearson, Mr Daniel James Essendon ALP Cheeseman, Mr Darren Leicester South Barwon ALP Read, Dr Tim Brunswick Greens Connolly, Ms Sarah Tarneit ALP Richards, Ms Pauline Cranbourne ALP Couzens, Ms Christine Anne Geelong ALP Richardson, Mr Timothy Noel Mordialloc ALP Crugnale, Ms Jordan Alessandra Bass ALP Riordan, Mr Richard Vincent Polwarth LP Cupper, Ms Ali Mildura Ind Rowswell, Mr Brad Sandringham LP D’Ambrosio, Ms Liliana Mill Park ALP Ryan, Stephanie Maureen Euroa Nats Dimopoulos, Mr Stephen Oakleigh ALP Sandell, Ms Ellen Melbourne Greens Donnellan, Mr Luke Anthony Narre Warren North ALP Scott, Mr Robin David Preston ALP Edbrooke, Mr Paul Andrew Frankston ALP Settle, Ms Michaela Buninyong ALP Edwards, Ms Janice Maree Bendigo West ALP Sheed, Ms Suzanna Shepparton Ind Eren, Mr John Hamdi Lara ALP Smith, Mr Ryan Warrandyte LP Foley, Mr Martin Peter Albert Park ALP Smith, Mr Timothy Colin Kew LP Fowles, Mr Will Burwood ALP Southwick, Mr David James Caulfield LP Fregon, Mr Matt Mount Waverley ALP Spence, Ms Rosalind Louise Yuroke ALP Green, Ms Danielle Louise Yan Yean ALP Staikos, Mr Nicholas Bentleigh ALP Guy, Mr Matthew Jason Bulleen LP Staley, Ms Louise Eileen Ripon LP Halfpenny, Ms Bronwyn Thomastown ALP Suleyman, Ms Natalie St Albans ALP Hall, Ms Katie Footscray ALP Tak, Mr Meng Heang Clarinda ALP Halse, Mr Dustin Ringwood ALP Taylor, Mr Jackson Bayswater ALP Hamer, Mr Paul Box Hill ALP Theophanous, Ms Katerina Northcote ALP Hennessy, Ms Jill Altona ALP Thomas, Ms Mary-Anne Macedon ALP Hibbins, Mr Samuel Peter Prahran Greens Tilley, Mr William John Benambra LP Hodgett, Mr David John Croydon LP Vallence, Ms Bridget Evelyn LP Horne, Ms Melissa Margaret Williamstown ALP Wakeling, Mr Nicholas Ferntree Gully LP Hutchins, Ms Natalie Maree Sykes Sydenham ALP Walsh, Mr Peter Lindsay Murray Plains Nats Kairouz, Ms Marlene Kororoit ALP Ward, Ms Vicki Eltham ALP Kealy, Ms Emma Jayne Lowan Nats Wells, Mr Kimberley Arthur Rowville LP Kennedy, Mr John Ormond Hawthorn ALP Williams, Ms Gabrielle Dandenong ALP Kilkenny, Ms Sonya Carrum ALP Wynne, Mr Richard William Richmond ALP PARTY ABBREVIATIONS ALP—Labor Party; Greens—The Greens; Ind—Independent; LP—Liberal Party; Nats—The Nationals.
Legislative Assembly committees Economy and Infrastructure Standing Committee Ms Addison, Mr Blackwood, Ms Couzens, Mr Eren, Ms Ryan, Ms Theophanous and Mr Wakeling. Environment and Planning Standing Committee Ms Connolly, Mr Fowles, Ms Green, Mr Hamer, Mr McCurdy, Mr Morris and Ms Vallence. Legal and Social Issues Standing Committee Mr Battin, Ms Couzens, Ms Kealy, Ms Settle, Mr Southwick, Ms Suleyman and Mr Tak. Privileges Committee Ms Allan, Mr Carroll, Mr Guy, Ms Hennessy, Mr McGuire, Mr Morris, Mr Pakula, Ms Ryan and Mr Wells. Standing Orders Committee The Speaker, Ms Allan, Mr Cheeseman, Ms Edwards, Mr Fregon, Ms McLeish, Ms Sheed, Ms Staley and Mr Walsh. Joint committees Dispute Resolution Committee Assembly: Ms Allan, Ms Hennessy, Mr Merlino, Mr Pakula, Mr R Smith, Mr Walsh and Mr Wells. Council: Mr Bourman, Ms Crozier, Mr Davis, Ms Mikakos, Ms Symes and Ms Wooldridge. Electoral Matters Committee Assembly: Mr Guy, Ms Hall and Dr Read. Council: Mr Erdogan, Mrs McArthur, Mr Meddick, Mr Melhem, Ms Lovell, Mr Quilty and Mr Tarlamis. House Committee Assembly: The Speaker (ex officio), Mr T Bull, Ms Crugnale, Ms Edwards, Mr Fregon, Ms Sandell and Ms Staley. Council: The President (ex officio), Mr Bourman, Mr Davis, Mr Leane, Ms Lovell and Ms Stitt. Integrity and Oversight Committee Assembly: Mr Halse, Ms Hennessy, Mr Rowswell, Mr Taylor and Mr Wells. Council: Mr Grimley and Ms Shing. Public Accounts and Estimates Committee Assembly: Ms Blandthorn, Mr Hibbins, Mr Maas, Mr Newbury, Mr D O’Brien, Ms Richards, Mr Richardson and Mr Riordan. Council: Mr Limbrick and Ms Taylor. Scrutiny of Acts and Regulations Committee Assembly: Mr Burgess, Ms Connolly and Mr R Smith. Council: Mr Gepp, Ms Patten and Ms Watt.
CONTENTS ANNOUNCEMENTS Acknowledgement of country ...................................................................................................................................... 651 Royal Commission into Victoria’s Mental Health System ....................................................................................... 651 DOCUMENTS Royal Commission into Victoria’s Mental Health System ....................................................................................... 651 Final Report............................................................................................................................................................... 651 BUSINESS OF THE HOUSE Standing and sessional orders....................................................................................................................................... 668 MEMBERS Minister for Water ......................................................................................................................................................... 669 Absence ..................................................................................................................................................................... 669 QUESTIONS WITHOUT NOTICE AND MINISTERS STATEMENTS Ministerial conduct ........................................................................................................................................................ 670 Ministers statements: Royal Commission into Victoria’s Mental Health System .................................................. 671 Ministerial conduct ........................................................................................................................................................ 671 Ministers statements: Royal Commission into Victoria’s Mental Health System .................................................. 672 Mental health services ................................................................................................................................................... 672 Ministers statements: Royal Commission into Victoria’s Mental Health System .................................................. 675 Gas imports .................................................................................................................................................................... 675 Ministers statements: Royal Commission into Victoria’s Mental Health System .................................................. 676 Royal Commission into Crown Melbourne ................................................................................................................ 676 Ministers statements: mental health reform ................................................................................................................ 677 CONSTITUENCY QUESTIONS Rowville electorate ........................................................................................................................................................ 677 Box Hill electorate ......................................................................................................................................................... 678 Ovens Valley electorate ................................................................................................................................................ 678 Burwood electorate........................................................................................................................................................ 678 Forest Hill electorate ..................................................................................................................................................... 678 Hawthorn electorate ...................................................................................................................................................... 679 Mildura electorate.......................................................................................................................................................... 679 Broadmeadows electorate............................................................................................................................................. 679 Polwarth electorate ........................................................................................................................................................ 679 Lara electorate................................................................................................................................................................ 680 BILLS Cemeteries and Crematoria Amendment Bill 2021 ................................................................................................... 680 Introduction and first reading .................................................................................................................................. 680 Workplace Injury Rehabilitation and Compensation Amendment (Arbitration) Bill 2021................................... 681 Introduction and first reading .................................................................................................................................. 681 BUSINESS OF THE HOUSE Notices of motion .......................................................................................................................................................... 681 COMMITTEES Scrutiny of Acts and Regulations Committee ............................................................................................................ 681 Alert Digest No. 3..................................................................................................................................................... 681 DOCUMENTS Documents ..................................................................................................................................................................... 682 BILLS Summary Offences Amendment (Decriminalisation of Public Drunkenness) Bill 2020 ...................................... 682 Council’s agreement................................................................................................................................................. 682 Owners Corporations and Other Acts Amendment Bill 2019 .................................................................................. 682 Summary Offences Amendment (Decriminalisation of Public Drunkenness) Bill 2020 ...................................... 682 Workplace Injury Rehabilitation and Compensation Amendment (Provisional Payments) Bill 2020 ................ 682 Royal assent .............................................................................................................................................................. 682 Industrial Relations Legislation Amendment Bill 2021 ............................................................................................ 683 Appropriation ............................................................................................................................................................ 683 BUSINESS OF THE HOUSE Program .......................................................................................................................................................................... 683 MEMBERS STATEMENTS Royal Commission into Victoria’s Mental Health System ....................................................................................... 687 COVID-19...................................................................................................................................................................... 687 Live at the Bowl............................................................................................................................................................. 687 International Women’s Day ......................................................................................................................................... 688
Mental health.................................................................................................................................................................. 688 Wangaratta Cup ............................................................................................................................................................. 688 Cambodia ....................................................................................................................................................................... 688 Berwick College ............................................................................................................................................................ 689 Royal Commission into Victoria’s Mental Health System ....................................................................................... 689 Horace Petty estate ........................................................................................................................................................ 689 Box Hill transit interchange .......................................................................................................................................... 690 Salvation Army Box Hill Corps ................................................................................................................................... 690 Surrey Hills Music Festival .......................................................................................................................................... 690 Surrey Hills and Canterbury cricket clubs .................................................................................................................. 690 Small business support .................................................................................................................................................. 690 Sunbury electorate sports facilities .............................................................................................................................. 691 COVID-19...................................................................................................................................................................... 691 Royal Commission into Victoria’s Mental Health System ....................................................................................... 691 COVID-19...................................................................................................................................................................... 692 Sunshine private hospital .............................................................................................................................................. 692 Bayswater electorate sporting clubs ............................................................................................................................ 692 Bayswater education plan ............................................................................................................................................. 693 TAFE funding ................................................................................................................................................................ 693 Royal Commission into Victoria’s Mental Health System ....................................................................................... 693 Royal Commission into Victoria’s Mental Health System ....................................................................................... 693 Royal Commission into Victoria’s Mental Health System ....................................................................................... 694 Pascoe Vale South Primary School ............................................................................................................................. 694 BILLS Planning and Environment Amendment Bill 2021 .................................................................................................... 694 Second reading.......................................................................................................................................................... 694 ADJOURNMENT Dunolly independent living units ................................................................................................................................. 731 Plastic bag ban ............................................................................................................................................................... 731 Gippsland East events ................................................................................................................................................... 732 Glenroy College............................................................................................................................................................. 732 Port Fairy emergency services ..................................................................................................................................... 733 Burwood electorate mental health round table ........................................................................................................... 733 Greater Shepparton Secondary College ...................................................................................................................... 734 International Women’s Day ......................................................................................................................................... 734 Office of the Conservation Regulator .......................................................................................................................... 735 Graffiti prevention grants.............................................................................................................................................. 736 Responses ....................................................................................................................................................................... 736
ANNOUNCEMENTS Tuesday, 2 March 2021 Legislative Assembly 651 Tuesday, 2 March 2021 Honourable members met in Royal Exhibition Building at 10.00 am for a special sitting of Parliament in accordance with resolution of house of 19 February and a proclamation of the Governor of 25 February. The SPEAKER (Hon. Colin Brooks) took the chair at 10.02 am and read the prayer. Announcements ACKNOWLEDGEMENT OF COUNTRY The SPEAKER (10:03): We acknowledge the traditional Aboriginal owners of the land upon which we are meeting. We pay our respects to them, their culture, their elders past, present and future, and elders from other communities who may be here today. ROYAL COMMISSION INTO VICTORIA’S MENTAL HEALTH SYSTEM The SPEAKER (10:03): Honourable members; the Premier; the Leader of the Opposition; the Minister for Mental Health; the Shadow Minister for Mental Health; the President of the Legislative Council; members of the Council; royal commissioners Penny Armytage, AM, Professor Allan Fels, AO, Dr Alex Cockram and Professor Bernadette McSherry; and most importantly the many guests here today who have lived experience in or with or who work in the mental health sector, I want to warmly welcome you all to this special sitting of the Legislative Assembly along with members of the Council. In a few moments the Clerk of the Assembly will officially table the report of the Royal Commission into Victoria’s Mental Health System. We will then hear from Penny Armytage, AM, chair of the royal commission; Patrick McGorry, AO, chair of the commission’s expert advisory committee; Ms Amelia Morris and Mr Alistair Gabb, both lived experience advocates; the Premier; the Leader of the Opposition; the Minister for Mental Health; and the Shadow Minister for Mental Health. We understand that it may be difficult for those here and watching at home given the discussion about mental health conditions and lived experience, including suicide. You may find some of the content of today’s event difficult, distressing or challenging. Please reach out if you require assistance. We have professional support services located here on site to the sides of where people are sitting. I might just ask those support workers to raise their hands so people can see them. Thank you. For those watching the broadcast, if you need help, please do not hesitate to reach out. Details of support, including 24/7 hotlines, are available on the live stream’s webpage. The Legislative Assembly chose to meet here today, in this grand building where our nation’s Parliament first met nearly 120 years ago, so that all MPs could be together with many of you who truly understand how important a strong and supportive mental health system is. We will now move through some of the processes. Firstly, I inform the members of the Assembly that the Governor has issued a proclamation fixing the places for the dispatch of business of the Legislative Assembly. Now we move to the tabling of the report. Documents ROYAL COMMISSION INTO VICTORIA’S MENTAL HEALTH SYSTEM Final Report The CLERK: Under the Inquiries Act 2014, I table the final report of the Royal Commission into Victoria’s Mental Health System. Ordered to be published.
DOCUMENTS 652 Legislative Assembly Tuesday, 2 March 2021 The SPEAKER: The report will be emailed to members now, and a summary booklet will be made available at the conclusion of this morning’s proceedings to everybody. It is now my pleasure to invite Penny Armytage, AM, chair of the Royal Commission into Victoria’s Mental Health System, to address the house. Ms Penny ARMYTAGE, AM (10:06): Thank you, Speaker. I acknowledge the traditional owners of the land on which we meet, the people of the Kulin nation. I pay respects to elders past, present and emerging and any elders here today. I am joined by fellow commissioners, Dr Alex Cockram, Professor Allan Fels and Professor Bernadette McSherry. I am privileged to stand before you here today This commission was established in February 2019 because the mental health system was failing. Since this time, people have engaged with us openly, collaboratively and with enormous strength and courage, and in a hope of shaping a better future. Today I will share just a small selection of the inputs we received to emphasise the observations I am making. These inputs, combined with a vast array of data, analysis, research and evidence gathered during two years of intense work, inform the conclusions and recommendations of our 3000-page, five-volume report. The power of human experience united and strengthened our resolve. We take great pride in the fact that this royal commission engaged broadly and received more than 12 500 contributions from individuals and organisations from across Victoria and beyond. By any measure, this is a historic level of engagement with any royal commission. Our inquiry focused very deliberately on the impact of a broken system on people as well as the great opportunities that come with a chance to reform. The contributions we received left us in no doubt that the system had indeed failed and had been failing for decades. Honor Eastly, a witness before the commission, shared: It wasn’t until I started working in advocacy … that I started to understand that a big part of what I was … struggling with was a broken and traumatic system. I had, up until that point, thought that what was happening was because I was a broken and ill person. The mental health system has catastrophically failed to live up to expectations and is woefully unprepared for current and future challenges. The 2019–20 severe bushfire season and the COVID-19 pandemic have shone further light on the pressures on the system. Personally I was shocked by what I heard and what I saw during the course of this commission. The system was not compromised in part: its foundations were broken. Despite many members of the mental health workforce doing their best, demand has outstripped supply, the system reacts to mental health crises rather than preventing them and the preferences of consumers are often ignored. The views of families are too often dismissed and their needs inadequately supported. These are not glib statements. These are people’s true and confronting experiences. And yet this is a problem that affects us all and belongs to us all. Most of us or someone we love or care for will experience poor mental health in their lifetime. We must be able to depend on a responsive and compassionate mental health and wellbeing system. There is, however, much cause for hope. We have been heartened by the increased focus on mental health and wellbeing by all levels of government and in the public domain. We are buoyed by this hope and believe that the environment for reform is now. There is an urgent and critical case for change. Victoria’s mental health system is under-resourced; there has simply never been enough investment in it. The implications for consumers and families are stark. People cannot access enough treatment, care and support, or any at all. Typically this means that the system offers too little, too late. Last year the system responded to less than one-third of the estimated demand for community-based mental health services. Surprisingly, for those who were seen by a consultant psychiatrist, the average total service hours is estimated to be just 2 hours per person per year. This is incredibly compromising for everyone—consumers, families and the workforce alike. A lack of resources has forced services to raise the threshold for whom they can see. Again and again
DOCUMENTS Tuesday, 2 March 2021 Legislative Assembly 653 we heard from people and their families, at times in harrowing detail, about the negative impact of being told that they were not sick enough or not suicidal enough to access services, and the sometimes tragic consequences of this. As one person described: Reaching out for help … is hard enough … But … to then be turned away from treatment makes the anxiety about reaching out even worse for fear of being told you aren’t worthy of treatment. It is unacceptable that people are being turned away from service, often in their darkest hour. Those in the workforce find themselves trying to do their best in a system that constrains them. For a workforce driven by empathy and motivated to make a difference, this is particularly distressing. As the Royal Australian and New Zealand College of Psychiatrists explained: Psychiatrists and other mental health workers, are facing moral distress: a desire and knowledge to do the right thing, but system constraints make it impossible to do so. Serious workforce shortages mean that people may feel overwhelmed and under-resourced. One member of the workforce told us: In my workplace … the team is very burnt out and mentally exhausted … and people keep turning up to work, because of not letting the team down. We must acknowledge that as a broader community we have allowed the system’s failings to go almost unnoticed for too long. The failings of our community to demand a mental health system as strong as the rest of our health system says much about the stigma and discrimination against people living with mental illness. This in part explains why public investment in mental health has remained so low, why complacency and meagre expectations have stifled reform and why the mental health system has been relegated to the shadows. The blunt differences between the mental health system and the broader health system were highlighted by one parent, who reflected, ‘I have a son who has leukaemia and now a daughter with a mental health challenge. When my son was diagnosed with leukaemia we were immediately connected into an incredible amount of support and services, including those outside the hospital. Our experience when my daughter’s mental illness was diagnosed was completely the opposite’. These disparities are shameful and must stop. The mental health system must never again be neglected like this. It matters too much to too many. We must address the fact that the mental health system is imbalanced. Under-resourcing has led to an over-reliance on medication, and too little is offered by way of therapeutic and recovery-oriented services. And we know that this is not how the workforce wants to work. There is not enough focus on promotion of mental health and wellbeing despite the clear economic and social benefits. There is much to be gained from greater investment in the system. These opportunities relate mainly to relieving the profound human toll that a failing system has on individuals and families. There are, however, also benefits for the economy and the wider community that accrue from investing in improved mental health. Our analysis suggests that a 15 per cent reduction in the level of need achieved through earlier and expanded access to services would deliver $1.1 billion in additional economic activity in Victoria. Critically, we are failing to safeguard the good mental health and wellbeing of our future generations. Many opportunities to support people early in life are lost. This undermines the ability of children and young people to experience their best mental health and wellbeing both now and into adulthood. At the other end of the spectrum there is a large service gap for older Victorians. Suicide continues to have a profound effect on our community. In 2019 there were 718 deaths by suicide in Victoria. That is more than double the road toll. While suicide is not always associated with mental illness, suicide of people who have not been able to get the help and treatment they need from mental illness are indicative of a failing mental health system. Inequities, including those that relate to how people access mental health services, need to be tackled. While poor mental health does not
DOCUMENTS 654 Legislative Assembly Tuesday, 2 March 2021 discriminate, some people, including Aboriginal people, LGBTIQ+ people, refugees, people from culturally diverse backgrounds and people living with disabilities, experience additional barriers. Where people live can detrimentally impact services they can access. This situation can be worse for people in rural and regional areas. Additionally, the abandonment of carers and young carers, some just kids, by multiple service systems has been appalling. As one witness has told us: My caring role for mum was always my first priority growing up … I dropped out of year 12 as the caring responsibilities and my own mental health … all got too much to be able to manage the workload. I feel like it has set me back in life. For some young people, meeting other young carers at a commission consultation was the first time they had made a connection and felt supported. Many people who access the services are not treated with dignity and respect, and people are not supported to make decisions. Sadly, inpatient units too often feel frightening and unsafe. The prevalence of interpersonal and sexual violence, particularly towards women, is entrenched and unacceptable. Consumers have their human rights breached through the use of compulsory treatment, seclusion and restraint. The rates of compulsory treatment used in Victoria are increasing and remain high across all age groups, with a significant proportion of people subject to compulsory treatment for extended periods of time. Safeguards have not produced the reductions desired, and we are not convinced that compulsory treatment is used as a last resort. The following reflection from a consumer explains how a reformed system may change this: I reflect on these three compulsory admissions with sadness. I wonder how my mental health trajectory could have been different if the GP I’d seen in the lead up to my first episode had organised an urgent psychiatric referral and I’d been supported to sleep; if the [Crisis Assessment and Treatment Team] had come the first time I’d called them and helped prevent my second episode; if the private hospital had treated me adequately rather than discharging me and prevented my third episode. The mental health system should be set up to support people, not to compound distress and trauma. These themes are just a snapshot at what it means to have a broken system. For too long the profound human, societal and economic toll of a failing system has been ignored. We know that a collection of discrete reforms to an antiquated system is not viable. We have recommended a fundamental redesign. The words of a participant in a community consultation speak to what is needed. They said: … [w]e don’t want to fill in the pot holes, we want a new road. Our inquiry has shone a light on a failed system. We cannot change the past. We can, however, demand a new way forward. Today time does not allow a detailed explanation of our findings nor the rationale behind each of our recommendations. This is detailed in our final report, which puts 65 recommendations and builds on the nine recommendations from our interim report. Together they address our letters patent and recommend large-scale transformational change. The transformation we have recommended involves the full continuum of effort from prevention and promotion of mental health through to how the system assists people who require ongoing and intensive support. Importantly, our recommendations establish a new mental health and wellbeing system that is built on compassion. Many people spoke about the difference compassionate care, kindness and connection made to their lives. This has resonated with us as commissioners. Now I will briefly speak to some of our reforms that exemplify these themes of compassion and connection. First, we must acknowledge that respect for the inherent dignity of people living with mental illness or psychological distress and ensuring their full and effective participation in society are fundamental tenets of a compassionate system. To see this, we must see fundamental cultural change and a future system in which power must be redistributed so that consumers can lead and influence decisions on an equal basis to others. In a compassionate system, services will be delivered based on
DOCUMENTS Tuesday, 2 March 2021 Legislative Assembly 655 a philosophy of ‘How can we help?’. People will be able to access a range of services that respond to their needs and preferences and that are delivered by a multidisciplinary workforce. A balanced future system with a careful mix of hospital- and community-based services will mean that most care is provided close to people’s homes and in their local communities. Through new and innovative ways of working there will be a broad range of services, including bed-based services in the community. With the primary care system, this will go a long way to addressing the services gap experienced by people, including those in the missing middle. Our reforms also look beyond the system, recognising that other social services such as housing, education, the justice system and the places we live, work, learn and connect shape our mental health and wellbeing. In recommending a holistic approach we have drawn on the knowledge long held by Aboriginal people and other diverse communities that connection to land, culture, spirituality, family and community all influence mental health and wellbeing. Good mental health and wellbeing are closely tied to our connections to each other. Families and communities are where people have the relationships and the resources they can draw on to help manage distress and move towards recovery. In this sense, we all have a role to play. The centrality of community is also emphasised through our reforms for expanded community-based mental health and wellbeing services. For example, 50 to 60 new local mental health and wellbeing services for adults and older adults will be established. This will shift the focal point of the system away from emergency departments of hospitals. For those in crisis, police and ambulance call-outs and emergency departments will no longer be the only options. New consumer-led safe places will be available for people experiencing distress. Substantial investment in and reform of the community-based mental health system is needed. Historic underinvestment and demand pressures mean that the system is overwhelmed. Last year the gap between what the service provided by the way of community-based services and what was required was around 3.3 million hours. This measure of unmet demand underscores a substantial gap in treatment, care and support that needs to be urgently addressed. We have also made a range of recommendations to ensure the system is attuned to promoting inclusion and overcoming inequities. Aboriginal people told us that embedding healing practices is critical to supporting resilience, healing and recovery. Building on our interim report we have recommended the delivery of healing centres to complement social and emotional wellbeing services delivered by Aboriginal community controlled health organisations. New expectations on services will mean the needs of Victoria’s diverse communities will be recognised and responded to. Support for LGBTIQ+ people will be strengthened, including support to navigate and access the system and the establishment of a tailored after-care service for those experiencing suicidal behaviour. Disparities in service access and mental health and wellbeing outcomes across rural and regional communities will also be resolved, with the cost of rural service delivery acknowledged, services expanded and strategies established to attract and retain more mental health workers. Stable housing is a key pillar to our agenda of overcoming inequities. We have ensured that people living with mental illness will be recognised as a priority population for housing, and supported housing places will be provided for young people. We have made several recommendations to get the system’s foundations right. Consumers, families and carers will lead and partner with others in reform. A new consumer-led agency will be established to support the development of organisations and services led by and for consumers. The role of families will be properly recognised and new family- and carer-led centres established across the state to support them. A new, independent Mental Health and Wellbeing Commission will hold the Victorian government to account for the performance of the system as well as the implementation of
DOCUMENTS 656 Legislative Assembly Tuesday, 2 March 2021 these reforms. There will be sustained focus on radically reducing compulsory treatment and eliminating restrictive practices, as well as tackling the unacceptable rate of gender-based violence. The commission has called for a fundamental modernisation of the system. Adaptable service delivery is crucial to improving people’s experiences. The Victorian Collaborative Centre for Mental Health and Wellbeing recommended in our interim report will be pivotal to the translation of evidence into practice. The future system will be enabled through appropriate and accessible digital platforms, improving access, information sharing and continuity of care. And, importantly, our reforms cannot be delivered without the workforce, the beating heart of the system. Our reforms will support a workforce that is skilled and diverse. There will be increased support for workforce wellbeing as well as for practice and professional development activities. Collectively these and our other reforms create a future system where people will have access to high-quality services that are compassionate, responsive and respectful. We have moved beyond filling in the potholes; we have created an entirely new road. Implementation of the commission’s recommendations will not be easy. These recommendations are, however, pragmatic and achievable. They have been informed by careful analysis and significant input. The transformation recommended will not come cheaply, but the costs of inaction are too great. This report is truly a collective effort. Showing exceptional determination, people have shared their deeply personal stories and analysis of the system to shape a better future. We are forever indebted to their openness and collaboration. Their experiences and ideas have shaped our reforms. A glimpse of the generosity displayed by the community is available via the personal stories in our reports and witness statements on our website. This generosity will also be exemplified by what you will hear from Al Gabb and Amelia Morris shortly. Thank you to all who have contributed, and thank you to my fellow commissioners for bringing their expertise and commitment to this task. Thank you also to our hardworking and talented commission staff, notably our skilful CEO, Jodie Geissler. The commission has been ably assisted by its expert advisory committee, chaired by Professor Pat McGorry, and our specialist advisers, including lived experience advisers and counsel assisting. It is imperative that the shared commitment, the ambition and collaborative efforts displayed throughout this inquiry continue across government, both federal and state, service providers and the community. The importance of good mental health and wellbeing cannot be sidelined any longer and implementation should not be delayed. This is not someone else’s problem; this is about all of us. Good mental health and wellbeing are responsibilities shared by government and the community. The Victorian community’s optimism and desire for change provides an opportunity to create reform that will last. Political and cross-party interest at the highest level is important if longstanding pleas for reform are to be acted on. This requires strong leadership to ensure change endures. A clear path for reform has been set and the momentum for change cannot be lost. The hopes of so many Victorians rest on the implementation of the commission’s report. Our inquiry is over. It is time for action. The SPEAKER: Thank you, Ms Armytage. I now invite Patrick McGorry, AO, to address the house. Professor Patrick McGORRY, AO (10:29): Thank you, Mr Speaker. I would like to start by echoing Penny Armytage’s acknowledgement of the traditional owners of the land on which we gather today and pay my respects to their elders past, present and emerging as well, but I would also like to acknowledge everyone around the world who has suffered from mental illness and their families and pay my respects and our respects to their suffering and their resilience as well. This is not just a historic day for Victoria, but it is an intensely moving one, and I fully expect it will prove to be historic for the rest of Australia and the global community as well. We are at a watershed, as Penny just illustrated. Mental illness has been seriously neglected within our society and health systems. We—I—have seen many false dawns. Twenty-five years ago in Victoria we uprooted mental health care from the 19th-century asylums in which I trained and entrusted it to the mainstream healthcare system, closing thousands of beds with a solemn promise that new community services
DOCUMENTS Tuesday, 2 March 2021 Legislative Assembly 657 would mean that people could mostly avoid long hospital stays and stigma would fade away. This was a promise broken not just in Victoria but all around the developed world, and it has resulted in what our Premier has called a broken system—the first politician in the world honest enough to openly admit to this inexcusable but worldwide policy failure. This failure is fundamentally a human rights issue. As the director of the Castan Centre, Professor Kevin Bell, told the commission: In human rights terms, this is a matter of obligation, not policy. Victoria— and I could add Australia— is not like a developing nation where lack of resources is an explanation for under-investment in health. And by the way, when I was asked over the years which Australian state was doing best on mental health care I was forced to answer, ‘It’s like comparing Botswana to Mozambique’. So that echoes what Kevin actually said, too. This global and local failure has led to a profound human toll and many thousands of preventable deaths, blighted lives and suffering immeasurable. I want to quote an Italian political theorist here, Antonio Gramsci, who said: The crisis consists precisely in the fact that the old is dying and the new cannot be born … I had that feeling in the 1990s when the old mental hospital system was in its death throes. However, the child born at that time had neglectful parents. Today our new parents have decided to give the child a second chance. Victorians will be deeply grateful to the Premier and his government, with the support of the opposition, for realising the only way to create the authorising environment for the scale of reform required was a royal commission. And Victoria has responded, as Penny said, magnificently to this opportunity—absolutely magnificently. I am proud to be a Victorian. The commission has produced a report of unique and unprecedented value. I have seen 50 of these reports surface and gather dust—not this time. So I would like to pay tribute to the wave of personal testimonies that have been a north star for our commission’s work. I would also like to thank the expert advisory committee, which I had the privilege of chairing, as well as the commissioners. These stories bring to life the damning statistics which show the system has failed to provide compassionate and expert care to two out of three people who needed it and locked out nearly 100 000 Victorians every year. This is in large part responsible for the deaths of the 718 people who died from suicide in 2019. Many of them were reaching out for care. Yesterday Sean Kelly wrote in the Age about how trauma and suffering can catalyse major reform. In fact it is one of the main ways reform actually does occur. Racism, child sexual abuse and family violence are classic examples, and mental illness is another. Not only has trauma been a strong theme within the commission, as Penny said, but I can go back to the late 1980s when one of my first pieces of research revealed that people in recovery from psychosis experienced post-traumatic stress symptoms such as nightmares and intrusive memories of their illness episode. These derived in part from an often terrifying experience that people have during the eye of a psychotic storm but also from the devastating experiences of seclusion and restraint, which the commission has actually tackled. A broken system which only allows people into care when they are in a desperately ill state means that these practices become commonplace. No-one wants to react in that way, but people are placed in impossible situations on a daily basis. So the recommendation to reduce and ultimately eliminate these practices is not only welcome but long overdue. A major part of this solution is to offer expert care much earlier. My colleagues and I at the Early Psychosis Prevention and Intervention Centre and now Orygen have spent most of the last 30 years creating and exporting evidence-based models of early intervention which not only transform the experience of patients and families but actually improve outcomes and save money. Early intervention saves lives and futures. In the treatment of cancer the top priority is to detect and treat the person in the very earliest stage of illness, not to wait until it has advanced to a late stage or treatment is ineffective or too late. It is exactly the same with all the non-communicable diseases. We would not dream of turning away two out of three people with chest pain or an early breast lump and dismiss
DOCUMENTS 658 Legislative Assembly Tuesday, 2 March 2021 them with the notion that their illness is not serious enough to deserve care. So it was a real breakthrough to see the value of early intervention boldly asserted in recommendation 1 in the report. Intervening early means a special focus on young people, who bear the major burden of the onset for mental disorders, a burden that is increasing for them year by year. And they have been most heavily impacted by COVID, as we all know. Yet we turn away even more young people than adults. Currently three out of four young people are turned away every single day. One of the most overdue and far-reaching recommendations that the royal commission makes is to shift the upper boundary for specialist youth mental health care to the 26th birthday to align not only with Headspace but with all the scientific evidence that we have. We need to make youth mental health the strongest part of the system. Heavy investment during this stage of life in early intervention is the best buy in mental health care. It will pay for itself and steadily shrink the flow of people into longer term care within the adult mental health system. The commission’s changes here are absolutely transformational. I especially welcome the strong recommendations for genuine support for families and carers. Like most Australians, several people in my own family have experienced mental illness, and we have felt the impact that mental distress has on loved ones ourselves. We have not only been unsupported by the system but marginalised by poor work practices and, sad to say, prejudice against families as well. For young people, while not always the case, families form the vital scaffolding essential for recovery and a productive and fulfilling life. Families often form the only safety net protecting someone with a mental illness from sinking into poverty, homelessness, incarceration or premature death. Most of us live in families and, until proven otherwise, families must be included across the life span wherever possible. The principal focus of the commission and here today has been quite rightly on lived experience. However, I also want to highlight the lived experience of dedicated clinicians and other service providers who have struggled to help people, as Penny said, with mental illness and their families. They have suffered moral injury by being forced to turn away seriously ill people and by having to provide care that they know falls well short of what is possible. Too many clinicians have been harmed too through the neglect of mental health care, including being placed in harm’s way. At the same time, under harsh conditions, they have helped many people and saved many lives, and a substantial minority of clinicians too have lived experience with mental illness. There is no more ‘us and them’. The report avoids another classic false dichotomy between bed-based services and community mental health services that has plagued mental health policy for three decades. A suite of options for new beds is recommended, with further growth in numbers. However, the commission has recognised that the centre of gravity for mental health care must be located in the community and in local communities as far as possible. This means that the governance and financing of mental health care must be transformed. Mental health care will be empowered by the measures that Penny mentioned and protected within the health system for the first time through major changes to governance, financing and transparency. No more will we see precious mental health dollars diverted to areas perceived as more worthy by cash-poor, hospital-centric CEOs. The establishment of eight regional boards, which will ultimately assume the role of commissioning mental health care, will shift the centre of gravity away from large hospitals, which inevitably struggle to value and support community mental health care. The missing middle will no longer be marooned in a no-man’s-land. The commission has emphasised that the implementation of this historic blueprint is now our challenge. They warn against those responsible repeating the work of the commission or revisiting the decisions. This warning must be heeded by government. Gough Whitlam understood this. He said once a compromise was made, once the spirit and pace of reform slackened, it was quite likely lost forever. Reform is hard, and there are always those who have something to lose. I spent my whole working life seeking to engineer reform, and I know firsthand that vested interests and naysayers who operate as merchants of doubt will seek to delay and derail even the changes that are long overdue and have public support. However, I have never before witnessed an authorising environment so strong as that created by this government and this process.
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