Juliana ADDISON (Wendouree) (17:48): I would like to acknowledge the contribution by the member for Narracan. He is such an empathetic and compassionate person. So thank you very much for what you bring to the Parliament, member for Narracan. We need more people like you here.

I am pleased to be able to speak in support of the Victorian Institute of Forensic Medicine Bill 2024, following on from solid contributions from my friend the member for Albert Park – let us see if she looks up; yes, she does – and also the member for Broadmeadows and the member for Eureka. Significantly, this bill will replace the Victorian Institute of Forensic Medicine Act 1985, so it is actually a new act. We are not amending one, we are actually introducing a new act, which is exciting – not just an amendment – which will better reflect and support the work done by the VIFM. The Attorney-General is doing a lot of hard work at the moment and this is another example of it, so I would really like to thank the AG and the ministerial office and the department for the work they have done to bring this bill to the house. I would also like to acknowledge the stakeholder consultation which has occurred and thank the Coroners Court, Victoria Police and the VIFM themselves for their involvement in the development of this legislation.

This bill addresses the legislative underpinnings of the Victorian Institute of Forensic Medicine. It was established almost 40 years ago to provide scientific services to the coroner and the justice system.

Their remit has expanded as forensic science has advanced in the decades since. Currently their world-class work includes involvement in death investigations, including autopsies and forensic radiology; clinical forensic medicine, such as assault examinations; drug testing services, such as road traffic toxicology; operation of the Donor Tissue Bank of Victoria, which facilitates life-saving surgical grafts; academic research in critical areas like injury prevention and aged care; and engaging with forensic services worldwide through their international program, which I know the member for Cranbourne has a real interest in. She is going to talk about that international program in her contribution.

In terms of context for the legislation that is before us, I am proud that our government has made a record investment in the VIFM in recent years, with over $100 million since the 2021–22 budget. This includes $93 million in 2021 towards capability and service delivery to provide infrastructure improvements, MRI capability, lab equipment and a new case management system. In 2023 more than $19 million was allocated to support the continued transition to the new service delivery model for clinical forensic medicine across Victoria. What is important is that this model will ensure that forensic medical examinations are available 24/7 to victim-survivors of sexual assault and that these examinations are available on their terms, which is so important.

However, the current scope of the VIFM’s work is not sufficiently reflected in or supported by its enabling legislation. The current almost 40-year-old act has been amended a number of times, and as a result is now unnecessarily confusing and disjointed.

As such, this bill seeks to repeal the Victorian Institute of Forensic Medicine Act 1985 and to replace it with a more cohesive and suitable act. Improvements will include principles to guide service delivery, more representative objects and functions, a reformed structure of governance and a clear framework for information disclosure. In light of the replacement of the 1985 act, this bill also includes consequential amendments to 10 other acts.

Amongst the essential introductions in this new act are several guiding principles which will be applicable across VIFM’s functions and powers. These principles direct those working for VIFM to have regard for the importance of scientific integrity and ethics; benefits to the community and the justice system; the significant nature of their work and the need for sensitivity and responsiveness; public health and safety; the administration of justice; cultural beliefs; and the diverse needs of Aboriginal communities, including the importance of self-determination, connection to culture, family, community and of course connection to country.

In terms of the objects and functions, the new act will overhaul the legislative objects and functions of the institute so they further align with their work in practice. These objects and functions have been specifically drafted to allow for flexibility in light of potential future needs and future service offerings. The new objects will clearly outline the institute’s remit in forensic and human tissue services, in coordination of forensic services, in assisting the functions of the Coroners Court, in public health and safety and the administration of justice, in reducing preventable deaths and in supporting and contributing to innovations in the field. Under the changes their important role in policy development, teaching, training and research will also be formally recognised.

We know the importance of good governance, and reforms in the new act will additionally reform the institute’s governance structure. The VIFM’s council currently includes a number of members explicitly representing other agencies, leading to both perceived and actual conflicts of interest. Continuing with a representative council would also run the risk of a future council not including the necessary experience to oversee operations. Instead, going forward the VIFM and will be governed by a skills-based board appointed on merit as determined by relevant areas of expertise.

These include relevant scientific expertise; experience in commercial, operational or legal matters; or a background in clinical governance or the justice system. Importantly, at least one board member’s expertise must be in finance, in keeping with obligations under the Financial Management Act 1994. The board will be accountable to the Attorney-General and must regularly report to the AG on a number of matters. The board must also establish a stakeholder advisory group to ensure that stakeholders can continue to provide meaningful input on operational matters. These may include stakeholders relevant to the VIFM’s objectives and functions – for example, the Coroners Court – as well as stakeholders relevant to their principles, such as those with lived experience and knowledge of the needs of victim-survivors.

There will also be role changes with regard to the VIFM director. The current role of the VIFM director will be split, which will allow for the chief executive officer to be appointed separately to the role of director of forensic medicine if the board so decides. Public service staff at the institute who are currently employed under the Secretary of the Department of Justice and Community Safety will now more appropriately be employed directly by the VIFM.

Another important addition to the proposed act is the clarification of information handling and disclosure procedures. Currently the VIFM is not afforded the power to use data outside of the primary purpose of its collection. This creates a degree of ambiguity in their work with Victoria Police and with the Coroners Court, as well as limiting their ability to support policy and research in public health. The proposed act includes a clear framework for VIFM’s own use of information as well as their disclosure of information to other entities in line with their objects. Of note here is that the information used and disclosed by the VIFM is primary, de-identified and aggregated in form. It must also comply with Victoria’s legislated privacy and data protection framework. The new act will require that written notification is sent in advance to either the State Coroner or the Chief Commissioner of Police, as applicable, and allow time for their advice to be received and considered. Written agreements will also restrict the use of any information to the agreed-upon purposes.

This bill proposes consequential amendments to several other acts, including those which refer to the soon-to-be-defunct 1985 act.

The provisions in this bill, including the introduction of the new act, will commence on 1 July 2025, if not prior. This will allow the time necessary to implement the new governance arrangements, amongst other changes.

I applaud the introduction of the Victorian Institute of Forensic Medicine Bill 2024, and I commend this bill to the house.

You can take a look at more of my speeches to Parliament here.