Hansard debates

Anthony CARBINES (Ivanhoe – Minister for Police, Minister for Crime Prevention, Minister for Racing) (10:18): I move:

That this bill be now read a second time.

I ask that my second-reading speech be incorporated into Hansard.

Incorporated speech as follows:

The Victorian Institute of Forensic Medicine Bill 2024 (the Bill) replaces the Victorian Institute of Forensic Medicine Act 1985 (VIFM Act) as the Victorian Institute of Forensic Medicine’s (VIFM’s) enabling legislation. The Bill will support VIFM to maintain its status as a world-leading forensic medical institution.

In 2021, VIFM was provided $93.1 million to build its capability and essential service delivery, including the addition of magnetic resonance imaging (MRI) capability, lab equipment, infrastructure improvements, and new case management systems.

In 2023, the government granted VIFM $19.47 million to transition to a new clinical forensic medicine (CFM) service delivery model that meets victim-survivor needs and expectations and ensures a sustainable and efficient service. Government also conducted a review of the VIFM Act to ensure it remains well positioned to continue to provide best-practice forensic services.

The Bill implements key findings from the review and is the final plank of reform for this vital service.

VIFM was established in legislation in 1985 to provide forensic pathology and scientific services to the State Coroner and Victorian justice system. Since VIFM’s establishment, significant scientific and medical advancements have shaped and grown the services VIFM provides to the community. Today, VIFM is a world class forensic medical institute that supports coronial, criminal, and other legal processes. VIFM oversees the Donor Tissue Bank of Victoria and engages in teaching and research to improve public health and safety.

I would like to highlight some of VIFM’s significant achievements, which so often go under the radar. The diversity of these services reflects the breadth of expertise at VIFM, which we are lucky to have representing Victoria as the knowledge state.

In addition to its work for the Victorian Coroners Court and Victoria Police, VIFM is partnering with the Australian Sports Brain Bank to investigate chronic traumatic encephalopathy, or CTE, through post-mortem examination of people who have participated in sports with risks of repetitive head injury. It is also undertaking research into technology facilitated sexual assault, to help us better protect the community from this new means of offending.

Not to be limited to work of great benefit to this state, VIFM is also engaged nationally and internationally. It has recently been directly involved in capability building in death investigation and mortuary services in Bhutan, and for the International Committee of the Red Cross (ICRC) in Ukraine, Lebanon, and Armenia, and provided expert evidence for the Special Commission of Inquiry into LGBTIQ hate crimes for the New South Wales parliament. VIFM also coordinates national and international disaster victim identification forensic medical team deployments for the Federal Government.

Key features of the Bill include the introduction of principles to guide VIFM’s work, a new governance structure, clarification of VIFM’s objects and functions, and an information sharing framework.

The new legislation will commence no later than 1 July 2025, giving VIFM around 12 months after this bill’s passage to prepare for the transition to its new structure.

The Bill establishes overarching principles to guide the exercise of functions and powers

The Bill introduces principles that aim to guide VIFM in a people-centred approach to service delivery, commitment to excellence in clinical and research governance, and to improving public health while serving the justice system. Importantly, the principles require a person to have regard, as far as possible in the circumstances, to respecting the cultural beliefs of those affected by the events to which the Institute’s services relate, and recognising the diverse needs of Aboriginal communities, including the importance of self-determination and connection to culture, family, community and Country. It also requires regard to the significant nature of the events to which the Institute’s services relate and the need to be sensitive and responsive to persons affected by those events. These principles highlight that although VIFM’s work is focused on serving the justice system, it often engages with people who have experienced challenging events, and responding respectfully is a part of VIFM’s ethos.

The Bill introduces a new governance structure

The Bill establishes a new governance structure for VIFM, which is designed to meet best practice standards for public entities. Key reforms in this structure include moving to a skills-based governing board and introducing two key leadership roles: a Chief Executive Officer and a Director of Forensic Medicine. The Bill enables concurrent occupation of both the Chief Executive Officer role and Director of Forensic Medicine, to maintain flexibility for the Board in determining VIFM’s leadership. The move to a skills-based board reflects contemporary entity governance structures, but also incorporates the findings of the Commission of Inquiry into Forensic DNA Testing in Queensland that it is necessary to preserve forensic medical and scientific expertise in the leadership of forensic entities to ensure organisational decisions do not impact the integrity of forensic services.

The Bill requires the Board to establish a stakeholder advisory group to assist in its decision-making and performance of its functions. The establishment of a stakeholder advisory group reflects the transition from the current representative VIFM Council and will ensure that key stakeholders relevant to the principles, objects and functions of the Bill can advise VIFM’s Board.

The Bill clarifies VIFM’s objects, functions, and powers

The Bill streamlines VIFM’s statutory objects, functions, and powers to reflect its growth in service delivery over time. Since its establishment, VIFM has grown significantly and now provides forensic medical and scientific services on a much larger scale. VIFM also provides related training and research to its staff, universities, public agencies, including Victoria Police and the Coroners Court, and private entities. The Bill reflects VIFM’s growth by clearly describing VIFM’s objects, functions, and powers to better reflect the Institute’s responsibilities and priorities.

The Bill outlines several objects that create a framework within which VIFM will deliver its functions. The objects are drafted to allow for the evolution of VIFM’s services over time. They are intended to be flexible enough to support VIFM in expanding its scope of services, keeping pace with scientific and medical advancements while also making sure VIFM’s services align with government service priorities and expectations. The Bill does not remove any of the objects that were set out in the VIFM Act.

The Bill establishes VIFM’s functions to clarify the coverage of services provided by VIFM, ensure VIFM is in a position to support the Coroners Court, Victoria Police and other public entities through its services and clarify VIFM’s role in conducting research, teaching and training and supporting other entities in policy development and research. The functions are designed to align with VIFM’s objects and capture the full suite of services delivered by VIFM. Similar to the objects, the functions are drafted with a degree of flexibility to support VIFM’s scope of services as it evolves over time.

The Bill establishes the powers available to VIFM to perform its functions. In addition to a general power to do all things necessary or convenient in order to perform its functions under the Bill, it provides for specific powers related to particular functions.

The Bill introduces an information sharing framework

Importantly, the Bill sets out clear processes for how VIFM may use and share information. VIFM collects and creates information through its support of the coronial process as directed by the Coroners Court, police investigations as requested by Victoria Police, and through the carrying out of other functions. The new information sharing powers will allow VIFM to use or disclose information it holds about an individual for teaching, training and research, and to support other entities in developing policy and conducting research, with appropriate safeguards. By clarifying VIFM’s information sharing abilities, VIFM will be better placed to support other entities in the development of public health policy and research.

The Bill authorises VIFM to provide teaching and training for purposes consistent with its objects. The Bill provides that when performing this function, VIFM has the power to collect, use and disclose information it holds about an individual. Teaching and training is embedded in VIFM’s day-to-day work. Existing legislative frameworks, including the Health Records Act 2001 and the Privacy and Data Protection Act 2014 will apply to the use of information in the context of teaching and training to ensure privacy is adequately protected when case studies are used as part of teaching and training. Any relevant court orders, for example, from the Coroners Court, must also be complied with.

The Bill also authorises VIFM to use information for the purpose of conducting research, and to disclose information to other entities to support them in developing policy or conducting research for purposes consistent with VIFM’s objects. In recognition of the sensitive nature of the information VIFM holds, the Bill establishes clear safeguards to ensure the sharing of information is tightly controlled.

VIFM will only be authorised to use information in its research, or to disclose information to other entities, if doing so is not likely to prejudice a coronial investigation, criminal investigation, or a criminal proceeding that has been or may be commenced. VIFM will be required to notify the State Coroner and/or Chief Commissioner of Police of the proposed use or disclosure and seek advice about whether they reasonably consider that the use or disclosure of information is likely to prejudice an investigation or proceeding. VIFM will be required to have regard to any advice received. In addition to these requirements, if VIFM is seeking to disclose information to another entity, VIFM must enter into a written agreement with the entity it is sharing the information with to limit the entity’s use of the information appropriately.

The changes contained in the Bill complete a series of recent reforms to VIFM’s infrastructure and services. The Bill will place VIFM in the best possible position to maintain its status as a world class provider of forensic services, teaching, training and research.

I commend the Bill to the house.