Advocacy Australia Welcomes MHRT Reforms But Calls for Further Action
Advocacy Australia has welcomed NSW Government amendments to the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 and the Mental Health Act 2007,strengthening oversight and governance in forensic mental health matters but says more needs to be done.
Key amendments to the Acts are:
- The Mental Health Review Tribunal (MHRT) can now impose restrictions on a forensic patient’s use of social media upon release.
- Orders for leave of absence or the release of forensic patients must include at least one judicially experienced Tribunal member, except in cases of escorted leave.
- Magistrates are now eligible to be appointed as the President or Deputy President of the Tribunal, with provisions ensuring they retain their judicial status and entitlements.
Clare Collins, Chair of Advocacy Australia said, “We’re deeply grateful to Mr Philip Donato MP, Member for Orange and The Hon. Rose Jackson MP, Minister for Mental Health for their commitment to initiating essential reforms as a result of our Advocacy and to MLCs and MPs who voted to support them to help better protect the community from forensic killers.
“However much more needs to be done if we are to meet community expectations,” she said.
Newcastle resident Kristy Smith who was present at Parliament when the Bill was passed thanked Mr Donato MP, The Hon. Rose Jackson MP, Advocacy of Australia and the media for their urgent response to the family’s concerns when it was discovered that the killer of 18-year-old Emerald Wardle was using social media and dating apps after the Mental Health Review Tribunal (MHRT) granted Emerald’s killer day release just four years after her brutally killing.
“Without the commitment of Mr Donato MP and Ms Jackson MP, the amendments designed to better protect the community from those who have committed heinous crimes would not have been possible.
“Emerald’s family are also incredibly grateful to those members of parliament who supported the amendments but agree that there is still much to be done to improve the system responsible for managing forensic killers,” she said.
The amendments apply directly to the MHRT, the NSW Government body responsible for treating and managing forensic patients whilst entrusted with the responsibility to protect the community from the risks forensic patients may pose when granted day or permanent release including the brutal killers of defenceless women and children.
With extensive autonomous powers that most are unaware of, the MHRT largely operates behind closed doors and can grant forensic offenders (including the killers of 10-year-old Biddy Porter and Emerald Wardle) day or permanent release despite serious concerns held by victims’ families that their loved ones’ killer could kill again.
Review hearings of forensic patients by the MHRT generally occur every six months. And while limited family members of victims might be permitted to attend via video link, they’re required to sign a non-disclosure agreement and are not permitted to speak during hearings without leave from the Tribunal chair. If they speak to voice concerns or object to the MHRT’s decisions, they can be electronically silenced at the flick of a switch.
When a forensic killer’s tax-payer funded lawyer applies to the MHRT for day or permanent release, families of victims are not automatically permitted legal representation. They must first apply to the MHRT to be heard however, without access to free legal support equivalent to that of a forensic patient, the families of victims are rarely successful in preventing the release of a killer which may or may not be supervised release.
Clare Collins said, “The urgent amendments reinforce judicial oversight and forensic patient management within the forensic mental health system. However, they don’t go far enough to protect the community from known forensic killers or to address the overwhelming anxiety experienced by some victims’ families living in fear that when a killer is released without stricter conditions, their own lives could be at risk.”
“While the recent changes to the Acts are welcome, it was deeply disappointing that the essential amendment proposed by Mr Donato MP (and supported by Independents) to mandate electronic monitoring of forensic patients when released from facilities to increase community safety, was not widely supported by MPs,” she said.
“When the NSW Government, the Opposition and the Greens failed to support what was clearly prudent legislation, it was heartbreaking for those present in the Gallery including the bereft loved ones of Emerald Wardle.
“As I sat with members of Emerald’s family and watched as MPs from all sides filed into the chamber to vote against this important amendment, it was difficult to understand why,” said Ms Collins.
“We’re not talking about the majority of people with mental health illness. We’re talking about a very small number of forensic killers who’ve brutally taken the lives of defenceless victims - victims like young Biddy and Emerald.”
“It seems that those against this important amendment fail to realise that when forensic patients who commit such heinous acts are granted leave by the MHRT (including the vicious killers of Biddy Porter, Emerald Wardle and Amy Aiton), it’s done in secret, and killers can unknowingly abscond in any electorate posing risks to any NSW community, just as Amy’s killer, Michael Aller did in December 2024” she said.
“Paroled convicted murderers and domestic violence (DV) offenders are already electronically monitored to protect the community and meet expectations because they could pose a serious risk to community safety.
“With so few forensic offenders compared to the large number of criminal and DV offenders who are electronically monitored on release, it would be a very straightforward and a minimal cost process to simply apply these same procedures to significantly improve community safety from known killers. It’s not hard to do,” Ms Collins said.
Ms Smith said, “With the support of Advocacy Australia, we and other families of loved ones brutally killed by forensic patients will continue to fight to protect the community from these known killers despite the NSW Government, the Opposition and the Greens objecting to what is a simple but potentially life-saving amendment.”
Ms Collins said, “We need to do more to protect the community and the living victims of known forensic killers.”
“In hindsight, we hope those who voted against Mr Donato’s proposed amendment will reconsider their position and take the necessary steps to ensuring every community in NSW is made safer with electronic monitoring of forensic patients when released, just as other killers and DV offenders are monitored,” she said.
“With forensic patients known to abscond while on supervised leave and the MHRT’s operations and functions hidden from the community, we invite all MLCs and MPs to actively encourage the NSW Government to honour the terms of the Justice for Biddy Porter petition (signed by 21,500 constituents) and conduct a Parliamentary Inquiry into the MHRT so it’s secret practices and unequalled powers can be publicly examined to ensure community safety from dangerous forensic killers,” Ms Collins said.
-ENDS-
#AdvocacyAustralia #JusticeForBiddy #JusticeForEm
INTERVIEW REQUESTS
- Advocacy Australia - E:media@advocacyaustralia.org.au M: 0414 821 957
- Media Centre:
- Media Centre: bit.ly/Justice4Biddy-Media-Centre
- Photos for release:bit.ly/AdOz-MHRT-Amendment-Pics
LINKS
- HANSARD
- Mental Health Legislation Amendment Bill 2024
- Proposed Amendment for electronic monitoring of forensic patients: Mr Phil Donato Amendment
- Legislative Council:
- Initial Reading: Legislative Council Hansard - 21 November 2024 - The Hon Rose Jackson
- Second Reading: Legislative Council Hansard - 18 February 2025 - The Hon Rose Jackson
- Debate: Greens Oppose Legislative Council Hansard - Debate
- Legislative Assembly: Legislative Assembly Hansard - 19 February 2025 - Proof
- Media Profile of a NSW forensic health facility: https://bit.ly/MHRT-Ch9
JOURNALIST NOTES
MENTAL HEALTH LEGISLATION AMENDMENT BILL 2024
SCHEDULE 1 - AMENDMENT OF MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 NO 12
Schedule 1[1] provides that the Tribunal may impose prohibitions or restrictions on the use of social media or other forms of online communication when making an order for the release of a forensic patient
Schedule 1[2] provides that the Tribunal must not make an order for the release of a forensic patient or an order granting leave of absence to a forensic patient unless the Tribunal is constituted by at least 1 member, including the President or Deputy President who is the holder or former holder of a judicial office. This does not apply to an order granting leave of absence to a forensic patient only if escorted by a person employed at the mental health facility or place of detention.
Schedule 1[3] inserts a definition for judicial office.
SCHEDULE 2 - AMENDMENT OF MENTAL HEALTH ACT 2007 NO 8
Schedule 2[1] provides that a person who holds or has held office as a Magistrate is eligible to be appointed as the President or Deputy President.
Schedule 2[2] provides for the calculation of remuneration for a President or full-time Deputy President who is the holder of a judicial office. Schedule 2[3] makes a consequential amendment.
Schedule 2[4]–[7], [9] and [10] provide that a Magistrate who is appointed as the President or full-time Deputy President retains the Magistrate’s judicial appointment and other entitlements.
Schedule 2[8] makes it clear that amendments made by the proposed Act extend to a Magistrate who is appointed as the President or full-time Deputy President at the time of commencement of the proposed Act
AMENDMENT NOT PASSED BY NSW GOVERNMENT
THE ELECTRONIC MONITORING OF FORENSIC PATIENTS GRANTED LEAVE
Mr PHILIP DONATO (Orange) (18:19): I move my amendment No. 1 on sheet c2025-002B:
No. 1 Electronic monitoring of forensic patients granted leave
Page 3, Schedule 1. Insert after line 7—
[1A] Section 94 Tribunal may grant leave for forensic patients
Insert after section 94(3)—
(3A) If the Tribunal makes an order granting a leave of absence to a forensic patient, the Tribunal must impose a condition on the order requiring the forensic patient to be subject to electronic monitoring while absent.
(3B) The regulations may provide for matters relating to electronic monitoring of forensic patients granted a leave of absence, including the minimum requirements for, and the supervision, monitoring and enforcement of, electronic monitoring.
[1B] Section 94(4)
The amendment proposed to mandate the electronic monitoring of forensic patients who have been granted leave from mental health facilities utilising electronic monitoring devices; namely, ankle bracelets. Last year I [Mr Donato MP] advocated for the same technology to be applied to persons accused of serious domestic violence offences and the subject of bail. This measure is not only a matter of public safety, but also a step toward restoring community trust in our mental health and justice systems.
About us:
Advocacy Australia aims to promote and defend the rights of victims of serious crimes and the families who’ve been affected by horrific circumstances such as murder, suspicious disappearance and abduction, and works to uphold their right to the truth, redress, protection and to be treated with respect and understanding.
In June 2023, Rebekah approached Advocacy Australia appealing for support. The services provided to Rebekah and Dominic are completely un-funded. All are conducted in a pro-bono capacity by Board Directors, Clare Collins (Chair) and Alice Collins (Secretary).
To continue to provide support for victims such as Rebekah and Dominic, funding is desperately needed. A registered charity with the Australian Charities and Not-for-profit Commission, Advocacy Australia has tax-deductibility status with the ATO.
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