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.
