Bill proposes forensic medicine governance overhaul

The Victorian Institute of Forensic Medicine Bill 2024 passed the Legislative Assembly last week and will now go to the Legislative Council for consideration. 

The VIFM was established in 1985 to provide forensic pathology and scientific services to the State Coroner and the Victorian justice system.

“ ‘This 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.' ”

Anthony Carbines, Minister for Police

Today it undertakes a range of other work, including overseeing the Donor Tissue Bank of Victoria, providing training and research to its staff, universities and public agencies, partnering with the Australian Sports Brain Bank to investigate the impact of contact sports on brain disease and researching technology facilitated sexual assault. 

In his second reading speech Minister for Police Anthony Carbines said the bill was developed in response to a recent review of the VIFM. 

‘This 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,’ he said.

“ 'In terms of the governance changes, and to some extent these are some of the niceties, the formalities, but I do not think they go to the real issues that are confronting the VIFM at the moment.’ ”

Michael O'Brien, Shadow Attorney General

The bill creates a skills-based governing board and introduces new role of chief executive officer to manage the VIFM alongside the director of forensic medicine. 

It also requires the Board to establish a stakeholder advisory group and introduces an information sharing framework. 

In moving an amendment to the bill Shadow Attorney General Michael O’Brien said while he did not oppose the bill, there had not been enough consultation with the medical profession, issues with providing timely services to sexual assault victims had not been addressed, and there were not enough safeguards for the use and sharing of personal information. 

'In terms of the governance changes, and to some extent these are some of the niceties, the formalities, but I do not think they go to the real issues that are confronting the VIFM at the moment,’ he said.   

Member for Albert Park Nina Taylor noted the bill will require the VIFM to adopt the guiding principle of recognising the diverse needs of Aboriginal people. 

That includes the ‘importance of their connection to culture, family, community and country and the importance of self-determination to Aboriginal people. For example, this may include giving consideration to culturally sensitive ways of engaging with the families of deceased Aboriginal people,’ she said. 

Member for Ovens Valley Tim McCurdy noted concerns of the Law Institute of Victoria. 

'In particular the Law Institute of Victoria notes that both clauses fail to introduce any requirements for consent of individuals or next of kin where the individual is deceased,’ he said. 

Katie Hall, Member for Footscray highlighted the work of VIFM in providing tissue for transplantation. 

'The Donor Tissue Bank of Victoria has supplied nearly 20,000 people with tissue transplants and grafts since its inception in 1989, and from everyday operations to assisting victims of bushfires and road accidents the work undertaken by all in this space is critical,’ she said.   

Cindy McLeish, the Member for Eildon said the work of the Donor Tissue Bank is vital but had shortcomings. 

‘When we have major events like Black Saturday, where there were many, many people who were burnt, or even the New Zealand earthquakes, there is not enough skin in the tissue bank in Victoria, so they have to import it from overseas,’ she said. 

She said the tissue bank sits within the Department of Justice but ‘the connections between the Department of Justice and the Department of Health are not as good as they could be.’ 

‘The bill before us fails to look at that very unique interaction between justice and health, and I think that there could have been work done in that space,’ she said. 

The full debate is available to read in the Hansard of August 13 and August 15.