Key Facts:
- Advocacy Australia has renewed calls for reform of the NSW Mental Health Review Tribunal (MHRT) following the reported killing of 74-year-old grandfather Quang My Pham, allegedly by a recently released forensic mental health patient with a known violent history.
- The organisation has long campaigned for greater transparency and accountability within the MHRT, citing concerns that victims' safety warnings are consistently disregarded during hearings and that key data on forensic patient breaches and reoffending is not publicly disclosed.
- MHRT data shows a significant rise in forensic patients apprehended for breaching release conditions, increasing from 22 cases in 2020/21 to 86 in 2024/25 - a rise of over 36.5% in a single year, representing more than 13% of all forensic patients under the Tribunal's jurisdiction.
- Advocacy Australia has criticised the NSW Government for rejecting proposals for electronic ankle monitoring of released forensic patients, arguing such measures are essential for restoring community trust and ensuring public safety.
- The organisation has welcomed an inquiry into the MHRT's forensic division by the NSW Parliament's Law and Safety Committee, expressing hope that it will deliver meaningful transparency, accountability, and a more balanced approach to victim and community safety.
TODAY, Advocacy Australia renewed its calls for scrutiny and reform of the Mental Health Review Tribunal (MHRT) relating to its lack of transparency and accountability in managing forensic patients who are known violent offenders or killers following the reported killing of 74-year-old grandfather Quang My Pham on 11th July by a man believed to have been a recently released forensic mental health patient with a violent history.
Clare Collins, Chair of Advocacy Australia said, "While the NSW Government announced an inquiry in June this year, many fear that it has come too late with unconfirmed reports that the alleged killer of Mr Quang My Pham, 45-year-old Corum Ash, was released from the Bloomfield Mental Health Facility into the community by the MHRT despite having a known violent history."
"Advocacy Australia has called for greater transparency and accountability into the MHRT through a Parliamentary Inquiry since the launch of its NSW Parliamentary e-Petition as part of its Justice for Biddy campaign in July 2024.
"There are many questions that can only be answered through a comprehensive inquiry into the MHRT including why all of the 2018 recommendations made by the Hon Anthony Whealy have not been fully implemented eight (8) years after the review, while transparency relating to the Tribunal's management of forensic patients continues to be a significant issue that must be addressed," Ms Collins said.
"Of particular concern is the MHRT's granting of leave and release of forensic patients with a history of violence specifically those who are known killers despite serious concerns presented consistently during MHRT hearings by victims deeply worried about their safety and the safety of the community," she said.
"Of even greater concern is the number of forensic patients who, according to the MHRT Annual Report 2024/2025, required apprehension due to an alleged breach of a condition of leave or release under the NSW Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (S.109).
Under the Act, a "breach" occurs when a forensic or correctional patient violates their conditional release or treatment plan, with section 109 empowering the Tribunal to issue an order to apprehend an unlawfully absent patient who has breached release conditions or absconded, enabling police to detain and return them.
"In the MHRT's 2024/2025 report on "Reviews of a person apprehended under S.109" the numbers of breaches by forensic patients were staggering including data from 2020/21 (22 patients), 2021/22 (53 patients), 2022/23 (47 patients) and in 2023/24 there were 63 patients.
Of the 661 forensic patients that underwent 'standard' reviews by the Tribunal during the 2024/2025 reporting period, there were a total of 86 (24 female and 62 male) forensic patients that required reviews under S.109 (over 13% of forensic patients under MHRT jurisdiction).
Significantly, reviews of persons apprehended under S.109 have increased by more than 36.5% in twelve months.
While the MHRT publishes data tables, it fails to publish essential information and data relating to forensic patients and public safety including details regarding what the breaches were, where they occurred, how the MHRT addressed them, how many patients had a history of violence or who have killed, or if any of these forensic patients reoffended either while on leave or release.
"Advocacy Australia and the victims we represent are most grateful to Member for Orange, Mr Philip Donato MP who has consistently called for an inquiry into the MHRT to deliver transparency and accountability of the Tribunal to ensure victim and community safety," Ms Collins said.
"We know that the NSW Government rejected calls for electronic ankle monitoring in 2024, which was proposed by Mr Philip Donato MP who advocated for the same technology be applied to persons accused of serious domestic violence offences and who were the subject of bail as a matter of public safety.
"However, given the risks to the community, mandating electronic ankle monitoring is an important step toward restoring community trust in our forensic mental health system and importantly, ensuring victim and community safety," she said.
"We hope that the inquiry into the forensic division of the MHRT by the NSW Parliament's Law and Safety Committee will actively pursue the information required to ensure transparency and accountability of MHRT reporting and most importantly, achieve a more balanced approach to meet victim and community expectations to ensure public safety," said Ms Collins.
