Timeline
Note: This timeline works best on a desktop computer.
1 July 2014
Mental Health Complaints Commission established
Most comprehensive powers of any mental health commission in Australia. Created following concerns that previous Health Services Commissioner did not sufficiently protect rights.
2017
Requests to the Commission to release data
Requests begin coming to the Commission to release service-level data that it holds about mental health services. The Commission resists releasing data on grounds that it hasn’t “triangulated” it with other data sets yet. Informal requests to the Commission continue for years.
2019 to 2021
Royal Commission into Victoria’s Mental Health System
The Royal Commission hears evidence from thousands of people raising concerns about human rights abuses. Several organisations, leaders and people with lived experience raise concerns about the Commission’s transparency and under-enforcement.
2022-2023
Reporting emerges on the Commission
The media begins to probe the Commission’s performance. Sample below.
Guardian Reports ‘No action taken against Victorian mental health services despite more than 12,000 complaints’
Guardian Reports ‘“You don’t have a choice”: Victoria’s mental health regulator criticised over complaints handling’
The Age Reports ‘More than 16 000 complaints made, but watchdog yet to bite’
2023
Reporting focuses on decision to appeal OVIC order
The media takes greater interest in the Commission following its decision not to comply with OVIC’s decision and instead appeal to the Victorian Civil and Administrative Tribunal. Commission purchases the use of FOI Solutions to advance legal arguments. During this time the Commission advances the argument that it need not use its powers because it achieves outcomes with voluntary recommendations while simultaneously fighting the release of said recommendations.
The Guardian Reports ‘Victoria’s mental health watchdog criticised after fighting release of secret recommendations’
ABC News reports on the Mental Health and Wellbeing Decision to appeal the OVIC order
ABC 774 Provides a long-form interview on Mental Health and Wellbeing Commission’s decision to appeal the OVIC order
August 2024
Commission seeks diversion to more lengthy conferencing, fails
At the hearing Commission argued for the matter to move to conferencing before the matter comes to VCAT. The consequence of this would be at least six months of further delays, with the Commission stating it would not accept the decision from OVIC. VCAT orders against the use of conferencing and ordered the matter to come straight to a hearing.
1 July 2014
New Mental Health Act 2014 (Vic) in effect
Alongside the establishment of the MHCC, the new Mental Health Act 2014 (Vic) was considered an enormous step forward, despite still carrying significant human rights issues.
2017
Concerns raised about under-enforcement from Commission
Along with queries on transparency, issues are raised about under-enforcement as human rights issues continue in Victoria’s mental health system.
June 2022
Freedom of Information Application for Data Made
Simon Katterl makes an application under the Freedom of Information Act 1982 (Vic) for Individual Service Reports that detail complaints against a service and the recommendations made to the service by the Commission. Commission rejects access to recommendations, prompting appeal to the Office of the Victorian Information Commissioner (OVIC).
May 2023
OVIC orders release of information
The Commission made draws on significant legal resources and makes submissions to OVIC. OVIC finds in favour of Katterl, with some minor redactions, and orders release of the data.
May 2024
After 1 year delay: application for urgent hearing, contrary to Commission wishes
Simon Katterl (respondent) with the assistance of Taylor-Wright Lawyers makes an application for the matter to be heard urgently, after under-resourcing of VCAT leads 1 one year of delays. The Commission, despite making the appeal to VCAT, did not support an urgent application being heard. An urgent application is granted.
April 2025
Matter to be heard in March-April 2025
Parties will attend hearings in early 2025. Witnesses evidence will be produced and cross-examined.