One of Victoria’s most violent, mentally unwell women remains in solitary confinement at Thomas Embling Hospital, despite the completion of a new, more humane forensic unit. The expanded facility, designed to better accommodate patients like her, sits unused as government approval and operational funding are delayed.
The County Court of Victoria was presented with distressing details on Thursday regarding the woman’s isolation and the challenges faced in her reintegration into society. Her case highlights the urgent need for improved mental health facilities, a key recommendation from the Royal Commission into Victoria’s Mental Health System.
Stalled Hospital Expansion
The Victorian government has allocated $515.7 million for the expansion of the Fairfield hospital, managed by Forensicare, to address the needs of mentally unwell individuals within the criminal justice system. Despite the completion of the new unit, which includes a secure specialist space for the woman, the facility remains unopened due to a lack of operational funding.
Judge Nola Karapanagiotidis, who has been overseeing the woman’s case since 2022, emphasized the urgency of transitioning her out of seclusion. The court learned that her current living conditions continue to hinder her recovery and reintegration efforts.
Operational Delays and Staffing Challenges
Forensicare’s executive director of clinical services, Tobias Mackinnon, informed the court that the hospital expansion reached “practical completion” in early September. However, without clear funding timelines, the expanded facility cannot be utilized.
Mackinnon highlighted ongoing staffing shortages, exacerbated by recent budget cuts, which have led to redundancies and proposed job eliminations. These challenges further complicate the hospital’s ability to provide adequate care.
“We don’t have any clear indication when the funding to operate the hospital will be delivered,” Mackinnon stated.
Patient’s Current Conditions
The woman, found not guilty of two assault charges in 2015 due to mental impairment, has spent nearly a decade in solitary confinement. Her case was labeled an “emergency” by Judge Karapanagiotidis earlier this year.
Under a “deseclusion” plan, the hospital has created a safe room where she can spend limited time outside her seclusion room, albeit with restraints. The space includes a small courtyard, offering minimal views of the sky, but remains isolated from nature.
Despite efforts to increase her time outside seclusion, recent sessions have been cut short due to aggressive behavior. The woman receives dance and music therapy, though these sessions are conducted alone and with restraints.
“The risk is always there when [the woman] is around other people,” a Forensicare psychiatrist explained. “The restraints don’t stop the aggression, but they decrease the opportunity and they decrease the serious consequences.”
Future Prospects and Government Response
The Royal Commission has set a goal to eliminate the use of seclusion and restraint by 2029. However, Forensicare’s current reliance on these measures is acknowledged by the Department of Health due to “unique issues.”
The woman’s treating psychiatrist remains hopeful for her eventual reintegration into a communal unit, pending the operationalization of the hospital expansion. Judge Karapanagiotidis has scheduled a major review hearing for March 2026 to assess her progress.
In response to inquiries about the hospital expansion, a Victorian government spokeswoman stated that construction is ongoing, with minor defects to be addressed and additional infrastructure, such as a multi-deck carpark, still under development.
“The Department of Health is continuing to work closely with Forensicare to plan for the next phase of the project, including the operationalisation,” the spokeswoman said.
The situation at Thomas Embling Hospital underscores the critical need for timely government action to enhance mental health care infrastructure, ensuring that individuals receive the treatment and environment necessary for recovery and reintegration.