Not Before Time

Lived Experience-Led Justice and Repair

Content Note

This report contains discussions of significant traumas and gross human rights violations. You may wish to read this with peers or ensure that you have supports that are helpful to you before reading. We have listed some supports that may help you should you need them.

In February 2021…

Illustrations by Lisette Charlotte

The Royal Commission into Victoria’s Mental Health System handed down its final report, with 74 recommendations in total. This was a policy-focused Royal Commission that outlined a future mental health and wellbeing system.

However, consumers and survivors, and families, carers and supporters continued to confront unresolved trauma from the system. It was difficult to see a future mental health and wellbeing system when that system failed to acknowledge its past and confront its present.

In May 2022, the Department of Health commissioned advice to the Minister for Mental Health on how their government could formally acknowledge harms in the mental health system.

This became the State acknowledgement of harm project.

Our task was to…

Advise the Minister for Mental Health on how to formally acknowledge harms in Victoria’s mental health system.

To do that we set up a Reference Group of 10 consumers, survivors, family members, carers and supporters. Many of these members had connections to other lived experience leaders who have led crucial social justice work.

We also did private consultations with people from LGBTIQ+, First Nations, disability and other communities. We spoke with international experts on human rights, mental health, restorative justice, truth and reconciliation processes and reparations.

This work was part of our effort to draw on evidence for ‘best practice’ acknowledgements from around the world.

But first, we had to define harm

In defining harm, our focus has always remained on those using or supporting those to use the mental health and other systems.

These are consumers and survivors, and families, carers and supporters.

Next, we looked around the world at how harm has been acknowledged…

We then conducted a review of international best-practice approaches, including their strengths and weaknesses.

This was to help provide options for the Victorian Government to consider.

…and came up with six options for the Victorian Government

Now we have our recommendations to the Victorian Government.

We recommend that the Victorian Government conducts a Restorative Justice Process. Following this, the Victorian Government - with an invitation extended to mental health bodies - should make Public Apologies for the harm caused by the mental health system.

Restorative Justice Process

The Restorative Justice Process should have three aims. First, to provide an opportunity for the Victorian Government to hear and acknowledge the harms in the mental health system. Second, to formally document these harms for the public record. Third, where possible, to support reconciliation between on the one hand, consumers and survivors and families, carers and supporters, and on the other hand, mental health practitioners and the Victorian Government.

The Restorative Justice Process should be led by lived experience Commissioners within the Mental Health and Wellbeing Commission. In our full report, we detail how people with lived experience should oversee the process and how the process should work.

Public Apologies

After the Restorative Justice Process has completed, the Victorian Government should apologise to consumers and survivors, and to families, carers, and supporters. These apologies should be directed to those who have been harmed by systems and be delivered within Parliament.

The apologies should be provided on separate days, first to consumers and survivors, and secondly to families, carers and supporters. The mental health sector should be supported to participate in this process and make their own reflections and apologies. We detail in the full report about how people with lived experience should be involved in this process.

We look forward to the Victorian Government’s response.

Messages from us