Department of Health senior officials have been cleared of deliberately misleading a Parliamentary inquiry into the forced closure of I Cook Foods.
But the department didn’t escape criticism in the inquiry’s second report into the matter known as ‘slug-gate’.
The inquiry examined the closure of the Dandenong-based ICF kitchen by health authorities in response to the death of a Knox Private Hospital patient Jean Painter with listeriosis in early 2019.
In tabling the second report, inquiry chair Fiona Patten said the officials’ “omissions” of evidence in the first inquiry in 2020 led to “unnecessary confusion”.
They didn’t invalidate the inquiry’s previous findings however, she said.
After the 2020 inquiry, media outlets revealed a report by Knox Council environmental health officer Ray Christy to the health department on the day of ICF’s closure that suggested Mrs Painter didn’t eat ICF’s meals.
This contradicted Chief Health Officer Brett Sutton’s inquiry evidence that ICF was the hospital’s sole food supplier.
The Christy report, which listed seven other suppliers, was not disclosed to the first inquiry.
The inquiry found “no reason to believe that evidence from the Department of Health officials was deliberately intended to obstruct the inquiry or constituted a contempt of Parliament,” Ms Patten said.
It criticised the four-week gap between the listeria notification and the health department requesting an inspection of Knox Private Hospital.
Serious allegations of impropriety were also made, such as Greater Dandenong Council food inspectors editing video evidence to be allegedly used in a criminal trial as well as a slug being planted on the factory floor.
These claims were “just outside the remit” of the inquiry, Ms Patten said.
Liberal members dissented in a minority report, which recommended an external investigative agency to further examine the allegations.
They say there are still questions to be answered.
They noted that no other patient at the hospital contracted listeria despite ICF supplying hundreds of meals a day for several weeks after Mrs Painter’s illness.
The department showed a “gross and actionable failure of communication and process”, the minority report stated.
“It is a matter of great concern that Professor Sutton’s incorrect evidence was allowed to stand as part of the record for 14 months.”
Opposition health spokesperson Georgie Crozier said in Parliament that the Health Department provided “selective reports”.
Ms Crozier said she was still fighting for FOI documents in VCAT, as well as 400 pages of redacted pages from Knox Council that weren’t provided to the inquiry.
“I think it is shameful that they did not come and give us all the information.”
Liberal MP Matthew Bach said Prof Sutton “grievously” misled the first inquiry by stating all suppliers of food were thoroughly investigated for traces of listeria.
“This was not true, and what is worse is senior officials within the Department of Health and Human Services knew it was not true.
“Now, the story from senior people in the department, including the chief health officer, is that this information was never passed to him.”
Labor MP Tien Kieu said the closure was based on “very strong scientific evidence” – a close genomic match between samples from Mrs Painter and ICF.
“That has been scientifically determined to be very unique and has not been found anywhere in Victoria.”
“I certainly understand that Victoria Police may be continuing investigations, and I would say other anti-corruption and other oversight agencies would possibly be in a very good place to conduct these types of investigations.”
ICF has launched a Supreme Court bid against the health department and Greater Dandenong.
It is seeking $50 million compensation for what it asserts was its wrongful shut down.
Victoria Police is currently investigating allegations of corruption against public officials.
