Reason Party Leader Fiona Patten may not have been re-elected as a member of the Victorian Legislative Council, but three weeks into the 2023 sitting year her presence is still being felt in parliament – both physically and in the policy debate.
While walking in the halls of the house earlier this year Ms Patten says one opposition MP asked, "Fiona, didn't you get the message? You weren't re-elected!"
While she conceded defeat in December after two-weeks of uncertainty, she's back at parliament in a part-time role helping the Legalise Cannabis Victoria party "settle in".
On a Wednesday morning in March, she is assisting MLC Rachel Payne and colleague David Ettershank as they make a statement to the media ahead of debate on their private member's bill, which if passed would allow medicinal cannabis patients to drive, so long as they were not impaired.
A media scrum gathers around a few microphones at a side door of Victoria's parliament house.
As soon as Animal Justice Party MP Georgie Purcell has finished speaking, Mr Ettershank and Ms Payne take to the microphones.
Ms Patten stands smiling between two cameras, helping direct the new politicians' gaze straight ahead so their voices don't stray "off mic" while answering questions.
The two legalise cannabis MPs have hired many of her former staffers, so the team — as well as the buildings — are familiar to Ms Patten.
"It takes a few months to settle in and find your feet in parliament," she says.
"I wish I had someone like me to smooth out the process."
Nice being back
About 10 weeks after the election, Ms Patten received a call from a former politician to check on her welfare.
She was already back on Spring St "helping the cannabis crew".
Ms Patten was told after being defeated some MPs never wanted to step foot in the Victorian parliament house again, but she says she has liked being back.
Wherever she goes, everyone from security staff to politicians from across the political spectrum say hello and ask after her welfare.
She's pleased to tell them she finished chemotherapy last week.
In September 2022, just a few weeks before the election campaign, Ms Patten was diagnosed with kidney cancer.
She had the affected kidney removed in October and started chemotherapy immediately after the November 26 election.
On reflection she admits she approached her cancer treatment like a political negotiation.
"I think I just negotiated with the doctors to find the earliest and best time to have [the kidney] removed and then negotiated with them about not doing chemo till after the election," she says.
"I'm not sure that I've had a chance to reflect on the possible seriousness of [the diagnosis] and that actually might be a good thing – I just managed to keep on going."
Chemotherapy has been tough, and Ms Patten has been prescribed medicinal cannabis to help cope with the nausea and insomnia that has come with the treatment.
She is one of an estimated 65,000 Victorians with a medicinal cannabis prescription.
Debate begins
At 9.30am the bells ring and lights flash on the clock in Ms Payne's office to signify the session is beginning for both houses of parliament.
Ms Payne and Mr Ettershank take their seats at the back of the chamber, while Ms Patten and other staffers turn on the office television to watch the proceedings.
Debate on the Road Safety Amendment (Medicinal Cannabis) Bill 2023 begins at 10.14am.
Medicinal cannabis patients are effectively unable to drive because the mere presence of the psychoactive compound THC in their system while driving is illegal – regardless of whether they are impaired or not.
Labor's Harriet Shing is the first speaker – she says it is "an issue that needs to be addressed" and is "a significant priority" for the government.
The opposition's Matthew Bach also supports the intent of the bill, while agreeing with Ms Shing that work needs to be done on the detail.
"Motorists taking other prescribed drugs like antidepressants, perhaps opiates, even antihistamines, may be impaired for driving purposes, but these drugs are not tested by police," Dr Bach says.
"I do not mind saying on behalf of the opposition that we see and we note the unfairness in that arrangement."
Although she is not in the chamber, Ms Patten's work on this issue in the previous parliament is referenced several times.
She says the reaction to the bill from the major parties is starkly different from when she introduced a similar amendment in 2019.
"At that time the government and the opposition did not agree something should change," she says.
"The result of my private member's bill, which was exactly the same, was to set up a working group to produce a report."
While Legalise Cannabis's private member's bill is unlikely to pass, movement on this issue seems almost certain — it is incredibly pleasing for Ms Patten.
During her eight-year term she was central to several changes including legalising voluntary assisted dying, decriminalising sex work, setting up buffer zones around abortion clinics and the introduction of the supervised injecting room in Richmond.
On Tuesday, Premier Daniel Andrews announced the Richmond injecting facility would be made permanent.
"Other people have said it, but I know we were effective in parliament," she says.
"I hope as our Parliaments become more diverse, as we see more independents being elected, as we see more small parties being elected, that [people see] it's never a wasted vote."
Childhood on the move
Ms Patten thinks her transient childhood prepared her well for a career in advocacy and politics.
Growing up her dad was in the navy, so the family never lived anywhere for more than two years.
"When we were in a new place, we'd go and make friends and get to know the neighbourhood," she says.
"Part of that is actually taking an interest."
During her two terms in parliament, Ms Patten says she was able to build on those social skills and really refine the "art of compromise".
"I put up 11 private member's bills, most of them successfully became law," she says.
"None of them became law in my name, and that's great."
Monash University's Zareh Ghazarian has been observing Victorian politics for the past 20 years.
The senior lecturer in politics says Ms Patten has been "a really significant mover and shaker" who has "advanced socially progressive policies and made a significant impact on the policy debate in Victoria".
"She was able to maintain good working relations with government and other MPs," Dr Ghazarian says.
"She could be seen to be a template for other minor party MPs who might find themselves in parliament in future."
Next steps unknown
Despite the fact she had "the most relaxing summer that I've had since my 20s", Ms Patten doesn't seem to have slowed down much.
As well as taking on the temporary gig with Legalise Cannabis she regularly speaks at events and has joined a few volunteer boards, including the Australian Medicinal Cannabis Association.
While Ms Patten doesn't plan on standing for re-election, she is still running the Reason Party and hopes to campaign for a candidate to be elected in 2026.
As the role with Legalise Cannabis is temporary, Ms Patten admits she will need to find another job that pays the bills soon.
"You get such opportunity in Parliament," she says.
"I've learned so much and I feel like there's a lot of areas that I could contribute to — what that looks like, I don't know."
