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House of Assembly - Fifty-First Parliament, Second Session (51-2)
2008-04-01 Daily Xml
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Grievance Debate

CHILDREN IN STATE CARE INQUIRY

Ms CHAPMAN (Bragg—Deputy Leader of the Opposition) (16:59): Today the opposition extends its appreciation to Commissioner Ted Mullighan QC, counsel assisting, solicitors and the staff for their extensive investigation, consideration and preparation of the report entitled 'Children in State Care Commission of Inquiry: allegations of sexual abuse and death from criminal conduct', dated March 2008.

This report, which was tabled by the Premier in the parliament today, was the result of specific legislation introduced after two hard years by the Hon. Rob Kerin (then leader of the opposition) in his continued support for having a full inquiry into these matters in order to allow people to come forward, tell their story and for the parliament to have a clear understanding of the problem that exists so that we may make decisions as a parliament on how to deal with it.

The government's response is to say that by 19 June (I think) it will consider the responses. The Premier today told us that there are three things that have to happen. One is that there has to be a comprehensive apology. He invites all members of parliament to provide that. Secondly, that there is the prosecution of cases that have been referred to the commissioner—I will come back to those—and, thirdly, that there will be some form of compensation but that it has not been defined.

Well, isn't it interesting? Three other states in Australia have had their inquiries on these matters and they have established funds, they have provided ex gratia funds. This government has known that this report has been coming now for months at the very least, having extended its initial charter in time for inquiry. In Western Australia, premier Carpenter has allocated not a top up to its victim of crime fund but $114 million when he announced his government apology in December last year and asked, again, that the apology be from the state government and, again, that there ought to be an apology through the parliament.

The Premier comes in today and says that we should apologise; they should get some compensation, but he has not said how much. The second thing that he said in between those two was that there is the handling of the prosecution. I think it is a damning indictment of a government which has regularly had cases referred to it by Commissioner Mullighan during the life of the inquiry, the report of which the commissioner tabled to parliament today, reporting that only 70 of the 170 cases have actually been referred to the police. The backlog of cases is alarming. He reports on it.

The commissioner urges the government to provide the resources to ensure that they get assessed in the first instance let alone prosecuted, because, clearly, it is likely that, out of this pool of cases, even though the commissioner has reached the view that they are matters worthy of assessment, whether they are meritorious to prosecute, it may well be in cases that the accused has disappeared, died, witnesses lost, evidence gone, and so on—we understand that.

We are concerned about the fact that, as these cases are being referred, they are accumulating in a backlog, as we heard in the report today, and that is a scandal for the people who have been asked to come forward, tell their story, and then find that they have to wait months or years even to have their case prosecuted. The government knows full well that the early determination of whether their cases will be prosecuted or if there will be criminal action will clearly have an impact on the expedition of which there will be some potential compensation other than the ex gratia payment if and when they ever get it.

It is absolutely scandalous that this government has not efficiently and effectively ensured the prosecution or, at the very least, the assessment for the merit of prosecution for these cases, and we find that they are still waiting. It is very important that the government appreciates the recommendation today, about which the opposition is delighted; that is, that the commissioner says that we must build secure accommodation to detain children as a place of last resort rather than leave them on the streets. That has been the position of the opposition since the election in 2006, that this must be offered; it is too dangerous to leave them out there.

We are absolutely thrilled that Commissioner Mullighan has come forward and placed his recommendation today that that should occur. I urge the government to ensure that, in this year's budget, we do not wait until June, but that the Treasurer—

The ACTING SPEAKER (Mr Koutsantonis): Order! The member's time has expired. The member for Norwood.

Ms CHAPMAN: —should understand it and put it in the budget.

The Hon. M.J. Atkinson interjecting:

The ACTING SPEAKER: Order! The member for Norwood.

The Hon. R.G. KERIN: I rise on a point of order. I would like the Attorney-General to withdraw what he just said about some 'sleazy allegations' by the Liberals about a decent man, Ted Mullighan.

The ACTING SPEAKER: I did not hear the allegation—

The Hon. R.G. Kerin interjecting:

The ACTING SPEAKER: Order! I did not hear any allegation across the chamber, and that is part of the reason that the house descends into chaos sometimes, because everybody is screaming at each other. The member for Norwood.

The Hon. R.G. KERIN: Point of order, sir. I ask you to at least ask the Attorney to withdraw his accusation.

The ACTING SPEAKER: Again, member for Frome, I apologise; I did not hear any allegation.

The Hon. R.G. Kerin: But he might want to, sir.

The ACTING SPEAKER: Well, if the Attorney-General—

The Hon. R.G. Kerin: He just ruined Ted Mullighan's reputation, sir.

The ACTING SPEAKER: Order!

The Hon. M.J. Atkinson interjecting:

The Hon. R.G. Kerin: I've got no idea what you are even talking about.

The Hon. M.J. Atkinson interjecting:

The ACTING SPEAKER: Order! The house will not descend into conversation across the chamber. If the Attorney-General made a remark which he feels is unparliamentary, and which I did not hear, I encourage him to withdraw; if he said nothing, we can move on.

The Hon. M.J. ATKINSON: I made no unparliamentary remark, sir.

The ACTING SPEAKER: Thank you. The member for Norwood.

The Hon. R.G. Kerin: Sleazebag!

The ACTING SPEAKER: Order! That is unparliamentary, and I ask the member for Frome—

An honourable member interjecting:

The ACTING SPEAKER: Order!

The Hon. R.G. KERIN: Sir, it was no worse than he said. What he said was a slur, and he admitted afterwards that I knew nothing about it, yet he—

The ACTING SPEAKER: Perhaps in deference to a former premier, we will leave it at that. The member for Norwood.

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