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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-05-14 Daily Xml
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CIVIL LIABILITY (OFFENDER DAMAGES) AMENDMENT BILL

Second Reading

Adjourned debate on second reading.

(Continued from 13 November 2008. Page 934.)

Mr VENNING (Schubert) (11:06): First, I commend the member for Davenport for bringing this matter to the house. I think a lot of members could observe and learn from the member for Davenport, because he brings issues to the house which are often of a complex but very necessary nature—and this is just another one.

This bill relates to damages paid to people in custody for death or injury arising from, or caused wholly or in part by, the negligence of the Crown. It will allow victims of crime to make a claim against any monetary compensation awarded to an inmate for damages. I am not aware of many occasions where compensation payments are made to prison inmates for incidents arising while in custody, but it seems completely right that a victim of crime should be able to claim to receive a share of any such damages awarded to the perpetrator of the crime against them.

New South Wales has had this legislation in place since 2005. In one case, a convicted drug dealer, who won about $300,000 in compensation for injuries he sustained in prison, has been forced to share $100,000 with his victims. That successful case led to three similar actions. This certainly sounds very reasonable to me. It is amazing that we have not decided to follow on behind New South Wales before this; after all, it has been four years.

So, obviously, whilst it is not a situation that occurs very often, because of this legislation three victims of crime in New South Wales have been able to claim against damages awarded to the criminal who committed a crime against them. This bill gives the crown the ability to withhold money from the damages amount for the following two purposes: (1) to cover interim payments to victims of crimes (relating to the offender); and (2) amounts requested to be paid as part of a judgment against the offender under the Victims of Crime Act.

Although the provisions of this bill may not be used very often, I think it is worth while if it enables only one victim of crime to receive some part of any compensation awarded to an inmate for any incident occurring in custody. I support the bill and I commend the member for Davenport. Surely, if New South Wales has had this provision for over four years then we should be seeing it operate here. It has obviously been tested and accepted there, and it is high time that we followed suit. I support the bill.

Debate adjourned on motion of Mr Bignell.

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