HANSARD
SITTING CALENDAR
SEARCH
LIVE BROADCAST
Hansard Dynamic Member Index
House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-10-27 Daily Xml
Contents
Pdf Xml

CHILDREN IN STATE CARE

Ms PORTOLESI (Hartley) (14:38): My question is to the Attorney-General. Can the Attorney-General inform the house about recent developments in the government's approach to claims for compensation made by people allegedly abused as children in state care?

Ms Chapman interjecting:

The Hon. M.J. ATKINSON (Croydon—Attorney-General, Minister for Justice, Minister for Multicultural Affairs, Minister for Veterans' Affairs) (14:38): The member for Bragg interjects 'totally inadequate'. We will cost that promise of the member for Bragg. I am pleased to inform the house that the government will be allocating more than $7 million in additional resources to administer claims for compensation made by people allegedly abused as children in state care.

Members interjecting:

The Hon. M.J. ATKINSON: I am not sure what the Liberal opposition finds funny about that. Additional funding is being directed to the management of these claims to ensure that all claims are handled expeditiously and with the utmost sensitivity. The government's improved management of claims from alleged victims of abuse in state care combines a compassionate approach to litigation—

Ms Chapman: Half a backflip.

The Hon. M.J. ATKINSON: Half a backflip? I see—a compassionate approach to litigation, which has always been our approach, with an alternative option of applying for ex gratia payments under the Victims of Crime Act 2001—something I announced, I think, on the day the Mullighan report was tabled.

Ms Chapman interjecting:

The Hon. M.J. ATKINSON: No. It was announced: you just weren't listening. Although the state always acts as a model litigant, the government has decided to take an especially compassionate approach to this litigation—

Ms Chapman interjecting:

The Hon. M.J. ATKINSON: Well, is the member for Bragg saying that she would write a cheque for an amount nominated by each claimant?

Ms Chapman: Every other attorney-general around the country has; you should hang your head in shame.

The Hon. M.J. ATKINSON: So, let us get it on the record: the parliamentary Liberal Party is promising to write a cheque for an amount nominated by any claimant.

Mr WILLIAMS: I have a point of order, Mr Speaker. I am not sure that the Attorney-General is answering the question. I think you should remind him that it is question time.

The SPEAKER: Perhaps the member for MacKillop might lean over to the member on his left and ask her not to interject.

The Hon. M.J. ATKINSON: We hope that claims can be dealt with quickly and appropriately, rather than treat these common law claims in the same manner as ordinary litigation. This compassionate litigation will include a sympathetic approach to applications by victims for an extension of time where the state would not suffer insurmountable prejudice as a result. I do not believe it is in anyone's interests, either the victim's or the state's, to allow cases of serious abuse to be heard at trial when a settlement on fair terms is available.

Nevertheless, the government accepts that compassionate litigation alone will not provide redress for all legitimate claimants. I expect that there will be a large number of people who may have been abused as children in state care but who, through no fault of their own, are unable to bring a claim in court and have a hope of proving it on the balance of probabilities.

Such claimants include those who are statute barred. I have previously stated that such claimants may be eligible for a payment from the Victims of Crime Fund. I reiterate this and take the opportunity to clarify this option. Although the Victims of Crime Fund is potentially available to all victims of crime, in most cases it is necessary for the applicant to establish beyond reasonable doubt that a crime has been committed. Further, in most cases compensation is not available under the act for claims relating to offences before 1969—and some of these cases are pre-1969. Further again, the amount of compensation that may be awarded for offences before 1987 is small. These requirements would prevent almost all the victims of abuse in state care from accessing adequate compensation under the Victims of Crime Act. However—

Ms Chapman: Finally, at least, you admit it.

The Hon. M.J. ATKINSON: Well, we always said this. The act confers a broad discretion on me as Attorney-General—

Ms Chapman: Wouldn't have anything to do with this legislation being tabled?

The SPEAKER: The member for Bragg is warned.

The Hon. M.J. ATKINSON: Well, the member for Bragg seems to think it is all about the member for Bragg. We all react to the member for Bragg and that is how events happen. The member for Bragg is the locomotive of history.

If I am satisfied as Attorney-General that the ex gratia payment is being made to a victim of crime and the payment will help a victim recover from the effects of the crime or will advance their interests in other ways then I can go ahead under that section of act. I said as much at my news conference on the day the Mullighan report was released.

Eligible claimants can apply for a payment of up to $50,000 from the Victims of Crime Fund. The government has decided that ex gratia payments under the act are a real alternative for legitimate claimants, such as those identified in the Mullighan report as being in state care.

I as Attorney-General will determine the amounts to be awarded, depending on the level of serious and lasting harm suffered as a result of the abuse. Monetary compensation is, however, only one component of the government's response to victims of sexual abuse in state care.

In 2003 the government took up Pastor Evans' initiative and changed the law to remove the statute of limitations that prevented sex offenders from being prosecuted for offences that occurred before December 1982. This has seen about 40 offenders being found guilty of over 150 offences, including indecent assault, unlawful sexual intercourse, carnal knowledge and rape.

If the previous Liberal government had got its way, not one of those offenders would have faced prosecution. The former Attorney-General—albeit for a blink of the eye—the Hon. Robert Lawson made the decision that the statute of limitations would not be lifted under a Liberal government. We changed that; but let us make it clear whose idea it was—it was Family First's idea. As a result of this important change in the law, 30 paedophiles have been imprisoned for periods ranging from three months to 25 years. I am surprised at how many of those offenders pleaded guilty, given the difficulties of proving sexual offence cases after so many years.

Since the Mullighan report was handed down, the government allocated an additional $2.24 million in funding to the Office of the Director of Public Prosecutions to prosecute alleged perpetrators of child sex abuse coming out of the Children in State Care Commission of Inquiry. After the inquiry, and as a result, SAPOL's Paedophile Task Force commenced investigating 501 matters relating to 295 persons of interest and 170 alleged victims. Critically, on 17 June last year, the Premier offered an apology in this place on behalf of current and previous governments to victim survivors; and the government responded to all the commission's recommendations in June 2008.

The government further demonstrated its pledge to keeping children safe through the largest ever investment in protecting children in the state's history. Over $190 million has been directed towards implementation of the inquiry's recommendations, in particular, appropriately placing children in care and better supporting children in care and their carers. Also, Post Care Services was established to provide information, advocacy, referral and support to adults who were previously under the guardianship of the minister or secure care orders, or in institutional care in children's homes or orphanages. The service offered for adults post care includes assistance with referrals to community services, counselling, housing support, education, life and parenting skills, support with locating family, and accessing entitlements such as criminal injuries compensation and transition to the independent living allowance.

The government takes the horror of abuse victims very seriously and this is one reason the government has been careful in its deliberation of how to respond and also why action is being taken on so many different levels to address the needs of this group of victims. I encourage claimants wanting to know more about applying for an ex gratia payment under the Victims of Crime Act to contact the Commissioner for Victims' Rights, Mr Michael O'Connell.

PARLIAMENTARY BUSINESS
MEMBERS
GET INVOLVED
ABOUT PARLIAMENT
VISIT
LEGISLATIVE COUNCIL
HOUSE OF ASSEMBLY
CONTACT