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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-10-27 Daily Xml
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COURT DELAYS

The Hon. J.S.L. DAWKINS (15:22): I seek leave to make a brief explanation before asking the Leader of the Government, representing the Attorney-General, and in his own right, a question about court delays.

Leave granted.

The Hon. J.S.L. DAWKINS: The government has announced certain initiatives to accommodate the express resolution of cases arising out of the Mullighan Inquiry into the Abuse of Children in State Care. The opposition recognises that is appropriate, but there is a direct consequence: that is, people who are awaiting the determination of not just other criminal cases but also civil cases are delayed. I have a female constituent with a pending de facto property action in the District Court, in which she is seeking relief to access settlement for her share of property with her former de facto partner. That includes her registered half interest in their former residence. She has now been advised that her case will not be heard until March or April next year, and that is after an already long time in the courts.

It is particularly difficult—and this is where it affects other portfolio areas—because there is a policy that states that if you are a registered owner of property you cannot access or even get on to the list of people seeking public housing through the South Australian Housing Trust. You have a situation where, because someone is a registered owner of property, even though they cannot live in it presently, access it, use the money from it or even borrow against it to secure other accommodation, the legal status means that they are excluded from being on a public housing list or having access to it, yet at the same time they face a significant delay in the resolution of civil proceedings in the court.

I raised this constituent's case with the housing minister by correspondence on two occasions. In addition, the situation has been brought to the attention of the Attorney-General by the member for Bragg in another place. It is also relevant to note that my constituent, who has been forced to live with relatives for many months, is continually frustrated by the presence of empty Housing Trust accommodation in the near vicinity of her temporary abode. Will the leader take a whole of government approach and work with the Attorney-General and the Minister for Housing to find a solution to the unacceptable dilemma in which this constituent finds herself?

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Small Business) (15:25): I have dealt with enough constituent issues down the years to know that each one of them is unique. From the honourable member's question, it certainly sounds as though a range of issues are involved here. Obviously, before one could attempt to deal with them, one would need to fully understand the situation. What I suggest the honourable member does—if he has not already done so—is raise this matter with the appropriate minister. I am happy to refer the question on, but I suspect that, without the particularities of the case, it would be difficult for the minister—

The Hon. J.S.L. Dawkins: I will provide you with anything you need.

The Hon. P. HOLLOWAY: If the member provides me with the details, I am happy to pass them on to the other ministers. I am well aware that there are complex issues involving both the Housing Trust and, of course, the courts. It was not clear from the honourable member's question which particular court the matter was before.

The Hon. J.S.L. Dawkins: The District Court.

The Hon. P. HOLLOWAY: The District Court. It is my understanding that the Attorney has given the appropriate emphasis in relation to child protection issues. It is also my understanding that he has taken other measures to ensure that that would not unduly delay the courts, but I will leave that to the Attorney-General to respond to. As I said, if the honourable member gives me the relevant information, I will ask for the case to be investigated by my colleagues.

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