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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-06-22 Daily Xml
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Answers to Questions

Child Protection

14 The Hon. T.A. FRANKS (13 May 2021). Will the Minister for Child Protection advise:

1. Does the government, the minister, or the department—or any other agencies—monitor out-of-court payments for child sexual and other abuse cases?

2. Was the government aware that the former Chief Executive of the Department of the Premier and Cabinet, Mr Jim McDowell, was a member of the Board of Governors of St Peter's College while he was CE?

3. Is there any legal obligation on a school where child abuse has taken place to refund any school fees that have been paid by the family of the abuse victim(s)? If not, should there be and is this something the government has, is, or will consider?

4. Is it correct that exemplary damages cannot be awarded to abuse victims, including victims who were children at the time of the abuse, once the perpetrators have received a criminal conviction?

The Hon. J.M.A. LENSINK (Minister for Human Services): The Department for Child Protection (DCP) has advised that:

1. The involvement of DCP in court proceedings varies depending on the type and nature of the matter. In relation to the National Redress Scheme, DCP meets its commitments as a participant of the scheme.

In relation to civil matters, DCP does not monitor cases relating to child sexual abuse or other abuse, including where there is an out-of-court settlement, unless it is a party to the proceedings.

This question would be more appropriately addressed to the Attorney-General or the Attorney-General's Department.

2. This matter is not within the remit of the Minister for Child Protection or the Department for Child Protection.

3. This matter is not within the remit of the Minister for Child Protection or the Department for Child Protection, and is an issue more appropriately raised with the Minister for Education or the Department for Education where it relates to state government schools.

4. While the Department for Child Protection is a participating state government institution under the National Redress Scheme, the department's role is limited to providing a written response to a request for information, issued under the scheme, upon which an independent decision-maker determines the outcome of the application. A perpetrator's criminal conviction does not preclude an applicant from receiving a payment under the scheme.

Questions relating to damages or other payments outside of the National Redress Scheme are more appropriately directed to the Attorney-General or the Attorney-General's Department.

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