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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-10-12 Daily Xml
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Answers to Questions

Victims of Crime Payments

16 The Hon. T.A. FRANKS (24 August 2021). Will the Attorney-General advise:

1. Do the state’s model litigant rules apply to private sector corporations including private schools?

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

3. Was the Attorney-General 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 chief executive?

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?

5. If the above is correct, is it the case that there is a powerful disincentive and disentitlement that operates for compensation of abuse victims to report crimes committed to the police?

The Hon. R.I. LUCAS (Treasurer): The Attorney-General has advised:

1. No. The South Australian government’s Model Litigant Guidelines do not apply to private entities, such as private schools.

2. No. Out of court payments may be made to claimants as a result of private agreements between parties. If the South Australian government is not a party to such an agreement, it does not have access to the details.

3. The Attorney-General was aware that Mr Jim McDowell was at some point on the board of governors of St Peter’s College.

4. Exemplary damages can be awarded in exceptional circumstances to punish and deter a defendant, in addition to general damages (compensation) for loss suffered by a plaintiff. The High Court of Australia has held that exemplary damages cannot be awarded where the defendant has already received substantial punishment under the criminal law. However, aggravated damages can be awarded on top of general damages where the perpetrator’s conduct is particularly egregious and has a particularly harmful effect on the plaintiff.

5. No. Exemplary damages usually only form a small portion of the overall quantum awarded to a plaintiff. A criminal conviction does not bar compensation for loss and should not act as a disincentive for victims to report crimes.

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