November 21, 2018
Government opposes improvements to redress scheme
The State Government has informed the Opposition it will not support amendments to WA’s National Redress Scheme legislation to improve support for victims of institutional child sex abuse.
Shadow Attorney General Michael Mischin said unless the McGowan Government agreed to amend its proposed National Redress Scheme legislation, West Australian survivors of institutional sexual abuse would be entitled to a lesser standard of compensation than victims in any other State.
“The Attorney General has been grandstanding about the importance of this Bill passing through Parliament before the end of the year, however that should not require the Parliament to accept substandard legislation,” Mr Mischin said.
“We remain committed to the legislation passing through Parliament expeditiously, but it is our responsibility to propose amendments to improve legislation, particularly when those amendments improve the rights of victims of institutional child sex abuse.”
Shadow Minister for Child Protection Nick Goiran said Attorney General John Quigley had indicated he would not agree to amendments to the legislation to bring it in line with redress legislation in all other states.
Mr Goiran said the Attorney General had inserted provisions into the Government’s legislation which would extinguish the rights of victims of institutional child sex abuse to apply for criminal injuries compensation in the event they receive any funding through National Redress, even if that Redress payment is as little as one cent.
“Victims of institutional child sex abuse have every right to be outraged with this Government when they realise the legislation leaves them with the most mean-spirited compensation process in the entire country,” Mr Goiran said.
“No other jurisdiction in Australia does this and if the McGowan Government’s provision is accepted, Western Australia will be the first jurisdiction to have this mean-spirited clause.
“I indicated my intention to the Attorney General to move amendments to the legislation to allow victims of institutional child sex abuse to be eligible to apply for criminal injuries compensation in addition to any compensation they receive from National Redress.
“The Attorney General has advised he will not be supporting this amendment but has not provided reasonable justification for his decision.
“The Opposition’s amendment could proceed and the legislation still pass through Parliament before the end of the year; that cannot be the reason for his opposition to the amendment.”
Mr Goiran said the McGowan Government’s additional clause in the legislation, which was not part of the agreement with the Federal Government, could leave victims of institutional child sex abuse out of pocket.
“If a victim suffered ‘contact abuse’, they are entitled to only $2,500 for counselling under National Redress,” Mr Goiran said.
“However, if their counselling cost $10,000, they will be required to pay the balance themselves because the McGowan Government’s legislation will preclude the victim from seeking criminal injuries compensation.
“The Opposition’s amendment would enable those victims to make an application for criminal injuries compensation to cover those costs.
“It is deeply regrettable the McGowan Government will not support our considered amendment, and is comfortable leaving Western Australia with substandard legislation.”
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