Page 1326 - Week 05 - Tuesday, 16 April 1991
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
The Bill requires the copies of the applications and their attachments to be forwarded to the Government Solicitor of the ACT. This requirement will enable the Government Solicitor to be fully aware of the applicant's case and to participate in the proceedings to assist the court in determining the amount of compensation payable.
Rightly, this Bill proposes to apply the amendments to applications lodged after the commencement of the amendments, which clarifies any uncertainty as to the extent of their application. Mr Speaker, I commend the Bill to the Assembly.
MR STEFANIAK (8.42): Like other members, I am delighted to see this Bill come before the Assembly and I trust that it will be passed tonight unanimously. It is long overdue because, as other speakers have mentioned, other States have been in front of the ACT for anything up to four to five years. The State that surrounds us, New South Wales, I understand has had this increased level of $50,000 for a couple of years. So, it is a very timely Bill, introduced by the Attorney-General and this Government, to increase the maximum amount payable under section 7 of the principal Act from $20,000 to $50,000.
Mr Connolly mentioned a recent case in the Supreme Court where, in fact, a $50,000 payment was ordered under current law. Indeed, the courts have been somewhat innovative in Canberra in relation to applying the then existing criminal injuries compensation laws. I can recall Mr Justice Gallop, about two years ago, giving $40,000 to one victim in relation to two offences. The maximum figure was $20,000 but he got around that fairly low maximum figure by what I suppose was a bit of legal fiction, but it was appropriate and it worked. This timely increase alleviates the need for the courts to go into such mental gymnastics as they have had to do to ensure that victims get an appropriate level of compensation.
I am heartened by the comments of both Ms Maher and Mr Connolly in relation to the question of compensation for victims. It is also good to see in this Bill the proposed new section 29A, "Recovery of compensation from offenders". That proposed new section states a number of situations where it will apply. Then, subsection (2) states:
Where this section applies, the offender is liable to pay to the Territory an amount equal to the amount of the relevant award of compensation under this Act.
That will go some way to alleviating the cost burden to the Territory which we would otherwise have to pay in relation to the increase in the maximum amount payable. It will not completely cover that situation because, certainly from my experience as a criminal lawyer, there are very many offenders who simply do not have any money and who will be
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .