Page 3449 - Week 11 - Wednesday, 13 October 1993
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In the particular case I mentioned earlier it would be inappropriate to seek reimbursement from an alleged offender who was never proven guilty of committing the acts for which the compensation was awarded. I think, Madam Speaker, that some judgment could be used to determine whether reimbursement should be sought, and the extent to which that reimbursement should be sought.
The report recommends in paragraph 321 that the Government not avail itself of the option to pursue reimbursement unless the victim seeks damages through the civil courts. I am reluctant to support that recommendation as a legislative measure because, quite simply, the Government does not operate as a bottomless money pit from which compensation is payable. The Government already has indicated its intention to limit the extent to which it is liable for making payments of compensation under this Act. In some cases it will be practical to seek reimbursement so that the pool from which the compensation is payable is not operating without some measure of seeking a return where possible.
Madam Speaker, many of the comments relating to children, particularly those who are intellectually impaired, make a great deal of sense. The need to make some reform to our justice system to bring the system into line with modern understanding of child psychology is quite evident. The Liberal Party is particularly keen to see advances in the field of children giving evidence in court. We would like to be looking, in the near future, at supporting proposals which allow the use of videotaped evidence in court on a greater basis than is presently possible and perhaps even using other technology to enhance the capacity of a child to do just that.
The Opposition welcomes this report, as I said. It is a very valuable study into the rights of victims and the important role that the justice system plays in repairing, or at least going some of the way to do so, the damage caused to them by the infliction of crime. Our history has shown us that to be more concerned about the rights of the accused, without taking into account the needs of the victims and the wider community, is a wrong attitude. We are now preparing to make major advances in the treatment of victims through the judicial system and, I might say, it is not before time. I hope that this report will be implemented quickly by the Government. I look forward to some advice about the way in which it will do so, and what legislation it will bring to the Assembly to enact many of the specific recommendations contained in this report.
MRS GRASSBY (4.25): The victims of crime report is an excellent report. Mr Humphries undoubtedly has covered most of what is in the report. I would like to congratulate the Minister who authorised this report. Victims of crime are people who have suffered harm and physical, mental and emotional suffering, including grief. I am sure that there is not one person in this house who does not know someone to whom this has happened. The report has gone a long way in providing information on victims of crime.
The Community Law Reform Committee has recommended that victims who are to be witnesses should receive information concerning what will be required on their part. It is hard enough for anyone to have to give evidence in a court. If you are a victim of a crime I think it would be much harder. We know that information can influence some members of the public in giving evidence. The victim of the crime must be kept in mind at all times. We know the stress that victims of crime suffer when brought face to face with the perpetrator.
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