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Legislative Assembly for the ACT: 2002 Week 9 Hansard (21 August) . . Page.. 2675 ..

MR STANHOPE (continuing):

Jon Stanhope said-

that the ACT Government should make an immediate payment to the complainant involved and that the Government should not appeal against the decision to award compensation of more than $223,000."

Mr Humphries goes on:

"Despite being briefed by the Government Solicitor on the matter and the reasons for appeal Mr Stanhope refused to change his position."

He goes on:

"Under the caretaker convention of the time I was obliged to take Mr Stanhope's view into account before making my own decision."

That is what Mr Humphries claimed yesterday, and he just told me that every word is true.

These are the facts. On 12 October 2001, after being approached in the street by a member of the family of the woman, I wrote to the then Chief Minister, Mr Humphries, in these terms:

I have been approached to assist [the woman] obtain payment of the judgment awarded against the Government on 29 September 2001.

I continued:

You might recall that [the woman] sued the ACT . . . for negligence for failing to diagnose and correctly treat her breast cancer. Mr Justice Crispin gave judgment against the ACT and the doctor on 29 September 2001 after expediting the hearing.

I understand that he has forwarded a copy of the judgment to you as required by section 13 of the Crown Proceedings Act 1992 which requires the Chief Minister to give directions as to the manner in which the judgment is to be satisfied. I further understand that, as at 11 October 2001, no information had been provided to the family or their legal representatives that action was being taken to pay the judgment.

Instead, Mrs Brown was faced with another hearing this morning on an application by the Government seeking to further delay the case and prevent interest accruing on the judgment. The Court dismissed the application.

My request to you, Mr Humphries, was:

Could you please advise me, as a matter of urgency, what action you have taken to arrange payment or part-payment of the monies awarded to Mrs Brown.

Mr Humphries: So you urged me to make the payment.

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