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Parliamentary Questions


Question Without Notice No. 355 asked in the Legislative Council on 16 April 2020 by Hon Nick Goiran

Parliament: 40 Session: 1

CHILD PROTECTION — VIOLENCE RESTRAINING ORDER APPLICATIONS

355. Hon NICK GOIRAN to the Leader of the House representing the Minister for Child Protection:

I refer to the extraordinary case of Albrecht v Ryder. On 24 March 2020, Magistrate Hogan published the reasons for his decision to order the department to pay $27 280 in legal costs to the respondent.

(1) Is the minister aware that the magistrate found that one of the department's applications for a family violence restraining order was both frivolous and vexatious?

(2) Whose decision was it to make the frivolous and vexatious application?

(3) What is the total amount the department has incurred as a result of its decision to be represented by independent counsel Mr S.B. Watters in this case?

(4) Further to (3), what other costs were incurred by the department in its unsuccessful applications?

(5) What training is being, or has been, provided to those involved in making the frivolous and vexatious application to avoid a recurrence?

Hon SUE ELLERY replied:

I thank the honourable member for some notice of the question.

(1) Yes.

(2) The Department of Communities pursued the application based on the best interests of the children the subject of the application.

(3) An amount of $16 325.

(4) No other unsuccessful family violence order applications have been made by Communities on behalf of children in the last year.

(5) Communities is committed to continuous improvement and this matter will be considered as part of that process. Communities stands firm in its obligation to protect children from violence in all its forms and will continue to bring applications for violence restraining orders in circumstances it deems appropriate to protect children.