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Parliamentary Questions


Question Without Notice No. 382 asked in the Legislative Assembly on 27 May 2020 by Mr P.J. Rundle

Parliament: 40 Session: 1

CHILD SEX ABUSE VICTIMS — STATUTE OF LIMITATIONS REMOVAL — CONDINGUP GROUP

382. Mr P.J. RUNDLE to the Attorney General:

I refer to the statute of limitations legislation for victims of child sex abuse that was carried through Parliament 18 months ago, when the Attorney General personally assured survivors that compensation would be swift and they could get on with their lives. What does the Attorney General say to victims, including the Condingup group in my electorate, who have endured multiple psychiatric assessments and are now being pursued by the Department of Education and state lawyers to relive abuse by supplying information already provided multiple times?

Mr J.R. QUIGLEY replied:

I thank the member for his question. It is very tragic that these people have waited so long for compensation. They would not have waited this long had the National Party not joined with the Liberal Party in defeating our amendments to the statute of limitations that we introduced to this Parliament from the opposition bench some years ago. We undertook to attend to this as soon as we got into government, and, of course, we amended the statute of limitations. Since we amended the statute of limitations, there have been 457 claims overall, of which 106 have been settled and 327 remain active. In relation to the Condingup matters—I have had a conversation behind the Chair with the member and we will continue to cooperate with him—there are five outstanding claims. In relation to those five outstanding claims, the State Solicitor is still waiting to receive three statements of claim from the solicitors so that they can be assessed. That has not happened. I do not want to mention either the firm or the victims' names, but unfortunately there was a bit of a lack of movement by a practitioner at the firm that was handling this matter. That practitioner has now parted ways with that employer and the matters are now moving forward. Of the five claims, as I said, the State Solicitor is waiting for three statements of claim to be filed. There has to be a statement of claim. We have to look after the taxpayers. Someone cannot just write a note and then we pay out a large sum; there has to be a statement of claim. We are waiting for three statements of claim. It is incredible that after all this time those three statements have not arrived.

I do not want to mention the names of the other two people involved, but I think the member would know them. I will refer to one as ''G''. In relation to ''G'', who was one of the five claimants, no statement of claim has been received, only a writ of summons that was amended on 19 April 2020. In relation to ''G'''s sister, ''S'', we have received the statement of claim and some medical reports but no medical history and no financial records. The solicitors acting for ''S'' agree that it is necessary to provide that information but they have been unable to provide it thus far. The plaintiff solicitors have asked whether it could all be done informally without going to the agreed joint medical experts, and the State Solicitor is currently considering that.

We have the utmost sympathy for the survivors of the child sexual abuse. This is why, five or six years ago from the other side of this chamber, I moved to amend the statute of limitations, but the then Attorney General, Hon Michael Mischin, stood firm and would not allow claims to proceed and would always plead the statute of limitations to lock those survivors out of court. We are doing all that we reasonably can. We look forward to better cooperation from the plaintiff's lawyers. I will help the member and answer a further supplementary question. I am so concerned that if he wants to discuss it behind the Speaker's chair after question time, I am happy to do that too without revealing any personal details in this chamber of the survivors themselves. Thank you, member.