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Parliamentary Questions


Question Without Notice No. 789 asked in the Legislative Council on 7 September 2020 by Hon Nick Goiran

Parliament: 40 Session: 1

CHILD PROTECTION — VIOLENCE RESTRAINING ORDER APPLICATIONS

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

I refer to question without notice 355, in which the minister acknowledged that in the Albrecht v Ryder case the application by the Department of Communities for a family violence restraining order was both frivolous and vexatious, and resulted in the state being ordered to pay $27 280 in legal costs to the respondent.

(1) Is the minister aware that a further failed prosecution has resulted in further costs being awarded to the respondent on 10 August 2020?

(2) If no to (1), why not?

(3) If yes to (1), what is the amount the state must pay for this latest failed prosecution?

(4) Did the department ever consider the outcome of the first matter as foreshadowed in response to question without notice 355?

(5) If yes to (4), what was the outcome of that review?

Hon SUE ELLERY replied:

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

(1)–(3) These parts should be referred to the Minister for Police.

(4)–(5) The Department of Communities is committed to continuous improvement and considers the outcome of unsuccessful applications as part of that process. The department pursued the original application based on the best interests of the children who were the subject of the application. 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.