Violence bill to hit $60m
12.04.1998
QUEENSLAND taxpayers face compensation bills estimated at more than $60 million over the next few years to recompense victims of violence on remote Aboriginal and Torres Strait Islander communities.
Violence among ATSI people is so endemic that lawyers dealing with criminal compensation claims estimate there are more than 2000 victims of crime on Queensland communities, mostly women and children.
Victims are able to claim compensation against the perpetrator but, in almost all cases, no funds are available so the State Government meets the award through an ex gratia payment.
Estimating the compensation awards at a very conservative $30,000 each, the likely bill facing Queensland taxpayers over the next few years is a minimum of $60 million, according to lawyers involved in this field of litigation.
As well, several hundred ``new'' victims will be added to the list each year as the violence continues.
Legal Aid Queensland now has solicitors who visit remote communities and prepare claims for victims.
The maximum amount payable to victims under current Queensland legislation is $75,000.
Attorney-General Matt Foley has previously instructed that indigenous women be represented by ATSI and mainstream legal aid organisations.
Mr Foley's action followed revelations that Aboriginal Legal Aid assistance was not being provided to women or children because it was ``policy'' that funding not be provided in a ``black against black'' case.
Numerous cases are now coming forward of women who were raped, stabbed or badly beaten and the perpetrator dealt with 10 or 15 years ago, yet no one told the victims they were entitled to claim criminal compensation, or assisted them.
Brisbane solicitor Tony Bailey, who constantly travels to the remote communities and specialises in victims' compensation matters, said yesterday the estimates of victims were ``probably conservative''.
He said that in one day on Palm Island last month he received 40 applications, mostly from women.
Mr Bailey travels to each community with a team of experts, including an orthopaedic surgeon, a plastic surgeon, a psychiatrist and a therapist from the Wesley Hospital rehabilitation section so that claims can be assessed and processed as quickly as possible.
``The efforts of the medical practitioners involved to date have been commendable,'' Mr Bailey said.
``There has previously been a reluctance for specialists to do this work because they cannot spend time away from their own practices, and they apparently perceive that their work in this very important area is not sufficiently recognised.''
Carpentaria Land Council spokesman Murrandoo Yanner said his organisation had provided funding to lawyers to protect interests of crime victims.
ATSIC is also now assessing an application to provide funding so the backlog of claims can be addressed.
In many cases, the female recipients use the money to leave the community, particularly when their attacker returns from a jail term.
In cases where a victim who is awarded compensation is not considered able through physical or mental incapacity to properly handle the funds,
the Public Trustee administers the account.
