Victims' aid pledge a hollow farce
15.11.1997
By: KOCH A Source: QNP
THE QUEENSLAND Government's handling of court-awarded payments to citizens who suffer at the hands of criminals is appalling.
In outlining examples which seem incredible in the telling, it is educational to first be reminded of the genesis of compensation for victims of crime.
The system never was designed to make people rich or provide for early retirement. Limits are imposed by all governments. When a person is convicted, the victim has the right to apply to the judge for compensation to help with rehabilitation _ perhaps to relocate or pay medical or psychological treatment.
Judge Alan Demack put the issue in perspective in 1979 in the case of a criminal named Sainty who had battered middle-aged Maxwell Dahlenburg almost to death.
Demack said: ``It seems to me clear beyond argument that the community has an obligation towards victims of crime such as Mr Dahlenburg. His middle age has been blighted by acts of frightening brutality in respect of which he is entirely blameless.
``It would be a monstrous thing if the community's only interest in him were as a witness to secure a conviction. Yet victims of crime would be forgiven for thinking that they are no more than necessary evils in the majestic administration of the criminal law.''
The judge explained that the Governor-in-Council could make a payment to the victim if the assailant, as is usually the case, had no assets: ``If the Governor-in-Council makes a payment, the Minister (Attorney-General) is to stand in the shoes of the victim to the extent of the payment in respect of any legal claim. What Parliament giveth it taketh away.''
In ridiculing the propensity of the government to delay such payments, Demack said the powers of deferment should be repealed and replaced by a requirement that a payment be made in a specified time, suggesting three months. If that did not happen, he said the legislation would be a ``hollow farce''.
Demack concluded: ``The only proper and humane thing for the community to do is to require the government to make a payment when it is needed _ not ex-gratia.''
There are scores of cases in Queensland now where Attorney-General Denver Beanland and his department have not only delayed payments for an inordinately long time but Beanland has exercised what he calls his ``unfettered discretion'' to reduce court awards or reject them altogether.
An amazing aspect of the issue is the part played _ or not _ by the Aboriginal and Torres Strait Islander Commission, the body provided with more than $1 billion a year to look after the needs of indigenous people.
Brisbane lawyers Tony Bailey and Tony Kimmins have recognised the needs of crime victims in remote areas who were not claiming their entitlements. They set about helping these people, funding the actions themselves and collecting their modest fees only when the actions were settled. They have 250 claims on their books _ all poor, indigenous or remote people, sometimes all of the above.
A Gold Coast legal firm also has more than 60 cases on its books _ most of which are being stalled by bureaucratic demands.
In the Bailey/Kimmins example, 175 of the 250 victims are Aboriginal.
In September, the duo made an application to ATSIC through Neville Bonner's Indigenous Advisory Council for $200,000 to complete the actions. It was estimated that more than $900,000 was owed to indigenous victims of crime and the offer was that, as each action settled, the costs would be refunded to ATSIC.
They were rejected but an ATSIC official said the organisation would ``agitate'' for them. How gracious.
The fact is that these victims will not get the compensation to which they are entitled. The victims are almost exclusively women and children and the perpetrators almost exclusively indigenous males.
Indigenous legal services will not fund actions which pit ``black against black'', so the women and children miss out.
One would think such a response _ a decision based on race _ would make an interesting test case in the anti-discrimination courts. The victims do not get the money for further medical treatment, money which could help them escape the cycle of violence in which many are locked.
So ATSIC cannot put up $200,000 _ money which would be refunded. But who could be more in need of their assistance than raped or brutalised Aboriginal women and children?
The lawyers proposed that Aboriginal legal services complete the actions. Not interested.
So who does care about these people? They have been abandoned by their own representatives, shunned by the justice system and often rejected by Beanland and his bureaucracy.
Given Beanland's mean-spirited attitude to truly needy people, there is an obvious solution which would suit even his penny-pinching administration. The Crown could appear in court when victims apply to a judge for compensation. If the Justice Department wanted to participate, this should be the forum to put its case. The judge's decision should then satisfy all parties.
The whole, unacceptable issue is one that should be addressed by the judiciary and representative legal bodies _ the Law Society, Bar Association and the Civil Liberties Council. Beanland and other Coalition members made great play of their concern for victims of crime in the lead-up to the last state election. He promised change and expressed sympathy. He was believed. But he has succeeded in bringing to fruition Demack's prediction that the system, if managed without compassion, would be a ``hollow farce''.
The Attorney-General, through his incompetence in running his portfolio, lost the confidence of the Parliament but chose to ignore that democratic vote.
He now has lost the confidence of that needy group he embraced when it suited him _ victims of crime.
It is not an exclusive group. You or I could be unwilling members tomorrow. Don't depend on the Attorney-General for help.
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Caption: PIC OF HEAD SHOT CARICATURE PICTURE OF ATTORNEY-GENERAL DENVER BEANLAND
Library Heading: COMPENSATION CRIME
STATE GOVERNMENT QLD
LAW AND LAW COURTS
Keywords: VICTIMS OF CRIME
CRIME COMPENSATION
Section: PERSPECTIVES
CML-19971115-2-023-P552067
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COURIER-MAIL, Edition 2 - FIRST WITH THE NEWS
SAT 15 NOV 1997, Page 008
ATSIC spurns pay-out help for crime victims
By: KOCH A Source: QNP
ATSIC has refused a lawyer's application for advance funds to allow them to fight to get compensation for indigenous victims of crime.
Brisbane solicitor Tony Bailey was told by an ATSIC official that no funds were available, but the organisation would ``agitate'' for his cause.
Assistance also was sought to form a committee to oversee claims of people in remote regions who do not have access to normal legal and medical services.
The proposed committee included Health Minister Mike Horan, National Party Senator Bill O'Chee, psychiatrist Ian Curtis, Victims of Crime Association president Ian Davies, Opposition Justice spokesman Matt Foley, a Law Society accountant, legal representatives and an ATSIC councillor.
An aim of the committee was to work with the Royal Flying Doctor Service and the Royal Children's Hospital so medical and psychiatric care could be provided to victims, most of whom are women and children.
On September 8, Mr Bailey sent a detailed submission to the Indigenous Advisory Council, headed by former senator Neville Bonner.
It was passed on to ATSIC through commissioner Col Dillon, but the rejection was swift. It is the policy of indigenous legal services that they do not fund litigation where ``black is against black''.
The result is that indigenous victims, most of whom have suffered at the hands of their partners, parents or other family members, are handicapped in efforts to push for a claim.
Mr Bailey pointed out in his most recent submission that a February submission to ATSIC had apparently ``gone missing''.
He said yesterday that of 250 applications he is handling for victims in remote regions of Queensland, 175 were for indigenous people. The injuries included rape, stabbing, spearing, assault, shooting and attempted murder.
Mr Bailey's September submission said: ``On my understanding of the matter, ATSIC is charged with the responsibility of assisting all disadvantaged indigenous groups and victims of crime are clearly one such group.
``It strains credulity and logic to think that vast sums of money are applied to the legal representation and protection of the rights of accused indigenous people and not a cent is provided for the legal representation of victims.
``No sensible argument can be advanced to support this position.''
Indigenous victims for whom compensation claims have been lodged include:
Jane Roughsey, 30, assaulted by Arthur Isaacs with a cricket bat, resulting in serious internal injuries. Awarded $70,470 in May, 1997, but challenged by Justice Department. Continues to suffer serious psychological problems.
Gloria Casey, 42, stabbed in both arms and chest by Henry Geordie. Suffered permanent loss of use of her right arm. Judge Trafford-Walker found she had suffered years of physical abuse. Awarded $35,000 but now challenged by Justice Department.
Janine Johnny, 24, punched, stabbed in the leg, slashed back and arms. Assailant Clinton Peters sentenced to 30 months' jail. Awarded $22,000 in June 1997, but not yet paid.
Shiralee Koorabubba, 24, knifed by Bruce Karkadoo. Awarded $25,000, but payment challenged by Justice Department.
Rachael Roberts, 16, shot in the stomach when she was seven and left with 8cm scar on stomach. She was awarded $25,000 but that is being challenged.
Etti Harold, 36, scalded when Justin Brown poured two jugs of boiling water over her. She is disfigured and lives on the streets or in women's shelters in Mt Isa. Awarded $72,680, but challenged by the Justice Department because she has a history of assault and stealing.
Lizzie Dodds, 34, lost a kidney when Charlie Salas knocked her down, kicked her and jumped on her back. Action is held up because he is hiding in the Northern Territory.
Stella Roughsey, 26, stabbed in the arms by Janelle Dugong and awarded $51,900. Soon after, attacked with a spear by Ashley Gavander and stabbed in legs and arms. No money paid yet.
