❓ Question regarding financial assistance for Toodyay bushfire victims and its impact on their ability to pursue legal action against the government or Western Power. The Premier clarifies that the payments do not preclude legal action and repayment is not required if legal action is successful.
AnsweredQoN 584Legislative Assembly
QuestionView source ↗
TOODYAY BUSHFIRE — FINANCIAL ASSISTANCE
I refer to yesterday’s state government announcement of an offer of financial assistance to those adversely affected by the Toodyay bushfire. (1) Could the Premier please outline whether, as part of this financial assistance, the payments will exclude affected people from beginning legal proceedings against the government or Western Power? (2) If no to (1), if those legal proceedings are successful, will those who have received the payments have to pay the money back? (3) Can the Premier please outline whether this now sets a precedent for others who may lose their houses or possessions due to a fire? Mr C.J. BARNETT
I refer to yesterday’s state government announcement of an offer of financial assistance to those adversely affected by the Toodyay bushfire. (1) Could the Premier please outline whether, as part of this financial assistance, the payments will exclude affected people from beginning legal proceedings against the government or Western Power? (2) If no to (1), if those legal proceedings are successful, will those who have received the payments have to pay the money back? (3) Can the Premier please outline whether this now sets a precedent for others who may lose their houses or possessions due to a fire? Mr C.J. BARNETT
AnswerView source ↗
I thank the member for Geraldton for the question, Mr Speaker, and, of course, the people affected are your constituents. Several members interjected. The SPEAKER : Members! Mr C.J. BARNETT : I do know where Toodyay is! (1)–(3) The issue of the Toodyay fires on 29 December 2009 was a complex situation. Some 138 properties were damaged, and 38 homes were totally destroyed. Fortunately, there was no loss of life or serious injury. I, again, commend the emergency services for their work. As members are aware, there have been two reports from EnergySafety. The first, basically, exonerated Western Power, and the second drew some association between the fire and Western Power infrastructure—something Western Power disputes. Mr E.S. Ripper : It said a pole fell over and caused a fire! Mr C.J. BARNETT : Whether Western Power is negligent and whether it is liable can be determined only by the Supreme Court now. Mr E.S. Ripper : That’s wrong! Mr C.J. BARNETT : However, given all the circumstances and the hardship that people were facing, I believe this is a fair and just result. The state government has contributed $5 million, and Western Power, in good faith, has contributed $5 million to create the $10 million package. The maximum payment anyone can receive for a totally lost house is $150 000. If we take into account contents, tools of trade, sheds and other things, the total ex gratia payment can be a maximum of $190 000. There are a lot of complex issues in terms of Western Power, its insurers and the like, and in answer specifically to the questions the member asked, the announcement made it quite clear that people who receive this money are not in any way precluded from pursuing legal action if they so choose. That will be entirely their choice. Also, in that sense, if they take legal action and win in the court and damages are awarded against Western Power, there is no requirement that they repay this money to the government or to Western Power; however, I cannot presume what the court might decide if it were to award damages and whether it would take this into account in awarding damages. That would be a matter for the court, not for us. But if people receive funds, they will not be required to sign or make any commitment to return that money; it is a totally ex gratia payment. The final question was whether this could be seen as setting a precedent. I would advise people, particularly those living in fire-prone areas—as this area clearly is—to take necessary precautions to protect their property, and, in particular, insure it. Property owners should not assume from this that the state government will make ex gratia payments if houses and other property are lost through fire or any other natural disaster. One of the reasons we are making this payment is the link that was made between the fire and Western Power infrastructure in the second report of EnergySafety, which the government has accepted. That is why this payment is being made. I urge people to take out proper and full insurance on their properties. Part of the complication of this was that probably two-thirds or three-quarters of people had adequate or close-to-adequate insurance; about one-third did not. I hope most people see this as a fair, if not generous, offer, but the government has received some criticism in that some people have said that it is not enough and it does not cover their full losses; other people say they should have been insured. That has been part of the division of opinion that I can assure members exists in Toodyay and the wider community. I thank the member for the question, and I believe the government has dealt with this fairly, given the complexities of what took place.
(1) Could the Premier please outline whether, as part of this financial assistance, the payments will exclude affected people from beginning legal proceedings against the government or Western Power? (2) If no to (1), if those legal proceedings are successful, will those who have received the payments have to pay the money back? (3) Can the Premier please outline whether this now sets a precedent for others who may lose their houses or possessions due to a fire? Mr C.J. BARNETT replied: I thank the member for Geraldton for the question, Mr Speaker, and, of course, the people affected are your constituents. Several members interjected. The SPEAKER : Members! Mr C.J. BARNETT : I do know where Toodyay is! (1)–(3) The issue of the Toodyay fires on 29 December 2009 was a complex situation. Some 138 properties were damaged, and 38 homes were totally destroyed. Fortunately, there was no loss of life or serious injury. I, again, commend the emergency services for their work. As members are aware, there have been two reports from EnergySafety. The first, basically, exonerated Western Power, and the second drew some association between the fire and Western Power infrastructure—something Western Power disputes. Mr E.S. Ripper : It said a pole fell over and caused a fire! Mr C.J. BARNETT : Whether Western Power is negligent and whether it is liable can be determined only by the Supreme Court now. Mr E.S. Ripper : That’s wrong! Mr C.J. BARNETT : However, given all the circumstances and the hardship that people were facing, I believe this is a fair and just result. The state government has contributed $5 million, and Western Power, in good faith, has contributed $5 million to create the $10 million package. The maximum payment anyone can receive for a totally lost house is $150 000. If we take into account contents, tools of trade, sheds and other things, the total ex gratia payment can be a maximum of $190 000. There are a lot of complex issues in terms of Western Power, its insurers and the like, and in answer specifically to the questions the member asked, the announcement made it quite clear that people who receive this money are not in any way precluded from pursuing legal action if they so choose. That will be entirely their choice. Also, in that sense, if they take legal action and win in the court and damages are awarded against Western Power, there is no requirement that they repay this money to the government or to Western Power; however, I cannot presume what the court might decide if it were to award damages and whether it would take this into account in awarding damages. That would be a matter for the court, not for us. But if people receive funds, they will not be required to sign or make any commitment to return that money; it is a totally ex gratia payment. The final question was whether this could be seen as setting a precedent. I would advise people, particularly those living in fire-prone areas—as this area clearly is—to take necessary precautions to protect their property, and, in particular, insure it. Property owners should not assume from this that the state government will make ex gratia payments if houses and other property are lost through fire or any other natural disaster. One of the reasons we are making this payment is the link that was made between the fire and Western Power infrastructure in the second report of EnergySafety, which the government has accepted. That is why this payment is being made. I urge people to take out proper and full insurance on their properties. Part of the complication of this was that probably two-thirds or three-quarters of people had adequate or close-to-adequate insurance; about one-third did not. I hope most people see this as a fair, if not generous, offer, but the government has received some criticism in that some people have said that it is not enough and it does not cover their full losses; other people say they should have been insured. That has been part of the division of opinion that I can assure members exists in Toodyay and the wider community. I thank the member for the question, and I believe the government has dealt with this fairly, given the complexities of what took place.
(2) If no to (1), if those legal proceedings are successful, will those who have received the payments have to pay the money back? (3) Can the Premier please outline whether this now sets a precedent for others who may lose their houses or possessions due to a fire? Mr C.J. BARNETT replied: I thank the member for Geraldton for the question, Mr Speaker, and, of course, the people affected are your constituents. Several members interjected. The SPEAKER : Members! Mr C.J. BARNETT : I do know where Toodyay is! (1)–(3) The issue of the Toodyay fires on 29 December 2009 was a complex situation. Some 138 properties were damaged, and 38 homes were totally destroyed. Fortunately, there was no loss of life or serious injury. I, again, commend the emergency services for their work. As members are aware, there have been two reports from EnergySafety. The first, basically, exonerated Western Power, and the second drew some association between the fire and Western Power infrastructure—something Western Power disputes. Mr E.S. Ripper : It said a pole fell over and caused a fire! Mr C.J. BARNETT : Whether Western Power is negligent and whether it is liable can be determined only by the Supreme Court now. Mr E.S. Ripper : That’s wrong! Mr C.J. BARNETT : However, given all the circumstances and the hardship that people were facing, I believe this is a fair and just result. The state government has contributed $5 million, and Western Power, in good faith, has contributed $5 million to create the $10 million package. The maximum payment anyone can receive for a totally lost house is $150 000. If we take into account contents, tools of trade, sheds and other things, the total ex gratia payment can be a maximum of $190 000. There are a lot of complex issues in terms of Western Power, its insurers and the like, and in answer specifically to the questions the member asked, the announcement made it quite clear that people who receive this money are not in any way precluded from pursuing legal action if they so choose. That will be entirely their choice. Also, in that sense, if they take legal action and win in the court and damages are awarded against Western Power, there is no requirement that they repay this money to the government or to Western Power; however, I cannot presume what the court might decide if it were to award damages and whether it would take this into account in awarding damages. That would be a matter for the court, not for us. But if people receive funds, they will not be required to sign or make any commitment to return that money; it is a totally ex gratia payment. The final question was whether this could be seen as setting a precedent. I would advise people, particularly those living in fire-prone areas—as this area clearly is—to take necessary precautions to protect their property, and, in particular, insure it. Property owners should not assume from this that the state government will make ex gratia payments if houses and other property are lost through fire or any other natural disaster. One of the reasons we are making this payment is the link that was made between the fire and Western Power infrastructure in the second report of EnergySafety, which the government has accepted. That is why this payment is being made. I urge people to take out proper and full insurance on their properties. Part of the complication of this was that probably two-thirds or three-quarters of people had adequate or close-to-adequate insurance; about one-third did not. I hope most people see this as a fair, if not generous, offer, but the government has received some criticism in that some people have said that it is not enough and it does not cover their full losses; other people say they should have been insured. That has been part of the division of opinion that I can assure members exists in Toodyay and the wider community. I thank the member for the question, and I believe the government has dealt with this fairly, given the complexities of what took place.
(3) Can the Premier please outline whether this now sets a precedent for others who may lose their houses or possessions due to a fire? Mr C.J. BARNETT replied: I thank the member for Geraldton for the question, Mr Speaker, and, of course, the people affected are your constituents. Several members interjected. The SPEAKER : Members! Mr C.J. BARNETT : I do know where Toodyay is! (1)–(3) The issue of the Toodyay fires on 29 December 2009 was a complex situation. Some 138 properties were damaged, and 38 homes were totally destroyed. Fortunately, there was no loss of life or serious injury. I, again, commend the emergency services for their work. As members are aware, there have been two reports from EnergySafety. The first, basically, exonerated Western Power, and the second drew some association between the fire and Western Power infrastructure—something Western Power disputes. Mr E.S. Ripper : It said a pole fell over and caused a fire! Mr C.J. BARNETT : Whether Western Power is negligent and whether it is liable can be determined only by the Supreme Court now. Mr E.S. Ripper : That’s wrong! Mr C.J. BARNETT : However, given all the circumstances and the hardship that people were facing, I believe this is a fair and just result. The state government has contributed $5 million, and Western Power, in good faith, has contributed $5 million to create the $10 million package. The maximum payment anyone can receive for a totally lost house is $150 000. If we take into account contents, tools of trade, sheds and other things, the total ex gratia payment can be a maximum of $190 000. There are a lot of complex issues in terms of Western Power, its insurers and the like, and in answer specifically to the questions the member asked, the announcement made it quite clear that people who receive this money are not in any way precluded from pursuing legal action if they so choose. That will be entirely their choice. Also, in that sense, if they take legal action and win in the court and damages are awarded against Western Power, there is no requirement that they repay this money to the government or to Western Power; however, I cannot presume what the court might decide if it were to award damages and whether it would take this into account in awarding damages. That would be a matter for the court, not for us. But if people receive funds, they will not be required to sign or make any commitment to return that money; it is a totally ex gratia payment. The final question was whether this could be seen as setting a precedent. I would advise people, particularly those living in fire-prone areas—as this area clearly is—to take necessary precautions to protect their property, and, in particular, insure it. Property owners should not assume from this that the state government will make ex gratia payments if houses and other property are lost through fire or any other natural disaster. One of the reasons we are making this payment is the link that was made between the fire and Western Power infrastructure in the second report of EnergySafety, which the government has accepted. That is why this payment is being made. I urge people to take out proper and full insurance on their properties. Part of the complication of this was that probably two-thirds or three-quarters of people had adequate or close-to-adequate insurance; about one-third did not. I hope most people see this as a fair, if not generous, offer, but the government has received some criticism in that some people have said that it is not enough and it does not cover their full losses; other people say they should have been insured. That has been part of the division of opinion that I can assure members exists in Toodyay and the wider community. I thank the member for the question, and I believe the government has dealt with this fairly, given the complexities of what took place.
Mr C.J. BARNETT replied: I thank the member for Geraldton for the question, Mr Speaker, and, of course, the people affected are your constituents. Several members interjected. The SPEAKER : Members! Mr C.J. BARNETT : I do know where Toodyay is! (1)–(3) The issue of the Toodyay fires on 29 December 2009 was a complex situation. Some 138 properties were damaged, and 38 homes were totally destroyed. Fortunately, there was no loss of life or serious injury. I, again, commend the emergency services for their work. As members are aware, there have been two reports from EnergySafety. The first, basically, exonerated Western Power, and the second drew some association between the fire and Western Power infrastructure—something Western Power disputes. Mr E.S. Ripper : It said a pole fell over and caused a fire! Mr C.J. BARNETT : Whether Western Power is negligent and whether it is liable can be determined only by the Supreme Court now. Mr E.S. Ripper : That’s wrong! Mr C.J. BARNETT : However, given all the circumstances and the hardship that people were facing, I believe this is a fair and just result. The state government has contributed $5 million, and Western Power, in good faith, has contributed $5 million to create the $10 million package. The maximum payment anyone can receive for a totally lost house is $150 000. If we take into account contents, tools of trade, sheds and other things, the total ex gratia payment can be a maximum of $190 000. There are a lot of complex issues in terms of Western Power, its insurers and the like, and in answer specifically to the questions the member asked, the announcement made it quite clear that people who receive this money are not in any way precluded from pursuing legal action if they so choose. That will be entirely their choice. Also, in that sense, if they take legal action and win in the court and damages are awarded against Western Power, there is no requirement that they repay this money to the government or to Western Power; however, I cannot presume what the court might decide if it were to award damages and whether it would take this into account in awarding damages. That would be a matter for the court, not for us. But if people receive funds, they will not be required to sign or make any commitment to return that money; it is a totally ex gratia payment. The final question was whether this could be seen as setting a precedent. I would advise people, particularly those living in fire-prone areas—as this area clearly is—to take necessary precautions to protect their property, and, in particular, insure it. Property owners should not assume from this that the state government will make ex gratia payments if houses and other property are lost through fire or any other natural disaster. One of the reasons we are making this payment is the link that was made between the fire and Western Power infrastructure in the second report of EnergySafety, which the government has accepted. That is why this payment is being made. I urge people to take out proper and full insurance on their properties. Part of the complication of this was that probably two-thirds or three-quarters of people had adequate or close-to-adequate insurance; about one-third did not. I hope most people see this as a fair, if not generous, offer, but the government has received some criticism in that some people have said that it is not enough and it does not cover their full losses; other people say they should have been insured. That has been part of the division of opinion that I can assure members exists in Toodyay and the wider community. I thank the member for the question, and I believe the government has dealt with this fairly, given the complexities of what took place.
I thank the member for Geraldton for the question, Mr Speaker, and, of course, the people affected are your constituents. Several members interjected. The SPEAKER : Members! Mr C.J. BARNETT : I do know where Toodyay is! (1)–(3) The issue of the Toodyay fires on 29 December 2009 was a complex situation. Some 138 properties were damaged, and 38 homes were totally destroyed. Fortunately, there was no loss of life or serious injury. I, again, commend the emergency services for their work. As members are aware, there have been two reports from EnergySafety. The first, basically, exonerated Western Power, and the second drew some association between the fire and Western Power infrastructure—something Western Power disputes. Mr E.S. Ripper : It said a pole fell over and caused a fire! Mr C.J. BARNETT : Whether Western Power is negligent and whether it is liable can be determined only by the Supreme Court now. Mr E.S. Ripper : That’s wrong! Mr C.J. BARNETT : However, given all the circumstances and the hardship that people were facing, I believe this is a fair and just result. The state government has contributed $5 million, and Western Power, in good faith, has contributed $5 million to create the $10 million package. The maximum payment anyone can receive for a totally lost house is $150 000. If we take into account contents, tools of trade, sheds and other things, the total ex gratia payment can be a maximum of $190 000. There are a lot of complex issues in terms of Western Power, its insurers and the like, and in answer specifically to the questions the member asked, the announcement made it quite clear that people who receive this money are not in any way precluded from pursuing legal action if they so choose. That will be entirely their choice. Also, in that sense, if they take legal action and win in the court and damages are awarded against Western Power, there is no requirement that they repay this money to the government or to Western Power; however, I cannot presume what the court might decide if it were to award damages and whether it would take this into account in awarding damages. That would be a matter for the court, not for us. But if people receive funds, they will not be required to sign or make any commitment to return that money; it is a totally ex gratia payment. The final question was whether this could be seen as setting a precedent. I would advise people, particularly those living in fire-prone areas—as this area clearly is—to take necessary precautions to protect their property, and, in particular, insure it. Property owners should not assume from this that the state government will make ex gratia payments if houses and other property are lost through fire or any other natural disaster. One of the reasons we are making this payment is the link that was made between the fire and Western Power infrastructure in the second report of EnergySafety, which the government has accepted. That is why this payment is being made. I urge people to take out proper and full insurance on their properties. Part of the complication of this was that probably two-thirds or three-quarters of people had adequate or close-to-adequate insurance; about one-third did not. I hope most people see this as a fair, if not generous, offer, but the government has received some criticism in that some people have said that it is not enough and it does not cover their full losses; other people say they should have been insured. That has been part of the division of opinion that I can assure members exists in Toodyay and the wider community. I thank the member for the question, and I believe the government has dealt with this fairly, given the complexities of what took place.
Several members interjected. The SPEAKER : Members! Mr C.J. BARNETT : I do know where Toodyay is! (1)–(3) The issue of the Toodyay fires on 29 December 2009 was a complex situation. Some 138 properties were damaged, and 38 homes were totally destroyed. Fortunately, there was no loss of life or serious injury. I, again, commend the emergency services for their work. As members are aware, there have been two reports from EnergySafety. The first, basically, exonerated Western Power, and the second drew some association between the fire and Western Power infrastructure—something Western Power disputes. Mr E.S. Ripper : It said a pole fell over and caused a fire! Mr C.J. BARNETT : Whether Western Power is negligent and whether it is liable can be determined only by the Supreme Court now. Mr E.S. Ripper : That’s wrong! Mr C.J. BARNETT : However, given all the circumstances and the hardship that people were facing, I believe this is a fair and just result. The state government has contributed $5 million, and Western Power, in good faith, has contributed $5 million to create the $10 million package. The maximum payment anyone can receive for a totally lost house is $150 000. If we take into account contents, tools of trade, sheds and other things, the total ex gratia payment can be a maximum of $190 000. There are a lot of complex issues in terms of Western Power, its insurers and the like, and in answer specifically to the questions the member asked, the announcement made it quite clear that people who receive this money are not in any way precluded from pursuing legal action if they so choose. That will be entirely their choice. Also, in that sense, if they take legal action and win in the court and damages are awarded against Western Power, there is no requirement that they repay this money to the government or to Western Power; however, I cannot presume what the court might decide if it were to award damages and whether it would take this into account in awarding damages. That would be a matter for the court, not for us. But if people receive funds, they will not be required to sign or make any commitment to return that money; it is a totally ex gratia payment. The final question was whether this could be seen as setting a precedent. I would advise people, particularly those living in fire-prone areas—as this area clearly is—to take necessary precautions to protect their property, and, in particular, insure it. Property owners should not assume from this that the state government will make ex gratia payments if houses and other property are lost through fire or any other natural disaster. One of the reasons we are making this payment is the link that was made between the fire and Western Power infrastructure in the second report of EnergySafety, which the government has accepted. That is why this payment is being made. I urge people to take out proper and full insurance on their properties. Part of the complication of this was that probably two-thirds or three-quarters of people had adequate or close-to-adequate insurance; about one-third did not. I hope most people see this as a fair, if not generous, offer, but the government has received some criticism in that some people have said that it is not enough and it does not cover their full losses; other people say they should have been insured. That has been part of the division of opinion that I can assure members exists in Toodyay and the wider community. I thank the member for the question, and I believe the government has dealt with this fairly, given the complexities of what took place.
The SPEAKER : Members! Mr C.J. BARNETT : I do know where Toodyay is! (1)–(3) The issue of the Toodyay fires on 29 December 2009 was a complex situation. Some 138 properties were damaged, and 38 homes were totally destroyed. Fortunately, there was no loss of life or serious injury. I, again, commend the emergency services for their work. As members are aware, there have been two reports from EnergySafety. The first, basically, exonerated Western Power, and the second drew some association between the fire and Western Power infrastructure—something Western Power disputes. Mr E.S. Ripper : It said a pole fell over and caused a fire! Mr C.J. BARNETT : Whether Western Power is negligent and whether it is liable can be determined only by the Supreme Court now. Mr E.S. Ripper : That’s wrong! Mr C.J. BARNETT : However, given all the circumstances and the hardship that people were facing, I believe this is a fair and just result. The state government has contributed $5 million, and Western Power, in good faith, has contributed $5 million to create the $10 million package. The maximum payment anyone can receive for a totally lost house is $150 000. If we take into account contents, tools of trade, sheds and other things, the total ex gratia payment can be a maximum of $190 000. There are a lot of complex issues in terms of Western Power, its insurers and the like, and in answer specifically to the questions the member asked, the announcement made it quite clear that people who receive this money are not in any way precluded from pursuing legal action if they so choose. That will be entirely their choice. Also, in that sense, if they take legal action and win in the court and damages are awarded against Western Power, there is no requirement that they repay this money to the government or to Western Power; however, I cannot presume what the court might decide if it were to award damages and whether it would take this into account in awarding damages. That would be a matter for the court, not for us. But if people receive funds, they will not be required to sign or make any commitment to return that money; it is a totally ex gratia payment. The final question was whether this could be seen as setting a precedent. I would advise people, particularly those living in fire-prone areas—as this area clearly is—to take necessary precautions to protect their property, and, in particular, insure it. Property owners should not assume from this that the state government will make ex gratia payments if houses and other property are lost through fire or any other natural disaster. One of the reasons we are making this payment is the link that was made between the fire and Western Power infrastructure in the second report of EnergySafety, which the government has accepted. That is why this payment is being made. I urge people to take out proper and full insurance on their properties. Part of the complication of this was that probably two-thirds or three-quarters of people had adequate or close-to-adequate insurance; about one-third did not. I hope most people see this as a fair, if not generous, offer, but the government has received some criticism in that some people have said that it is not enough and it does not cover their full losses; other people say they should have been insured. That has been part of the division of opinion that I can assure members exists in Toodyay and the wider community. I thank the member for the question, and I believe the government has dealt with this fairly, given the complexities of what took place.
Mr C.J. BARNETT : I do know where Toodyay is! (1)–(3) The issue of the Toodyay fires on 29 December 2009 was a complex situation. Some 138 properties were damaged, and 38 homes were totally destroyed. Fortunately, there was no loss of life or serious injury. I, again, commend the emergency services for their work. As members are aware, there have been two reports from EnergySafety. The first, basically, exonerated Western Power, and the second drew some association between the fire and Western Power infrastructure—something Western Power disputes. Mr E.S. Ripper : It said a pole fell over and caused a fire! Mr C.J. BARNETT : Whether Western Power is negligent and whether it is liable can be determined only by the Supreme Court now. Mr E.S. Ripper : That’s wrong! Mr C.J. BARNETT : However, given all the circumstances and the hardship that people were facing, I believe this is a fair and just result. The state government has contributed $5 million, and Western Power, in good faith, has contributed $5 million to create the $10 million package. The maximum payment anyone can receive for a totally lost house is $150 000. If we take into account contents, tools of trade, sheds and other things, the total ex gratia payment can be a maximum of $190 000. There are a lot of complex issues in terms of Western Power, its insurers and the like, and in answer specifically to the questions the member asked, the announcement made it quite clear that people who receive this money are not in any way precluded from pursuing legal action if they so choose. That will be entirely their choice. Also, in that sense, if they take legal action and win in the court and damages are awarded against Western Power, there is no requirement that they repay this money to the government or to Western Power; however, I cannot presume what the court might decide if it were to award damages and whether it would take this into account in awarding damages. That would be a matter for the court, not for us. But if people receive funds, they will not be required to sign or make any commitment to return that money; it is a totally ex gratia payment. The final question was whether this could be seen as setting a precedent. I would advise people, particularly those living in fire-prone areas—as this area clearly is—to take necessary precautions to protect their property, and, in particular, insure it. Property owners should not assume from this that the state government will make ex gratia payments if houses and other property are lost through fire or any other natural disaster. One of the reasons we are making this payment is the link that was made between the fire and Western Power infrastructure in the second report of EnergySafety, which the government has accepted. That is why this payment is being made. I urge people to take out proper and full insurance on their properties. Part of the complication of this was that probably two-thirds or three-quarters of people had adequate or close-to-adequate insurance; about one-third did not. I hope most people see this as a fair, if not generous, offer, but the government has received some criticism in that some people have said that it is not enough and it does not cover their full losses; other people say they should have been insured. That has been part of the division of opinion that I can assure members exists in Toodyay and the wider community. I thank the member for the question, and I believe the government has dealt with this fairly, given the complexities of what took place.
(1)–(3) The issue of the Toodyay fires on 29 December 2009 was a complex situation. Some 138 properties were damaged, and 38 homes were totally destroyed. Fortunately, there was no loss of life or serious injury. I, again, commend the emergency services for their work. As members are aware, there have been two reports from EnergySafety. The first, basically, exonerated Western Power, and the second drew some association between the fire and Western Power infrastructure—something Western Power disputes. Mr E.S. Ripper : It said a pole fell over and caused a fire! Mr C.J. BARNETT : Whether Western Power is negligent and whether it is liable can be determined only by the Supreme Court now. Mr E.S. Ripper : That’s wrong! Mr C.J. BARNETT : However, given all the circumstances and the hardship that people were facing, I believe this is a fair and just result. The state government has contributed $5 million, and Western Power, in good faith, has contributed $5 million to create the $10 million package. The maximum payment anyone can receive for a totally lost house is $150 000. If we take into account contents, tools of trade, sheds and other things, the total ex gratia payment can be a maximum of $190 000. There are a lot of complex issues in terms of Western Power, its insurers and the like, and in answer specifically to the questions the member asked, the announcement made it quite clear that people who receive this money are not in any way precluded from pursuing legal action if they so choose. That will be entirely their choice. Also, in that sense, if they take legal action and win in the court and damages are awarded against Western Power, there is no requirement that they repay this money to the government or to Western Power; however, I cannot presume what the court might decide if it were to award damages and whether it would take this into account in awarding damages. That would be a matter for the court, not for us. But if people receive funds, they will not be required to sign or make any commitment to return that money; it is a totally ex gratia payment. The final question was whether this could be seen as setting a precedent. I would advise people, particularly those living in fire-prone areas—as this area clearly is—to take necessary precautions to protect their property, and, in particular, insure it. Property owners should not assume from this that the state government will make ex gratia payments if houses and other property are lost through fire or any other natural disaster. One of the reasons we are making this payment is the link that was made between the fire and Western Power infrastructure in the second report of EnergySafety, which the government has accepted. That is why this payment is being made. I urge people to take out proper and full insurance on their properties. Part of the complication of this was that probably two-thirds or three-quarters of people had adequate or close-to-adequate insurance; about one-third did not. I hope most people see this as a fair, if not generous, offer, but the government has received some criticism in that some people have said that it is not enough and it does not cover their full losses; other people say they should have been insured. That has been part of the division of opinion that I can assure members exists in Toodyay and the wider community. I thank the member for the question, and I believe the government has dealt with this fairly, given the complexities of what took place.
Mr C.J. BARNETT : Whether Western Power is negligent and whether it is liable can be determined only by the Supreme Court now. Mr E.S. Ripper : That’s wrong! Mr C.J. BARNETT : However, given all the circumstances and the hardship that people were facing, I believe this is a fair and just result. The state government has contributed $5 million, and Western Power, in good faith, has contributed $5 million to create the $10 million package. The maximum payment anyone can receive for a totally lost house is $150 000. If we take into account contents, tools of trade, sheds and other things, the total ex gratia payment can be a maximum of $190 000. There are a lot of complex issues in terms of Western Power, its insurers and the like, and in answer specifically to the questions the member asked, the announcement made it quite clear that people who receive this money are not in any way precluded from pursuing legal action if they so choose. That will be entirely their choice. Also, in that sense, if they take legal action and win in the court and damages are awarded against Western Power, there is no requirement that they repay this money to the government or to Western Power; however, I cannot presume what the court might decide if it were to award damages and whether it would take this into account in awarding damages. That would be a matter for the court, not for us. But if people receive funds, they will not be required to sign or make any commitment to return that money; it is a totally ex gratia payment. The final question was whether this could be seen as setting a precedent. I would advise people, particularly those living in fire-prone areas—as this area clearly is—to take necessary precautions to protect their property, and, in particular, insure it. Property owners should not assume from this that the state government will make ex gratia payments if houses and other property are lost through fire or any other natural disaster. One of the reasons we are making this payment is the link that was made between the fire and Western Power infrastructure in the second report of EnergySafety, which the government has accepted. That is why this payment is being made. I urge people to take out proper and full insurance on their properties. Part of the complication of this was that probably two-thirds or three-quarters of people had adequate or close-to-adequate insurance; about one-third did not. I hope most people see this as a fair, if not generous, offer, but the government has received some criticism in that some people have said that it is not enough and it does not cover their full losses; other people say they should have been insured. That has been part of the division of opinion that I can assure members exists in Toodyay and the wider community. I thank the member for the question, and I believe the government has dealt with this fairly, given the complexities of what took place.
Mr E.S. Ripper : That’s wrong! Mr C.J. BARNETT : However, given all the circumstances and the hardship that people were facing, I believe this is a fair and just result. The state government has contributed $5 million, and Western Power, in good faith, has contributed $5 million to create the $10 million package. The maximum payment anyone can receive for a totally lost house is $150 000. If we take into account contents, tools of trade, sheds and other things, the total ex gratia payment can be a maximum of $190 000. There are a lot of complex issues in terms of Western Power, its insurers and the like, and in answer specifically to the questions the member asked, the announcement made it quite clear that people who receive this money are not in any way precluded from pursuing legal action if they so choose. That will be entirely their choice. Also, in that sense, if they take legal action and win in the court and damages are awarded against Western Power, there is no requirement that they repay this money to the government or to Western Power; however, I cannot presume what the court might decide if it were to award damages and whether it would take this into account in awarding damages. That would be a matter for the court, not for us. But if people receive funds, they will not be required to sign or make any commitment to return that money; it is a totally ex gratia payment. The final question was whether this could be seen as setting a precedent. I would advise people, particularly those living in fire-prone areas—as this area clearly is—to take necessary precautions to protect their property, and, in particular, insure it. Property owners should not assume from this that the state government will make ex gratia payments if houses and other property are lost through fire or any other natural disaster. One of the reasons we are making this payment is the link that was made between the fire and Western Power infrastructure in the second report of EnergySafety, which the government has accepted. That is why this payment is being made. I urge people to take out proper and full insurance on their properties. Part of the complication of this was that probably two-thirds or three-quarters of people had adequate or close-to-adequate insurance; about one-third did not. I hope most people see this as a fair, if not generous, offer, but the government has received some criticism in that some people have said that it is not enough and it does not cover their full losses; other people say they should have been insured. That has been part of the division of opinion that I can assure members exists in Toodyay and the wider community. I thank the member for the question, and I believe the government has dealt with this fairly, given the complexities of what took place.
Mr C.J. BARNETT : However, given all the circumstances and the hardship that people were facing, I believe this is a fair and just result. The state government has contributed $5 million, and Western Power, in good faith, has contributed $5 million to create the $10 million package. The maximum payment anyone can receive for a totally lost house is $150 000. If we take into account contents, tools of trade, sheds and other things, the total ex gratia payment can be a maximum of $190 000. There are a lot of complex issues in terms of Western Power, its insurers and the like, and in answer specifically to the questions the member asked, the announcement made it quite clear that people who receive this money are not in any way precluded from pursuing legal action if they so choose. That will be entirely their choice. Also, in that sense, if they take legal action and win in the court and damages are awarded against Western Power, there is no requirement that they repay this money to the government or to Western Power; however, I cannot presume what the court might decide if it were to award damages and whether it would take this into account in awarding damages. That would be a matter for the court, not for us. But if people receive funds, they will not be required to sign or make any commitment to return that money; it is a totally ex gratia payment. The final question was whether this could be seen as setting a precedent. I would advise people, particularly those living in fire-prone areas—as this area clearly is—to take necessary precautions to protect their property, and, in particular, insure it. Property owners should not assume from this that the state government will make ex gratia payments if houses and other property are lost through fire or any other natural disaster. One of the reasons we are making this payment is the link that was made between the fire and Western Power infrastructure in the second report of EnergySafety, which the government has accepted. That is why this payment is being made. I urge people to take out proper and full insurance on their properties. Part of the complication of this was that probably two-thirds or three-quarters of people had adequate or close-to-adequate insurance; about one-third did not. I hope most people see this as a fair, if not generous, offer, but the government has received some criticism in that some people have said that it is not enough and it does not cover their full losses; other people say they should have been insured. That has been part of the division of opinion that I can assure members exists in Toodyay and the wider community. I thank the member for the question, and I believe the government has dealt with this fairly, given the complexities of what took place.
There are a lot of complex issues in terms of Western Power, its insurers and the like, and in answer specifically to the questions the member asked, the announcement made it quite clear that people who receive this money are not in any way precluded from pursuing legal action if they so choose. That will be entirely their choice. Also, in that sense, if they take legal action and win in the court and damages are awarded against Western Power, there is no requirement that they repay this money to the government or to Western Power; however, I cannot presume what the court might decide if it were to award damages and whether it would take this into account in awarding damages. That would be a matter for the court, not for us. But if people receive funds, they will not be required to sign or make any commitment to return that money; it is a totally ex gratia payment. The final question was whether this could be seen as setting a precedent. I would advise people, particularly those living in fire-prone areas—as this area clearly is—to take necessary precautions to protect their property, and, in particular, insure it. Property owners should not assume from this that the state government will make ex gratia payments if houses and other property are lost through fire or any other natural disaster. One of the reasons we are making this payment is the link that was made between the fire and Western Power infrastructure in the second report of EnergySafety, which the government has accepted. That is why this payment is being made. I urge people to take out proper and full insurance on their properties. Part of the complication of this was that probably two-thirds or three-quarters of people had adequate or close-to-adequate insurance; about one-third did not. I hope most people see this as a fair, if not generous, offer, but the government has received some criticism in that some people have said that it is not enough and it does not cover their full losses; other people say they should have been insured. That has been part of the division of opinion that I can assure members exists in Toodyay and the wider community. I thank the member for the question, and I believe the government has dealt with this fairly, given the complexities of what took place.
The final question was whether this could be seen as setting a precedent. I would advise people, particularly those living in fire-prone areas—as this area clearly is—to take necessary precautions to protect their property, and, in particular, insure it. Property owners should not assume from this that the state government will make ex gratia payments if houses and other property are lost through fire or any other natural disaster. One of the reasons we are making this payment is the link that was made between the fire and Western Power infrastructure in the second report of EnergySafety, which the government has accepted. That is why this payment is being made. I urge people to take out proper and full insurance on their properties. Part of the complication of this was that probably two-thirds or three-quarters of people had adequate or close-to-adequate insurance; about one-third did not. I hope most people see this as a fair, if not generous, offer, but the government has received some criticism in that some people have said that it is not enough and it does not cover their full losses; other people say they should have been insured. That has been part of the division of opinion that I can assure members exists in Toodyay and the wider community. I thank the member for the question, and I believe the government has dealt with this fairly, given the complexities of what took place.
(1) Could the Premier please outline whether, as part of this financial assistance, the payments will exclude affected people from beginning legal proceedings against the government or Western Power? (2) If no to (1), if those legal proceedings are successful, will those who have received the payments have to pay the money back? (3) Can the Premier please outline whether this now sets a precedent for others who may lose their houses or possessions due to a fire? Mr C.J. BARNETT replied: I thank the member for Geraldton for the question, Mr Speaker, and, of course, the people affected are your constituents. Several members interjected. The SPEAKER : Members! Mr C.J. BARNETT : I do know where Toodyay is! (1)–(3) The issue of the Toodyay fires on 29 December 2009 was a complex situation. Some 138 properties were damaged, and 38 homes were totally destroyed. Fortunately, there was no loss of life or serious injury. I, again, commend the emergency services for their work. As members are aware, there have been two reports from EnergySafety. The first, basically, exonerated Western Power, and the second drew some association between the fire and Western Power infrastructure—something Western Power disputes. Mr E.S. Ripper : It said a pole fell over and caused a fire! Mr C.J. BARNETT : Whether Western Power is negligent and whether it is liable can be determined only by the Supreme Court now. Mr E.S. Ripper : That’s wrong! Mr C.J. BARNETT : However, given all the circumstances and the hardship that people were facing, I believe this is a fair and just result. The state government has contributed $5 million, and Western Power, in good faith, has contributed $5 million to create the $10 million package. The maximum payment anyone can receive for a totally lost house is $150 000. If we take into account contents, tools of trade, sheds and other things, the total ex gratia payment can be a maximum of $190 000. There are a lot of complex issues in terms of Western Power, its insurers and the like, and in answer specifically to the questions the member asked, the announcement made it quite clear that people who receive this money are not in any way precluded from pursuing legal action if they so choose. That will be entirely their choice. Also, in that sense, if they take legal action and win in the court and damages are awarded against Western Power, there is no requirement that they repay this money to the government or to Western Power; however, I cannot presume what the court might decide if it were to award damages and whether it would take this into account in awarding damages. That would be a matter for the court, not for us. But if people receive funds, they will not be required to sign or make any commitment to return that money; it is a totally ex gratia payment. The final question was whether this could be seen as setting a precedent. I would advise people, particularly those living in fire-prone areas—as this area clearly is—to take necessary precautions to protect their property, and, in particular, insure it. Property owners should not assume from this that the state government will make ex gratia payments if houses and other property are lost through fire or any other natural disaster. One of the reasons we are making this payment is the link that was made between the fire and Western Power infrastructure in the second report of EnergySafety, which the government has accepted. That is why this payment is being made. I urge people to take out proper and full insurance on their properties. Part of the complication of this was that probably two-thirds or three-quarters of people had adequate or close-to-adequate insurance; about one-third did not. I hope most people see this as a fair, if not generous, offer, but the government has received some criticism in that some people have said that it is not enough and it does not cover their full losses; other people say they should have been insured. That has been part of the division of opinion that I can assure members exists in Toodyay and the wider community. I thank the member for the question, and I believe the government has dealt with this fairly, given the complexities of what took place.
(2) If no to (1), if those legal proceedings are successful, will those who have received the payments have to pay the money back? (3) Can the Premier please outline whether this now sets a precedent for others who may lose their houses or possessions due to a fire? Mr C.J. BARNETT replied: I thank the member for Geraldton for the question, Mr Speaker, and, of course, the people affected are your constituents. Several members interjected. The SPEAKER : Members! Mr C.J. BARNETT : I do know where Toodyay is! (1)–(3) The issue of the Toodyay fires on 29 December 2009 was a complex situation. Some 138 properties were damaged, and 38 homes were totally destroyed. Fortunately, there was no loss of life or serious injury. I, again, commend the emergency services for their work. As members are aware, there have been two reports from EnergySafety. The first, basically, exonerated Western Power, and the second drew some association between the fire and Western Power infrastructure—something Western Power disputes. Mr E.S. Ripper : It said a pole fell over and caused a fire! Mr C.J. BARNETT : Whether Western Power is negligent and whether it is liable can be determined only by the Supreme Court now. Mr E.S. Ripper : That’s wrong! Mr C.J. BARNETT : However, given all the circumstances and the hardship that people were facing, I believe this is a fair and just result. The state government has contributed $5 million, and Western Power, in good faith, has contributed $5 million to create the $10 million package. The maximum payment anyone can receive for a totally lost house is $150 000. If we take into account contents, tools of trade, sheds and other things, the total ex gratia payment can be a maximum of $190 000. There are a lot of complex issues in terms of Western Power, its insurers and the like, and in answer specifically to the questions the member asked, the announcement made it quite clear that people who receive this money are not in any way precluded from pursuing legal action if they so choose. That will be entirely their choice. Also, in that sense, if they take legal action and win in the court and damages are awarded against Western Power, there is no requirement that they repay this money to the government or to Western Power; however, I cannot presume what the court might decide if it were to award damages and whether it would take this into account in awarding damages. That would be a matter for the court, not for us. But if people receive funds, they will not be required to sign or make any commitment to return that money; it is a totally ex gratia payment. The final question was whether this could be seen as setting a precedent. I would advise people, particularly those living in fire-prone areas—as this area clearly is—to take necessary precautions to protect their property, and, in particular, insure it. Property owners should not assume from this that the state government will make ex gratia payments if houses and other property are lost through fire or any other natural disaster. One of the reasons we are making this payment is the link that was made between the fire and Western Power infrastructure in the second report of EnergySafety, which the government has accepted. That is why this payment is being made. I urge people to take out proper and full insurance on their properties. Part of the complication of this was that probably two-thirds or three-quarters of people had adequate or close-to-adequate insurance; about one-third did not. I hope most people see this as a fair, if not generous, offer, but the government has received some criticism in that some people have said that it is not enough and it does not cover their full losses; other people say they should have been insured. That has been part of the division of opinion that I can assure members exists in Toodyay and the wider community. I thank the member for the question, and I believe the government has dealt with this fairly, given the complexities of what took place.
(3) Can the Premier please outline whether this now sets a precedent for others who may lose their houses or possessions due to a fire? Mr C.J. BARNETT replied: I thank the member for Geraldton for the question, Mr Speaker, and, of course, the people affected are your constituents. Several members interjected. The SPEAKER : Members! Mr C.J. BARNETT : I do know where Toodyay is! (1)–(3) The issue of the Toodyay fires on 29 December 2009 was a complex situation. Some 138 properties were damaged, and 38 homes were totally destroyed. Fortunately, there was no loss of life or serious injury. I, again, commend the emergency services for their work. As members are aware, there have been two reports from EnergySafety. The first, basically, exonerated Western Power, and the second drew some association between the fire and Western Power infrastructure—something Western Power disputes. Mr E.S. Ripper : It said a pole fell over and caused a fire! Mr C.J. BARNETT : Whether Western Power is negligent and whether it is liable can be determined only by the Supreme Court now. Mr E.S. Ripper : That’s wrong! Mr C.J. BARNETT : However, given all the circumstances and the hardship that people were facing, I believe this is a fair and just result. The state government has contributed $5 million, and Western Power, in good faith, has contributed $5 million to create the $10 million package. The maximum payment anyone can receive for a totally lost house is $150 000. If we take into account contents, tools of trade, sheds and other things, the total ex gratia payment can be a maximum of $190 000. There are a lot of complex issues in terms of Western Power, its insurers and the like, and in answer specifically to the questions the member asked, the announcement made it quite clear that people who receive this money are not in any way precluded from pursuing legal action if they so choose. That will be entirely their choice. Also, in that sense, if they take legal action and win in the court and damages are awarded against Western Power, there is no requirement that they repay this money to the government or to Western Power; however, I cannot presume what the court might decide if it were to award damages and whether it would take this into account in awarding damages. That would be a matter for the court, not for us. But if people receive funds, they will not be required to sign or make any commitment to return that money; it is a totally ex gratia payment. The final question was whether this could be seen as setting a precedent. I would advise people, particularly those living in fire-prone areas—as this area clearly is—to take necessary precautions to protect their property, and, in particular, insure it. Property owners should not assume from this that the state government will make ex gratia payments if houses and other property are lost through fire or any other natural disaster. One of the reasons we are making this payment is the link that was made between the fire and Western Power infrastructure in the second report of EnergySafety, which the government has accepted. That is why this payment is being made. I urge people to take out proper and full insurance on their properties. Part of the complication of this was that probably two-thirds or three-quarters of people had adequate or close-to-adequate insurance; about one-third did not. I hope most people see this as a fair, if not generous, offer, but the government has received some criticism in that some people have said that it is not enough and it does not cover their full losses; other people say they should have been insured. That has been part of the division of opinion that I can assure members exists in Toodyay and the wider community. I thank the member for the question, and I believe the government has dealt with this fairly, given the complexities of what took place.
Mr C.J. BARNETT replied: I thank the member for Geraldton for the question, Mr Speaker, and, of course, the people affected are your constituents. Several members interjected. The SPEAKER : Members! Mr C.J. BARNETT : I do know where Toodyay is! (1)–(3) The issue of the Toodyay fires on 29 December 2009 was a complex situation. Some 138 properties were damaged, and 38 homes were totally destroyed. Fortunately, there was no loss of life or serious injury. I, again, commend the emergency services for their work. As members are aware, there have been two reports from EnergySafety. The first, basically, exonerated Western Power, and the second drew some association between the fire and Western Power infrastructure—something Western Power disputes. Mr E.S. Ripper : It said a pole fell over and caused a fire! Mr C.J. BARNETT : Whether Western Power is negligent and whether it is liable can be determined only by the Supreme Court now. Mr E.S. Ripper : That’s wrong! Mr C.J. BARNETT : However, given all the circumstances and the hardship that people were facing, I believe this is a fair and just result. The state government has contributed $5 million, and Western Power, in good faith, has contributed $5 million to create the $10 million package. The maximum payment anyone can receive for a totally lost house is $150 000. If we take into account contents, tools of trade, sheds and other things, the total ex gratia payment can be a maximum of $190 000. There are a lot of complex issues in terms of Western Power, its insurers and the like, and in answer specifically to the questions the member asked, the announcement made it quite clear that people who receive this money are not in any way precluded from pursuing legal action if they so choose. That will be entirely their choice. Also, in that sense, if they take legal action and win in the court and damages are awarded against Western Power, there is no requirement that they repay this money to the government or to Western Power; however, I cannot presume what the court might decide if it were to award damages and whether it would take this into account in awarding damages. That would be a matter for the court, not for us. But if people receive funds, they will not be required to sign or make any commitment to return that money; it is a totally ex gratia payment. The final question was whether this could be seen as setting a precedent. I would advise people, particularly those living in fire-prone areas—as this area clearly is—to take necessary precautions to protect their property, and, in particular, insure it. Property owners should not assume from this that the state government will make ex gratia payments if houses and other property are lost through fire or any other natural disaster. One of the reasons we are making this payment is the link that was made between the fire and Western Power infrastructure in the second report of EnergySafety, which the government has accepted. That is why this payment is being made. I urge people to take out proper and full insurance on their properties. Part of the complication of this was that probably two-thirds or three-quarters of people had adequate or close-to-adequate insurance; about one-third did not. I hope most people see this as a fair, if not generous, offer, but the government has received some criticism in that some people have said that it is not enough and it does not cover their full losses; other people say they should have been insured. That has been part of the division of opinion that I can assure members exists in Toodyay and the wider community. I thank the member for the question, and I believe the government has dealt with this fairly, given the complexities of what took place.
I thank the member for Geraldton for the question, Mr Speaker, and, of course, the people affected are your constituents. Several members interjected. The SPEAKER : Members! Mr C.J. BARNETT : I do know where Toodyay is! (1)–(3) The issue of the Toodyay fires on 29 December 2009 was a complex situation. Some 138 properties were damaged, and 38 homes were totally destroyed. Fortunately, there was no loss of life or serious injury. I, again, commend the emergency services for their work. As members are aware, there have been two reports from EnergySafety. The first, basically, exonerated Western Power, and the second drew some association between the fire and Western Power infrastructure—something Western Power disputes. Mr E.S. Ripper : It said a pole fell over and caused a fire! Mr C.J. BARNETT : Whether Western Power is negligent and whether it is liable can be determined only by the Supreme Court now. Mr E.S. Ripper : That’s wrong! Mr C.J. BARNETT : However, given all the circumstances and the hardship that people were facing, I believe this is a fair and just result. The state government has contributed $5 million, and Western Power, in good faith, has contributed $5 million to create the $10 million package. The maximum payment anyone can receive for a totally lost house is $150 000. If we take into account contents, tools of trade, sheds and other things, the total ex gratia payment can be a maximum of $190 000. There are a lot of complex issues in terms of Western Power, its insurers and the like, and in answer specifically to the questions the member asked, the announcement made it quite clear that people who receive this money are not in any way precluded from pursuing legal action if they so choose. That will be entirely their choice. Also, in that sense, if they take legal action and win in the court and damages are awarded against Western Power, there is no requirement that they repay this money to the government or to Western Power; however, I cannot presume what the court might decide if it were to award damages and whether it would take this into account in awarding damages. That would be a matter for the court, not for us. But if people receive funds, they will not be required to sign or make any commitment to return that money; it is a totally ex gratia payment. The final question was whether this could be seen as setting a precedent. I would advise people, particularly those living in fire-prone areas—as this area clearly is—to take necessary precautions to protect their property, and, in particular, insure it. Property owners should not assume from this that the state government will make ex gratia payments if houses and other property are lost through fire or any other natural disaster. One of the reasons we are making this payment is the link that was made between the fire and Western Power infrastructure in the second report of EnergySafety, which the government has accepted. That is why this payment is being made. I urge people to take out proper and full insurance on their properties. Part of the complication of this was that probably two-thirds or three-quarters of people had adequate or close-to-adequate insurance; about one-third did not. I hope most people see this as a fair, if not generous, offer, but the government has received some criticism in that some people have said that it is not enough and it does not cover their full losses; other people say they should have been insured. That has been part of the division of opinion that I can assure members exists in Toodyay and the wider community. I thank the member for the question, and I believe the government has dealt with this fairly, given the complexities of what took place.
Several members interjected. The SPEAKER : Members! Mr C.J. BARNETT : I do know where Toodyay is! (1)–(3) The issue of the Toodyay fires on 29 December 2009 was a complex situation. Some 138 properties were damaged, and 38 homes were totally destroyed. Fortunately, there was no loss of life or serious injury. I, again, commend the emergency services for their work. As members are aware, there have been two reports from EnergySafety. The first, basically, exonerated Western Power, and the second drew some association between the fire and Western Power infrastructure—something Western Power disputes. Mr E.S. Ripper : It said a pole fell over and caused a fire! Mr C.J. BARNETT : Whether Western Power is negligent and whether it is liable can be determined only by the Supreme Court now. Mr E.S. Ripper : That’s wrong! Mr C.J. BARNETT : However, given all the circumstances and the hardship that people were facing, I believe this is a fair and just result. The state government has contributed $5 million, and Western Power, in good faith, has contributed $5 million to create the $10 million package. The maximum payment anyone can receive for a totally lost house is $150 000. If we take into account contents, tools of trade, sheds and other things, the total ex gratia payment can be a maximum of $190 000. There are a lot of complex issues in terms of Western Power, its insurers and the like, and in answer specifically to the questions the member asked, the announcement made it quite clear that people who receive this money are not in any way precluded from pursuing legal action if they so choose. That will be entirely their choice. Also, in that sense, if they take legal action and win in the court and damages are awarded against Western Power, there is no requirement that they repay this money to the government or to Western Power; however, I cannot presume what the court might decide if it were to award damages and whether it would take this into account in awarding damages. That would be a matter for the court, not for us. But if people receive funds, they will not be required to sign or make any commitment to return that money; it is a totally ex gratia payment. The final question was whether this could be seen as setting a precedent. I would advise people, particularly those living in fire-prone areas—as this area clearly is—to take necessary precautions to protect their property, and, in particular, insure it. Property owners should not assume from this that the state government will make ex gratia payments if houses and other property are lost through fire or any other natural disaster. One of the reasons we are making this payment is the link that was made between the fire and Western Power infrastructure in the second report of EnergySafety, which the government has accepted. That is why this payment is being made. I urge people to take out proper and full insurance on their properties. Part of the complication of this was that probably two-thirds or three-quarters of people had adequate or close-to-adequate insurance; about one-third did not. I hope most people see this as a fair, if not generous, offer, but the government has received some criticism in that some people have said that it is not enough and it does not cover their full losses; other people say they should have been insured. That has been part of the division of opinion that I can assure members exists in Toodyay and the wider community. I thank the member for the question, and I believe the government has dealt with this fairly, given the complexities of what took place.
The SPEAKER : Members! Mr C.J. BARNETT : I do know where Toodyay is! (1)–(3) The issue of the Toodyay fires on 29 December 2009 was a complex situation. Some 138 properties were damaged, and 38 homes were totally destroyed. Fortunately, there was no loss of life or serious injury. I, again, commend the emergency services for their work. As members are aware, there have been two reports from EnergySafety. The first, basically, exonerated Western Power, and the second drew some association between the fire and Western Power infrastructure—something Western Power disputes. Mr E.S. Ripper : It said a pole fell over and caused a fire! Mr C.J. BARNETT : Whether Western Power is negligent and whether it is liable can be determined only by the Supreme Court now. Mr E.S. Ripper : That’s wrong! Mr C.J. BARNETT : However, given all the circumstances and the hardship that people were facing, I believe this is a fair and just result. The state government has contributed $5 million, and Western Power, in good faith, has contributed $5 million to create the $10 million package. The maximum payment anyone can receive for a totally lost house is $150 000. If we take into account contents, tools of trade, sheds and other things, the total ex gratia payment can be a maximum of $190 000. There are a lot of complex issues in terms of Western Power, its insurers and the like, and in answer specifically to the questions the member asked, the announcement made it quite clear that people who receive this money are not in any way precluded from pursuing legal action if they so choose. That will be entirely their choice. Also, in that sense, if they take legal action and win in the court and damages are awarded against Western Power, there is no requirement that they repay this money to the government or to Western Power; however, I cannot presume what the court might decide if it were to award damages and whether it would take this into account in awarding damages. That would be a matter for the court, not for us. But if people receive funds, they will not be required to sign or make any commitment to return that money; it is a totally ex gratia payment. The final question was whether this could be seen as setting a precedent. I would advise people, particularly those living in fire-prone areas—as this area clearly is—to take necessary precautions to protect their property, and, in particular, insure it. Property owners should not assume from this that the state government will make ex gratia payments if houses and other property are lost through fire or any other natural disaster. One of the reasons we are making this payment is the link that was made between the fire and Western Power infrastructure in the second report of EnergySafety, which the government has accepted. That is why this payment is being made. I urge people to take out proper and full insurance on their properties. Part of the complication of this was that probably two-thirds or three-quarters of people had adequate or close-to-adequate insurance; about one-third did not. I hope most people see this as a fair, if not generous, offer, but the government has received some criticism in that some people have said that it is not enough and it does not cover their full losses; other people say they should have been insured. That has been part of the division of opinion that I can assure members exists in Toodyay and the wider community. I thank the member for the question, and I believe the government has dealt with this fairly, given the complexities of what took place.
Mr C.J. BARNETT : I do know where Toodyay is! (1)–(3) The issue of the Toodyay fires on 29 December 2009 was a complex situation. Some 138 properties were damaged, and 38 homes were totally destroyed. Fortunately, there was no loss of life or serious injury. I, again, commend the emergency services for their work. As members are aware, there have been two reports from EnergySafety. The first, basically, exonerated Western Power, and the second drew some association between the fire and Western Power infrastructure—something Western Power disputes. Mr E.S. Ripper : It said a pole fell over and caused a fire! Mr C.J. BARNETT : Whether Western Power is negligent and whether it is liable can be determined only by the Supreme Court now. Mr E.S. Ripper : That’s wrong! Mr C.J. BARNETT : However, given all the circumstances and the hardship that people were facing, I believe this is a fair and just result. The state government has contributed $5 million, and Western Power, in good faith, has contributed $5 million to create the $10 million package. The maximum payment anyone can receive for a totally lost house is $150 000. If we take into account contents, tools of trade, sheds and other things, the total ex gratia payment can be a maximum of $190 000. There are a lot of complex issues in terms of Western Power, its insurers and the like, and in answer specifically to the questions the member asked, the announcement made it quite clear that people who receive this money are not in any way precluded from pursuing legal action if they so choose. That will be entirely their choice. Also, in that sense, if they take legal action and win in the court and damages are awarded against Western Power, there is no requirement that they repay this money to the government or to Western Power; however, I cannot presume what the court might decide if it were to award damages and whether it would take this into account in awarding damages. That would be a matter for the court, not for us. But if people receive funds, they will not be required to sign or make any commitment to return that money; it is a totally ex gratia payment. The final question was whether this could be seen as setting a precedent. I would advise people, particularly those living in fire-prone areas—as this area clearly is—to take necessary precautions to protect their property, and, in particular, insure it. Property owners should not assume from this that the state government will make ex gratia payments if houses and other property are lost through fire or any other natural disaster. One of the reasons we are making this payment is the link that was made between the fire and Western Power infrastructure in the second report of EnergySafety, which the government has accepted. That is why this payment is being made. I urge people to take out proper and full insurance on their properties. Part of the complication of this was that probably two-thirds or three-quarters of people had adequate or close-to-adequate insurance; about one-third did not. I hope most people see this as a fair, if not generous, offer, but the government has received some criticism in that some people have said that it is not enough and it does not cover their full losses; other people say they should have been insured. That has been part of the division of opinion that I can assure members exists in Toodyay and the wider community. I thank the member for the question, and I believe the government has dealt with this fairly, given the complexities of what took place.
(1)–(3) The issue of the Toodyay fires on 29 December 2009 was a complex situation. Some 138 properties were damaged, and 38 homes were totally destroyed. Fortunately, there was no loss of life or serious injury. I, again, commend the emergency services for their work. As members are aware, there have been two reports from EnergySafety. The first, basically, exonerated Western Power, and the second drew some association between the fire and Western Power infrastructure—something Western Power disputes. Mr E.S. Ripper : It said a pole fell over and caused a fire! Mr C.J. BARNETT : Whether Western Power is negligent and whether it is liable can be determined only by the Supreme Court now. Mr E.S. Ripper : That’s wrong! Mr C.J. BARNETT : However, given all the circumstances and the hardship that people were facing, I believe this is a fair and just result. The state government has contributed $5 million, and Western Power, in good faith, has contributed $5 million to create the $10 million package. The maximum payment anyone can receive for a totally lost house is $150 000. If we take into account contents, tools of trade, sheds and other things, the total ex gratia payment can be a maximum of $190 000. There are a lot of complex issues in terms of Western Power, its insurers and the like, and in answer specifically to the questions the member asked, the announcement made it quite clear that people who receive this money are not in any way precluded from pursuing legal action if they so choose. That will be entirely their choice. Also, in that sense, if they take legal action and win in the court and damages are awarded against Western Power, there is no requirement that they repay this money to the government or to Western Power; however, I cannot presume what the court might decide if it were to award damages and whether it would take this into account in awarding damages. That would be a matter for the court, not for us. But if people receive funds, they will not be required to sign or make any commitment to return that money; it is a totally ex gratia payment. The final question was whether this could be seen as setting a precedent. I would advise people, particularly those living in fire-prone areas—as this area clearly is—to take necessary precautions to protect their property, and, in particular, insure it. Property owners should not assume from this that the state government will make ex gratia payments if houses and other property are lost through fire or any other natural disaster. One of the reasons we are making this payment is the link that was made between the fire and Western Power infrastructure in the second report of EnergySafety, which the government has accepted. That is why this payment is being made. I urge people to take out proper and full insurance on their properties. Part of the complication of this was that probably two-thirds or three-quarters of people had adequate or close-to-adequate insurance; about one-third did not. I hope most people see this as a fair, if not generous, offer, but the government has received some criticism in that some people have said that it is not enough and it does not cover their full losses; other people say they should have been insured. That has been part of the division of opinion that I can assure members exists in Toodyay and the wider community. I thank the member for the question, and I believe the government has dealt with this fairly, given the complexities of what took place.
Mr C.J. BARNETT : Whether Western Power is negligent and whether it is liable can be determined only by the Supreme Court now. Mr E.S. Ripper : That’s wrong! Mr C.J. BARNETT : However, given all the circumstances and the hardship that people were facing, I believe this is a fair and just result. The state government has contributed $5 million, and Western Power, in good faith, has contributed $5 million to create the $10 million package. The maximum payment anyone can receive for a totally lost house is $150 000. If we take into account contents, tools of trade, sheds and other things, the total ex gratia payment can be a maximum of $190 000. There are a lot of complex issues in terms of Western Power, its insurers and the like, and in answer specifically to the questions the member asked, the announcement made it quite clear that people who receive this money are not in any way precluded from pursuing legal action if they so choose. That will be entirely their choice. Also, in that sense, if they take legal action and win in the court and damages are awarded against Western Power, there is no requirement that they repay this money to the government or to Western Power; however, I cannot presume what the court might decide if it were to award damages and whether it would take this into account in awarding damages. That would be a matter for the court, not for us. But if people receive funds, they will not be required to sign or make any commitment to return that money; it is a totally ex gratia payment. The final question was whether this could be seen as setting a precedent. I would advise people, particularly those living in fire-prone areas—as this area clearly is—to take necessary precautions to protect their property, and, in particular, insure it. Property owners should not assume from this that the state government will make ex gratia payments if houses and other property are lost through fire or any other natural disaster. One of the reasons we are making this payment is the link that was made between the fire and Western Power infrastructure in the second report of EnergySafety, which the government has accepted. That is why this payment is being made. I urge people to take out proper and full insurance on their properties. Part of the complication of this was that probably two-thirds or three-quarters of people had adequate or close-to-adequate insurance; about one-third did not. I hope most people see this as a fair, if not generous, offer, but the government has received some criticism in that some people have said that it is not enough and it does not cover their full losses; other people say they should have been insured. That has been part of the division of opinion that I can assure members exists in Toodyay and the wider community. I thank the member for the question, and I believe the government has dealt with this fairly, given the complexities of what took place.
Mr E.S. Ripper : That’s wrong! Mr C.J. BARNETT : However, given all the circumstances and the hardship that people were facing, I believe this is a fair and just result. The state government has contributed $5 million, and Western Power, in good faith, has contributed $5 million to create the $10 million package. The maximum payment anyone can receive for a totally lost house is $150 000. If we take into account contents, tools of trade, sheds and other things, the total ex gratia payment can be a maximum of $190 000. There are a lot of complex issues in terms of Western Power, its insurers and the like, and in answer specifically to the questions the member asked, the announcement made it quite clear that people who receive this money are not in any way precluded from pursuing legal action if they so choose. That will be entirely their choice. Also, in that sense, if they take legal action and win in the court and damages are awarded against Western Power, there is no requirement that they repay this money to the government or to Western Power; however, I cannot presume what the court might decide if it were to award damages and whether it would take this into account in awarding damages. That would be a matter for the court, not for us. But if people receive funds, they will not be required to sign or make any commitment to return that money; it is a totally ex gratia payment. The final question was whether this could be seen as setting a precedent. I would advise people, particularly those living in fire-prone areas—as this area clearly is—to take necessary precautions to protect their property, and, in particular, insure it. Property owners should not assume from this that the state government will make ex gratia payments if houses and other property are lost through fire or any other natural disaster. One of the reasons we are making this payment is the link that was made between the fire and Western Power infrastructure in the second report of EnergySafety, which the government has accepted. That is why this payment is being made. I urge people to take out proper and full insurance on their properties. Part of the complication of this was that probably two-thirds or three-quarters of people had adequate or close-to-adequate insurance; about one-third did not. I hope most people see this as a fair, if not generous, offer, but the government has received some criticism in that some people have said that it is not enough and it does not cover their full losses; other people say they should have been insured. That has been part of the division of opinion that I can assure members exists in Toodyay and the wider community. I thank the member for the question, and I believe the government has dealt with this fairly, given the complexities of what took place.
Mr C.J. BARNETT : However, given all the circumstances and the hardship that people were facing, I believe this is a fair and just result. The state government has contributed $5 million, and Western Power, in good faith, has contributed $5 million to create the $10 million package. The maximum payment anyone can receive for a totally lost house is $150 000. If we take into account contents, tools of trade, sheds and other things, the total ex gratia payment can be a maximum of $190 000. There are a lot of complex issues in terms of Western Power, its insurers and the like, and in answer specifically to the questions the member asked, the announcement made it quite clear that people who receive this money are not in any way precluded from pursuing legal action if they so choose. That will be entirely their choice. Also, in that sense, if they take legal action and win in the court and damages are awarded against Western Power, there is no requirement that they repay this money to the government or to Western Power; however, I cannot presume what the court might decide if it were to award damages and whether it would take this into account in awarding damages. That would be a matter for the court, not for us. But if people receive funds, they will not be required to sign or make any commitment to return that money; it is a totally ex gratia payment. The final question was whether this could be seen as setting a precedent. I would advise people, particularly those living in fire-prone areas—as this area clearly is—to take necessary precautions to protect their property, and, in particular, insure it. Property owners should not assume from this that the state government will make ex gratia payments if houses and other property are lost through fire or any other natural disaster. One of the reasons we are making this payment is the link that was made between the fire and Western Power infrastructure in the second report of EnergySafety, which the government has accepted. That is why this payment is being made. I urge people to take out proper and full insurance on their properties. Part of the complication of this was that probably two-thirds or three-quarters of people had adequate or close-to-adequate insurance; about one-third did not. I hope most people see this as a fair, if not generous, offer, but the government has received some criticism in that some people have said that it is not enough and it does not cover their full losses; other people say they should have been insured. That has been part of the division of opinion that I can assure members exists in Toodyay and the wider community. I thank the member for the question, and I believe the government has dealt with this fairly, given the complexities of what took place.
There are a lot of complex issues in terms of Western Power, its insurers and the like, and in answer specifically to the questions the member asked, the announcement made it quite clear that people who receive this money are not in any way precluded from pursuing legal action if they so choose. That will be entirely their choice. Also, in that sense, if they take legal action and win in the court and damages are awarded against Western Power, there is no requirement that they repay this money to the government or to Western Power; however, I cannot presume what the court might decide if it were to award damages and whether it would take this into account in awarding damages. That would be a matter for the court, not for us. But if people receive funds, they will not be required to sign or make any commitment to return that money; it is a totally ex gratia payment. The final question was whether this could be seen as setting a precedent. I would advise people, particularly those living in fire-prone areas—as this area clearly is—to take necessary precautions to protect their property, and, in particular, insure it. Property owners should not assume from this that the state government will make ex gratia payments if houses and other property are lost through fire or any other natural disaster. One of the reasons we are making this payment is the link that was made between the fire and Western Power infrastructure in the second report of EnergySafety, which the government has accepted. That is why this payment is being made. I urge people to take out proper and full insurance on their properties. Part of the complication of this was that probably two-thirds or three-quarters of people had adequate or close-to-adequate insurance; about one-third did not. I hope most people see this as a fair, if not generous, offer, but the government has received some criticism in that some people have said that it is not enough and it does not cover their full losses; other people say they should have been insured. That has been part of the division of opinion that I can assure members exists in Toodyay and the wider community. I thank the member for the question, and I believe the government has dealt with this fairly, given the complexities of what took place.
The final question was whether this could be seen as setting a precedent. I would advise people, particularly those living in fire-prone areas—as this area clearly is—to take necessary precautions to protect their property, and, in particular, insure it. Property owners should not assume from this that the state government will make ex gratia payments if houses and other property are lost through fire or any other natural disaster. One of the reasons we are making this payment is the link that was made between the fire and Western Power infrastructure in the second report of EnergySafety, which the government has accepted. That is why this payment is being made. I urge people to take out proper and full insurance on their properties. Part of the complication of this was that probably two-thirds or three-quarters of people had adequate or close-to-adequate insurance; about one-third did not. I hope most people see this as a fair, if not generous, offer, but the government has received some criticism in that some people have said that it is not enough and it does not cover their full losses; other people say they should have been insured. That has been part of the division of opinion that I can assure members exists in Toodyay and the wider community. I thank the member for the question, and I believe the government has dealt with this fairly, given the complexities of what took place.
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Amendment Chains
Track how schemes and regulations evolve over time.