❓ A WA parliamentary question on notice regarding the Attorney General's department challenging a criminal injuries compensation award to a man who claimed to be raped by David Birnie in prison. The Attorney General defends the appeal as a matter of legal correctness and denies significant additional expenditure.
AnsweredQoN 371Legislative Assembly
QuestionView source ↗
CRIMINAL INJURIES COMPENSATION - APPEAL BY DEPARTMENT OF THE ATTORNEY GENERAL
I refer to a move by the Department of the Attorney General to challenge a decision in the court by the criminal injuries compensation board to award $72 000 to a man who claims that he was raped by convicted serial sexual predator David Birnie while he was in prison. (1) Why is the department challenging the criminal injuries compensation board’s decision? (2) How much is the department expected to spend on the case? (3) Is the Attorney General’s department relying on a statement by the now deceased Birnie that he never raped the man as the basis of this challenge? Mr J.A. McGINTY
I refer to a move by the Department of the Attorney General to challenge a decision in the court by the criminal injuries compensation board to award $72 000 to a man who claims that he was raped by convicted serial sexual predator David Birnie while he was in prison. (1) Why is the department challenging the criminal injuries compensation board’s decision? (2) How much is the department expected to spend on the case? (3) Is the Attorney General’s department relying on a statement by the now deceased Birnie that he never raped the man as the basis of this challenge? Mr J.A. McGINTY
AnswerView source ↗
(1) The department has advised me that it has instituted an appeal because it does not believe that the Assessor of Criminal Injuries Compensation got the law right when she granted compensation to a person who claimed to have been sexually assaulted by David Birnie in prison. It is an important question to determine whether the approach adopted by the Assessor of Criminal Injuries Compensation was correct. (2) I understand that the matter will be handled as part of routine business by the State Solicitor’s Office and therefore no additional expenditure will be involved. (3) I do not know whether the department is relying on a statement by Mr Birnie. Had the member given me some advance notice of the question, I might have been able to find out the basis upon which the department is proceeding. I understand that the department is relying on the approach adopted by the assessor, with that being considered incorrect.
(1) Why is the department challenging the criminal injuries compensation board’s decision? (2) How much is the department expected to spend on the case? (3) Is the Attorney General’s department relying on a statement by the now deceased Birnie that he never raped the man as the basis of this challenge? Mr J.A. McGINTY replied: (1) The department has advised me that it has instituted an appeal because it does not believe that the Assessor of Criminal Injuries Compensation got the law right when she granted compensation to a person who claimed to have been sexually assaulted by David Birnie in prison. It is an important question to determine whether the approach adopted by the Assessor of Criminal Injuries Compensation was correct. (2) I understand that the matter will be handled as part of routine business by the State Solicitor’s Office and therefore no additional expenditure will be involved. (3) I do not know whether the department is relying on a statement by Mr Birnie. Had the member given me some advance notice of the question, I might have been able to find out the basis upon which the department is proceeding. I understand that the department is relying on the approach adopted by the assessor, with that being considered incorrect.
(2) How much is the department expected to spend on the case? (3) Is the Attorney General’s department relying on a statement by the now deceased Birnie that he never raped the man as the basis of this challenge? Mr J.A. McGINTY replied: (1) The department has advised me that it has instituted an appeal because it does not believe that the Assessor of Criminal Injuries Compensation got the law right when she granted compensation to a person who claimed to have been sexually assaulted by David Birnie in prison. It is an important question to determine whether the approach adopted by the Assessor of Criminal Injuries Compensation was correct. (2) I understand that the matter will be handled as part of routine business by the State Solicitor’s Office and therefore no additional expenditure will be involved. (3) I do not know whether the department is relying on a statement by Mr Birnie. Had the member given me some advance notice of the question, I might have been able to find out the basis upon which the department is proceeding. I understand that the department is relying on the approach adopted by the assessor, with that being considered incorrect.
(3) Is the Attorney General’s department relying on a statement by the now deceased Birnie that he never raped the man as the basis of this challenge? Mr J.A. McGINTY replied: (1) The department has advised me that it has instituted an appeal because it does not believe that the Assessor of Criminal Injuries Compensation got the law right when she granted compensation to a person who claimed to have been sexually assaulted by David Birnie in prison. It is an important question to determine whether the approach adopted by the Assessor of Criminal Injuries Compensation was correct. (2) I understand that the matter will be handled as part of routine business by the State Solicitor’s Office and therefore no additional expenditure will be involved. (3) I do not know whether the department is relying on a statement by Mr Birnie. Had the member given me some advance notice of the question, I might have been able to find out the basis upon which the department is proceeding. I understand that the department is relying on the approach adopted by the assessor, with that being considered incorrect.
Mr J.A. McGINTY replied: (1) The department has advised me that it has instituted an appeal because it does not believe that the Assessor of Criminal Injuries Compensation got the law right when she granted compensation to a person who claimed to have been sexually assaulted by David Birnie in prison. It is an important question to determine whether the approach adopted by the Assessor of Criminal Injuries Compensation was correct. (2) I understand that the matter will be handled as part of routine business by the State Solicitor’s Office and therefore no additional expenditure will be involved. (3) I do not know whether the department is relying on a statement by Mr Birnie. Had the member given me some advance notice of the question, I might have been able to find out the basis upon which the department is proceeding. I understand that the department is relying on the approach adopted by the assessor, with that being considered incorrect.
(1) The department has advised me that it has instituted an appeal because it does not believe that the Assessor of Criminal Injuries Compensation got the law right when she granted compensation to a person who claimed to have been sexually assaulted by David Birnie in prison. It is an important question to determine whether the approach adopted by the Assessor of Criminal Injuries Compensation was correct. (2) I understand that the matter will be handled as part of routine business by the State Solicitor’s Office and therefore no additional expenditure will be involved. (3) I do not know whether the department is relying on a statement by Mr Birnie. Had the member given me some advance notice of the question, I might have been able to find out the basis upon which the department is proceeding. I understand that the department is relying on the approach adopted by the assessor, with that being considered incorrect.
(2) I understand that the matter will be handled as part of routine business by the State Solicitor’s Office and therefore no additional expenditure will be involved. (3) I do not know whether the department is relying on a statement by Mr Birnie. Had the member given me some advance notice of the question, I might have been able to find out the basis upon which the department is proceeding. I understand that the department is relying on the approach adopted by the assessor, with that being considered incorrect.
(3) I do not know whether the department is relying on a statement by Mr Birnie. Had the member given me some advance notice of the question, I might have been able to find out the basis upon which the department is proceeding. I understand that the department is relying on the approach adopted by the assessor, with that being considered incorrect.
(1) Why is the department challenging the criminal injuries compensation board’s decision? (2) How much is the department expected to spend on the case? (3) Is the Attorney General’s department relying on a statement by the now deceased Birnie that he never raped the man as the basis of this challenge? Mr J.A. McGINTY replied: (1) The department has advised me that it has instituted an appeal because it does not believe that the Assessor of Criminal Injuries Compensation got the law right when she granted compensation to a person who claimed to have been sexually assaulted by David Birnie in prison. It is an important question to determine whether the approach adopted by the Assessor of Criminal Injuries Compensation was correct. (2) I understand that the matter will be handled as part of routine business by the State Solicitor’s Office and therefore no additional expenditure will be involved. (3) I do not know whether the department is relying on a statement by Mr Birnie. Had the member given me some advance notice of the question, I might have been able to find out the basis upon which the department is proceeding. I understand that the department is relying on the approach adopted by the assessor, with that being considered incorrect.
(2) How much is the department expected to spend on the case? (3) Is the Attorney General’s department relying on a statement by the now deceased Birnie that he never raped the man as the basis of this challenge? Mr J.A. McGINTY replied: (1) The department has advised me that it has instituted an appeal because it does not believe that the Assessor of Criminal Injuries Compensation got the law right when she granted compensation to a person who claimed to have been sexually assaulted by David Birnie in prison. It is an important question to determine whether the approach adopted by the Assessor of Criminal Injuries Compensation was correct. (2) I understand that the matter will be handled as part of routine business by the State Solicitor’s Office and therefore no additional expenditure will be involved. (3) I do not know whether the department is relying on a statement by Mr Birnie. Had the member given me some advance notice of the question, I might have been able to find out the basis upon which the department is proceeding. I understand that the department is relying on the approach adopted by the assessor, with that being considered incorrect.
(3) Is the Attorney General’s department relying on a statement by the now deceased Birnie that he never raped the man as the basis of this challenge? Mr J.A. McGINTY replied: (1) The department has advised me that it has instituted an appeal because it does not believe that the Assessor of Criminal Injuries Compensation got the law right when she granted compensation to a person who claimed to have been sexually assaulted by David Birnie in prison. It is an important question to determine whether the approach adopted by the Assessor of Criminal Injuries Compensation was correct. (2) I understand that the matter will be handled as part of routine business by the State Solicitor’s Office and therefore no additional expenditure will be involved. (3) I do not know whether the department is relying on a statement by Mr Birnie. Had the member given me some advance notice of the question, I might have been able to find out the basis upon which the department is proceeding. I understand that the department is relying on the approach adopted by the assessor, with that being considered incorrect.
Mr J.A. McGINTY replied: (1) The department has advised me that it has instituted an appeal because it does not believe that the Assessor of Criminal Injuries Compensation got the law right when she granted compensation to a person who claimed to have been sexually assaulted by David Birnie in prison. It is an important question to determine whether the approach adopted by the Assessor of Criminal Injuries Compensation was correct. (2) I understand that the matter will be handled as part of routine business by the State Solicitor’s Office and therefore no additional expenditure will be involved. (3) I do not know whether the department is relying on a statement by Mr Birnie. Had the member given me some advance notice of the question, I might have been able to find out the basis upon which the department is proceeding. I understand that the department is relying on the approach adopted by the assessor, with that being considered incorrect.
(1) The department has advised me that it has instituted an appeal because it does not believe that the Assessor of Criminal Injuries Compensation got the law right when she granted compensation to a person who claimed to have been sexually assaulted by David Birnie in prison. It is an important question to determine whether the approach adopted by the Assessor of Criminal Injuries Compensation was correct. (2) I understand that the matter will be handled as part of routine business by the State Solicitor’s Office and therefore no additional expenditure will be involved. (3) I do not know whether the department is relying on a statement by Mr Birnie. Had the member given me some advance notice of the question, I might have been able to find out the basis upon which the department is proceeding. I understand that the department is relying on the approach adopted by the assessor, with that being considered incorrect.
(2) I understand that the matter will be handled as part of routine business by the State Solicitor’s Office and therefore no additional expenditure will be involved. (3) I do not know whether the department is relying on a statement by Mr Birnie. Had the member given me some advance notice of the question, I might have been able to find out the basis upon which the department is proceeding. I understand that the department is relying on the approach adopted by the assessor, with that being considered incorrect.
(3) I do not know whether the department is relying on a statement by Mr Birnie. Had the member given me some advance notice of the question, I might have been able to find out the basis upon which the department is proceeding. I understand that the department is relying on the approach adopted by the assessor, with that being considered incorrect.
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