❓ Opposition questions the Premier about financial assistance for Toodyay bushfire victims, the cost of potential litigation, and Western Power's liability. The Premier defends the government's actions and refuses to direct Western Power to accept liability.
AnsweredQoN 585Legislative Assembly
QuestionView source ↗
TOODYAY BUSHFIRE — FINANCIAL ASSISTANCE
My question is also on the fight of Toodyay’s fire victims for compensation. I quote a statement that I think the Premier has just, essentially, repeated, namely: whether Western Power was responsible, and whether Western Power has a liability or was negligent is something that can be determined only through the Supreme Court. (1) What estimates has his government received for the costs to taxpayers and for Toodyay residents for these cases to go through the court system; and, if he has received those estimates, will he table them? (2) Why can he not direct Western Power to accept the findings of EnergySafety, accept liability and settle the legal cases? (3) In his recent arrangements, why did he fail to have Western Power’s insurers contribute to the compensation? Mr C.J. BARNETT
My question is also on the fight of Toodyay’s fire victims for compensation. I quote a statement that I think the Premier has just, essentially, repeated, namely: whether Western Power was responsible, and whether Western Power has a liability or was negligent is something that can be determined only through the Supreme Court. (1) What estimates has his government received for the costs to taxpayers and for Toodyay residents for these cases to go through the court system; and, if he has received those estimates, will he table them? (2) Why can he not direct Western Power to accept the findings of EnergySafety, accept liability and settle the legal cases? (3) In his recent arrangements, why did he fail to have Western Power’s insurers contribute to the compensation? Mr C.J. BARNETT
AnswerView source ↗
(1)–(3) I was not quite sure what the Leader of the Opposition meant with the first question. Is it the cost of litigation? Mr E.S. Ripper : If there is litigation, Western Power will have to pay costs and the Toodyay residents will have to pay costs. What is it going to cost? Mr C.J. BARNETT : I do not have a view on that. Mr M. McGowan interjected. Mr C.J. BARNETT : I do not have any advice. I imagine that if people were to take legal action they would probably be looking at half a million dollars in legal fees. There will be members in this chamber probably better able to make a guess at that. The SPEAKER : Members! Mr M. McGowan : Ask the Attorney General. Mr C.J. BARNETT : I do not know. I will be very clear on this: the government is neither urging nor discouraging people from taking legal action. That is their choice and their choice alone. Mr E.S. Ripper : It is going to cost Western Power and the government as well, isn’t it? Mr C.J. BARNETT : We very deliberately took — Mr E.S. Ripper : Millions and millions and millions. Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
(1) What estimates has his government received for the costs to taxpayers and for Toodyay residents for these cases to go through the court system; and, if he has received those estimates, will he table them? (2) Why can he not direct Western Power to accept the findings of EnergySafety, accept liability and settle the legal cases? (3) In his recent arrangements, why did he fail to have Western Power’s insurers contribute to the compensation? Mr C.J. BARNETT replied: (1)–(3) I was not quite sure what the Leader of the Opposition meant with the first question. Is it the cost of litigation? Mr E.S. Ripper : If there is litigation, Western Power will have to pay costs and the Toodyay residents will have to pay costs. What is it going to cost? Mr C.J. BARNETT : I do not have a view on that. Mr M. McGowan interjected. Mr C.J. BARNETT : I do not have any advice. I imagine that if people were to take legal action they would probably be looking at half a million dollars in legal fees. There will be members in this chamber probably better able to make a guess at that. The SPEAKER : Members! Mr M. McGowan : Ask the Attorney General. Mr C.J. BARNETT : I do not know. I will be very clear on this: the government is neither urging nor discouraging people from taking legal action. That is their choice and their choice alone. Mr E.S. Ripper : It is going to cost Western Power and the government as well, isn’t it? Mr C.J. BARNETT : We very deliberately took — Mr E.S. Ripper : Millions and millions and millions. Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
(2) Why can he not direct Western Power to accept the findings of EnergySafety, accept liability and settle the legal cases? (3) In his recent arrangements, why did he fail to have Western Power’s insurers contribute to the compensation? Mr C.J. BARNETT replied: (1)–(3) I was not quite sure what the Leader of the Opposition meant with the first question. Is it the cost of litigation? Mr E.S. Ripper : If there is litigation, Western Power will have to pay costs and the Toodyay residents will have to pay costs. What is it going to cost? Mr C.J. BARNETT : I do not have a view on that. Mr M. McGowan interjected. Mr C.J. BARNETT : I do not have any advice. I imagine that if people were to take legal action they would probably be looking at half a million dollars in legal fees. There will be members in this chamber probably better able to make a guess at that. The SPEAKER : Members! Mr M. McGowan : Ask the Attorney General. Mr C.J. BARNETT : I do not know. I will be very clear on this: the government is neither urging nor discouraging people from taking legal action. That is their choice and their choice alone. Mr E.S. Ripper : It is going to cost Western Power and the government as well, isn’t it? Mr C.J. BARNETT : We very deliberately took — Mr E.S. Ripper : Millions and millions and millions. Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
(3) In his recent arrangements, why did he fail to have Western Power’s insurers contribute to the compensation? Mr C.J. BARNETT replied: (1)–(3) I was not quite sure what the Leader of the Opposition meant with the first question. Is it the cost of litigation? Mr E.S. Ripper : If there is litigation, Western Power will have to pay costs and the Toodyay residents will have to pay costs. What is it going to cost? Mr C.J. BARNETT : I do not have a view on that. Mr M. McGowan interjected. Mr C.J. BARNETT : I do not have any advice. I imagine that if people were to take legal action they would probably be looking at half a million dollars in legal fees. There will be members in this chamber probably better able to make a guess at that. The SPEAKER : Members! Mr M. McGowan : Ask the Attorney General. Mr C.J. BARNETT : I do not know. I will be very clear on this: the government is neither urging nor discouraging people from taking legal action. That is their choice and their choice alone. Mr E.S. Ripper : It is going to cost Western Power and the government as well, isn’t it? Mr C.J. BARNETT : We very deliberately took — Mr E.S. Ripper : Millions and millions and millions. Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr C.J. BARNETT replied: (1)–(3) I was not quite sure what the Leader of the Opposition meant with the first question. Is it the cost of litigation? Mr E.S. Ripper : If there is litigation, Western Power will have to pay costs and the Toodyay residents will have to pay costs. What is it going to cost? Mr C.J. BARNETT : I do not have a view on that. Mr M. McGowan interjected. Mr C.J. BARNETT : I do not have any advice. I imagine that if people were to take legal action they would probably be looking at half a million dollars in legal fees. There will be members in this chamber probably better able to make a guess at that. The SPEAKER : Members! Mr M. McGowan : Ask the Attorney General. Mr C.J. BARNETT : I do not know. I will be very clear on this: the government is neither urging nor discouraging people from taking legal action. That is their choice and their choice alone. Mr E.S. Ripper : It is going to cost Western Power and the government as well, isn’t it? Mr C.J. BARNETT : We very deliberately took — Mr E.S. Ripper : Millions and millions and millions. Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
(1)–(3) I was not quite sure what the Leader of the Opposition meant with the first question. Is it the cost of litigation? Mr E.S. Ripper : If there is litigation, Western Power will have to pay costs and the Toodyay residents will have to pay costs. What is it going to cost? Mr C.J. BARNETT : I do not have a view on that. Mr M. McGowan interjected. Mr C.J. BARNETT : I do not have any advice. I imagine that if people were to take legal action they would probably be looking at half a million dollars in legal fees. There will be members in this chamber probably better able to make a guess at that. The SPEAKER : Members! Mr M. McGowan : Ask the Attorney General. Mr C.J. BARNETT : I do not know. I will be very clear on this: the government is neither urging nor discouraging people from taking legal action. That is their choice and their choice alone. Mr E.S. Ripper : It is going to cost Western Power and the government as well, isn’t it? Mr C.J. BARNETT : We very deliberately took — Mr E.S. Ripper : Millions and millions and millions. Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr E.S. Ripper : If there is litigation, Western Power will have to pay costs and the Toodyay residents will have to pay costs. What is it going to cost? Mr C.J. BARNETT : I do not have a view on that. Mr M. McGowan interjected. Mr C.J. BARNETT : I do not have any advice. I imagine that if people were to take legal action they would probably be looking at half a million dollars in legal fees. There will be members in this chamber probably better able to make a guess at that. The SPEAKER : Members! Mr M. McGowan : Ask the Attorney General. Mr C.J. BARNETT : I do not know. I will be very clear on this: the government is neither urging nor discouraging people from taking legal action. That is their choice and their choice alone. Mr E.S. Ripper : It is going to cost Western Power and the government as well, isn’t it? Mr C.J. BARNETT : We very deliberately took — Mr E.S. Ripper : Millions and millions and millions. Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr C.J. BARNETT : I do not have a view on that. Mr M. McGowan interjected. Mr C.J. BARNETT : I do not have any advice. I imagine that if people were to take legal action they would probably be looking at half a million dollars in legal fees. There will be members in this chamber probably better able to make a guess at that. The SPEAKER : Members! Mr M. McGowan : Ask the Attorney General. Mr C.J. BARNETT : I do not know. I will be very clear on this: the government is neither urging nor discouraging people from taking legal action. That is their choice and their choice alone. Mr E.S. Ripper : It is going to cost Western Power and the government as well, isn’t it? Mr C.J. BARNETT : We very deliberately took — Mr E.S. Ripper : Millions and millions and millions. Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr M. McGowan interjected. Mr C.J. BARNETT : I do not have any advice. I imagine that if people were to take legal action they would probably be looking at half a million dollars in legal fees. There will be members in this chamber probably better able to make a guess at that. The SPEAKER : Members! Mr M. McGowan : Ask the Attorney General. Mr C.J. BARNETT : I do not know. I will be very clear on this: the government is neither urging nor discouraging people from taking legal action. That is their choice and their choice alone. Mr E.S. Ripper : It is going to cost Western Power and the government as well, isn’t it? Mr C.J. BARNETT : We very deliberately took — Mr E.S. Ripper : Millions and millions and millions. Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr C.J. BARNETT : I do not have any advice. I imagine that if people were to take legal action they would probably be looking at half a million dollars in legal fees. There will be members in this chamber probably better able to make a guess at that. The SPEAKER : Members! Mr M. McGowan : Ask the Attorney General. Mr C.J. BARNETT : I do not know. I will be very clear on this: the government is neither urging nor discouraging people from taking legal action. That is their choice and their choice alone. Mr E.S. Ripper : It is going to cost Western Power and the government as well, isn’t it? Mr C.J. BARNETT : We very deliberately took — Mr E.S. Ripper : Millions and millions and millions. Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
The SPEAKER : Members! Mr M. McGowan : Ask the Attorney General. Mr C.J. BARNETT : I do not know. I will be very clear on this: the government is neither urging nor discouraging people from taking legal action. That is their choice and their choice alone. Mr E.S. Ripper : It is going to cost Western Power and the government as well, isn’t it? Mr C.J. BARNETT : We very deliberately took — Mr E.S. Ripper : Millions and millions and millions. Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr M. McGowan : Ask the Attorney General. Mr C.J. BARNETT : I do not know. I will be very clear on this: the government is neither urging nor discouraging people from taking legal action. That is their choice and their choice alone. Mr E.S. Ripper : It is going to cost Western Power and the government as well, isn’t it? Mr C.J. BARNETT : We very deliberately took — Mr E.S. Ripper : Millions and millions and millions. Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr C.J. BARNETT : I do not know. I will be very clear on this: the government is neither urging nor discouraging people from taking legal action. That is their choice and their choice alone. Mr E.S. Ripper : It is going to cost Western Power and the government as well, isn’t it? Mr C.J. BARNETT : We very deliberately took — Mr E.S. Ripper : Millions and millions and millions. Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr E.S. Ripper : It is going to cost Western Power and the government as well, isn’t it? Mr C.J. BARNETT : We very deliberately took — Mr E.S. Ripper : Millions and millions and millions. Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr C.J. BARNETT : We very deliberately took — Mr E.S. Ripper : Millions and millions and millions. Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr E.S. Ripper : Millions and millions and millions. Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
(1) What estimates has his government received for the costs to taxpayers and for Toodyay residents for these cases to go through the court system; and, if he has received those estimates, will he table them? (2) Why can he not direct Western Power to accept the findings of EnergySafety, accept liability and settle the legal cases? (3) In his recent arrangements, why did he fail to have Western Power’s insurers contribute to the compensation? Mr C.J. BARNETT replied: (1)–(3) I was not quite sure what the Leader of the Opposition meant with the first question. Is it the cost of litigation? Mr E.S. Ripper : If there is litigation, Western Power will have to pay costs and the Toodyay residents will have to pay costs. What is it going to cost? Mr C.J. BARNETT : I do not have a view on that. Mr M. McGowan interjected. Mr C.J. BARNETT : I do not have any advice. I imagine that if people were to take legal action they would probably be looking at half a million dollars in legal fees. There will be members in this chamber probably better able to make a guess at that. The SPEAKER : Members! Mr M. McGowan : Ask the Attorney General. Mr C.J. BARNETT : I do not know. I will be very clear on this: the government is neither urging nor discouraging people from taking legal action. That is their choice and their choice alone. Mr E.S. Ripper : It is going to cost Western Power and the government as well, isn’t it? Mr C.J. BARNETT : We very deliberately took — Mr E.S. Ripper : Millions and millions and millions. Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
(2) Why can he not direct Western Power to accept the findings of EnergySafety, accept liability and settle the legal cases? (3) In his recent arrangements, why did he fail to have Western Power’s insurers contribute to the compensation? Mr C.J. BARNETT replied: (1)–(3) I was not quite sure what the Leader of the Opposition meant with the first question. Is it the cost of litigation? Mr E.S. Ripper : If there is litigation, Western Power will have to pay costs and the Toodyay residents will have to pay costs. What is it going to cost? Mr C.J. BARNETT : I do not have a view on that. Mr M. McGowan interjected. Mr C.J. BARNETT : I do not have any advice. I imagine that if people were to take legal action they would probably be looking at half a million dollars in legal fees. There will be members in this chamber probably better able to make a guess at that. The SPEAKER : Members! Mr M. McGowan : Ask the Attorney General. Mr C.J. BARNETT : I do not know. I will be very clear on this: the government is neither urging nor discouraging people from taking legal action. That is their choice and their choice alone. Mr E.S. Ripper : It is going to cost Western Power and the government as well, isn’t it? Mr C.J. BARNETT : We very deliberately took — Mr E.S. Ripper : Millions and millions and millions. Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
(3) In his recent arrangements, why did he fail to have Western Power’s insurers contribute to the compensation? Mr C.J. BARNETT replied: (1)–(3) I was not quite sure what the Leader of the Opposition meant with the first question. Is it the cost of litigation? Mr E.S. Ripper : If there is litigation, Western Power will have to pay costs and the Toodyay residents will have to pay costs. What is it going to cost? Mr C.J. BARNETT : I do not have a view on that. Mr M. McGowan interjected. Mr C.J. BARNETT : I do not have any advice. I imagine that if people were to take legal action they would probably be looking at half a million dollars in legal fees. There will be members in this chamber probably better able to make a guess at that. The SPEAKER : Members! Mr M. McGowan : Ask the Attorney General. Mr C.J. BARNETT : I do not know. I will be very clear on this: the government is neither urging nor discouraging people from taking legal action. That is their choice and their choice alone. Mr E.S. Ripper : It is going to cost Western Power and the government as well, isn’t it? Mr C.J. BARNETT : We very deliberately took — Mr E.S. Ripper : Millions and millions and millions. Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr C.J. BARNETT replied: (1)–(3) I was not quite sure what the Leader of the Opposition meant with the first question. Is it the cost of litigation? Mr E.S. Ripper : If there is litigation, Western Power will have to pay costs and the Toodyay residents will have to pay costs. What is it going to cost? Mr C.J. BARNETT : I do not have a view on that. Mr M. McGowan interjected. Mr C.J. BARNETT : I do not have any advice. I imagine that if people were to take legal action they would probably be looking at half a million dollars in legal fees. There will be members in this chamber probably better able to make a guess at that. The SPEAKER : Members! Mr M. McGowan : Ask the Attorney General. Mr C.J. BARNETT : I do not know. I will be very clear on this: the government is neither urging nor discouraging people from taking legal action. That is their choice and their choice alone. Mr E.S. Ripper : It is going to cost Western Power and the government as well, isn’t it? Mr C.J. BARNETT : We very deliberately took — Mr E.S. Ripper : Millions and millions and millions. Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
(1)–(3) I was not quite sure what the Leader of the Opposition meant with the first question. Is it the cost of litigation? Mr E.S. Ripper : If there is litigation, Western Power will have to pay costs and the Toodyay residents will have to pay costs. What is it going to cost? Mr C.J. BARNETT : I do not have a view on that. Mr M. McGowan interjected. Mr C.J. BARNETT : I do not have any advice. I imagine that if people were to take legal action they would probably be looking at half a million dollars in legal fees. There will be members in this chamber probably better able to make a guess at that. The SPEAKER : Members! Mr M. McGowan : Ask the Attorney General. Mr C.J. BARNETT : I do not know. I will be very clear on this: the government is neither urging nor discouraging people from taking legal action. That is their choice and their choice alone. Mr E.S. Ripper : It is going to cost Western Power and the government as well, isn’t it? Mr C.J. BARNETT : We very deliberately took — Mr E.S. Ripper : Millions and millions and millions. Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr E.S. Ripper : If there is litigation, Western Power will have to pay costs and the Toodyay residents will have to pay costs. What is it going to cost? Mr C.J. BARNETT : I do not have a view on that. Mr M. McGowan interjected. Mr C.J. BARNETT : I do not have any advice. I imagine that if people were to take legal action they would probably be looking at half a million dollars in legal fees. There will be members in this chamber probably better able to make a guess at that. The SPEAKER : Members! Mr M. McGowan : Ask the Attorney General. Mr C.J. BARNETT : I do not know. I will be very clear on this: the government is neither urging nor discouraging people from taking legal action. That is their choice and their choice alone. Mr E.S. Ripper : It is going to cost Western Power and the government as well, isn’t it? Mr C.J. BARNETT : We very deliberately took — Mr E.S. Ripper : Millions and millions and millions. Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr C.J. BARNETT : I do not have a view on that. Mr M. McGowan interjected. Mr C.J. BARNETT : I do not have any advice. I imagine that if people were to take legal action they would probably be looking at half a million dollars in legal fees. There will be members in this chamber probably better able to make a guess at that. The SPEAKER : Members! Mr M. McGowan : Ask the Attorney General. Mr C.J. BARNETT : I do not know. I will be very clear on this: the government is neither urging nor discouraging people from taking legal action. That is their choice and their choice alone. Mr E.S. Ripper : It is going to cost Western Power and the government as well, isn’t it? Mr C.J. BARNETT : We very deliberately took — Mr E.S. Ripper : Millions and millions and millions. Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr M. McGowan interjected. Mr C.J. BARNETT : I do not have any advice. I imagine that if people were to take legal action they would probably be looking at half a million dollars in legal fees. There will be members in this chamber probably better able to make a guess at that. The SPEAKER : Members! Mr M. McGowan : Ask the Attorney General. Mr C.J. BARNETT : I do not know. I will be very clear on this: the government is neither urging nor discouraging people from taking legal action. That is their choice and their choice alone. Mr E.S. Ripper : It is going to cost Western Power and the government as well, isn’t it? Mr C.J. BARNETT : We very deliberately took — Mr E.S. Ripper : Millions and millions and millions. Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr C.J. BARNETT : I do not have any advice. I imagine that if people were to take legal action they would probably be looking at half a million dollars in legal fees. There will be members in this chamber probably better able to make a guess at that. The SPEAKER : Members! Mr M. McGowan : Ask the Attorney General. Mr C.J. BARNETT : I do not know. I will be very clear on this: the government is neither urging nor discouraging people from taking legal action. That is their choice and their choice alone. Mr E.S. Ripper : It is going to cost Western Power and the government as well, isn’t it? Mr C.J. BARNETT : We very deliberately took — Mr E.S. Ripper : Millions and millions and millions. Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
The SPEAKER : Members! Mr M. McGowan : Ask the Attorney General. Mr C.J. BARNETT : I do not know. I will be very clear on this: the government is neither urging nor discouraging people from taking legal action. That is their choice and their choice alone. Mr E.S. Ripper : It is going to cost Western Power and the government as well, isn’t it? Mr C.J. BARNETT : We very deliberately took — Mr E.S. Ripper : Millions and millions and millions. Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr M. McGowan : Ask the Attorney General. Mr C.J. BARNETT : I do not know. I will be very clear on this: the government is neither urging nor discouraging people from taking legal action. That is their choice and their choice alone. Mr E.S. Ripper : It is going to cost Western Power and the government as well, isn’t it? Mr C.J. BARNETT : We very deliberately took — Mr E.S. Ripper : Millions and millions and millions. Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr C.J. BARNETT : I do not know. I will be very clear on this: the government is neither urging nor discouraging people from taking legal action. That is their choice and their choice alone. Mr E.S. Ripper : It is going to cost Western Power and the government as well, isn’t it? Mr C.J. BARNETT : We very deliberately took — Mr E.S. Ripper : Millions and millions and millions. Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr E.S. Ripper : It is going to cost Western Power and the government as well, isn’t it? Mr C.J. BARNETT : We very deliberately took — Mr E.S. Ripper : Millions and millions and millions. Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr C.J. BARNETT : We very deliberately took — Mr E.S. Ripper : Millions and millions and millions. Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr E.S. Ripper : Millions and millions and millions. Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr C.J. BARNETT : We very clearly took the decision — An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
An opposition member interjected. Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr C.J. BARNETT : This is a serious issue for the people of Toodyay. Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr E.S. Ripper : We’ll listen. Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr C.J. BARNETT : So, listen. The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
The SPEAKER : Thank you, members! Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr R.H. Cook : Treat it seriously. Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr C.J. BARNETT : I am trying to treat it seriously. I do not know what the cost of litigation would be. I imagine that if the claimants were to pursue it, the cost would probably be at least half a million dollars, if not more, and probably a comparable amount for Western Power and/or its insurers to defend that action. That is their choice. The government will neither urge nor discourage them from taking action. If they do take action, we will do all we can to try to see that court action proceed as quickly as possible, as will Western Power. Indeed, there is a point of view among insurers and Western Power that if legal action is taken, that would not be such a bad thing. In fact, it would be probably a good thing because it will probably create a precedent in other circumstances for bushfires elsewhere in Australia and perhaps internationally. Indeed, some want to see a test case. That is not something the government is going to promote. Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr M. McGowan : Want to see a test case? Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr C.J. BARNETT : Yes, because that is what it will be. Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr M. McGowan : An international precedent; we are going to have a test case? The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
The SPEAKER : Member for Rockingham! Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr E.S. Ripper : You lose your house and then you become a test case! Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr C.J. BARNETT : I am trying to be serious. I think this government was compassionate with the action that took place and fair to people who were either uninsured or underinsured and fair to the taxpayer. Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr M.J. Cowper interjected. Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
Mr C.J. BARNETT : That is exactly right, member for Murray–Wellington. People here can receive a maximum payment of $190 000. With all the tragedy that went with the Victorian bushfires, the maximum payment was $85 000. In comparison, I think this is a very fair outcome. The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
The cost of litigation will depend, obviously, on the case and its proceedings. If litigation is taken, the government will do what it can to make sure that litigation proceeds as quickly as possible. As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
As to whether the government can direct Western Power, yes of course the government can direct Western Power, but we are not going to do that. We have not done that and we will not do that. If the government were to direct Western Power to assume liability for this, that would immediately mean that Western Power would be liable for all damages and claims and the insurance companies would have no liability at all. It would void Western Power’s insurance contracts. That would not be in the interests of taxpayers nor of the government. We are not about to do that. If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
If a court case is taken, what will be the outcome? I do not know. Obviously, that will be determined by the court. Western Power is very confident of its ground. It is very confident that it has not been negligent and it is not liable for this fire. Ultimately, that can be determined only if people choose to take action through the courts. Part of the complication has been conflicting reports, not only by EnergySafety but also by eye witnesses—diametrically opposed reports by eye witnesses. That will be the chance people will take if they choose to go to court. I expect many people will probably make use of this government’s ex gratia no-conditions payment, and act accordingly.
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