❓ Opposition leader Mark McGowan questions Premier Colin Barnett on why victims of the Margaret River bushfires must sue the government despite the Premier accepting responsibility. The Premier distinguishes between public responsibility and legal negligence.
AnsweredQoN 44Legislative Assembly
QuestionView source ↗
MARGARET RIVER BUSHFIRES —
GOVERNMENT COMPENSATION
44. Mr M. McGOWAN to the Premier:
I have a supplementary question. Why is the Premier making people go to
court to take action in relation to events that he has accepted responsibility
for?
GOVERNMENT COMPENSATION
44. Mr M. McGOWAN to the Premier:
I have a supplementary question. Why is the Premier making people go to
court to take action in relation to events that he has accepted responsibility
for?
AnswerView source ↗
I have accepted
responsibility on behalf of the state government, as does the minister and,
indeed, as does the CEO of the Department of Environment and Conservation, but
there is a difference between responsibility and establishing, at court,
negligence. There is a difference. I am no lawyer, but there is a significant
difference —
Ms M.M. Quirk interjected.
The SPEAKER : Member for Girrawheen!
Mr M. McGowan : So you accept responsibility and apologise?
Mr C.J. BARNETT : I accepted the public responsibility —
Mr M. McGowan : And apologised.
Mr C.J. BARNETT : — and apologised to the people who
have lost their homes —
Mr M. McGowan : For burning down their houses.
Mr E.S. Ripper : For political gain but not the financial
cost.
Mr C.J. BARNETT : And we have provided assistance along the
lines of what was provided concerning the Toodyay fire, which has not been
based on property values.
Mr M. McGowan : So you are making them go to court.
Mr C.J. BARNETT : No; if people choose to go to court, that
is their choice, but my understanding is that they will have to establish
negligence, so people might think about that carefully.
Mr M. McGowan : How do you think your admission of
liability will go in court?
Several members
interjected.
The SPEAKER : Members!
Mr M. McGowan : You are cold hearted.
Mr C.J. BARNETT : We are talking about some very valuable
holiday homes.
responsibility on behalf of the state government, as does the minister and,
indeed, as does the CEO of the Department of Environment and Conservation, but
there is a difference between responsibility and establishing, at court,
negligence. There is a difference. I am no lawyer, but there is a significant
difference —
Ms M.M. Quirk interjected.
The SPEAKER : Member for Girrawheen!
Mr M. McGowan : So you accept responsibility and apologise?
Mr C.J. BARNETT : I accepted the public responsibility —
Mr M. McGowan : And apologised.
Mr C.J. BARNETT : — and apologised to the people who
have lost their homes —
Mr M. McGowan : For burning down their houses.
Mr E.S. Ripper : For political gain but not the financial
cost.
Mr C.J. BARNETT : And we have provided assistance along the
lines of what was provided concerning the Toodyay fire, which has not been
based on property values.
Mr M. McGowan : So you are making them go to court.
Mr C.J. BARNETT : No; if people choose to go to court, that
is their choice, but my understanding is that they will have to establish
negligence, so people might think about that carefully.
Mr M. McGowan : How do you think your admission of
liability will go in court?
Several members
interjected.
The SPEAKER : Members!
Mr M. McGowan : You are cold hearted.
Mr C.J. BARNETT : We are talking about some very valuable
holiday homes.
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