Question regarding the Premier's awareness of whether submissions related to the Keelty Report on the Margaret River bushfires were shown to government legal advisors and formed the basis of his assertion of no negligence by DEC. The Premier clarifies his statement and states DEC internal review is yet to start.

AnsweredQoN 50Legislative Assembly
Asked
28 February 2012
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Premier

QuestionView source ↗

MARGARET
RIVER BUSHFIRES — KEELTY REPORT — SUBMISSIONS
50. Ms M.M. QUIRK to the Premier:
I have a supplementary question. Is the Premier aware of whether
those submissions have been shown to the government's legal advisers
and whether they form the basis of the Premier's assertion this morning
that there was no negligence on the part of DEC?

AnswerView source ↗

What I actually said this morning was that negligence would
have to be established in court. I am not a lawyer. That is the point—if
someone takes the state to court seeking damages, they will have to prove
negligence. My understanding is that that may be difficult to prove, but that
is up to people to test if they wish. Sorry; what was the other part of the
question?
Ms M.M. Quirk : You
still have not answered the question whether DEC and FESA have finished their
internal reviews.
Mr C.J. BARNETT :
No, they have not. DEC is in fact yet to start. Someone will be appointed and
that will be conducted according to normal procedure. I am not aware that any
submissions have been provided for any legal advice at all. If people take
legal action, obviously the state will seek legal advice and determine its
position. As I remarked previously, this issue will probably be determined by
insurers, as most major disasters are.

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