❓ Hon Nick Goiran questions the Minister for Child Protection regarding a family violence restraining order application deemed frivolous and vexatious by a magistrate, seeking details on decision-making, costs, and preventative training. The Minister acknowledges the case and provides limited information.
AnsweredQoN 355Legislative Council
QuestionView source ↗
CHILD PROTECTION —
VIOLENCE RESTRAINING ORDER APPLICATIONS
355. Hon NICK GOIRAN to the Leader of the House representing
the Minister for Child Protection:
I refer to the extraordinary case
of Albrecht v Ryder. On 24 March 2020, Magistrate Hogan published the reasons
for his decision to order the department to pay $27 280 in legal costs to the
respondent.
(1) Is the
minister aware that the magistrate found that one of the department's
applications for a family violence restraining order was both frivolous and
vexatious?
(2) Whose decision was it to make
the frivolous and vexatious application?
(3) What is the
total amount the department has incurred as a result of its decision to be
represented by independent counsel Mr S.B. Watters in this case?
(4) Further to (3), what other
costs were incurred by the department in its unsuccessful applications?
(5) What training
is being, or has been, provided to those involved in making the frivolous and
vexatious application to avoid a recurrence?
VIOLENCE RESTRAINING ORDER APPLICATIONS
355. Hon NICK GOIRAN to the Leader of the House representing
the Minister for Child Protection:
I refer to the extraordinary case
of Albrecht v Ryder. On 24 March 2020, Magistrate Hogan published the reasons
for his decision to order the department to pay $27 280 in legal costs to the
respondent.
(1) Is the
minister aware that the magistrate found that one of the department's
applications for a family violence restraining order was both frivolous and
vexatious?
(2) Whose decision was it to make
the frivolous and vexatious application?
(3) What is the
total amount the department has incurred as a result of its decision to be
represented by independent counsel Mr S.B. Watters in this case?
(4) Further to (3), what other
costs were incurred by the department in its unsuccessful applications?
(5) What training
is being, or has been, provided to those involved in making the frivolous and
vexatious application to avoid a recurrence?
AnswerView source ↗
I thank the honourable member for
some notice of the question.
(1) Yes.
(2) The
Department of Communities pursued the application based on the best interests
of the children the subject of the application.
(3) An amount of $16 325.
(4) No other
unsuccessful family violence order applications have been made by Communities
on behalf of children in the last year.
(5) Communities
is committed to continuous improvement and this matter will be considered as
part of that process. Communities stands firm in its obligation to protect
children from violence in all its forms and will continue to bring applications
for violence restraining orders in circumstances it deems appropriate to
protect children.
some notice of the question.
(1) Yes.
(2) The
Department of Communities pursued the application based on the best interests
of the children the subject of the application.
(3) An amount of $16 325.
(4) No other
unsuccessful family violence order applications have been made by Communities
on behalf of children in the last year.
(5) Communities
is committed to continuous improvement and this matter will be considered as
part of that process. Communities stands firm in its obligation to protect
children from violence in all its forms and will continue to bring applications
for violence restraining orders in circumstances it deems appropriate to
protect children.
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