❓ Hon Nick Goiran questions the Minister for Child Protection regarding failed violence restraining order applications by the Department of Communities and associated legal costs awarded to the respondent, following a previous similar case. The Minister deflects part of the question to the Minister for Police and defends the department's actions.
AnsweredQoN 789Legislative Council
QuestionView source ↗
CHILD PROTECTION —
VIOLENCE RESTRAINING ORDER APPLICATIONS
789. Hon NICK GOIRAN to the Leader of the House representing
the Minister for Child Protection:
I refer to question without notice 355, in which the minister
acknowledged that in the Albrecht v Ryder case the application by the
Department of Communities for a family violence restraining order was both
frivolous and vexatious, and resulted in the state being ordered to pay $27 280
in legal costs to the respondent.
(1) Is the
minister aware that a further failed prosecution has resulted in further costs
being awarded to the respondent on 10 August 2020?
(2) If no to
(1), why not?
(3) If yes to
(1), what is the amount the state must pay for this latest failed prosecution?
(4) Did the
department ever consider the outcome of the first matter as foreshadowed in
response to question without notice 355?
(5) If yes to
(4), what was the outcome of that review?
VIOLENCE RESTRAINING ORDER APPLICATIONS
789. Hon NICK GOIRAN to the Leader of the House representing
the Minister for Child Protection:
I refer to question without notice 355, in which the minister
acknowledged that in the Albrecht v Ryder case the application by the
Department of Communities for a family violence restraining order was both
frivolous and vexatious, and resulted in the state being ordered to pay $27 280
in legal costs to the respondent.
(1) Is the
minister aware that a further failed prosecution has resulted in further costs
being awarded to the respondent on 10 August 2020?
(2) If no to
(1), why not?
(3) If yes to
(1), what is the amount the state must pay for this latest failed prosecution?
(4) Did the
department ever consider the outcome of the first matter as foreshadowed in
response to question without notice 355?
(5) If yes to
(4), what was the outcome of that review?
AnswerView source ↗
I thank the honourable member for some notice of the
question.
(1)–(3) These parts should be referred to the
Minister for Police.
(4)–(5)
The Department of Communities is committed to continuous improvement and
considers the outcome of unsuccessful applications as part of that process. The
department pursued the original application based on the best interests of the
children who were the subject of the application. 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.
question.
(1)–(3) These parts should be referred to the
Minister for Police.
(4)–(5)
The Department of Communities is committed to continuous improvement and
considers the outcome of unsuccessful applications as part of that process. The
department pursued the original application based on the best interests of the
children who were the subject of the application. 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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