❓ Hon Ben Dawkins asks about the Attorney General's powers to provide compensation to victims of alleged criminal offences who are ineligible under the current Criminal Injuries Compensation Act 2003. The Attorney General clarifies the availability of ex gratia payments in exceptional circumstances.
AnsweredQoN 944Legislative Council
Asked
21 August 2024
Member
Portfolio
parliamentary secretary representing the Attorney General
QuestionView source ↗
CRIMINAL INJURIES
COMPENSATION ACT — EX GRATIA PAYMENTS
944. Hon BEN DAWKINS to the parliamentary secretary
representing the Attorney General:
I refer to the no-longer-current
Criminal Injuries Compensation Act 1985, in which section 15 allowed for the
Attorney General to certify eligibility for compensation when it would be ''unjust
if that person was not so eligible''. I refer to the current Criminal
Injuries Compensation Act 2003, in which the option for that certification is
no longer available.
What, if any, powers are available
to the Attorney General to facilitate compensation for victims of alleged
criminal offences when they are not explicitly eligible under the current
Criminal Injuries Compensation Act, but when it may appear unjust that they are
not eligible?
COMPENSATION ACT — EX GRATIA PAYMENTS
944. Hon BEN DAWKINS to the parliamentary secretary
representing the Attorney General:
I refer to the no-longer-current
Criminal Injuries Compensation Act 1985, in which section 15 allowed for the
Attorney General to certify eligibility for compensation when it would be ''unjust
if that person was not so eligible''. I refer to the current Criminal
Injuries Compensation Act 2003, in which the option for that certification is
no longer available.
What, if any, powers are available
to the Attorney General to facilitate compensation for victims of alleged
criminal offences when they are not explicitly eligible under the current
Criminal Injuries Compensation Act, but when it may appear unjust that they are
not eligible?
AnswerView source ↗
I thank the member for some notice
of the question. On behalf of the Parliamentary Secretary to the Attorney
General, the following answer has been provided by the Attorney General.
An ex gratia payment may be made in
exceptional circumstances. An ex gratia payment is generally a payment made in
respect of a wrongful act by the state, or its agencies or representatives,
whereby the aggrieved person is without
legal recourse. It is made without any legal obligation to do so, or admission
of legal liability, and is typically made when there are exceptional
circumstances that involve a grave miscarriage of justice or that give rise to
a significant public policy issue. An ex gratia payment is authorised by
cabinet under its executive powers.
of the question. On behalf of the Parliamentary Secretary to the Attorney
General, the following answer has been provided by the Attorney General.
An ex gratia payment may be made in
exceptional circumstances. An ex gratia payment is generally a payment made in
respect of a wrongful act by the state, or its agencies or representatives,
whereby the aggrieved person is without
legal recourse. It is made without any legal obligation to do so, or admission
of legal liability, and is typically made when there are exceptional
circumstances that involve a grave miscarriage of justice or that give rise to
a significant public policy issue. An ex gratia payment is authorised by
cabinet under its executive powers.
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