❓ This WA parliamentary question addresses the legal recourse available to children abused in foster care, specifically focusing on the time limits for taking action against the Department and who can initiate proceedings on their behalf.
AnsweredQoN 2514Legislative Council
QuestionView source ↗
I refer to children abused while in foster care, and ask -
(1) What is the process that these children need to take to bring action against the Department?
(2) If they are at an age when they cannot initiate this action themselves, then does unlimited time apply?
(3) If these children do not have unlimited time, then does someone have to initiate proceedings on their behalf from the time the offence occurred?
(4) Who does this?
(1) What is the process that these children need to take to bring action against the Department?
(2) If they are at an age when they cannot initiate this action themselves, then does unlimited time apply?
(3) If these children do not have unlimited time, then does someone have to initiate proceedings on their behalf from the time the offence occurred?
(4) Who does this?
AnswerView source ↗
Answered
13 September 2005
Responded by
Parliamentary Secretary representing the Minister for Community Development
Response time
28 days
(2) No. Under the current law the child, regardless of their age, has 6 years to take action against the Department. They are referred to Legal Aid by the Department after the allegations of abuse are substantiated to enable them to receive advice within that time and take appropriate action. If they are not referred to Legal Aid they may have a claim against the Department for not referring them. (Bennett claim) (3) Yes. The child's solicitor will approach the Public Trustee to act as the child's Next Friend in any case they wish to issue proceedings for the child unless the child has a guardian other than the Director General who can fill that role. (4) The Public Trustee or the child's guardian for non wards.
(3) Yes. The child's solicitor will approach the Public Trustee to act as the child's Next Friend in any case they wish to issue proceedings for the child unless the child has a guardian other than the Director General who can fill that role. (4) The Public Trustee or the child's guardian for non wards.
(4) The Public Trustee or the child's guardian for non wards.
(3) Yes. The child's solicitor will approach the Public Trustee to act as the child's Next Friend in any case they wish to issue proceedings for the child unless the child has a guardian other than the Director General who can fill that role. (4) The Public Trustee or the child's guardian for non wards.
(4) The Public Trustee or the child's guardian for non wards.
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