❓ Ms. Quirk questions the Premier regarding Western Power's settlement offers to Toodyay fire victims, asking if this contradicts previous statements and if the government is restricting disclosure of settlement terms. The Premier explains the government's initial assistance and clarifies that court-ordered mediation led to the settlement discussions.
AnsweredQoN 387Legislative Assembly
QuestionView source ↗
TOODYAY BUSHFIRE —
COMPENSATION
387. Ms M.M. QUIRK to the Premier:
I refer to several statements made
in this house by the Premier that legal action for compensation by Toodyay
residents who lost their homes in the Toodyay fire must run its full course in
the courts. On 14 April the Premier said that any questions of negligence and
liability can be resolved only through the court process. Given recent
revelations that Western Power has made a settlement offer to a number of those
who have initiated legal proceedings —
(1) What has occurred to change the
Premier's consistently and firmly held position?
(2) Is it
government policy that residents accepting the offer will be prohibited from
disclosing its terms publicly; and, if so, why?
(3) Is this an
acknowledgement that Western Power was responsible for the Toodyay fire?
COMPENSATION
387. Ms M.M. QUIRK to the Premier:
I refer to several statements made
in this house by the Premier that legal action for compensation by Toodyay
residents who lost their homes in the Toodyay fire must run its full course in
the courts. On 14 April the Premier said that any questions of negligence and
liability can be resolved only through the court process. Given recent
revelations that Western Power has made a settlement offer to a number of those
who have initiated legal proceedings —
(1) What has occurred to change the
Premier's consistently and firmly held position?
(2) Is it
government policy that residents accepting the offer will be prohibited from
disclosing its terms publicly; and, if so, why?
(3) Is this an
acknowledgement that Western Power was responsible for the Toodyay fire?
AnswerView source ↗
(1)–(3)
The report by the EnergySafety body found against Western Power; however, it
was probably not conclusive. The state government, however, accepted that
finding and we provided around $5 million in assistance to people who were
victims of the Toodyay fire. That equated to a maximum payment of $190 000 for
someone who had lost their place of residence, and there were other amounts for
damage to sheds, property and the like. We made it very clear that that did not
preclude the residents of Toodyay from pursuing further legal measures if they
wished to do so; it was an ex gratia payment and there was no restriction. Some
people took further court action, seeking damages from Western Power; I think
they may well have been commercial entities rather than residential, and that
is understandable. I am no lawyer, but my understanding is that, as those court
proceedings got underway, as part of the normal practice of the court, Western
Power was required to enter into mediation. It was therefore an instruction of
the court to do that. That is the court process, so mediation took place.
Whether or not there is some settlement, we will wait and see. However, that
was civil action that people took that they were entitled to take. There was no
restriction on government to do that and the court required mediation as part
of that process. It is a standard process; that is the court process.
The report by the EnergySafety body found against Western Power; however, it
was probably not conclusive. The state government, however, accepted that
finding and we provided around $5 million in assistance to people who were
victims of the Toodyay fire. That equated to a maximum payment of $190 000 for
someone who had lost their place of residence, and there were other amounts for
damage to sheds, property and the like. We made it very clear that that did not
preclude the residents of Toodyay from pursuing further legal measures if they
wished to do so; it was an ex gratia payment and there was no restriction. Some
people took further court action, seeking damages from Western Power; I think
they may well have been commercial entities rather than residential, and that
is understandable. I am no lawyer, but my understanding is that, as those court
proceedings got underway, as part of the normal practice of the court, Western
Power was required to enter into mediation. It was therefore an instruction of
the court to do that. That is the court process, so mediation took place.
Whether or not there is some settlement, we will wait and see. However, that
was civil action that people took that they were entitled to take. There was no
restriction on government to do that and the court required mediation as part
of that process. It is a standard process; that is the court process.
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