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Legislative Assembly for the ACT: 2008 Week 9 Hansard (21 August) . . Page.. 3559..


(2) Is the amount of compensation offered by the Government determined on the basis of the principles of tort law, for example, to put the person back in the position they would have been in if not for the wrongful conviction; if not, what principle is used to determine the amount of compensation offered by the Government;

(3) What procedures and guidelines currently exist for assessing and paying the appropriate amount of compensation;

(4) What mechanisms for review or appeal exist if a person who has been wrongfully convicted is unsatisfied with the level of compensation offered by the Government;

(5) Is the Government aware of concerns raised by Hoel (http://www.aic.gov.au/publications/tandi2/tandi356t.html) about the ambiguity of this section; if so, does the Government believe that greater detail is needed to be clear on entitlements to compensation; if so, what action has the Government taken in this regard.

Mr Corbell: The answer to the member's question is as follows:

(1) Compensation provided to a person who has been wrongfully convicted is made as an act of grace payment under section 130 of the Financial Management Act 1996, and is determined in accordance with Department of Treasury guidelines on such payments.

(2) On application, the determination of whether there is a case for compensation, and the amount of any compensation, is determined on a case-by-case basis. Payment is authorised by the Treasurer on the advice of a minister.

(3) There are no procedures and guidelines for assessing and paying compensation other than through act of grace payments.

(4) Act of grace payments are not reviewable.

(5) The government is aware of concerns raised by Adrian Hoel in his work, Compensation for wrongful conviction - trends and issues in crime and criminal justice, no.356, Canberra: Australian Institute of Criminology, May 2008. The current mechanism for compensation in the Territory is, however, act of grace payments.

Alexander Maconochie Centre

(Question No 2117)

Dr Foskey asked the Attorney-General, upon notice, on 1 July 2008:

Have the ACT Women and Prisons Group, the Women's Information Resources and Education on Drugs and Dependency and the Canberra Alliance for Harm Minimisation and Advocacy applied, and been accepted, as a community group providing services to the Alexander Maconochie Centre; if so, why was this group not included on the list given as a response to Estimates question taken on notice No 421.

Mr Corbell: The answer to the member's question is as follows:

Yes, the ACT Women and Prisons Group, the Women's Information Resources and Education on Drugs and Dependency and the Canberra Alliance for Harm Minimisation


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