Page 3024 - Week 10 - Thursday, 15 August 1991
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ATTORNEY-GENERAL FOR THE AUSTRALIAN CAPITAL
TERRITORY
LEGISLATIVE ASSEMBLY QUESTION
QUESTION WITHOUT NOTICE
21 .JUNE 1991
Criminal Injuries Compensation
MR COLLAERY: My question is to the Attorney, Mr Connolly. I
refer the Attorney to the award made on 15 April of this year by
the Registrar of the Supreme Court of the sum of $40,000 to Mrs
Gwen Winchester under the Criminal Injuries Compensation Act.
The first sum of $20,000 was in respect of serious emotional
damage and mental shock, and the second sum of $20,000 was in
respect of pecuniary loss. I ask the Attorney whether he is aware
that the Commissioner for Commonwealth Employees Compensation
has claimed that the latter sum of $20,000 is to be repaid to the
Commonwealth, it being money paid by the Territory? I ask the
Attorney: In view of the fact that the registrar of the court
accepted that Mrs Winchester had suffered a pecuniary loss of
upwards of $475,000 stemming from her husbands premature
death and had received $120,000 under a death benefit
arrangement under the Commonwealth Employees Rehabilitation
and Compensation Act, will he most forcefully take up the
Commonwealth this inhumane and outrageous attempt to take
money off this woman?
My answer is as follows:
I am aware that Comcare is claiming $20,000 out of the criminal injuries compensation of $40,000 awarded to Mrs Winchester, as being a double benefit received by her for loss of dependency.
I am sympathetic to her case and have taken up the matter with Senator Peter Cook, the Commonwealth Minister for Industrial Relations, urging that it would be proper for the Commonwealth to waive its right of recovery.
I have received a letter from Senator Cook advising me that Comcare has no option other than to recover the amount it seeks. However, he has further advised that having regard to the special circumstances surrounding _ the death of Mrs Winchesters husband, he has written to the Federal Minister for Finance, Mr Ralph Willis MP, supporting an act of grace payment on behalf of Mrs Winchester.
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