Thursday, 2 May 2019

Prisoner compensation payments

In reply to Ms MAXWELL (Northern Victoria) (21 March 2019)

Ms SYMES (Northern Victoria—Minister for Regional Development, Minister for Agriculture, Minister for Resources):

The Andrews Labor Government is committed to putting victims first, reducing crime and improving safety for all Victorians.

We have invested over $35 million in additional support for victims and changed laws to give them a greater voice in our justice system. We have also committed to fundamentally reform the way we provide financial assistance for victims of crime.

In 2008, the then Labor Government amended the Corrections Act 1986 to establish the Prisoners Compensation Quarantine Fund to hold certain damages awarded to prisoners in trust. This provides an opportunity for victims and others to make claims for compensation against those funds.

It is not appropriate to comment on individual compensation matters and the amounts paid.

The Andrews Labor Government is committed to ensuring that our justice system empowers, respects, and supports victims of crime.

Victims are notified of payments into the Prisoners Compensation Quarantine Fund in accordance with the Corrections Act. Following a payment, the Secretary of the Department of Justice and Community Safety publishes a notice advising of the award of damages in the Victorian Government Gazette, the Herald Sun and The Australian newspapers, and on the Victorian Government’s Victims of Crime website. The Victims Register also directly notifies any of the prisoner’s victims who are registered.

It is not appropriate to comment on individual compensation matters and the amounts paid.

FURTHER RESPONSE TO SUBSTANTIVE QUESTION

The Andrews Labor Government is committed to putting victims first, reducing crime and improving safety for all Victorians.

We have invested over $35 million in additional support for victims and changed laws to give them a greater voice in our justice system. We have also committed to fundamentally reform the way we provide financial assistance for victims of crime.

In 2008, the then Labor Government amended the Corrections Act 1986 to establish the Prisoners Compensation Quarantine Fund to hold certain damages awarded to prisoners in trust. This provides an opportunity for victims and others to make claims for compensation against those funds.

Before an award is paid into the Fund, payments to statutory creditors like Medicare, the Australian Tax Office and lawyers are deducted. If the amount left is more than $10,000, it is paid into the Fund.

From 1 July 2014 to 30 June 2018, a total of eight compensation awards had been paid into the Prisoner Compensation Quarantine Fund (PCQF).

Any victim, in relation to a criminal act by a relevant prisoner, may apply to the Secretary of the Department of Justice and Community Safety for information about the amount of the award paid into the Fund.

For privacy reasons, it would not be appropriate to provide information about individual compensation claims and the amounts paid to individual prisoners.

FURTHER RESPONSE TO SUPPLEMENTARY QUESTION

Victims are notified of payments into the Prisoners Compensation Quarantine Fund in accordance with the Corrections Act. Following a payment, the Secretary of the Department of Justice and Community Safety publishes a notice advising of the award of damages in the Victorian Government Gazette, the Herald Sun and The Australian newspapers, and on the Victorian Government’s Victims of Crime website. The Victims Register also directly notifies any of the prisoner’s victims who are registered.

The notification process enables victims to decide whether to commence legal proceedings to claim damages against the prisoner, and/or other creditors to seek to enforce an existing award, judgment debt or entitlement. Not all victims of the prisoner decide to commence legal proceedings.

If a victim commences legal proceedings, the payment is quarantined until the end of the proceeding. At the end of the quarantine period, the Secretary must pay to any victim or creditor any award, judgment debt or entitlement against the prisoner from the Fund with the remaining balance paid to the prisoner.

For privacy reasons, it would not be appropriate to provide information about individual claims by victims or the amounts paid to those victims.

Noting that Ms Maxwell has raised concerns with my prior response to her question, the Minister for Victim Support is able to arrange a verbal briefing to answer any additional questions that she may have on this topic.