VICTIMS TO BE ALLOWED TO CLAIM AGAINST PRISONERS
Published Monday, 08 October, 2007 at 02:39 PM
Premier
The Honourable Anna Bligh
Premier Anna Bligh has announced the State Government will introduce new laws which will see prisoners compensation payments for anti-discrimination or personal injury claims frozen so their victims can make claims for the money.
“The government regularly fights frivolous compensation claims from prisoners and we will continue to protect public funds from inmates who believe they should receive compensation for personal injury or anti-discrimination claims,” Ms Bligh said.
“On the rare occasion a prisoner does receive a compensation payment that money will be frozen.
“Victims will be notified of prisoner’s new financial circumstances and will be allowed to make a civil claim against the prisoner.
“We will not allow prisoners to profit from claims against the government while their victims go without compensation from that offender.”
Corrective Services Minister Judy Spence said the changes will also reduce the amount of time a prisoner has to make a personal injury claim once they leave prison.
“I do not want any prisoner in Queensland to suffer any form of discrimination and I believe prisoners have a right to have allegations of discrimination independently investigated,” Ms Spence said.
“However, we have reached the point where frivolous prisoner complaints are being heard by the Anti-Discrimination tribunal and the government is spending tens of thousands of dollars defending allegations that have already been independently investigated and resolved.
“We are not denying the right of prisoners to access this tribunal altogether, but we are going to put an end to these frivolous complaints.”
Ms Spence said recent cases of frivolous prisoner complaints highlighted the need for this legislative change.
“The Anti-discrimination tribunal awarded compensation to a prisoner early this year, after he complained about the provision of tinned Halal meat in prison.
“A trans-sexual prisoner also made complaints about the type of hair product supplied by Corrective Services, and the type of running shoes not meeting their fashion standards.
“This is the kind of practice we intend to stop.”
Attorney General and Minister for Justice Kerry Shine said the laws will also make Queensland the first state in Australia to require prisoners to make full use of existing complaints processes before their case can be considered by the Anti-Discrimination Commission Queensland.
“We believe prisoners are using anti-discrimination as a complaints mechanism for matters which could have been resolved more quickly and efficiently if raised through our comprehensive complaints management system ,” Mr Shine said.
“We want to ensure prisoners make their anti-discrimination complaints through this system, which includes internal Queensland Corrective Services complaints processes and external bodies such as the Ombudsman, before they make a claim to the Anti-Discrimination Commission.
“The government hopes this will resolve many frivolous compensation claims before they reach the Anti-Discrimination Commission Queensland.”
Amendments to the Limitations of Actions Act 1974, the Anti-Discrimination Act 1991 and the Corrective Services Act 2006 may be required to enact the new laws.
Ms Bligh said the changes will provide another avenue for victims to make a claim for compensation from offenders.
“Prisoners need to know that if they do make claims for compensation against the government it is possible that money will go to the victims of their crimes, she said
Ms Bligh said she expected the new legislation to be introduced into State Parliament by early 2008.
8 October, 2007
Media contact: Premiers Office (07) 3224 4500
“The government regularly fights frivolous compensation claims from prisoners and we will continue to protect public funds from inmates who believe they should receive compensation for personal injury or anti-discrimination claims,” Ms Bligh said.
“On the rare occasion a prisoner does receive a compensation payment that money will be frozen.
“Victims will be notified of prisoner’s new financial circumstances and will be allowed to make a civil claim against the prisoner.
“We will not allow prisoners to profit from claims against the government while their victims go without compensation from that offender.”
Corrective Services Minister Judy Spence said the changes will also reduce the amount of time a prisoner has to make a personal injury claim once they leave prison.
“I do not want any prisoner in Queensland to suffer any form of discrimination and I believe prisoners have a right to have allegations of discrimination independently investigated,” Ms Spence said.
“However, we have reached the point where frivolous prisoner complaints are being heard by the Anti-Discrimination tribunal and the government is spending tens of thousands of dollars defending allegations that have already been independently investigated and resolved.
“We are not denying the right of prisoners to access this tribunal altogether, but we are going to put an end to these frivolous complaints.”
Ms Spence said recent cases of frivolous prisoner complaints highlighted the need for this legislative change.
“The Anti-discrimination tribunal awarded compensation to a prisoner early this year, after he complained about the provision of tinned Halal meat in prison.
“A trans-sexual prisoner also made complaints about the type of hair product supplied by Corrective Services, and the type of running shoes not meeting their fashion standards.
“This is the kind of practice we intend to stop.”
Attorney General and Minister for Justice Kerry Shine said the laws will also make Queensland the first state in Australia to require prisoners to make full use of existing complaints processes before their case can be considered by the Anti-Discrimination Commission Queensland.
“We believe prisoners are using anti-discrimination as a complaints mechanism for matters which could have been resolved more quickly and efficiently if raised through our comprehensive complaints management system ,” Mr Shine said.
“We want to ensure prisoners make their anti-discrimination complaints through this system, which includes internal Queensland Corrective Services complaints processes and external bodies such as the Ombudsman, before they make a claim to the Anti-Discrimination Commission.
“The government hopes this will resolve many frivolous compensation claims before they reach the Anti-Discrimination Commission Queensland.”
Amendments to the Limitations of Actions Act 1974, the Anti-Discrimination Act 1991 and the Corrective Services Act 2006 may be required to enact the new laws.
Ms Bligh said the changes will provide another avenue for victims to make a claim for compensation from offenders.
“Prisoners need to know that if they do make claims for compensation against the government it is possible that money will go to the victims of their crimes, she said
Ms Bligh said she expected the new legislation to be introduced into State Parliament by early 2008.
8 October, 2007
Media contact: Premiers Office (07) 3224 4500