ATSIC spurns pay-out help for crime victims
15.11.1997
By: KOCH A Source: QNP
ATSIC has refused a lawyer's application for advance funds to allow them to fight to get compensation for indigenous victims of crime.
Brisbane solicitor Tony Bailey was told by an ATSIC official that no funds were available, but the organisation would ``agitate'' for his cause.
Assistance also was sought to form a committee to oversee claims of people in remote regions who do not have access to normal legal and medical services.
The proposed committee included Health Minister Mike Horan, National Party Senator Bill O'Chee, psychiatrist Ian Curtis, Victims of Crime Association president Ian Davies, Opposition Justice spokesman Matt Foley, a Law Society accountant, legal representatives and an ATSIC councillor.
An aim of the committee was to work with the Royal Flying Doctor Service and the Royal Children's Hospital so medical and psychiatric care could be provided to victims, most of whom are women and children.
On September 8, Mr Bailey sent a detailed submission to the Indigenous Advisory Council, headed by former senator Neville Bonner.
It was passed on to ATSIC through commissioner Col Dillon, but the rejection was swift. It is the policy of indigenous legal services that they do not fund litigation where ``black is against black''.
The result is that indigenous victims, most of whom have suffered at the hands of their partners, parents or other family members, are handicapped in efforts to push for a claim.
Mr Bailey pointed out in his most recent submission that a February submission to ATSIC had apparently ``gone missing''.
He said yesterday that of 250 applications he is handling for victims in remote regions of Queensland, 175 were for indigenous people. The injuries included rape, stabbing, spearing, assault, shooting and attempted murder.
Mr Bailey's September submission said: ``On my understanding of the matter, ATSIC is charged with the responsibility of assisting all disadvantaged indigenous groups and victims of crime are clearly one such group.
``It strains credulity and logic to think that vast sums of money are applied to the legal representation and protection of the rights of accused indigenous people and not a cent is provided for the legal representation of victims.
``No sensible argument can be advanced to support this position.''
Indigenous victims for whom compensation claims have been lodged include:
Jane Roughsey, 30, assaulted by Arthur Isaacs with a cricket bat, resulting in serious internal injuries. Awarded $70,470 in May, 1997, but challenged by Justice Department. Continues to suffer serious psychological problems.
Gloria Casey, 42, stabbed in both arms and chest by Henry Geordie. Suffered permanent loss of use of her right arm. Judge Trafford-Walker found she had suffered years of physical abuse. Awarded $35,000 but now challenged by Justice Department.
Janine Johnny, 24, punched, stabbed in the leg, slashed back and arms. Assailant Clinton Peters sentenced to 30 months' jail. Awarded $22,000 in June 1997, but not yet paid.
Shiralee Koorabubba, 24, knifed by Bruce Karkadoo. Awarded $25,000, but payment challenged by Justice Department.
Rachael Roberts, 16, shot in the stomach when she was seven and left with 8cm scar on stomach. She was awarded $25,000 but that is being challenged.
Etti Harold, 36, scalded when Justin Brown poured two jugs of boiling water over her. She is disfigured and lives on the streets or in women's shelters in Mt Isa. Awarded $72,680, but challenged by the Justice Department because she has a history of assault and stealing.
Lizzie Dodds, 34, lost a kidney when Charlie Salas knocked her down, kicked her and jumped on her back. Action is held up because he is hiding in the Northern Territory.
Stella Roughsey, 26, stabbed in the arms by Janelle Dugong and awarded $51,900. Soon after, attacked with a spear by Ashley Gavander and stabbed in legs and arms. No money paid yet.
