An Australian State government won't face its own unjust bungle

A woman who lost her job after her husband was wrongly accused of child sex abuse says she will continue to fight for justice despite waiting nearly a decade for the Beattie Government to act on recommendations she be compensated. The former family day care carer and mother of three has spent $117,000 on legal costs and faces losing her family home. But she wants to be compensated for the loss of her carer's registration and for the pain and suffering caused to her and her husband. The woman said she wanted to know why the Government would not implement the Ombudsman's compensation recommendations. "Justice will prevail. It must," she said.

The Courier-Mail first wrote about the woman's plight in 1998, when it reported the former Families Department had illegally shredded child abuse investigation documents, after her husband had been wrongly swept up in abuse allegations involving a child she was looking after.

Opposition Leader Jeff Seeney said the family deserved better treatment. "It's hard to imagine why the Government has not acted on the Ombudsman's recommendations," he said. "There is a case to be looked at here to ensure justice is done."

Her fight for justice has involved some of the state's most senior bureaucrats and politicians, including Peter Beattie who, in September 1998, as fledgling Premier, declared himself an "honest broker" in ensuring a "speedy resolution" of the matter. Deputy Premier Anna Bligh also was involved as then families minister. After a 3 1/2-year investigation, former ombudsman Fred Albeitz found "there were severe deficiencies in the management of the case" by the Families Department. Then departmental director-general Allan Male accepted the agency should enter into "meaningful negotiations ... to achieve an acceptable compensation package".

The woman later received an "unreserved" written apology from Mr Male's successor, Ken Smith. But the woman said little or no negotiations eventuated and, after her lawyers activated a Supreme Court writ which they advised was necessary to protect her legal right to claim damages, she was "frozen out". The woman's Supreme Court application seeking leave to proceed with her case was unsuccessful, as was a 2003 appeal, with the State Government engaging Queen and Senior counsels to fight the case.

The woman said she was continuing to pursue the matter with Linda Apelt, the Director-General of the new Communities Department, which has taken over the old Families Department files.

Report here



(And don't forget your ration of Wicked Thoughts for today)