Driver gets $55K payout after affair with MP

The Tasmanian Premier, David Bartlett, has announced a settlement with the driver who had an affair with former Cabinet Minister, Paula Wriedt.

Ms Wriedt attempted to commit suicide in August when she learned the driver, Ben Chaffey, had lodged a claim with the Government.

Mr Chaffey's lawyers had threatened to pursue a sexual harassment claim.

The Premier says Mr Chaffey has agreed to a one off payment of $40,000, as well as reimbursement for up to $15,000 in legal and medical fees.

Mr Chaffey will also be offered another job in State Government but on a lower salary.

Ms Wriedt was sacked from the front bench six weeks after her suicide attempt.

She is still on leave and has not announced if she is returning to Parliament.

Related:

Tas Premier sacks Wriedt
Tasmanian Premier David Bartlett has sacked Paula Wriedt from his Cabinet.

Asbestos patients die awaiting compensation

PEOPLE suffering from the asbestos disease mesothelioma are dying before their compensation cases are completed due to a cost-saving system introduced in 2005, a Sydney judge says.

In a judgment handed down last month, Judge Bill Kearns urged the NSW Government to change the rules "with some urgency", saying the issue was causing additional anguish to claimants and compromising their ability to give lucid evidence.

The new system was brought in after the issue of legal costs in asbestos cases was raised during the 2004 furore over James Hardie's $1.5 billion underfunding of a compensation trust.

The Government responded by making mediation the standard method of resolving claims, with a set timetable.

A Government review of the first year of operation concluded that plaintiff legal costs were falling slightly and defendant costs were falling substantially.

Cases can be referred to a judge of the Dust Diseases Tribunal if there is medical evidence that a plaintiff is likely to die before the mediation timetable runs its course.

At a hearing in February, Judge Kearns said he knew of at least 10 cases in his two years on the bench where the plaintiff died within a fortnight of the case being removed from the claims resolution process under this provision.

"There is something seriously wrong with a system that, because of its structure, denies a plaintiff access to a judge until the last fortnight or the last few days of his or her life, and at a time when he or she is in a state of seriously poor and deteriorating health and with little prospect of his or her case being completed during his or her lifetime," Judge Kearns had said in February, in comments reproduced in his May judgment.

The Dust Diseases Tribunal referred Judge Kearns's comments to the Attorney-General, John Hatzistergos, earlier this month.

"He has asked his department to investigate the resolution process and any efficiency improvements as a matter of priority," a spokesman said.

The judge's comments "give rise to serious concerns", said Ross Letherbarrow, SC, chairman of the NSW Bar Association's common law committee.

The committee was "looking at the issue with a view to seeking changes to the system", he said.

Vincent Goldrick, a partner of the commercial law firm Goldrick Farrell Mullan, said he agreed with Judge Kearns's view that the previous system would have allowed more cases to be determined before claimants died.

Mr Goldrick pointed out that the strict requirements proving medical evidence of urgency were a problem.

Payouts to former detainee's likely

THE Department of Immigration has paid $620,000 to eight former detainees and has written to more than 130 others to say they may be next in line for compensation.

Department officials have told a Senate estimates committee the department sent 149 letters to notify individuals they "may have been unlawfully detained".

The development is a sequel to a series of inquiries triggered by the controversy over the department's mishandling of the cases of the Australian resident Cornelia Rau, who was unlawfully detained, and Vivian Alvarez Solon, an Australian citizen who was deported to the Philippines.

The Commonwealth Ombudsman's office identified 247 cases of suspected unlawful detention, which are now being processed by the department.

But a spokesman for the department last night challenged a claim by the Greens senator Kerry Nettle that the department could end up paying more than $10 million in unlawful detention claims.

Such a figure was not representative of the cases still to be settled and as the department had dealt with the most difficult cases first it was likely that payouts for remaining cases would be lower.

The Government estimates it may be liable to pay compensation in 135 cases. The spokesman said the department was still trying to find about 60 people among those identified by the Ombudsman, John McMillan.

The Immigration Department has sent letters to 54 former detainees advising them to get legal advice about compensation for their detention, the department said in response to questions from Senator Nettle.

Senator Nettle, who based her $10 million estimates on what the Government had paid so far, said the compensation "confirms that the cruel policy of mandatory detention is a huge waste of money".

She called on the Federal Government to scrap mandatory detention and deal with immigration matters while the individuals in question lived in the community.

The Immigration Department's chief lawyer, Robyn Bicket, confirmed that Ms Rau was paid $2.3 million in compensation last month after her damages case was finalised in March.

It was also revealed that the Federal Government, the Queensland Government and the detention centre operator GSL were still bickering about who was liable for legal costs associated with Ms Rau's case.

"We do have ongoing arguments between the parties as to who should pay what," the Immigration Minister, Chris Evans, told the hearing.

No compo for four falsely accused

Four Western Australian men acquitted of murder have failed in their bid for an estimated $1 million compensation payout.

Phillip Walsham was found lying under a footbridge at the Stirling Train Station 10 years ago.

While two of the men admitted kicking him earlier in the night, all three denied any involvement in his death.

But after a coronial inquest, a hung jury and a retrial the men were found guilty of murder and spent two years in jail before having their convictions quashed last year.

WA Attorney-General Jim McGinty says their actions on the night were deplorable and an acquittal does not automatically entitle them to compensation.

The men said last year that the fight for justice had cost each of them more than $350,000.

Related:

Man denied compo calls for McGinty meeting

A Western Australian man denied compensation after being wrongly jailed for murder has called for a meeting with the state's Attorney-General.

Sal Fazzari and two other men spent more than two years in jail for the murder of 21-year-old Phillip Walsham, whose body was found under a footbridge at the Stirling Train Station 10 years ago.

The three had their convictions quashed last year, but the Government has rejected their compensation claim saying an earlier assault on Mr Walsham must be taken into account.

"A mere acquittal is not enough to found a claim in compensation," Attorney-General Jim McGinty said.

"In this case there was a vicious assault of Phillip Walsham and in all of the circumstances the government has decided that a claim for compensation should not be granted."

Mr Fazzari says the government is missing the point.

"We didn't spend time in prison and have legal bills of $500,000 for the assault," he said.

"We pleaded guilty to the assault in 1998 and six years later we were charged with a murder we didn't commit.

"It just goes to demonstrate that Jim McGinty is denying our compensation just to try to win some votes, so to speak."

Propaganda claims

Mr Fazzari says he can prove there was misconduct by those involved in their prosecution.

"There's been propaganda against us from day one by the media and a lot of what the public know about the case, they've been misinformed," he said.

"We'd suggest there has been wrongdoing and we'd be happy to take up the opportunity to prove so."