Ms Charmaine Holyoak1, Mr Robert Guthrie1
1Department Of Justice Western Australia, Perth, Australia
Biography:
Charmaine was admitted to the practice of law in 2001 and has worked primarily in the area of personal injury litigation both as a solicitor and barrister, having joined the independent Bar in 2009. Whilst at the Bar, Charmaine worked as a Sessional Arbitrator with WorkCover WA and as a lecturer at the University of Notre Dame in tort law. In 2016, Charmaine was appointed as an Assessor Criminal Injuries Compensation and in 2019 as the Chief Assessor.
Abstract:
This presentation canvasses three specific issues affecting First Nations applicants for criminal injuries compensation in Western Australia, which have broader application to issues arising in other Australian jurisdictions. First, it considers the question of eligibility for compensation of close relatives. Through examination of legislation and case law, the effect of restricted legislated kinship definitions on those who assume parental responsibilities is noted and it is concluded and expansion of the definition of close relative is required. Second, shame as a compensable injury is examined and a novel proposal to formally acknowledge shame as an element of compensable claims is canvassed. Finally, the role of healing in the First Nations community is considered as well as how to include cultural healing practices as an element for consideration in assessment of claims.