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Zakal
One Game, One Club, One Jumper
Joined: 04 Nov 2005
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| nomadjack wrote: | | Such limitation periods, the difficulty of tracking down documentary evidence, and the short life expectancy of indigenous people (meaning most people stolen prior to the mid 1950s are no longer alive) make a mockery out all the redneck claims about thousands of massive compensation payouts. |
Yeah, its just not going to happen. The only way they are going to get compensation on a large scale is if a fund is established, and assessments are done on a case by case basis. Rudd has already ruled this out.
But thats the only fair way to do it anyway, allowing an exemption to the limitation period would be absurd. Not only is it ridiculous to from a legal perspective, it just encourages people to use an extremely costly and extremely emotional taxing method of recovery. Anyone involved in pieces of big litigation knows just how hard it can be. So saying "well the stolen generation are exempt from the limitation period, go hog wild" would be insane.
Instead, take all the millions it would cost the government to fight every one of those bits of litigation...put it into a fund, and pay it out to those people who deserve it. The payout figures could be a lot less than in litigation as well because there wouldnt be $100,000 odd (or much more) going out of the hands of the aboriginal plaintiffs into the pockets of their legal representation that had to be made up for. Far better off getting $100,000 in compensation from a fund than trying to sue to recover $200,000. |
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