Andrew L. Urban
Australia’s hodgepodge approach to compensation for wrongful imprisonment across various jurisdictions is highlighted by the Kathleen Folbigg compensation just announced (7/8/2025): $2 million for 20 years in jail.
Folbigg suffered the loss of her children compounded by the wrongful conviction for their murder and the loss of the best 20 years of her life. $2 million doesn’t fit with the Australian ethic of a ‘fair go’…
It seems the legal system and the various Governments are incapable of agreeing on uniform compensation guidelines so that Australians are not treated differently because of their postcodes.
Compensation for wrongful convictions over the past 40 years varies significantly by jurisdiction, with no uniform system except in the Australian Capital Territory (ACT). Most jurisdictions rely on discretionary ex gratia payments, which are arbitrary, non-transparent, and not legally mandated. The ACT is the only jurisdiction with a statutory right to compensation under Section 23 of the Human Rights Act 2004, requiring a conviction to be reversed or pardoned due to new evidence proving a miscarriage of justice.
Key examples of compensation include:
– David Eastman (ACT, 2019) : Awarded $7.02 million after 19 years in prison for a wrongful murder conviction.
– Henry Keogh (SA, 2018) : Paid $2.5 million after nearly 20 years for a wrongful murder conviction.
– Lindy and Michael Chamberlain (NT, 1992) : Received $1.3 million after Lindy served ~4 years for a wrongful murder conviction.
– Andrew Mallard (WA, 2005) : Awarded $3.25 million after nearly 12 years for a wrongful murder conviction.
– Gene Gibson (WA, 2017) : Received $1.3 million after nearly 5 years for a wrongful manslaughter conviction.
– John Button (WA, 2003) : Paid $460,000 after 5 years for a wrongful manslaughter conviction.
– Douglas Rendell (NSW, 1988) : Awarded $100,000 after 8 years for a wrongful murder conviction.
– Roseanne Beckett (NSW, 2015) : Received $4.09 million (including interest) after 10 years for wrongful convictions related to soliciting murder.
Common issues include:
– No automatic right to compensation in most jurisdictions, unlike the ACT.
– Ex gratia payments are inconsistent, politically influenced, and lack clear guidelines.
– Compensation amounts vary widely, often not reflecting the severity of harm or time served.
– Civil lawsuits for negligence or malicious prosecution are difficult due to high legal thresholds (e.g., proving “actual malice”).
– Nearly 100 documented wrongful convictions since 1922, with about 58% of exonerees seeking compensation and 63% of those receiving ex gratia payments.
The system can been criticised for arbitrariness, and should consider dedicated legislation or a Criminal Cases Review Commission to align with international standards.