No partial settlement for Perth shock girl

The WA government says it can't provide a partial settlement to Denishar Woods' family while there is potential for legal action, but her advocates disagree.

The WA government says it can't provide a partial settlement to the family of Denishar Woods, who suffered catastrophic brain damage from an electric shock at a public housing property, while there is potential for legal action.

The 11-year-old girl was shocked with up to 230 volts when she touched a garden tap at her family's Beldon property in March.

"All she can move is her eyes," National Indigenous Critical Response Service co-ordinator Gerry Georgatos told AAP on Tuesday.

He said he expected her family would eventually reach a $10-$15 million settlement with the WA government - likely out-of-court - to pay for her enormous care needs for the rest of her life.

But it has rejected a request for a $3.2 million advance payment on the compensation that will inevitably come the family's way, Mr Georgatos said.

Attorney-General John Quigley said it can't be done.

"The rules around ex-gratia (payments) preclude us ... while there's litigation on foot or the prospect of litigation," Mr Quigley told reporters.

"I don't want to make an ex-gratia payment to Denishar Woods that will in any way prejudice the very large payout that she should get.

"We're doing act of grace payments to keep things going for her until the substantive claim comes in."

The WA government has previously made act-of-grace payments in the face of legal action.

Last year, the family of Ms Dhu, who died in police custody in 2014 and whose first name is not used for cultural reasons, were granted a $1.1 million ex-gratia payment.

At the time, Mr Quigley said it would not stop them from pursuing legal action and if they were successful, the payment would be deducted from any damages awarded.

"They've got the discretion to make an ex-gratia payment ... with no prejudice involved," Mr Georgatos said.

"How would it be any different with Denishar Woods?"

Denishar's mother Lacey Harrison has previously flagged taking the WA government to court if required but said she was waiting for the findings from the investigation into the tragedy.

The state government last month agreed to provide up to $100,000 for a specially-modified vehicle to accommodate Denishar's wheelchair, but her supporters had to advocate vigorously for that, Mr Georgatos said.

Mr Quigley said he expected her family would ultimately get "a lot more" than $3.2 million.

"Given her horrendous injuries, one would expect it will be way north of $3 million," he said.

"I want to see Denishar get everything she's entitled to get.

"She's got to be properly compensated."

In the meantime, the state government would provide ongoing ex-gratia payments of up to $250,000 to meet her other day-to-day needs, Mr Quigley said.


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Source: AAP



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