The WA government cannot offer a partial settlement for the 11-year-old girl who suffered a catastrophic brain injury after touching an electrified garden tap.
Denishar Woods was shocked with up to 230 volts of electricity at her family’s public housing home six months ago and since then she has been unable to walk or talk.
The family announced plans in May to sue the state government and Denishar could be eligible for millions in compensation.
Attorney General John Quigley said he encouraged the family to apply for ongoing act-of-grace payments and that he supported efforts to get full compensation for Denishar’s disability.
“You can’t make an ex gratia payment while there’s litigation outstanding unless the person accepts it to wipe out the litigation,” he said.
“I don’t want to do that. I want to protect Denishar’s rights going forward. She should get millions and millions for what’s happened to her.”
The group which has been supporting the family, the National Indigenous Critical Response Service (NICRS), said the state government’s decision not to offer the family a $3.2 million payment was “diabolical”.
“The family is under enormous financial pressures, unable to afford adequate specialist care management, unable to afford therapies, unable to afford essentials,” said Gerry Georgatos, the national coordinator for NICRS.
“That the family has been stranded like this for the next few years till compensation is settled is both morally and politically abominable.”
Mr Georgatos previously told NITV News that the full settlement for Denishar could be up to $10 million.
In the months since the incident the family has struggled financially. In July, it was revealed that they were taking Denishar to hospital in a wheelchair via public transport.
The WA government subsequently approved an act-of-grace payment for to allow the family to buy a specifically modified vehicle.
Denishar’s father Royal Woods died last year and Ms Harrison depends on welfare payments to look after her seven children, six of whom live at home.
"We should not be in this deplorable position where we've got to wait years for the compensation," she said.
“I am pleading to the state government please do not let down my daughter, children, my family any further.”
The incident remains under investigation by the Department of Mines, Industry Regulation and Safety.
