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>From http://www.theage.com.au/news/2001/04/19/FFX533UYNLC.html

Sex crime victims to sue state

BRISBANE
Thursday 19 April 2001

Legal action by two victims of former politician and convicted paedophile Bill D'Arcy 
has been given the go-ahead despite Queensland Government attempts to have it struck 
out.

The two women, aged in their 40s, were victims of D'arcy when he was their teacher at 
a primary school in central Queensland between 1963 and 1965.

They are seeking up to $250,000 each for psychological harm and personal indignity. 
They allege the Queensland Government and education minister breached their duty of 
care.

One of the women was raped by D'Arcy in front of her class. The other was indecently 
assaulted.

Last November, D'Arcy, 61, a former Queensland Labor MP, was convicted of 18 child sex 
charges, including three of rape. He was jailed for 14 years.

His appeal against the conviction and sentence will be heard in May.


The government wanted the action struck out on the basis that the claim was 
unreasonable.

The government conceded it owed a duty of care, but it was argued that the school 
system's only failure was that D'Arcy sexually assaulted the children at school.

District Court Judge Hugh Botting found the government and the education minister had 
a duty to ensure that reasonable care was taken.

Judge Botting said in his written judgment that if it could be established that the 
assaults occurred, then it would have been demonstrated that the government or the 
minister were in breach of that duty.

Premier Peter Beattie said on Tuesday that he was concerned about the legal action, 
but was unable to comment further for legal reasons.

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