He said it was the maximum amount of public money the government could offer without pulling away from other initiatives and programs.
“It’s not my money, I don’t pull it out of my back pocket. It’s the taxpayers of New South Wales’ money, and it doesn’t come from a magic pot,” he told reporters today.
“We have to pull that money from other programs, from other initiatives.
“This was the most amount that we should justify, given it would come from other resources.”
Folbigg, once dubbed Australia’s worst female serial killer, had spent 20 years behind bars for the deaths of her four children between 1989 and 1999.
She was released in 2023 after her convictions were quashed.
She later made an application for an ex gratia payment â a voluntary payment without any legal obligation and typically made out of goodwill â for her wrongful imprisonment to avoid suing the state.
The matter was reviewed, and NSW Attorney-General Michael Daley granted her $2 million yesterday.
Folbigg, through her lawyer, said the payment was “woefully inadequate and ethically indefensible” and called for an inquiry to understand how the government decided on the figure.
“The system has failed Kathleen Folbigg once again,” her solicitor Rhanee Rego said.
“Kathleen lost her four children; she lost 20 of the best years of her life; and she continues to feel the lasting effects of this ongoing trauma.
“The payment does not reflect the extent of the pain and suffering Kathleen has endured.”
Rego pointed to the case of Lindy Chamberlain, who received $1.7 million for the three years she spent behind bars after she was exonerated for the death of her baby in 1994.
But Minns said any previous and larger payments from the state have been a result of settlements from legal challenges.
“This is an ex gratia payment, so we’re not compelled to do it,” he said.
“We’re not currently in litigation. If there were further litigation, we won’t take the $2 million off the table. We accept that this is an ex-gratia, non-conditional payment to Ms Folbigg.”
Minns then invited Folbigg’s legal team to take the state government to court.
“That lawyer is free to take the NSW government to court, to sue the NSW government, we would deal with it in those circumstances,” he said.
Folbigg’s “fight should be over”, Rego said.
”After being failed at her conviction and abused in prison, she is now being treated with contempt by the very system that should be making amends,” she said.
