On Thursday, NSW attorney-general Michael Daley confirmed the government would make an ex gratia payment to the 57-year-old.

Lawyer Rhanee Rego said the system had “failed Kathleen Folbigg once again”. Source: AAP / Leigh Jensen

“The decision follows thorough and extensive consideration of the materials and issues raised in Ms Folbigg’s application and provided by her legal representatives,” Daley said.

Ex gratia payments differ from court-administered compensation claims, which follow a set of precedents. These payments are typically unique instances and the decisions are often made by state cabinets.

Greens MP calls payment a ‘slap in the face’

“And a failure of the NSW premier to uphold the principles of fairness and justice,” Higginson told reporters.

Folbigg joins Lindy Chamberlain among the rare Australians long jailed but later acquitted and then compensated.

Both payments were ex gratia, unlike David Eastman, who was awarded $7 million in damages by the ACT Supreme Court in 2019.