Perth District Court hands down decision against the State of West Australia in first historical child sexual abuse case since Royal Commission

A man subjected to repeated child sexual abuse at the hands of multiple caregivers while he was a ward of the state has won $2.8m in compensation. Dion Barber sued the State of WA in the Perth District Court over claims it breached its duty of care after he was subjected to repeated abuse in the 1980s and the harm it caused him. It is the first time the court has handed down a decision over allegations since the 2018 Royal Commission into Institutional Responses to Child Sexual Abuse. Judge Linda Black said Mr Barber was a credible witness who had suffered a significant amount of sexual abuse while he was a ward of the state. She said Mr Barber proved the state and director general were negligent in their duties. The court was told the sexual abuse survivor was moved between the homes of various caregivers when the abuse took place and on one occasion Mr Barber was returned to his abuser. “This was a gross, gross dereliction of duty,” she said. “It was one of the most complex and difficult cases I’ve had to consider.” Mr Barber said what happened to him as a child had taken its toll and would never leave him, but vowed to keep fighting for systematic change for children to feel safe. He told media outside of court he hoped his victory encouraged more people to come forward and take on the system. “It has been extremely (hard),” he said.“I am still overwhelmed by the process … but it is really important.” Mr Barber said he was placed into State care because he was supposed to be protected. “I spent four years during this case and four weeks in the trial being told they were not responsible and that I was a liar because I didn’t report what happened to me after I was sent back,” he said. “They thought I would just give up and go away. I didn’t. And today, I have finally received my judgement and recognition that I was right. “I hope that by doing this case I can be a voice for other survivors. This decision is not just about justice for me. It’s about accountability. It’s about making sure no child ever goes through what I did.” Outside of court, Maurice Blackburn associate Hugo Seymour told media this day had been a long time coming for Mr Barber, who was just eight years old when he bravely reported he was being abused by his stepfather. “The decisions that were made at that time have been catastrophic for Dion,” Mr Seymour said. “In his life, he has suffered irreparable harm, now Dion’s decision to take his case to court and to trial have been unequivocally justified today.” Mr Seymour said it was the largest damages awarded to a survivor of child sexual abuse in Western Australia. “Dion’s bravery and courage and perseverance through this case must be heralded,” he said. “He is a hero for survivors of abuse, and I’m sure he will say shortly, this was never about the money. “This was about recognition, accountability and some acknowledgement that he was treated.” Mr Seymour said aspects of the conduct of this case by the Department and the State Insurer were nothing short of shameful and disgraceful. “For four years during his case and for four weeks during his trial, Dion was told the State could not be held responsible for what happened to him, even if Welfare Department officers were negligent,” he said. “The Department in the name of the State argued that knowingly sending Dion back to his abuser was done in good faith, and therefore they couldn’t be liable. “They argued sending Dion to live with his abusive, alcoholic and clearly unsafe father was done in good faith, and therefore they couldn’t be liable. “The Director of the Department gave evidence to the Parliament last year that in every case the State defended, they were fair, compassionate and timely, and defended cases with model litigant principles. “Tell that to Dion Barber, given the history of this case and what the Court has decided today. “Dion deserves an apology from the highest levels of Government, and survivors like him deserve change.”