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District Court Orders Western Australia to Pay $2.85 Million to Survivor of Abuse in State Care

The ruling is the first judgment on a historical abuse claim against the state since time limits were lifted after the royal commission.

Overview

  • Judge Linda Black found that all of Dion Barber’s alleged sexual abuse occurred and held the State and its director-general negligent.
  • The court heard Barber was repeatedly abused across multiple placements in the late 1980s and 1990s, including being returned to his stepfather after reporting abuse.
  • Damages were set at $2,846,960.69, with his lawyer saying it is the largest award to a survivor of child sexual abuse in Western Australia.
  • Barber said the decision validated his account, vowed to push for systemic change, and urged other survivors to come forward.
  • Lawyer Hugo Seymour criticized the state’s defense, including assertions that decisions were made in good faith, and indicated further legal actions from other alleged victims.