Dion Barber: State of WA found liable for former ward’s repeated sexual abuse in ‘gross dereliction of duty’

A former ward of the State who sued the WA Government for repeatedly sending him into the clutches of sexual predators has been awarded $2.85 million in damages in a landmark case. In a historic victory on Tuesday, Dion Barber won his bid for compensation after dragging the State to trial in the District Court of WA earlier this year. Maurice Blackburn, which represented Mr Barber, says it is the first historical sexual abuse case against the State to proceed to trial since the time limit for claims were removed in 2018. It is also the largest award of damages made to a survivor of child sexual abuse in WA. The sum includes about $150,000 in exemplary damages “on the basis there was a gross dereliction of duty”, Judge Linda Black said in a brief hearing. Mr Barber’s lawyer Hugo Seymour said the award of exemplary damages was very rare and were “to punish the defendant”. “That is extraordinary. That is very welcome for survivors ... we are ecstatic,” Mr Seymour told reporters outside court. And it came after the State rejected an offer by Mr Barber to settle for $1.2m, the lawyer said. The decision potentially opens the floodgates for similar claims, with Mr Seymour saying his firm estimated more than 1000 had been brought against the State. Mr Barber smiled and shed tears from the public gallery as Judge Black handed down her decision, noting how hard it must have been for him to testify. “You were a completely credible witness in every respect. I hope that brings some peace to you in time,” she said. The now 45-year-old bravely first spoke out about the horrors he endured at the hands of his stepfather when he was aged just eight in 1988. But staggeringly, he was returned to the family home months later, despite the man’s horrific crimes being accepted by welfare authorities in the Children’s Court. The abuse resumed, with simultaneous violence and verbal attacks such as, “Shut the f..k up, don’t move”, Mr Barber testified at trial. He was then violated at various other placements by the State, including by his maternal grandparents and his now deceased biological father. Judge Black found his claims were all accurate and the State was liable. Her full reasons will be published at a later date. Mr Barber told reporters it was “massive” to have his tragic history confirmed as fact by Judge Black after a prolonged process he described as “the hardest thing I’ve ever done in my life”. “Things will never go away as a result of this,” he said. “But I’m still going to fight because I want to change in the system so this doesn’t continue happening. “I hope people come forward and feel more self worth, to actually take (on) the system.” Mr Seymour slammed the State’s handling of the case. “The State denied, through the Department and the Insurance Commission of Western Australia, denied they could even be held liable for knowingly sending Dion back to his abuser,” he said. “That argument, in our view, was shameful and disgraceful and should never have been brought. “We made formal complaints about that and we never received a response. “This is conduct equivalent to churches, which has been roundly criticised. “Dion deserves an apology from the highest levels of Government as to how he was treated.” A spokesman for the Department of Communities said it recognised the immense courage it took for abuse survivors to come forward. “The State Government removed the limitation period for child sexual abuse claims to allow such claims to be brought and determined by the court,” he said. “Given the complexity of the decision, the State is currently reviewing the judgement. “In these circumstances it’s not appropriate to comment further.” The judge said the case was one of the most complex and difficult cases she had ever had to consider. At trial, defence counsel Fiona Stanton argued that one of the reasons Mr Barber was returned to the stepdad was that he wanted to be with his mother. And there was “a limit to the degree of supervision” the department could provide, she said. Mr Seymour, who addressed a parliamentary committee on options available to survivors of institutional child sexual abuse, said Mr Barber’s treatment was “the worst” he’d seen. “The sheer negligence in this case was extraordinary,” he said. “No-one who was involved in decision-making during Dion Barber’s time, when he was eight years of age ... made good decisions that day.” Judge Black will make a decision on legal costs after receiving written submissions.