A Western Australian man who was repeatedly sexually abused as a child while in state care has been awarded A$2.85 million by the WA District Court, in what lawyers described as the largest damages award in the state for a survivor of child sexual abuse.
Dion Barber, 45, launched the case in 2021, arguing the state — through agencies then operating as the Department of Community Services and the Welfare Department — exposed him to further harm in the 1980s and 1990s by returning him to his stepfather and failing to protect him while he was under wardship. Judge Linda Black handed down the judgment on Tuesday and described Barber as "a completely credible witness in every respect."
Barber was eight years old when he reported sexual abuse by his stepfather to his mother and to authorities, his lawyers Maurice Blackburn said. The Department of Community Services and the Children's Court confirmed he was abused and he was placed under the guardianship and care of the Welfare Department. Over subsequent months he was compelled to undertake counselling sessions with his stepfather before being sent back into the home, where he said he was raped and repeatedly abused by the same perpetrator.
Maurice Blackburn lawyer Hugo Seymour, speaking outside court, described the state's conduct as "sheer negligence," saying the decision to return Barber to his abuser, to force him into counselling with that abuser, to place him with an alcoholic and violent father, and to allow wardship to lapse was "extraordinary, inexplicable."
Judge Black's finding that Barber was a fully credible witness was a notable element of the judgment, Barber told reporters, adding that being believed by a judge was significant after years of being discredited. He said he was satisfied with the outcome but intends to continue campaigning for changes to the child-welfare system. "I'm still going to fight because I want change in the system so this doesn't continue happening," he said. "I would like an apology (from the department) but it doesn't mean anything to me because unless there's change, it don't mean nothing."
The award marks the first historical sexual abuse case against the state of Western Australia to reach a judgment since a 2017 royal commission into institutional responses to child sexual abuse changed legal settings that had previously limited survivors' ability to bring civil claims. That royal commission led to reforms across Australia aimed at removing time limits for civil claims and improving redress options for survivors.
Barber's litigation, which also alleged abuse by other perpetrators while he was in care over subsequent years, proceeded to trial earlier this year before Judge Black. The court heard evidence about the original disclosure at age eight, the confirmation of abuse by authorities, and the subsequent decisions that placed Barber back in contact with his abuser.
Advocates and some sections of the public have used high-profile compensation decisions to press for wider systemic reforms, including calls for a national child sex offender register and strengthened oversight of child-protection agencies. The state's government has previously acknowledged past institutional failings and, in other matters, has issued apologies and established redress schemes for survivors, though such measures vary by jurisdiction.
Legal representatives for Barber said the award recognises the profound and enduring harm caused by both the abuse and the state's failures to protect him. The Department of Communities did not immediately respond to requests for comment.
Support services for people affected by sexual assault and historic abuse include 1800 RESPECT on 1800 737 732 and the National Sexual Abuse and Redress Support Service on 1800 211 028.