The Western Australian government is appealing a landmark $2.85 million damages ruling awarded to a former state ward for childhood sexual abuse, arguing that public servants who returned him to his abusers were acting 'in good faith'.
Landmark Ruling and the State's Appeal
In a significant decision handed down in September 2025, the District Court of WA ordered the state to pay $2.85 million to Dion Barber, a 45-year-old man who suffered horrific abuse while in state care. This represents the largest compensation ever awarded to a child sexual abuse survivor in Western Australia.
Presiding Judge Linda Black stated the award included approximately $150,000 in exemplary damages due to a 'gross dereliction of duty' by the state. However, the state, through its insurer, has now filed an appeal, with the grounds becoming public in November 2025.
A History of Systemic Failure
Mr Barber's ordeal began in 1988 when he was just eight years old. He bravely disclosed the sexual abuse he was suffering at the hands of his stepfather. Astonishingly, despite the Children's Court accepting the man's crimes, welfare authorities returned the boy to the family home months later.
The abuse resumed, accompanied by physical and verbal attacks. Mr Barber was then subjected to further violations in other state placements, including with his maternal grandparents and his now-deceased biological father.
Judge Black described the state's actions as an 'abject dereliction of duty' and was not satisfied that the then-director general of the Department for Community Services, Des Semple, or his employees, had acted in good faith 'at all times'.
The Appeal's Core Arguments and Public Reaction
The state's appeal contends that Judge Black made an error in law by finding the state vicariously liable under the Child Welfare Act 1947, even if its officers acted in 'good faith'. The appeal documents argue the judge should have found the officers' conduct was in good faith, which would have granted them immunity from liability.
Another ground for appeal is that the judge viewed the reasonably foreseeable risk of harm to the young boy 'too broadly', extending beyond just sexual abuse.
Premier Roger Cook has stated the appeal is intended to 'clarify certain aspects of the law' and that Mr Barber would receive his full compensation regardless of the outcome. He expressed a desire to minimise stress for Mr Barber while also considering the interests of WA taxpayers.
Mr Barber, however, has voiced his profound disappointment, stating the appeal tells him the state 'still refuse[s]' to acknowledge their failure and responsibility. 'You can't hide behind good faith. I think it's a crock, to be honest,' he told ABC radio. 'It's actually disgraceful. They need to make up for their mistakes.'
His legal team at Maurice Blackburn has filed a cross-appeal and estimates more than 1000 similar claims have been brought against the state. Mr Barber expressed concern that the state's appeal could deter other survivors from coming forward.
