The Western Australia (WA) government has initiated an appeal against a landmark court ruling that awarded $2.8 million in compensation to Dion Barber, a survivor of sexual abuse during his time in foster care. The District Court’s decision, rendered last month, is noted as the largest compensation award for a sexual abuse survivor in the state’s history.
Barber, who is now in his 40s, endured repeated abuse while under the care of the state in the 1980s and 1990s. The District Court found that he faced multiple instances of sexual abuse not only from his stepfather, with whom he was placed, but also from other adults during his time in various care placements. According to the court documents, Judge Linda Black deemed Barber a “credible witness” and affirmed the occurrence of the abuses he reported.
As details emerged, it became clear that the WA government filed documents appealing the court’s decision shortly after the judgment. This move has drawn criticism and disappointment from Barber, who expressed his frustration at the state’s refusal to accept responsibility.
“I spent four years during this case, and four weeks during the trial fighting to be heard,” Barber stated. “The judge found the department failed to look after me when I was in their care and I was abused.” He had hoped for a resolution that would allow him to move forward with his life, seeking closure after a prolonged battle for recognition.
Barber’s legal counsel, led by Hugh Seymour, has also filed a counter-appeal, although the specific grounds for this cross appeal have yet to be determined. This legal back-and-forth underscores the complexities surrounding cases of historical abuse, where survivors must navigate both the judicial system and institutional responses that may often be at odds with their needs for justice.
The appeal by the WA government raises significant questions about accountability and the ongoing impact of past abuses on individuals like Barber. As the legal proceedings continue, the case remains a pivotal moment in discussions around the treatment of abuse survivors within the foster care system.
As this story develops, it highlights the broader issues of state responsibility and the long-lasting effects of childhood trauma on survivors seeking justice and healing.
