Survivor Dion Barber wins $2.85m landmark case against the state of Western Australia over abuse he experienced while a ward of the state

9 September 2025 

This is the largest award of damages made to a survivor of child sexual abuse in Western Australia.

Mr Barber, now 45, had sued the state over repeated sexual abuse he experienced in the 1980s and 1990s while a ward of the state.

In handing down the decision, Her Honour Judge Linda Black described Mr Barber as a “completely credible witness in every respect.”

This was the first historical sexual abuse case against the State to proceed to a judgement since the Royal Commission into Institutional Responses to Child Sexual Abuse and law reforms in 2018 removed time limits for survivors to bring claims.

Mr Barber was eight years’ old in 1988 when he reported sexual abuse by his stepfather to his mother and authorities.

The Department of Community Services (now Department of Communities) and the Children’s Court found he had been abused, and he was placed under the guardianship and care of the Welfare Department.

Over the following months, he was forced to have counselling with his abuser, before he was sent back into the home, where he was raped and abused by the same perpetrator.

Mr Barber sued the State of Western Australia in 2021 for this abuse and the harm caused, as well as for repeat abuse by other perpetrators over subsequent years in care.

The trial was held in the District Court in January and February 2025 before Judge Linda Black.

Quotes attributable to Dion Barber:

“I was placed into State care because I was supposed to be protected. I reported what was happening to me, yet they sent me back.

“The Welfare Department took complete control of my life yet allowed me to be abused again and again because they didn’t do their job properly.

“I have never received an apology from the State Government for what happened to me.

“I spent four years during this case and four weeks in the trial being told they were not responsible and that I was a liar because I didn’t report what happened to me after I was sent back.

“They thought I would just give up and go away. I didn’t. And today, I have finally received my judgement and recognition that I was right.

“I want to move on with my life. I want to look after my dogs, have a decent job and pay for my medical treatment. And most importantly, I want to see change so that children can be safe and feel safe.

"And I hope that by doing this case I can be a voice for other survivors. This decision is not just about justice for me. It’s about accountability. It’s about making sure no child ever goes through what I did.”

Quotes attributable to Maurice Blackburn associate Hugo Seymour: 

“Today has been a long day coming for Dion and his journey towards justice and accountability.

“What happened to Dion was inexcusable and appalling. He was a child in need of care and protection and he was consistently failed and abused.

“His bravery in coming forward and bringing his case has to be heralded. He is the first person to take his case to judgement against the State, the Department of Communities and the Insurance Commission of Western Australia.

“His award of damages is the largest in WA’s history for survivors of child sexual abuse.

“Dion is a very damaged man because of what happened to him, yet he stuck it out because he knew what he was doing was right.

“Dion is a hero for all survivors of child sexual abuse seeking justice.

“As much as today is a victory for Dion, it is a very dark day for the State and its treatment of survivors of child sexual abuse.

“Aspects of the conduct of this case by the Department and the State Insurer were nothing short of shameful and disgraceful.

“For four years during his case and for four weeks during his trial, Dion was told the State could not be held responsible for what happened to him, even if Welfare Department officers were negligent.

“The Department in the name of the State argued that knowingly sending Dion back to his abuser was done in good faith, and therefore they couldn’t be liable. They argued sending Dion to live with his abusive, alcoholic and clearly unsafe father was done in good faith, and therefore they couldn’t be liable.

“The Director of the Department gave evidence to the Parliament last year that in every case the State defended, they were fair, compassionate and timely, and defended cases with model litigant principles. Tell that to Dion Barber, given the history of this case and what the Court has decided today.

“Dion deserves an apology from the highest levels of Government, and survivors like him deserve change.”