WA government's bid to limit abuse survivor payouts rejected

The Western Australian government's attempt to limit payouts to child sexual abuse survivors like Dion Barber has been rejected by the Court of Appeal. The government had argued that the nearly $3 million compensation awarded to Mr Barber was too much, despite paying it in full and promising not to take it back if the appeal was successful.

A 'double standard' for survivors

The government's case was rejected by the three Supreme Court justices who heard it, including Chief Justice Peter Quinlan. The judges published their reasons for dismissing the case, stating that it was 'not an appropriate exercise' of the Supreme Court's judicial powers.

In their view, the state government was seeking a decision 'to facilitate its negotiation on those many other claims, presumably on a basis more favourable than the outcome in Mr Barber's case.' The judges wrote that it would be 'inappropriate' for the court to revisit the 'deeply personal' evidence of the case 'solely for the purpose of facilitating the state's resolution of other claims.'

A question of liability

Premier Roger Cook said the government acted on 'the best legal advice' and was seeking to clarify elements of the law to provide justice to more people faster. However, Mr Barber's lawyer, Hugo Seymour, said the government was trying to avoid liability, comparing it to a scenario where the Christian Brothers would argue they shouldn't be held responsible for sending a child to a paedophile.

'If the Christian Brothers went to the Court of Appeal to say that we knowingly sent a child into the hands of a paedophile but we don't want to be found liable or responsible for it, there would be outrage in the parliament, outrage by the government and outrage in the community.'

Government insurer under scrutiny

Shadow Attorney-General Nick Goiran said the Insurance Commission of WA, the state government's insurer, needs to change its approach to handling claims. A spokesperson for the commission declined to answer questions, only saying that they respect the Court of Appeal's decision.

'Further torment' for Mr Barber

Mr Barber, who has yet to receive an apology from the government, said the last year had been 'further torment.' He told 102.5 Perth: 'It would be nice to get in one sense, but they're just words. If they're not really meant, then I'd rather see change. Change would be a better apology.'

The government's decision on how to resolve the remaining 200 cases will indicate whether this final resolution of Mr Barber's case has prompted the change he hopes for.