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How the WA government tried - and failed - to limit payouts to abuse survivors like Dion Barber

WA's Supreme Court rejected the government's bid to limit payouts to child abuse survivors, protecting nearly 200 similar claims from being undercut.

The Western Australian government wanted "immunity from liability" in cases brought by child sex abuse victim-survivors like Dion Barber, but the Supreme Court ruled against it.

The Long Sip
What happened

The WA Supreme Court rejected the state government's appeal against a nearly $3 million payout to child sexual abuse survivor Dion Barber.

The detail

The government had argued it should be immune from liability because staff acted in good faith, a move that would have affected almost 200 similar claims.

What it means

The judges ruled the government must face each survivor's claim openly in court rather than use this case to quietly reduce future payouts.

For you

The ruling means the WA government cannot use this case as a precedent to reduce compensation for the roughly 200 other survivors currently seeking payouts from the state.

Full story at ABC News & Headlines

What readers are saying

NewlyRetired_Helen
The court made clear the government can't use a victim's case as a test run to set lower terms for the next 200 people. That distinction matters because it keeps the state honest about what it actually owes.
CraigieburJayden
the judges basically said if the government wants to fight the other 200 claims, do it openly in court not through an appeal that pretends its about clarifying the law. thats actually the point.
FrugalFamLou
It is quite telling that the Insurance Commission declined to answer questions despite being the ones actually handling the state's legal strategy. Even if the government claims they won't take money back from this specific survivor, using his case to try and establish immunity for staff acting in good faith would have set a very difficult precedent for the other 200 people waiting for their claims to be heard.

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