❓ Question concerns the government's appeal in Dion Barber's legal case and its potential impact on future child abuse victims seeking justice. The Premier defends the appeal as seeking legal clarity and highlights the government's record on supporting survivors.
AnsweredQoN 598Legislative Assembly
QuestionView source ↗
Dion Barber—Legal case
598. Mr Basil Zempilas to
the Premier:
I first want to
acknowledge that today is National Survivors' Day and recognise and commemorate
the courage and journeys of survivors of sexual assault and institutional
abuse.
Does the Premier
disagree with Mr Dion Barber and many in the legal profession that his
government's appeal will dissuade child abuse victims from pursuing justice
through the courts in the future?
598. Mr Basil Zempilas to
the Premier:
I first want to
acknowledge that today is National Survivors' Day and recognise and commemorate
the courage and journeys of survivors of sexual assault and institutional
abuse.
Does the Premier
disagree with Mr Dion Barber and many in the legal profession that his
government's appeal will dissuade child abuse victims from pursuing justice
through the courts in the future?
AnswerView source ↗
I begin by
acknowledging the bravery of victims of abuse like Dion Barber. The nature and
extent of abuse suffered by Mr Barber is not being challenged on the appeal. Mr
Barber will receive the full payment of $2.8 million regardless of the outcome
of the appeal. I make the observation that it was our government that removed
the limitation period for child sexual abuse civil claims in 2018, following
the election of the WA Labor government, and that made these types of claims
possible. That could have been put in place much earlier. I remember my good
colleague Hon Dr Graham Jacobs brought into this place a private member's bill
some years earlier during the time of the Barnett government. He actually put
in a private member's bill that would have facilitated that very opportunity.
That bill was blocked by the Barnett Liberal–National government, denying
victims of sexual abuse the opportunity to receive justice much earlier. Upon
the election of the WA Labor government, the Attorney General, Hon John Quigley,
moved swiftly to bring legislation into this place to allow the victims of
historic child sexual abuse to receive the justice they deserved. Under this
legislation, the state has settled hundreds of child sexual abuse civil claims
against the department and paid more than $110 million in successful claims to
survivors.
The importance of
the appeal is about seeking clarity and ensuring the correct interpretation of
existing laws. It is about clarifying the laws so that people who want to seek
justice in the future will be facilitated in doing so, making sure that we have
the clarity we need to continue to apply the laws rigorously, deliberately and
with purpose. We expect the clarification will help others in a similar
situation to Mr Barber to resolve their matters more quickly and without a
trial.
As the matter is
before the court, it is not appropriate for me to comment further except to say
that we are very proud of these laws. We are very proud that they have created
the opportunity for people to receive the justice that they deserve—justice
that was denied by the opposition's parties in government.
Several members
interjected.
The Speaker: I caution the Leader of the Opposition
about sub judice in relation to his question because I may rule it out of
order.
acknowledging the bravery of victims of abuse like Dion Barber. The nature and
extent of abuse suffered by Mr Barber is not being challenged on the appeal. Mr
Barber will receive the full payment of $2.8 million regardless of the outcome
of the appeal. I make the observation that it was our government that removed
the limitation period for child sexual abuse civil claims in 2018, following
the election of the WA Labor government, and that made these types of claims
possible. That could have been put in place much earlier. I remember my good
colleague Hon Dr Graham Jacobs brought into this place a private member's bill
some years earlier during the time of the Barnett government. He actually put
in a private member's bill that would have facilitated that very opportunity.
That bill was blocked by the Barnett Liberal–National government, denying
victims of sexual abuse the opportunity to receive justice much earlier. Upon
the election of the WA Labor government, the Attorney General, Hon John Quigley,
moved swiftly to bring legislation into this place to allow the victims of
historic child sexual abuse to receive the justice they deserved. Under this
legislation, the state has settled hundreds of child sexual abuse civil claims
against the department and paid more than $110 million in successful claims to
survivors.
The importance of
the appeal is about seeking clarity and ensuring the correct interpretation of
existing laws. It is about clarifying the laws so that people who want to seek
justice in the future will be facilitated in doing so, making sure that we have
the clarity we need to continue to apply the laws rigorously, deliberately and
with purpose. We expect the clarification will help others in a similar
situation to Mr Barber to resolve their matters more quickly and without a
trial.
As the matter is
before the court, it is not appropriate for me to comment further except to say
that we are very proud of these laws. We are very proud that they have created
the opportunity for people to receive the justice that they deserve—justice
that was denied by the opposition's parties in government.
Several members
interjected.
The Speaker: I caution the Leader of the Opposition
about sub judice in relation to his question because I may rule it out of
order.
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.