The WA Attorney General, Tony Buti, says the state is appealing against a court judgement that awarded a record compensation payout to an abuse survivor to "clarify points of law". Mr Buti says there's a number of legalities that need to be ironed out including the duty of care of government officials and how damages are awarded. But some lawyers claim it's a cover for setting a precedent for future complainants.
00:00The government desperately trying to rewrite the narrative.
00:06Regardless of the outcome of the appeal, he will receive his full payment.
00:09As the Premier made clear yesterday, Mr Barber will receive his full compensation that was awarded by the court.
00:15We have committed $2.8 million will be paid to Mr Barber.
00:20But details around the state's appeal of a record payout are murky.
00:25Dion Barber was last month awarded almost $2.8 million for the sexual abuse he suffered as a child while in state care during the 1980s and 90s.
00:35However, on Tuesday, it was revealed the state of WA is appealing the amount Mr Barber was awarded.
00:42Why?
00:43Well, there's a number of legalities around the actual scope of the duty of care under the Child Welfare Act.
00:49Also, the scope of the duty of care of government officials who are acting in good faith and also certain other calculations of damages.
00:58Perth lawyer Sarah Nielsen-Harvey says the government is trying to limit its liability and the amount survivors can be compensated.
01:06Try and limit their own responsibility.
01:09It is a slap in the face to survivors who have come forward.
01:16On the one hand, they're saying we accept what Judge Black has awarded due, but equally, we don't want other plaintiffs to think that that's what they might get at trial.
01:27Haggling over the compensation precedent or not, the appeal itself isn't a good look for the government.
01:35It's something that's difficult for it to explain to the public and a point of contention it's likely to face questioning over next week when Parliament returns.
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