DB v The State of Western Australia [2025] WADC 60 (Link pending).
With thanks to Phil Gleeson for drawing attention to this decision of the District Court of Western Australia.
The plaintiff alleged that he was sexually abused as a child by multiple perpetrators during four separate residential placements while a ward of the State. The placements included placements with his stepfather, his natural father, two relatives and with his maternal grandparents.
The plaintiff claimed that the decision-making process that led to his placement with each of these carers was made in breach of a duty of care owed to him.
The court was satisfied that all of the sexual abuse alleged by the plaintiff occurred and found the first defendant (the State) vicariously liable for the negligence of the Director General (DG) and the Department. The employer of the DG and the Department employees was the first defendant.
The court held that a bare reading of s 146A of the Child Welfare Act 1947 (WA) confines the immunity for those acting in good faith to the individual asserted wrongdoer/s and the provision does not remove the liability of the State on a vicarious basis.[509]
Damages were assessed at about $2.8 million including $400,000 for general damages and $150,000 for exemplary damages.
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