❓ Hon Nick Goiran questions the Treasurer's refusal to disclose the total cost of the 'DB v the State of Western Australia' case, including damages and costs, and asks if the Treasurer will comply with the Financial Management Act 2006. The answer provides the damages paid and legal costs incurred, noting an ongoing appeal to clarify points of law.
AnsweredQoN 400Legislative Council
QuestionView source ↗
Treasurer—Performance
400. Hon Nick Goiran to
the parliamentary secretary representing the Treasurer:
I refer to the
Treasurer's answers on 12 and 13 May 2026 to my questions without notice, in
which the Treasurer has twice declined to provide to the house information on
the total cost to taxpayers, including damages and costs, following the state's
failed defence in the case of DB v the State of
Western Australia .
(1) Will the Treasurer comply with
section 82 of the Financial Management Act 2006 and give notice of her decision so that the Auditor General can publish an
opinion on whether the Treasurer's decision was reasonable and appropriate?
(2) If yes to (1), when will this occur?
(3) If no to (1), is the Treasurer aware
that it is open to the house to compel the provision of the document via an order
to produce?
400. Hon Nick Goiran to
the parliamentary secretary representing the Treasurer:
I refer to the
Treasurer's answers on 12 and 13 May 2026 to my questions without notice, in
which the Treasurer has twice declined to provide to the house information on
the total cost to taxpayers, including damages and costs, following the state's
failed defence in the case of DB v the State of
Western Australia .
(1) Will the Treasurer comply with
section 82 of the Financial Management Act 2006 and give notice of her decision so that the Auditor General can publish an
opinion on whether the Treasurer's decision was reasonable and appropriate?
(2) If yes to (1), when will this occur?
(3) If no to (1), is the Treasurer aware
that it is open to the house to compel the provision of the document via an order
to produce?
AnswerView source ↗
I thank the Leader
of the Opposition for some notice of the question and provide the following
answer on behalf of the Treasurer.
(1)–(3) Mr Barber was paid a total of $2.85 million
in damages in late 2025, and, to date, approximately $1.1 million of legal
costs have been incurred for both the trial and appeal. There are aspects of
the law that need to be clarified, which is why, on the advice of senior legal
counsel and the Insurance Commission of Western Australia, the state is
appealing certain points of law in the judgement. It is important that these
points of law are clarified to inform future matters. Mr Barber's evidence is
not being disputed, and I acknowledge the strength that it takes for survivors
of child sexual abuse to disclose their abuse to others.
of the Opposition for some notice of the question and provide the following
answer on behalf of the Treasurer.
(1)–(3) Mr Barber was paid a total of $2.85 million
in damages in late 2025, and, to date, approximately $1.1 million of legal
costs have been incurred for both the trial and appeal. There are aspects of
the law that need to be clarified, which is why, on the advice of senior legal
counsel and the Insurance Commission of Western Australia, the state is
appealing certain points of law in the judgement. It is important that these
points of law are clarified to inform future matters. Mr Barber's evidence is
not being disputed, and I acknowledge the strength that it takes for survivors
of child sexual abuse to disclose their abuse to others.
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