DB v The State of Western Australia—Department of Communities
445. Ms Libby Mettam to the Minister for Child Protection:
I refer to the judgement delivered on 9 September 2025 in DB v the State of Western Australia, which awarded the plaintiff almost $3 million in damages for child sex abuse suffered while a ward of the state.
(1) Is the minister aware of reported criticism from the plaintiff's lawyer that this case showed that normal practices adopted by the department and the state were not those of a model litigant?
(2) Will the minister order a review of the department's handling of this case?
(3) If not, why not?
Mrs Jessica Stojkovski replied:
(1)–(3) As the Attorney General pointed out to me, it probably sits more with him on the legal questions, but I would like to acknowledge the immense courage it takes for victim-survivors to come forward when they have suffered from abuse. One of the reasons this state government removed the limitation period for child sexual abuse claims was to allow such claims to come forward. I note that this case happened quite a number of years ago and that the practice in the department is very different now.
Ms Libby Mettam: That is not what they said.
The Speaker: Member for Vasse!
Dr Tony Buti interjected.
The Speaker: Attorney General!
Dr Tony Buti interjected.
The Speaker: Attorney General, please do not interject. Member for Vasse, you asked the question. Listen to the response from the minister.
Ms Libby Mettam: This—
The Speaker: Member for Vasse, I call you to order for the first time.
Mrs Jessica Stojkovski: I can tell the member for Vasse that the way the department handles things is very different from even when my family used to be a foster family. The department learns and adapts to new information and new practices that come through. I am aware of what the lawyer said because it was made public in the news, but I will not comment on the complexity of that individual case itself. I am aware that the department is looking into the case and that if any changes need to be made, they will be.
446. Ms Libby Mettam to the Minister for Child Protection:
I have a supplementary question. Minister, with respect, I have not asked about the role of the State Solicitor's Office—
The Speaker: Member for Vasse, supplementary questions do not have that sort of introduction to them, so no preamble. Ask the question, please.
Ms Libby Mettam: Thank you. Will the minister order a review of the handling of this case by the Department of Communities?
Mrs Jessica Stojkovski replied:
I have just said that the department is looking at the case, as is the case with any of the cases that come before the courts. The department always looks at them to see how it can improve its practice.
