DJW v State of Queensland
[2023] QSC 138 · Crowley J
The plaintiff, known by the pseudonym DJW, is an Aboriginal man who as a young boy in the early 1960s lived in State-run dormitories at Cherbourg. He claimed he was repeatedly sexually abused by older residents and physically abused by staff, and that this caused him lifelong psychiatric injuries including post-traumatic stress disorder, depression, and alcohol and gambling problems. He sued the State of Queensland, arguing it failed to properly supervise and protect him. The State applied to permanently stop the case from going ahead, arguing it could not get a fair trial. By the time the claim was brought, around 60 years had passed, all the alleged abusers and the staff who ran the dormitories had died, and no documents recorded the abuse. The judge agreed that because the State had no way to investigate or respond to the core allegations, a trial would be unfair and amount to an abuse of process. The case was permanently stayed, meaning it cannot proceed, and the plaintiff was ordered to pay the State's costs.
Incident & injury
Alleged repeated sexual abuse by older female residents, physical abuse with a fire hose by supervising staff, and a single sexual assault at a camp, while a child resident in State-run dormitories in the early 1960s
- Body regions
- Psychiatric
- Diagnoses
- Chronic Post-Traumatic Stress Disorder, Major Depressive Disorder / Persistent Depressive Disorder, Alcohol Dependence / Alcohol Abuse Disorder, Gambling Disorder
- Location
- Cherbourg Girls' Dormitory and Boys' Dormitory, Cherbourg
Quick facts
- Date of judgment
- 19 October 2023
- Claim type
- Historical Abuse
- Proceeding
- Interlocutory
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- 4
- Occupation
- Minor / Child
Outcome
The State's application for a permanent stay was granted. The Court held that because all alleged perpetrators and supervisory staff were deceased and there were no documentary records of the alleged abuse, the State could not meaningfully respond to the foundational allegations, rendering a fair trial impossible. The proceedings were permanently stayed and the plaintiff ordered to pay the State's costs.
Key issues
DJW v State of Queensland [2023] QSC 138
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