NSW v Rogerson

[2007] NSWCA 346

NSW Court of Appeal

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Interrogate

Catchwords

1. Negligence
2. › Duty of care
3. › Employer's duty
4. › Safe system of work
5. › Psychiatric injury
6. › Whether police service owed duty of care to protect officer from psychiatric injury arising from workplace incidents
7. › Whether incidents were breaches of duty of care
8. › Foreseeability of psychiatric harm
1. Negligence
2. › Duty of care
3. › Public authorities
4. › Statutory powers
5. › Management decisions
6. › Whether Commissioner's decisions in management of Police Force justiciable in negligence
7. › Decisions involving political factors or constraints
8. › Police Act 1990 (NSW), s 8(1)
1. Police
2. › Commissioner of Police
3. › Management and control of Police Force
4. › Promotion procedures
5. › Internal complaints
6. › Whether exercise of statutory powers in management of Force justiciable
7. › Police Act 1990 (NSW), ss 8(1), 139(2), 139(4)
1. Negligence
2. › Duty of care
3. › Employer's duty
4. › Internal complaints and grievance procedures
5. › Whether employer owes common law duty of care in dealing with official complaints

Quick Take

The Commissioner of Police's decisions in the management and control of the Police Force, including decisions about nominations for secondment, handling of internal complaints, and transfers, are not justiciable in a common law negligence action. The Police Service does not owe a common law duty of care to officers in relation to promotion procedures or the investigation of internal complaints. Visible upset following workplace incidents does not make psychiatric injury reasonably foreseeable.