› Commissioner of Police owes non-delegable duty to members of NSW Police Force
› Duty owed by Commissioner of Police is in the nature of an employer’s duty in common law
› Duty to provide safe system of work for members of the NSW Police Force
› The Crown is liable for conduct of the Commissioner of Police and his delegates
› The State of NSW as defendant in proceedings against the Crown.
Negligence
› Causation
› The test under s 5D of the Civil Liability Act 2002
› Whether the plaintiff would have developed PTSD but for the failure of his superior officers to refer him for psychiatric or psychological assessment
› Whether the evidence establishes that early intervention in the treatment for PTSD in the plaintiff would, on the balance of probabilities, have prevented his present injury.
Damages
› Assessment of damages for personal injury
› Where there is evidence that the plaintiff would have continued in the NSW Police Force at the rank of an inspector
› Whether the plaintiff is fit for other forms of employment outside of personal protection
› Assessment of non-economic loss
› Assessment of future economic loss under s 13 of the Civil Liability Act 2002.
Evidence
› Applicable principles where there has been a lack of cross-examination on disputed facts
› Importance of contemporaneous documents and records.
Case Details
Citation[2010] NSWSC 1039
CourtNSWSC
JurisdictionNew South Wales
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