NSW v Skinner

[2022] NSWCA 9

NSW Court of Appeal

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Interrogate

Catchwords

1. Negligence
2. › Employer's duty of care
3. › Police officers
4. › Psychiatric injury
5. › Systems of work
6. › Failure to conduct mental health assessment
7. › Whether breach of duty in failing to refer officer for psychiatric assessment
1. Negligence
2. › Breach of duty
3. › Standard of care
4. › Foreseeability of risk
5. › Objective test
6. › Whether psychiatric harm to officer reasonably foreseeable
7. › Whether actual foresight by commanding officer required
1. Negligence
2. › Causation
3. › Factual causation
4. › Exacerbation of pre-existing condition
5. › Whether failure to assess caused major depressive disorder
6. › Whether failure to assess caused PTSD
7. › Whether plaintiff would have disclosed condition if referred for assessment
1. Negligence
2. › Damages
3. › Concurrent causes
4. › Non-tortious psychiatric condition
5. › Reduction for contingencies
6. › Whether non-tortious PTSD properly taken into account in assessing damages
7. › Malec v JC Hutton Pty Ltd (1990) 169 CLR 638

Quick Take

An employer's failure to refer a police officer for formal psychiatric assessment when on notice of depressive symptoms constitutes a breach of duty, and contributory negligence will not be found where the employer's own psychologist failed to make adequate inquiries.

Case Details

Citation[2022] NSWCA 9

CourtNSWCA

JurisdictionNew South Wales

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Cited by5

2025Patiniotis v GarlingTASFC 5
and 4 more after sign-in

Relies on14

2021Skinner v The State of New South Wales (No 2)NSWDC 49
2021Skinner v The State of New South Wales (No.3)NSWDC 115
2019Sills v State of New South WalesNSWCA 4
2018Strategic Formwork Pty Ltd v HitchenNSWCA 54
and 10 more after sign-in

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