Australia, Aug. 23 -- New South Wales Land and Environment Court issued text of the following judgement on July 23:
1. Before the Court for its consideration is an oral application by the plaintiff for orders that a Notice of Motion filed on 29 April 2025 seeking leave to commence proceedings pursuant to s.151D of the Workers Compensation Act 1987 (NSW) be adjourned for determination by the trial judge.
2. The background to the matter is that the plaintiff was a police officer from 8 May 2009 to 27 April 2023 when she was retired on medical grounds. Her last active day of service was in 2021.
3. The plaintiff claims that she has suffered psychiatric injuries which were negligently caused by the defendant to her by a combination of:
a) Bullying/harassment/sexual harassment by other more senior police officers; and
b) Exposure to a significant number of traumatic and distressing incidents in the course of her duties including fatal car accidents, numerous suicides, and the aftermath of domestic violence and murders, to mention just a few of the examples particularised.
4. The plaintiff alleges that her mental anguish was obvious to other officers including more senior officers in the course of her police officer duties.
5. On the application, the plaintiff read the affidavits of Natalie Butcher dated 13 May 2025 and of the plaintiff, SM, dated 14 May 2025. The plaintiff also tendered a report from her treating psychologist, Patricia Santoso, dated 22 July 2025.
6. The basis of the application is that having regard to the plaintiff's psychiatric conditions, it is in the interests of justice and in her medical interests that she be subject to giving oral evidence on only one occasion and that the s.151D application should therefore be stood over to be considered by the trial judge.
7. Annexed to the affidavit of Ms Butcher is a considerable amount of psychiatric and other evidence which the Court takes into account. In particular, the Court takes into account the following matters:
a) The plaintiff's statement dated 26 July 2022 annexed to the plaintiff's 14 May 2025 affidavit;
b) The opinions expressed by Ms Butcher at paragraphs 38 to 39 of her affidavit;
c) The report of Dr Graham George dated 12 July 2022, especially at pp 5 to 7;
d) The report of Dr Assad Saboor dated 11 November 2022, especially at pp 3 to 4;
e) The report of Dr Samuel Lim dated 25 March 2024, especially at pp 19 to 22, 25 (paragraph 14) and 33 (paragraph 28).
8. Those medical reports do not expressly state that it would be deleterious to the plaintiff's psychiatric condition to be required to give oral evidence on two occasions. The report of psychologist Ms Santoso dated 22 July 2025 does say that.
*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/198832f85bbbddbd3e81d83b)
Disclaimer: Curated by HT Syndication.
