Negligence – Relationship between the Police Service Act 1990 (NSW) and the nature and extent of the duty of care owed by the "Crown" or Commissioner of Police to the respondent police officer.
Negligence – Respondent police officer assisted a stabbing victim without support from nearby police officers - As a result the respondent suffered post- traumatic stress disorder - Whether the "Crown" or Commissioner of Police breached duty of care owed to the respondent by failing to establish a system of work whereby, when possible, the respondent was supported by another police officer - Whether failure of nearby police officers to provide support to respondent was a breach of duty.
Negligence – Breach of duty - Foreseeability of risk of injury - Whether Wyong Shire Council v Shirt (1980) 146 CLR 40 should be overruled.
Words and phrases – "breach of duty" - "calculus of negligence".
Police Service Act 1990 (NSW) – s 201.
Judgment date
Case number
S341/2006
Before
Gleeson CJ, Gummow, Kirby, Hayne, Callinan, Heydon, Crennan JJ
Catchwords