Kristine Soutar v The Commissioner of Police

Kristine Soutar, an employee of the New South Wales Police, sought a declaration and injunction that the decision of the Commissioner of Police made on 9 February 2005 was unlawful, and that she was entitled to workers' compensation. The Commissioner's decision was that her psychiatric infirmity was not a result of an action by the Police Force that constituted discipline or a performance appraisal within the meaning of section 11A of the Workers Compensation Act 1987. The dispute centred on whether the plaintiff's psychiatric infirmity was work-related and if the Commissioner's actions constituted discipline or performance appraisal within the statutory definition.

The primary legal issue before the court was whether the Commissioner's actions constituted "discipline" and/or "performance appraisal" under section 11A of the Act. This section excludes from coverage by the Act any psychiatric infirmity that results from an action taken by the employer that constitutes discipline or performance appraisal. The court needed to determine if the modification of the plaintiff's work performance agreement and her subsequent psychiatric infirmity met the statutory criteria. Additionally, the court had to examine the nature of the Commissioner's actions and their relationship to the plaintiff's infirmity.

The court found that the modification of the plaintiff's work performance agreement was not disciplinary in nature but was rather a response to her performance issues. It was determined that the modification did not constitute discipline or performance appraisal as defined by the Act. The court held that the plaintiff's psychiatric infirmity was a reaction to the modification of the agreement, not the modification itself. Consequently, the Commissioner's actions did not fall within the exclusions of section 11A, and the plaintiff's claim for workers' compensation was rejected. The court confirmed the Commissioner's decision, upholding the legality of the actions taken and dismissing the plaintiff's application for compensation.