Paul v State of New South Wales

The case of Paul v State of New South Wales involved a former police officer, Paul, who was part of a team investigating institutional responses to child sex abuse as part of a Royal Commission. Paul sought damages for the psychological injuries he suffered, claiming that the State of New South Wales failed in its duty of care towards him as a member of the NSW Police Force. The central issues were whether the state breached its non-delegable duty to provide a safe system of work and whether this breach led to Paul’s post-traumatic stress disorder (PTSD).

The court had to determine if the superior officers knew or should have known of the risk of Paul suffering psychiatric injury given that he had sought counselling through the "WellCheck" program but was not provided with the necessary support. Additionally, the court examined whether the superior officers acted reasonably in not referring Paul for appropriate psychiatric or psychological assessment and counselling. The causation aspect of the case involved establishing whether Paul’s PTSD would have been prevented or mitigated had there been earlier intervention.

The court found that the State of New South Wales breached its duty of care by failing to provide the necessary support to Paul, which directly led to his PTSD. The court held that the superior officers ought to have recognised the risk of Paul suffering psychiatric injury and should have referred him for appropriate assessment and treatment. Consequently, Paul was awarded $1,828,862 in damages, reflecting the extent of his injury and the impact on his residual capacity for employment. The State of New South Wales was ordered to pay Paul’s costs.