| CERTIFICATE OF DETERMINATION OF MEMBER | |
| CITATION: | Rees v Catholic Education Office ACT [2025] NSWPIC 445 |
| APPLICANT: | Evan Rees |
| RESPONDENT: | Catholic Education Office ACT |
| MEMBER: | Jane Peacock |
| DATE OF DECISION: | 29 August 2025 |
| CATCHWORDS: | WORKERS COMPENSATION - Workers Compensation Act 1987; psychological injury; injury undisputed; section 11A defence; applicant submitted that the section 11A was not invoked because of an earlier injury and the principles in State Government insurance Commission v Oakley apply; Held – on the evidence that section 11A was invoked; respondent bears the onus of proving its section 11A defence; evidence weighed in the balance; not satisfied, on the balance of probabilities, that the respondent had not discharged its onus of proof that the action taken in relation to discipline was reasonable; applicant not precluded from the recovery of compensation for his psychological injury by reason of the provisions of section 11A; award for the applicant. |
| DETERMINATIONS MADE: | The Commission determines: 1. The respondent pay the applicant weekly compensation, on the basis of pre-injury average weekly earnings of $2,320 (subject to indexation), at the rate of $1,856 (subject to indexation) from 15 July 2022 to date and continuing, pursuant to s 37 of the Workers Compensation Act 1987. 2. The respondent pay the applicant’s s 60 expenses on production of accounts and/or receipts. A brief statement is attached setting out the Commission’s reasons for the determination. |
STATEMENT OF REASONS
BACKGROUND
By Application to Resolve a Dispute (Application), Mr Evan Rees (the applicant), as amended, seeks weekly compensation and compensation for medical expenses as a result of psychological injury in the course of or arising out of his employment as a school teacher.
The respondent is Catholic Education Office ACT (the respondent). The respondent was self-insured at the relevant time for the purposes of workers compensation by Catholic Church Insurances Limited (the insurer).
The respondent denied liability for the claim.
ISSUES FOR DETERMINATION
There is no dispute that the applicant has a psychological injury suffered in the course of or arising out of his employment with the respondent as a teacher.
There is no dispute that the applicant had a prior psychological injury which resulted him going off work in 2018 for which he was paid weekly compensation and compensation for medical expenses.
He was able to return to pre-injury duties at the end of 2018 but remained on anti-depressant medication.
Otherwise matters of agreement were recorded at the conciliation/arbitration as follows:
(a) pre-injury average weekly earnings (PIAWE) is agreed at $2,320;
(b) it is agreed that the applicant has no current capacity for employment for all periods of the claim;
(c) psychological injury on 28 October 2021 is not in dispute but the respondent maintains a dispute under s 11A in relation to discipline;
(d) the applicant’s primary case is that he suffers from an accepted injury in 2018 and that s 11A does not arise in respect of the 28 October 2021 incident to preclude the applicant from the recovery of compensation because the applicant…
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- AGLC
- Rees v Catholic Education Office Act [2025] NSWPIC 445
- Case
- [2025] NSWPIC 445
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the respondent had discharged the onus of proving that its actions regarding the disciplinary measures were reasonable, thus invoking section 11A. The applicant argued that the respondent had not demonstrated the reasonableness of its disciplinary actions and that the principles from State Government Insurance Commission v Oakley should apply. The court had to weigh the evidence and determine if the applicant's psychological injury was due to the disciplinary actions taken by the respondent.
The court found that the respondent had invoked section 11A but failed to meet the onus of proving that its disciplinary actions were reasonable. The evidence presented was not sufficient to satisfy the court, on the balance of probabilities, that the respondent had discharged its burden of proof. Consequently, the applicant was not precluded from recovering compensation for the psychological injury. The court awarded compensation to the applicant, affirming that the respondent had not successfully invoked section 11A as a defence.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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