Sills v State of New South Wales

The appeal in *Sills v State of New South Wales* concerned a former police officer's claim against the State of New South Wales for psychological injury sustained during her service. The appellant alleged a breach of a non-delegable duty of care by the New South Wales Police to prevent such injury. The case was heard by Payne JA, Sackville AJA, and Simpson AJA.

The central legal issues before the court were whether the New South Wales Police had breached its duty of care to the appellant by failing to implement an adequate system for detecting and addressing psychological injury, and specifically, whether the failure to act on recommendations from a Police Medical Officer and a Police Psychologist constituted such a breach. The court also considered whether the Police were entitled to assume the appellant's psychological problems had resolved upon her return to duty, and whether the appellant's own conduct contributed to her injury, or if such conduct was a consequence of the alleged breach.

The Court of Appeal allowed the appeal, setting aside the primary judge's orders. The reasoning involved a determination that the State had breached its duty of care to the appellant. The court found that the existing procedures for identifying officers at risk of psychological injury were not sufficiently robust and that the failure to act on the advice of medical professionals was a critical factor in establishing this breach. The court also determined that the appellant's conduct was not contributory negligence but rather a product of the breach of duty.

Consequently, the Court of Appeal directed the parties to agree on calculations for the judgment amount, including compensation under the *Workers Compensation Act 1987* (NSW), reimbursement for weekly compensation payments, and interest. The State was ordered to pay the appellant's costs in both the District Court and the appeal proceedings.