State of New South Wales v Karen Therese Stevens

The Court of Appeal of New South Wales heard an appeal concerning a claim of negligence brought by Karen Therese Stevens against the State of New South Wales. Ms Stevens, a speech pathologist employed by the Department of Community Services, was working at a school when she allegedly suffered injury due to the violent behaviour of a child. The dispute centred on whether the Department of Education and Training owed Ms Stevens a duty of care to protect her from such violence, and if so, whether that duty had been breached.

The primary legal issues before the court were whether the Department of Education and Training owed a duty of care to Ms Stevens, a visiting employee of another government department, to protect her from violence by a student. The court also had to determine if this duty, if it existed, was breached, particularly given the child's autism and severe intellectual disability. A further question was whether a breach could be established in the absence of expert evidence, and finally, whether section 151Z(2) of the *Workers' Compensation Act 1987* (NSW) should be applied to reduce any damages awarded.

The court reasoned that the Department of Education and Training did owe a duty of care to Ms Stevens, as she was working within their premises and under their general supervision. However, the court found that the specific circumstances of the child's disability and the existing safety measures meant that the Department had not breached its duty of care. The court held that in the absence of expert evidence establishing a failure to meet the standard of care expected in such a situation, a breach could not be proven. Consequently, the appeal was allowed, and the original orders were set aside.