The Corporation of the Synod of the Diocese of Brisbane v Greenway

The case of The Corporation of the Synod of the Diocese of Brisbane v Greenway involved a claim by the respondent, Greenway, who was employed by the appellant, the Synod, as a community support worker. The respondent alleged that she contracted Post Traumatic Stress Disorder (PTSD) due to a work-related incident where she was working alone with a 15-year-old boy with a history of drug use and aggressive, sometimes criminal behaviour. The respondent claimed that the Synod was negligent in its response to her distress following the incident, which exacerbated her PTSD. The primary legal issues in this case revolved around the causation of the respondent's PTSD and whether the Synod's negligence contributed to it. The Court had to determine if the Synod's breach of duty was a necessary condition for the respondent's injury, as required by s 305D(1)(a) of the Workers’ Compensation and Rehabilitation Act 2003 (Qld).

The Court's reasoning was based on the statutory provision s 305D(1)(a), which requires a determination of factual causation using the "but for" test. The Court found that the trial judge had erred in applying the statutory provision, as she did not consider whether, but for the Synod's negligence, the respondent would not have suffered the injury. The Court held that the statutory provision was a statement of the "but for" test of causation and that the trial judge's conclusion that the Synod's breach of duty was a necessary condition of the respondent's injury was inconsistent with this test. The Court further noted that the respondent did not argue or plead at trial that this was an exceptional case where a breach of duty which did not satisfy the "but for" test should be accepted as satisfying the requirement of factual causation. The evidence of the psychiatrists did not support a finding that the Synod's negligence exacerbated the PTSD.

The Court concluded that the respondent had not discharged her onus to prove that the damage was caused by the Synod's negligence under s 305D Workers’ Compensation and Rehabilitation Act 2003 (Qld). The appeal was allowed, the judgment was set aside, and judgment was entered for the appellant against the respondent. The Court ordered the respondent to pay the appellant's costs unless written submissions seeking a different order were filed within 14 days of the date of the judgment.