Wallace v State of New South Wales

The plaintiff, a police officer, brought proceedings against the State of New South Wales alleging negligence. The officer claimed to have suffered post-traumatic stress disorder (PTSD) as a result of his employment and contended that the State had breached its duty of care owed to him. The matter was heard on appeal before Handley JA, Ipp JA, and Bryson JA.

The central legal issues before the Court of Appeal were whether the State of New South Wales had breached its duty of care to the plaintiff by failing to provide appropriate training and support to mitigate the risk of him developing PTSD, and whether any such breach had caused the plaintiff's condition.

The Court of Appeal considered the established principles of negligence, particularly the duty of care owed by an employer to an employee. It was held that while an employer owes a duty to take reasonable steps to protect employees from foreseeable risks of psychiatric injury, the employer is not an insurer of the employee's mental health. The Court examined the evidence regarding the training and support provided by the police force and concluded that the State had taken reasonable steps in the circumstances. The Court found that the plaintiff's PTSD was not a foreseeable consequence of the State's actions or omissions, and therefore, no breach of duty had occurred.

The appeal was dismissed with costs.