Kristine Soutar v The Commissioner of Police [2006] NSWDC 95

New South Wales District Court

CITATION: Kristine Soutar v The Commissioner of Police [2006] NSWDC 95

HEARING DATE(S): 05/09/2006-07/09/2006 EX TEMPORE JUDGMENT DATE : 09/07/2006

JURISDICTION: Civil (Residual Jurisdiction)

JUDGMENT OF: Neilson DCJ at 1

DECISION: The decision of the Commissioner of Police made on 9 February 2005 is confirmed

CATCHWORDS: Finger Print Expert had become de-skilled - Placed on Work Performance Agreement - Certified psychiatric infirmity held to result from plaintiff's reaction to a modification of the Agreement - Whether defendant's action "discipline" and/or "performance appraisal" within the meaning of section 11A of the Workers Compensation Act 1987

Police Regulation (Superannuation) Act 1906 LEGISLATION CITED: Workers Compensation Act 1987 Police Act 1990 Police Regulation 2000

Davie v The Edinburgh Magistrates 1953 SC 34 Kooragang Cement Pty Limited v Bates (1994) 35 NSWLR 452 Mercer v ANZ Banking Group Limited (2000) 48 NSWLR 740 Kushwaha v Queanbeyan City Council (2002) 23 NSWCCR 339 CASES CITED: Commission for the Safety, Rehabilitation and Compensation of Commonwealth Employees v Chenhall (1992) 37 FCR 75 Ritchie v Department of Community Services (1998) 16 NSWCCR 727 Department of Education and Training v Sinclair [2005] NSWCA 465 Hunt v Department of Education and Training (2003) 24 NSWCCR 642 Bottle v Wieland Consumables Pty Limited (1999) 19 NSWCCR 135 Yeo v Western Sydney Area Health Service (1999) 17 NSWCCR 573