Lanham v Commissioner of Police [2009] NSWDC 89

New South Wales District Court

CITATION: Lanham v Commissioner of Police [2009] NSWDC 89

HEARING DATE(S): 29 and 30 April 2009

JUDGMENT DATE: 22 May 2009

JURISDICTION: Civil

JUDGMENT OF: Hungerford ADCJ

(1) Order that the decision of the delegate of the defendant dated 7 April 2008 that the suffering by the plaintiff of the infirmity of "chronic post traumatic stress disorder" as specified in the certificate of the Police Superannuation Advisory Committee dated 27 March 2008 was not caused by the plaintiff being hurt on duty, in terms of section 10B(3)(a) of the Police Regulation (Superannuation) Act 1906, be set aside. DECISION: (2) Order that the suffering by the plaintiff of the infirmity of "chronic post traumatic stress disorder" as specified in the certificate of the Police Superannuation Advisory Committee dated 27 March 2008 was caused by the plaintiff being hurt on duty in terms of section 10B(3)(a) of the Police Regulation (Superannuation) Act 1906 and the date of injury was 12 June 2007. (3) Order that the defendant pay the plaintiff's costs of the proceedings in an amount as agreed or assessed.

CATCHWORDS: POLICE - Psychological injury - Chronic post traumatic stress disorder - Hurt on duty - Whether caused during employment - Employment as a substantial contributing factor to injury - Disease contracted by a gradual process - Date injury occurred

Police Act 1990, ss 14(1) and 181D LEGISLATION CITED: Police Regulation (Superannuation) Act 1906, ss 1(1), 10, 10B(2)(c), 10B(3)(a), 21(1)(b), 21(4), 21(5), 21(6) and 21(8) Workers Compensation Act 1987, ss 4(a), 4(b)(i), 9A(1), 11A(1) and 15(1)(a)(i)

CASES CITED: Murray v Commissioner of Police [2004] NSWCA 365; (2004) 2 DDCR 31 Saad v Commissioner of Police (1995) 12 NSWCCR 70