Cahill v State of New South Wales (Department of Education and Training and Department of Juvenile Justice) (No 2) [2008] NSWIRComm 246

Industrial Relations Commission of New South Wales

CITATION: Cahill v State of New South Wales (Department of Education and Training and Department of Juvenile Justice) (No 2) [2008] NSWIRComm 246

PROSECUTOR: John Joseph Cahill PARTIES: DEFENDANT: State of New South Wales (Department of Education and Training and Department of Juvenile Justice)

FILE NUMBER(S): IRC 1390; IRC 1391; IRC 1392 of 2006

CORAM: Schmidt J

Occupational Health and Safety - prosecutions under section 8(1) of the Occupational Health and Safety Act 2000 - Department of Education and Training - School in Juvenile Justice Centre - what systems were established to ensure safety - what were the defendant's safety systems directed at - what were the practical systems in operation - was there ongoing staff discontent as to safety matters - what was the statutory scheme which operated and how did that legislation interact with the obligations imposed on the defendant by the Occupational Health and Safety Act - psychological injury at work - what is 'occupational stress' and 'social support' - expert evidence - whether staff suffered any psychological injury - what is the relevant applicable law so far as psychological injury is concerned

Occupational Health and Safety - events of 10 March 2004 - system failures - causal connection between the defendant's acts and omissions and the materialisation of this risk - particulars of the 10 March charge established

CATCHWORDS: Occupational Health and Safety - events of 15 March 2004 - what risks were staff exposed to - Whether the School Rule system was a cause of violent or aggressive behaviour - were there any bases for safety concerns - causal connection - particulars of the 15 March charge established