DEPARTMENT OF EDUCATION & TRAINING v SINCLAIR [2005] NSWCA 465

New South Wales Court of Appeal

CITATION: DEPARTMENT OF EDUCATION & TRAINING v SINCLAIR [2005] NSWCA 465

HEARING DATE(S): 16 November 2005

JUDGMENT DATE: 20 December 2005

JUDGMENT OF: Spigelman CJ at 1; Hodgson JA at 99; Bryson JA at 100

DECISION: 1 The orders of Sheahan J are set aside; 2 The proceedings are remitted to the Commission for determination in accordance with these reasons; 3 Order the Respondent to pay half the Appellant's costs of the Appeal; 4 The Respondent receive a certificate under the Suitor's Fund Act if otherwise entitled.

CATCHWORDS: WORKERS COMPENSATION – Appeal on question of law – Where employee sustained psychological injury due to disciplinary proceedings – Whether s11A Workers Compensation Act 1987 properly applied – Interpretation of s11A – Interaction with s9A – Discussion of "reasonable action" – Where Court below failed to consider whether the employee's psychological injury was "wholly or predominantly caused" by employer's "reasonable action with respect to discipline" - WORKERS COMPENSATION – Appeal on question of law – Where error of law found – Whether matter should be remitted to Commission for redetermination – Workplace Injury Management and Workers Compensation Act 1998, s353 – Supreme Court Rules, Pt 51 r 23 - WORKERS COMPENSATION – Appeal on question of law – Whether finding that injury sustained "in the course of" employment discloses a question of law – Whether finding that employment was the "substantial cause" of injury discloses a question of law – No question of law – Workplace Injury Management and Workers Compensation Act 1998, s353 – Workers Compensation Act 1987, s4, s9, s9A - WORDS AND PHRASES – "reasonable action"

Supreme Court Rules: Pt 51 r 23 WorkCover Legislation Amendment Act 1995 LEGISLATION CITED: WorkCover Legislation Amendment Act 1996 Workers Compensation Act 1987: Pt 2; ss 4, 9, 9A, 11A Workplace Injury Management and Workers Compensation Act 1998: ss 352, 353