Hall v State of New South Wales (Department of Corrective Services). Hall v State of New South Wales (Department of Education and Communities). [2013] NSWDC 66

District Court New South Wales

Medium Neutral Citation: Hall v State of New South Wales (Department of Corrective Services). Hall v State of New South Wales (Department of Education and Communities). [2013] NSWDC 66 Hearing dates: 13/05/2013 - 17/05/2013 Decision date: 21 May 2013 Jurisdiction: Civil Before: Elkaim SC DCJ Decision: See paragraphs 121 and 122 Catchwords: Psychiatric injury, school in maximum security juvenile prison, causation. Legislation Cited: Civil Liability Act 2002 District Court Act 1973 Workers Compensation Act 1987 Category: Principal judgment Parties: Sally Hall (Plaintiff) State of New South Wales (Department of Corrective Services) State of New South Wales (Department of Education & Communities) Representation: A Black SC and E Welsh (Plaintiff) E Brus (Defendant) I Roberts SC (Defendant) Federation Law (Plaintiff) Crown Solicitor's Office (NSW) (Defendant) Leslie Hargrave Pty Ltd (Defendant) File Number(s): 2010/00347906 2011/00152206 Publication restriction: Suppression order relating to the names of inmates in the Juvenile Correction Centre. Suppression order relating to the publication of Exhibit C

Judgment 1The plaintiff was born in 1950. She became a high school teacher. She spent a number of years in country schools, often following the work places of her husband. In 2012 she commenced working at the George Anderson Walpole School, which is situated in the Kariong Juvenile Correctional Centre ("Kariong") and caters for the education needs of the inmates. Kariong is a maximum security institution. 2On 5 November 2007 an incident occurred at the school as a result of which the plaintiff alleges she suffered a major psychiatric injury. She blames the Department of Corrective Services and the Department of Education and Communities for her injury. She has sued each of these departments by separate proceedings. 3Proceedings No 2010/347906 are against the Department of Corrective Services ("DCS"). Proceedings No 2011/152206 are against the Department of Education ("DEC"). Both departments are sued as the State of New South Wales. On 18 May 2011 an order was made that the proceedings be heard concurrently. I added to this order to the effect that evidence in one case would be evidence in the other. 4There is no relevant difference between DEC and the Department of Education and Training ("DET"). 5The parties agreed that there be one set of reasons dealing with both cases. 6The case against DCS is governed by the Civil Liability Act 2002 (the "CLA"). The plaintiff has claimed damages under the following heads: non-economic loss, past and future medical expenses, past and future economic loss and past gratuitous care. 7The other proceedings, against DEC, fall under the Workers Compensation Act 1987 (the "WCA"). In this case the plaintiff has claimed damages for past and future economic loss only. This is due to the provisions of Section 151G of the WCA. There is no dispute that the plaintiff has met the 15% impairment threshold stipulated by Section 151H. 8Section 151Z is also important to the assessment of damages in both cases. 9Both DCS and DEC have denied liability and also challenged the extent of the plaintiff's claim on quantum. Ultimately however DEC accepted that its liability would follow a finding of liability on the part of DCS. This was because it owed a non-delegable duty of care to the plaintiff. Both defendants also accepted the plaintiff's quantification of a number of heads of damage.