See v Commissioner of Police [2017] NSWDC 6

District Court New South Wales

Medium Neutral Citation: See v Commissioner of Police [2017] NSWDC 6 Hearing dates: 23 – 26 February 2015; 19 – 20 March 2015; 8 – 9 April 2015 Date of orders: 03 February 2017 Decision date: 03 February 2017 Jurisdiction: Civil Before: Neilson DCJ Decision: Set aside the decision of the defendant made on 19 August 2014.

Determine that the suffering by the plaintiff of the infirmity of "chronic major depressive disorder" was caused by his having been hurt on duty. Deemed date of injury 8 April 2009.

Order the defendant to pay the plaintiff's costs. Catchwords: POLICE SUPERANNUATION – Whether P "hurt on duty" – P was shift supervisor at Lithgow on a Saturday night/Sunday morning when he received a report that a young woman was "missing" and could be in danger – Two other young woman had been assaulted earlier when seeking to meet up with the first young woman – Only one car crew available, but were processing an offender who had been arrested for a PCA offence and was in custody – Patrol commander had directed that at night no officer should work "one out" i.e. alone – P's inaction caused a delay of between 40 and 45 minutes in following up the report – Next day, young woman found murdered – Complaint by member of public who made initial report about police inaction – Adverse media coverage – Internal police enquiry does not sustain complaint of dereliction of duty – Complaints to Ombudsman – Ombudsman's report criticises P and the internal police enquiry – COP acquiesces in Ombudsman's findings – P reprimanded by DCOP – Adverse psychological reaction to investigations, disciplinary action and media coverage – P medically discharged with infirmity of "chronic major depressive disorder – Whether infirmity caused by P's having been HOD