New South Wales v Fahy
Encyclopedia
On 22 May 2007, the High Court of Australia
handed down a judgment in the case of New South Wales v Fahy. The proceedings were started by Gemma Fahy, a former police officer in New South Wales
, who sued the state for (amongst other grounds) failing to provide a safe working environment. The Court also considered whether Wyong Shire Council v Shirt, the main Australian test for a breach of duty of care
, should be overturned - in the end, ruling that it remains good law.
, Gemma Fahy, was a constable in the New South Wales Police Force in August 1999 when, as part of her duties, she attended the scene of a robbery with her partner, Senior Constable Evans. Near the scene, she attended to one of the victims who had suffered multiple injuries and was fearing for his life. Whilst she was attending to him, Senior Constable Evans and another senior police officer had left Fahy on her own.
It was found at trial, and at the New South Wales Court of Appeal, that Fahy had suffered significant psychological trauma as a result of the incident. Some of this she had attributed to the failure of her partner, Senior Constable Evans, or of other officers to come to her aid.
The primary issue before the High Court of Australia
was whether non-compliance with this "buddy system" (of having partners, when together, stay together) had resulted in harm to Fahy that was reasonably foreseeable.
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
handed down a judgment in the case of New South Wales v Fahy. The proceedings were started by Gemma Fahy, a former police officer in New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
, who sued the state for (amongst other grounds) failing to provide a safe working environment. The Court also considered whether Wyong Shire Council v Shirt, the main Australian test for a breach of duty of care
Duty of care
In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant...
, should be overturned - in the end, ruling that it remains good law.
Facts of this Case
The PlaintiffPlaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
, Gemma Fahy, was a constable in the New South Wales Police Force in August 1999 when, as part of her duties, she attended the scene of a robbery with her partner, Senior Constable Evans. Near the scene, she attended to one of the victims who had suffered multiple injuries and was fearing for his life. Whilst she was attending to him, Senior Constable Evans and another senior police officer had left Fahy on her own.
It was found at trial, and at the New South Wales Court of Appeal, that Fahy had suffered significant psychological trauma as a result of the incident. Some of this she had attributed to the failure of her partner, Senior Constable Evans, or of other officers to come to her aid.
The primary issue before the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
was whether non-compliance with this "buddy system" (of having partners, when together, stay together) had resulted in harm to Fahy that was reasonably foreseeable.