Graham v State of Queensland
[2022] QSC 228 · Crow J
Mr Graham worked as a corrective services officer at a Queensland prison, where he joined the correctional response team and was regularly involved in dangerous and violent situations with prisoners. He developed post-traumatic stress disorder and severe depression and stopped work. To pursue a workers' compensation common-law claim against his employer, the State of Queensland, he had to give a formal Notice of Claim for Damages. The State argued the notice was invalid because Mr Graham had not given enough detail about the events that caused his injury, in particular which specific incidents he relied on. Mr Graham said his injury arose from the cumulative nature of the role over time, not from any single incident, so listing incidents was unnecessary. The court agreed with Mr Graham. It held that the notice only had to describe the facts and circumstances surrounding the injury, which it did, and declared the notice valid so the claim could proceed. The judge noted a properly particularised statement of claim would still be needed later.
Incident & injury
Continuous/repeated exposure to traumatic and stressful prisoner situations as a member of the correctional response team over a period from 1 November 2019 to 1 December 2020, allegedly causing psychiatric injury
- Body regions
- Psychiatric
- Diagnoses
- Post-Traumatic Stress Disorder, Major depressive disorder (severe) with melancholic features
- Location
- Maryborough Correctional Centre, Queensland
Quick facts
- Date of judgment
- 20 October 2022
- Claim type
- WCRA Common Law
- Proceeding
- Interlocutory
- Plaintiff outcome
- Successful
- Occupation
- Corrective services officer (correctional response team / tactical response officer) Community & Personal Service Worker
Outcome
The court declared that the applicant's Notice of Claim for Damages dated 29 April 2022 complied with s 275 of the Workers' Compensation and Rehabilitation Act 2003 (Qld). The applicant's description of his work and circumstances, while inadequate for a pleading, satisfied the lesser requirement in reg 120(b) of the WCRR.
Key issues
Graham v State of Queensland [2022] QSC 228
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