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Legal Issues

SAFESELECT recognises - through long experience - that using psychometric testing to assist with hiring decisions means that the system which is used must be legally defensible.

We are available to assist clients with any enquiries which may emerge concerning the application of our system. This includes providing evidence about the reliability and validity of our findings. 

Should a matter require litigation, our Director, Dr Byrne, is available to serve as an expert witness. He is an experienced court room expert, having given evidence in most States and Territories in Australia at all levels of the court system.

Dr Byrne's experience includes teaching judges, barristers, solicitors, police prosecutors and a range of mental health professionals about the role of experts in the courtroom.

Australian Case Law

 
Legal cases which may be of interest are listed below. 

State of New South Wales -v- Seedsman 

A Police Officer successfully sued her employer based on a mental injury. Ms Seedsman suffered from Post-Traumatic Stress Disorder associated with her work. The NSW Appellate Court concluded that the Police Service had not provided a safe working environment. She was awarded $125, 000. 

For a full report go to http://www.austlii.edu.au and view under Cases & Legislation/NSW/NSW Case Law - Supreme Court of NSW - Court of Appeal Decisions 1999/Case Name Search/Seedsman. 

Borg -v - Commissioner, Department of Corrective Services & Anor

A Correctional Officer successfully sued her employer for sexual harassment, discrimination based on gender and victimisation. Although her senior officers denied any of the allegations, the Tribunal found that both her supervisor and her employer were liable for damages. This case confirmed the legal principle that an employer is responsible for the behaviour of its employees. 

For a full report go to http://www.austlii.edu.au and view under Cases & Legislation/NSW/NSW Case Law - Administrative Decisions Tribunal of NSW/Case Name Search/Borg then select NSW ADT42 (26 March 2002). 

Rutherford -v - Wilson and State of Queensland

A woman who was employed with the Department of Premier & Cabinet in Queensland made an allegation of sexual abuse. In its defence the Government submitted that if the abuse had taken place, the Government was not responsible. The Anti-Discrimination Tribunal Queensland concluded that the abuse had taken place, and that the employer was responsible for the behaviour of its employee. 

For a full report go to http://www.austlii.edu.au and view under Cases & Legislation/Qld Case Law - Anti-Discrimination Tribunal Queensland 1997/Search Decisions/Rutherford and then select QADT7.

News & Blog

Coroner's Court NSW: Inquest into the Fire at Quaker's Hill Nursing Home

11 September 2015

Mr. Roger Dean was hired to work as a nurse on the night shift at this nursing home.  He began employment on September 13, 2011.  He was hired on the basis of one interview and confirmation that he held a nursing certificate. His resume showed that he had worked at a cake shop since 2007.  It was later revealed that the shop was owned by his domestic partner.  (Why a registered nurse would spend four years working in a cake shop was never queried.)  His last experience working in aged care was listed as being in 2001-2002.  In fact, he had been employed in numerous aged care roles before applying to Quakers Hill, and as was later discovered, had difficulty at each of them.

Client Testimonials

  • Jenny Kitchin - Director of Community Services, Anglicare ACT

  • Athena Ermides - General Manager, Berlasco Court Caring Centre

  • Sandy Van Houwelingen - Supervising Fisheries and Marine Officer, Training and Development, Department of Fisheries, West Australia

  • Grant Lupton - CEO and Chief Fire Officer, South Australian Metropolitan Fire Service

  • Ian Lanyon - Director, Secure Services, Department of Human Services