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Work Stress, Vicarious Trauma and the Public Mental Health Framework ('PMHF')

On Tuesday 5 September 2023, Health Law and Ethic Network held their September 2023 Monthly Lunchtime seminar on 'Work Stress, Vicarious Trauma and the Public Mental Health Framework ('PMHF'): Kozarov v Victoria [2022] HCA 12 and its Aftermath'. This seminar was presented by Ian Freckelton KC and Dr Kay Wison, Melbourne Post-doctoral Research Fellow and Co-Convenor of the Disability Law Network at Melbourne Law School. Research on the Social Determinants of Health (‘SDH’) and Mental Health (‘SDMH’) has revealed that work stress and sexual violence can have deleterious impacts on health and, in particular, mental health.  A Public Mental Health Framework (PMHF) approach argues that law and policy are important in preventing mental ill-health and promoting well-being.  Therefore, the 2022 decision of the Australian High Court in Kozarov v Victoria, in which a lawyer from the Office of Public Prosecutions (‘OPP’) who worked in the Specialist Sex Offences Unit (‘SSOU’) successfully claimed damages for vicarious trauma, has significant implications for the legal profession and those who are employed in emotionally demanding work.  This seminar provided commentary on the Kozarov decision, within the context of other Australian case law including subsequent cases. It explores the significance of Kozarov and post-Kozarov authority for the development of (i) the law in ‘work stress’ cases; (ii) employers in the wake of the decision, including the OPP; and (iii) the PMHF in relation to work stress and sexual violence as SDH and SDMH.