This case involved a claim in respect of hearing impairment and post-traumatic stress disorder. It was settled on the basis of the risk of a court award as advised by senior council. In assessing quantum, consideration was given to the claim alleging hearing impairment only. Settlement was on a "without prejudice" basis and liability was never conceded on any issue.
In relation to post-traumatic stress disorder generally, it has been always been recognised that military personnel may be exposed to traumatic situations leading to what has in the past been described as "battle stress disorder". Indeed, one of the aims of military training is to create a sense of comradeship and mutual support to enable personnel to cope with the stress which is an inevitable part of military operations from time to time. Support from commanders, from the medical corps and from the chaplaincy service have always been available when required. In more recent times, following developments in the medical sciences which have led to the identification of what we now call post-traumatic stress disorder, procedures have been put in place which formalise these traditional support systems throughout the Defence Forces.
The Defence Forces now operate a stress management and post-traumatic stress disorder programme the purpose of which is to educate personnel in stress recognition and to provide support to personnel so that they can deal with trauma and stressful situations in an appropriate and timely manner. This programme is implemented through the Defence Forces psychologist, the personnel support service and the chaplaincy service.