State of New South Wales v Chapman-Davis

The Court of Appeal of New South Wales considered an appeal by the State of New South Wales against a declaration made by the Industrial Court. The dispute concerned whether the respondent, Mr. Chapman-Davis, was classified as a 'paramedic' under the *Workers Compensation Act 1987* (NSW) at the time he sustained a workplace injury. Mr. Chapman-Davis was employed by the Ambulance Service of NSW as a paramedic under an operational award, but at the time of his injury, he was on secondment to a different position as a Health Advisor.

The central legal issue before the Court of Appeal was whether Mr. Chapman-Davis's appointment to the Health Advisor position altered his status as a 'paramedic' for the purposes of the *Workers Compensation Act 1987*, particularly in light of legislative changes to the workers' compensation scheme that exempted certain classes of workers, including paramedics, from detrimental amendments. The court had to determine whether the exemption focused on the worker's substantive classification or the actual duties performed at the time of injury, and whether the subsisting contract of employment for his substantive paramedic role was determinative.

The Court of Appeal reasoned that the exemption in the *Workers Compensation Legislation Amendment Act 2012* (NSW) was intended to apply to individuals holding a substantive classification as a paramedic, firefighter, or police officer, regardless of whether they were temporarily performing different duties. The court found that Mr. Chapman-Davis's contract of employment for his substantive paramedic position continued to subsist during his secondment, and his application for the secondment indicated an intention to maintain his operational paramedic role. The court applied the principle of beneficial construction to workers' compensation legislation, interpreting the exemption in favour of the worker.

Consequently, the Court of Appeal granted leave to appeal but ultimately dismissed the appeal, ordering the appellants to pay the respondent's costs.