State of New South Wales v Stockwell

The case of *State of New South Wales v Stockwell* concerned an appeal to the Court of Appeal of New South Wales regarding a workers' compensation claim. The respondent, employed by the Ambulance Service of NSW, suffered a psychological injury during his employment. The central dispute revolved around whether the respondent qualified as a "paramedic" under specific provisions of the *Workers Compensation Act 1987* (NSW) and the *Workers Compensation Legislation Amendment Act 2012* (NSW), which exempted certain emergency service personnel from changes to the workers' compensation scheme.

The legal issues before the court were twofold. Firstly, the court had to determine whether the respondent held the status or designation of a "paramedic" at the time of his workplace injury, notwithstanding that he had not completed certain mandatory courses and examinations required by the relevant industrial award for his classification as an Ambulance Operations Officer. Secondly, the court considered whether the failure to undertake these courses and examinations, as stipulated by a proviso to the award's classification provision, resulted in the loss of his status as an "Ambulance Officer" or "paramedic" for the purposes of the workers' compensation legislation. The court also considered an application for an extension of time to file the notice of appeal.

The Court of Appeal reasoned that the interpretation of the proviso in the industrial award was key. It held that the proviso, which mandated the completion of courses and examinations every two years, did not operate to automatically strip an employee of their classification as an "Ambulance Officer" or "paramedic" upon failure to comply. Instead, the court found that the respondent retained his status as a paramedic at the date of injury, and therefore fell within the exemption under the *Workers Compensation Legislation Amendment Act 2012*. The court also granted the extension of time for the notice of appeal, finding no prejudice to the respondent.

Ultimately, the Court of Appeal dismissed the appeal. The State of New South Wales was ordered to pay the respondent's costs of both the appeal and the application for an extension of time.