State of Queensland v Roane-Spray

The State of Queensland was the defendant in a negligence claim brought by the respondent, who was injured when a paramedic attempted to move her using a stretcher that collapsed. The claim was brought against the State of Queensland on the basis of vicarious liability, as the paramedic was employed by the State. The trial judge awarded damages to the respondent, rejecting the State's reliance on a statutory defence under s 27 of the Civil Liability Act 2003. The court was required to determine whether the statutory protection from civil liability afforded to the Queensland Ambulance Service, a prescribed entity under the Civil Liability Regulation 2003, could be extended to the State of Queensland.

The court held that the statutory protection was not available to the State of Queensland as it was not a prescribed entity. The court found that the reference to the Queensland Ambulance Service in the regulation did not include the State of Queensland. The court concluded that the statutory protection was only available to the prescribed entities listed in the regulation and did not extend to the State of Queensland as the employer of those entities. The appeal was dismissed, and the appellant was ordered to pay the respondent's costs of the appeal.