State of New South Wales v Chapman-Davis [2016] NSWCA 237

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: State of New South Wales v Chapman-Davis [2016] NSWCA 237 Hearing dates: 4 April 2016 Decision date: 02 September 2016 Before: McColl JA at [1]; Gleeson JA at [2]; Sackville AJA at [100] Decision: (1) Grant leave to appeal.

(2) Appellants to file a notice of appeal in terms of the draft contained in the White Book within ten days.

(3) Appeal dismissed.

(4) Appellants to pay the respondent's costs of the appeal. Catchwords: INDUSTRIAL LAW – New South Wales – statutory provisions relating to public sector employees - Workers Compensation Act 1987 Sch 6 – Workers Compensation Legislation Amendment Act 2012 (NSW) Sch 12 Pt 19H cl 25 – changes to workers compensation scheme – exemption of police officers, paramedics and firefighters

INDUSTRIAL LAW – New South Wales – awards and agreements – appeal from Industrial Court – where primary judge made declaration that respondent was a 'paramedic' under Workers Compensation Act 1987 at time of workplace injury – where respondent employed by Ambulance Service of NSW as paramedic under Operational Ambulance Officers (State) Award – suffered injury on secondment to different position of Health Advisor – where contract of employment for substantive paramedic position subsisted during period of secondment – classification as 'paramedic' under subsisting contract – where respondent's letter of application requested maintaining an operational paramedic role while on secondment – where evidence of Ambulance Services' intention to facilitate respondent undertaking occasional paramedic work while on secondment – whether respondent's appointment to position of Health Advisor altered 'paramedic' status – different nature of duties