State of New South Wales v Stockwell [2017] NSWCA 30

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: State of New South Wales v Stockwell [2017] NSWCA 30 Hearing dates: 31 January 2017 Date of orders: 01 March 2017 Decision date: 01 March 2017 Before: McColl JA at [1], Leeming JA at [89], Simpson JA at [90] Decision: (1) Extend the time within which the State of New South Wales may file the notice of appeal to 1 August 2016.

(2) Direct the State of New South Wales to file the notice of appeal in the form of the draft in the White Book within 7 days.

(3) Appeal dismissed.

(4) The State of New South Wales to pay the respondent's costs of the appeal and the application for an extension of time to 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 – whether respondent "paramedic" within meaning of cl 25

INDUSTRIAL LAW – New South Wales – awards and agreements – appeal from Workers Compensation Commission – where primary judge confirmed finding of an arbitrator that respondent a "paramedic" within cl 25 at date of workplace injury – where respondent employed by Ambulance Service of NSW as Ambulance Operations Officer or "paramedic" under Operational Ambulance Officers (State) Award – where respondent suffered psychological injury in the course of employment as Ambulance Operations Centre Officer – where at date of injury respondent had not undertaken courses or completed examinations required by proviso to classification provision in award – whether in consequence respondent no longer held status or designation as an "Ambulance Officer" or "paramedic"