Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13:

1. On 7 May 2025, a notification of industrial dispute pursuant to s 130 of the Industrial Relations Act 1996 (NSW) (the 'Act') was filed in the Registry of this Commission by the Health Secretary on behalf of New South Wales Ambulance (the 'Notification').

2. The Notification sought the Commission's assistance in relation to industrial action in the form of bans by members of the Australian Paramedics Association ('APA') in relation to the commencement of a 12 week trial of a new program called the Mental Health Clinician Response Team ('MHRCT'), that was due to commence on 12 May 2025.

3. The Notification was the subject of a compulsory conference before Commissioner Webster on 7 May 2025 at the conclusion of which a certificate of attempted conciliation was issued and directions were made for the filing and serving of evidence and submissions.

4. The Notification was heard by the Commission as currently constituted on 12 May 2025 and orders and directions were made, with reasons to be delivered on 13 May 2025, which I do now.

Background

5. The MHCRT program was developed as part of the Health Secretary response to mitigate any adverse effects that may be occasioned to the provision of mental health services as a result of potential large-scale resignations of psychiatrists in the NSW public health system.

6. The program that involves a Special Operations Team's paramedic ('SOT') travelling with a Mental Health Nurse (Clinical Nurse Consultant) ('CNC') to attend on mental health cases to provide support and treatment to patients in situ.

7. SOT paramedics are highly trained in risk and safety, crew resource management and are highly experienced in multiagency partnering to ensure safety. They are able to respond to the highest risk and difficult patient cases, including patients located in remote areas, at the base of cliffs, in confined spaces or flood waters.

8. The MHCRT program is a variation from an existing program called Mental Health Acute Assessment Team ('MHAAT'), which had been operating in Western Sydney since 2013. The MHAAT program constituted a mental health clinician and a NSW Ambulance paramedic would attend on patients out of hospital, who were experiencing mental distress out in the community.

9. It is intended that the MHRCT program will operate in addition to the MHAAT program.

10. Consultation with the respondent concerning the introduction of the MHCRT program commenced on 4 February 2025. Separately, and at around the same time, the notifier commenced discussions with the NSW Nurses and Midwives Association (the 'NSWNMA").

11. On or around 12 February 2025, the respondent wrote to the notifier outlining a list of concerns related to the utilisation of SOT paramedics in the proposed MHCRT program.

12. On 12 February 2025, NSWNMA filed an urgent dispute in the IRC (IRC Matter No. 2025/00056261) seeking orders effectively staying the implementation of the MHCRT program on the basis of an alleged failure to consult as required by clause 6 of the Public Health System Nurses and Midwives (State) Award 2023 (the "NSWNMA Dispute").

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196d25d6a28d5cb8d7f96270)

Disclaimer: Curated by HT Syndication.