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Australian Paramedics Association (NSW)

Quarterly Newsletter Issue 14, Spring 2020

APA (NSW) Newsletter Issue 14

EXECUTIVE REPORT CHRIS KASTELAN - APA (NSW) PRESIDENT

Hello to all APA (NSW) members, I wanted to personally thank all the Paramedics around the state for their dedication to duty during these challenging times. It really has been an extraordinary 2020. Your commitment to the NSW community does not go unnoticed and you should feel proud of the role you play in ensuring the community receives first class care. APA (NSW) is continuously growing. With every new member, our voice grows louder. We have had an influx of new Paramedics over the last year. For those new to the job, or those newly looking at joining the union, I wanted to take this opportunity to provide an overview of APA (NSW)'s core pillars: our core purpose, the role of the Executive, and the different ways we support our members. Our core purpose is to provide outstanding industrial representation for all members, both as individuals and as a collective. We do this not only by protecting our rights at work, but pushing for our employer to do better. Whether it is pushing for an improved Fatigue Management Policy, for a better Compassionate Transfer Policy, or for better

pay and conditions under the Paramedics and Control Centre Officers (State) Award, we are fighting for every APA (NSW) member. Our priority is the psychological and physical safety of our members. We have always sought to ensure that NSW Ambulance is governed by an ongoing culture of prioritising the needs of Paramedics and support staff.

"I wanted to personally thank all of the Paramedics around the state for their dedication to duty during these challenging times. It really has been an extraordinary 2020." In July we held the Elections for the 2019-20 APA (NSW) Executive Committee. The

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core role of the APA (NSW) Executive is to ensure that we govern and manage APA (NSW) procedurally and financially well. It is always exciting to see new faces on the Committee, and hear their ideas about what we should prioritise for the year ahead. I would like to warmly welcome Alan O'Riordan and Brendan McIlveen to the APA (NSW) Executive. We are proud as an organisation to have representatives from across the state on our Executive Committee. Thank you to all those who nominated for a position and voted in the election. Along with our Executive Committee, APA (NSW) has a number of smaller councils and committees, made up of delegates and members. These committees have a focus on advocacy, campaigning and technical competencies, and assist members through various workplace challenges.

We always look for ways that we can assist our members through partnerships with other organisations. For example, from July 1, all APA (NSW) members have access to Ausmed for free. APA (NSW) recognises that Paramedics' experiences on road and on station can be impacted by their gender, sexual orientation, ethnicity or religion. APA (NSW) strives to be an organisation that represents everyone. If you would like to join APA (NSW)'s Diversity and Inclusion Committee, please email admin@apansw.com.au

social media platforms, and through our member updates that go out to each and every one of you. It would be greatly appreciated if communications you get can be printed out and placed on hospitals and station notice boards. Sometimes these go missing for whatever reason and if they are, help out by reprinting them! Thank you for reading, and I hope you all stay well and healthy on the road.

And last but not least the Executive are responsible for ensuring a safe workplace for all employees and volunteers who work with APA (NSW). So what can you do to support APA (NSW)? You can support the union that supports you by keeping up APA (NSW)'s campaigns, both through our

MEMBER UPDATES OVER THE LAST QUARTER September

and SOs in the Paramedic Initiated Transfer Policy

Denying ICP Coverage to Communities

12/08/2020 - How We Will Win the 2.5% Wage Fight

19/07/2020 - No Changes to Call Out Procedure

09/09/2020 - Including DOMs and SOs in the Paramedic Initiated Transfer Policy

03/08/2020 - NSW Ambulance Agrees to Consult on DOM Transfers

June

August

July

21/08/2020 - Underpayment win at IRC

03/07/2020 - Wage Freeze Battle Moves to IRC

14/08/2020 - Including DOMs

03/07/2020 - NSW Ambulance

21/09/2020 - Changes to the Paramedic Initiated Transfer Policy

02/06/2020 - Industrial Action Cessation 01/06/2020 - URGENT: Paramedics take stand against pay cut

APA (NSW) Newsletter Issue 14

OUR FIGHT AGAINST THE PREMIER'S WAGE CUT

May 27 NSW Government announces plans to freeze public sector wages.

Commission.

July 3 APA (NSW) puts forward over one hundred May 28 APA (NSW) members pages of evidence about why vote on whether or not to take Paramedic's wages should industrial action to protect our not be cut. This includes 16 wages. 97% of members vote in affidavits from Paramedics favor of taking industrial action. about the extraordinary work done across the 2019/2020 June 1 NSW Government financial year, with Paramedics attempts to bribe public sector working through bushfires, workers into giving up their floods and the Pandemic. fight for their wages, offering It also includes two expert a lump sum payment to only economic witnesses who put SOME workers. forward evidence that cutting public sector wages would be June 2 Across NSW, APA (NSW) detrimental to the economy. members take industrial action, chalking ambulances and August 12 Our hearing to omitting patient billing details. protect our wages begins. We argue that the work done June 2 Thanks to the strong by Paramedics over the last action of APA (NSW) members year, through the fires, floods and delegates, the NSW and then COVID-19 was Legislative Assembly votes extraordinary. The Ministry of down the proposed wage cut. Health respond to our evidence in writing, stating: "Drought, June 4 In opposition to the fire and flood are not unusual democractic vote AGAINST events in New South Wales. the proposed wage cut, the The circumstnaces of COVID NSW Government begins are unusual and hopefully not pursuing the wage cut through ongoing." We are astounded the Industrial Relations that the Ministry would be so

dismissive of the work done by those who put themselves on the frontline crisis after crisis.

1 October The Industrial Relations Commission hand down their decision for the general public service workforce. They award just a 0.3% pay increase to keep wages in line with inflation. Because APA (NSW) made the decision to have our case heard separately, this decision DOES NOT mean we only get 0.3%. Our case in ongoing. Next steps The next hearing dates for our case will be in the coming months. We have requested that any wage increase awarded is backdated to July 1. APA (NSW) is still fighting our Major Award Case for a 15% pay rise over the next three years (in addition to the 2.5% scheduled for each year), and for improved conditions and entitlements. We cannot continue that case until our fight against the wage cut is finalised. We will continue to update you at every stage of the fight.

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APA (NSW) Newsletter Issue 14

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APA (NSW) Newsletter Issue 14

ALL APA (NSW) MEMBERS NOW HAVE FREE ACCESS TO AUSMED!

Every APA (NSW) member was sent an email inviting them to sign up to Ausmed or join an existing account. If you did not recieve an email, let us know and we will send you a new invitation link!

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FAQ: Travel

With NSW Ambulance refusing to maintain staff enhancements, travel between stations at the start of your shift is becoming more and more common. So what are you entitled to claim? Do I have to use my own vehicle if asked? NO. NSW Ambulance cannot force you to use your own vehicle.

I normally work at Kogarah, but have been asked to start at Caringbah. This increases my travel time by 30 minutes. Do I get paid for that time? You have two options when asked to start at a station other than your home station. You can either be paid your travel time in addition to your normal

hours, or you can travel the additional time during work hours. This would mean you would leave home at your normal time, and be paid from the time you would have normally arrived at Kogarah.

Can I elect to start at my home station and then go to the new station? Yes, you can.

What about wear What about and tear on my insurance, who vehicle? covers the costs You can claim an allowance for additional kilometres travelled, if my car is as outlined in clause 14(c) of damaged? the Paramedics and Control Centre Officers (State) Award. You can claim this any time additional travel is incurred in your personal vehicle due to work. This is only applicable if you are asked to use your personal vehicle and are not provided with a vehicle by NSW Ambulance.

Check with your insurer to understand what you are personally covered for. Workers' Compensation covers you for injury to your person, but NOT for most damage to your personal property.

APA (NSW) Newsletter Issue 14

HOW CAN AN APA (NSW) MEMBERSHIP BENEFIT YOU? One of the many benefits of an APA (NSW) membership is our partnership with qoctor. qoctor allows you to book a video consultation from the comfort of home, with an experienced Australian doctor. • • • •

Guaranteed same day appointment if you book before 18:30! Special rate of $17.99 for APA (NSW) members! Immediately download your medical certificate! qoctor provides prescriptions and medication, which can be delivered to your home.

Head to qoctor.com.au CASE NOTE

When is an employer entitled to sack a worker because they are unable to perform the inherent requirements of their job? grounds.

If a worker cannot meet the inherent requirements of her/ his job it may be a valid reason to terminate that employee's employment. It is established law that an employer in such circumstances can direct an employee to submit herself/himself to a medical examination on behalf of the employer. If an employer does not establish a medical basis for the termination of the employee then the employer runs the risk of an unfair dismissal application and even a claim for discrimination on medical

This issue came before the Fair Work Commission in the case of Chi Nguyen v KDR Victoria Pty. Ltd. trading as Yarra Trams, an unfair dismissal claim. The worker was 73 years of age and had been employed as a tram driver for the employer since 1979. The reason given for the dismissal was that the worker was “permanently unfit for duty” under the National Standards for Health Assessment of Rail Safety Workers which set the guidelines for rail transport operators to meet their obligations to protect the safety of rail workers, the public and the environment.

Also incorporated in the practice was a practical test to assess the performance of the driver by a principal (senior) driver. Permanently unfit for duty was defined by legislation to be unfit for 12 months and likely unfit to perform his/her duties into the foreseeable future. The worker was experiencing lower back pain for a number of years and in July 2017 took sick leave due to increased back pain. After the sick leave he took personal leave. In November whilst on annual leave he was directed to a medical examination at the direction of his employer. The doctor found him fit for work

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A Health Assessment Report found him as temporarily unfit for duty. In December he was directed to a functional assessment. The functional assessment concluded that the worker’s back condition gave rise to a significant risk of injury to his back as a tram driver, that he had decreased balance giving rise to a risk of falls, pain whilst seated and potential decreased reaction time in emergency situations. It recommended that he use lumbar support whilst seated whilst driving a tram. A further report based on the functional assessment found the worker permanently unfit for duty. Medical evidence introduced by the worker indicated that he had been temporarily unfit for work and that whilst he suffered from significant degenerative changes in his spine there was no sign of neurological deficit and there were treatment measures in place to improve his posture and improve his condition. At the hearing the Commission found the report leading to the conclusion that the worker was permanently unfit for duty to be unsatisfactory based on the reasoning and circumstances that led to the doctor’s conclusion. The Commission found the worker had not been given a fair opportunity to respond to the employer’s reason for

dismissal and on that basis the dismissal was unfair. At the time of dismissal the worker was on annual leave and was not seeking to return to work. The Commission found on the medical evidence that the worker was temporarily unfit for duty; did not support that he was permanently unfit and that therefore there was no valid reason for dismissal. It also found that the dismissal was harsh taking into account the workers long period of employment, his good disciplinary record, his accumulated sick leave and that the employer gave no evidence of attempting to mitigating the effects of the worker’s back condition. Conclusion: It is critical that an employer has a valid reason for terminating an employee’s contract of employment and it does not act harshly, unfairly or unreasonably. It must have medical evidence from an expert that the worker is permanently unfit to perform the inherent requirements of his/her job based on sound reasoning. This article has been prepared by Tony Cardillo, principle of Cardillo Gray Partners. You are invited to call Cardillo Gray Partners should you require additional information on this subject.

INDUSTRIAL QUIZ When you are in your crib window, what jobs can be assigned to you?

When in your crib window, you should only be assigned Priority 1 jobs (including 2i). You should not be used for area cover. Only the Control Centre Supervisor can approve a crib being missed or broken due to any non Priority 1 jobs.

but he had not at that stage been cleared by his GP.

APA (NSW) Newsletter Issue 14

Who is my delegate? Sydney South East Brett Simpson (Kogarah) Matt Wood (Randwick) Paul Morris (Mascot) Paul Dick (Haberfield)

(Northmead)

South West Sydney Gerry (Bankstown) Anthony Redford (South West Sydney)

Aeromedical Alan O'Riordan (Aeromedical Control Centre Officer) Jeff Andrew (Aeromedical) Josh Taylor (Aeromedical)

Central Coast North Sydney Mitchell Pettet (Toukley) Chris Kastelan (Hawkesbury River) Justin Scott (Artarmon) Tanya Graham (Doyalson) Tim Swan (Wahroonga)

Pyke

Western Sydney Nepean Blue Mountains Nicholas Jones (Springwood) Mellisa Bittner (Blacktown) Sean Irvine

Western David Truscott (Condobolin) Scott Beaton (Gilgandra)

Southern

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Who is my delegate?

Michael Schwabe (Corowa) Ned Gavranic (Corowa) William Fuller (Kangaroo Valley) Darren Rudd (Wagga Wagga) John McCormack (Albury) Gary Wilson (Gundagai) Ross Twemlow (Finley) Cheryl Clements (Bay and Basin Station) Wayne Wallace (Quenbeyan) Mitchell Thomas (Leeton) Lee Taylor (Queanbeyan) Sharon Lawrence (Balranald)

Northern Brendon Dean (Bellingen) Tina Maxwell (Laurieton) Tim McEwen (Yamba) Lucas Hawkins (Woolgoolga) Grant Jennison (Tuncurry) Liu Bianchi (Tuncurry)

Hunter New England Brendan McIlveen (Hamilton) Karen Taylor (Mungindi)

APA (NSW) Newsletter Issue 14

APA (NSW) 2020/2021 EXECUTIVE COMMITTEE

Secretary GARY WILSON

Assistant Secretary ALAN O'RIORDAN

Vice President SCOTT BEATON

President CHRIS KASTELAN 14

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APA (NSW) 2020/2021 EXECUTIVE COMMITTEE

Executive Committee Member LIU BIANCHI

Executive Committee Member Executive Committee Member BRENDAN MCILVEEN ALAN MURPHY 15

APA (NSW) Newsletter Issue 14

ARE THEY TRIPLE OK?

We’re always there to help. Let ’s make sure we help each other and ask R U OK? ruok.org.au/triple-ok

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We’re always there there to help. Let’s make sure we help each other and ask R U OK? Ask R U OK? or something like this: “How are you travelling?”

No, I’m not OK.

Yes, I’m fine.

Dig a bit deeper:

But your gut says they’re not:

“What’s been happening?”

“It’s just that you don’t seem like yourself lately.”

“How long has that been the case?”

“I’m always here if you want to chat.”

“I’m ready to listen if you want to talk.”

“Is there someone else you’d rather talk to?”

Listen with an open mind Encourage action and offer support: “How can I help?” “What would help take the pressure off?” “What do you enjoy doing? Making time for that can really help.” “Have you thought about seeing a professional?”

Make time to check in: “Let’s chat again next week.”

Find more conversation tips at ruok.org.au

APA (NSW) Newsletter Issue 14

EXECUTIVE COMMITTEE

Alan O'Riordan, Assistant Secretary What has been your career path? When did you start at NSWA? Where are you currently working? I moved to Australia from Ireland in 2008. My background was in ED nursing. I joined NSW Ambulance in 2009. I started in Sydney South West as 3CT, then Paddington as a P1. I completed my ICP training in Rockdale and worked in Summer Hill and the SAC as ICP. Then I worked as an ECP in Marrickville. I worked reduced hours for a year and became a midwife, training in RPA and after that went to Air Ambulance as a flight nurse. The last couple of years I have been in Aeromedical Control working as a Rapid Launch Trauma Coordinator. I still maintain my Paramedic and Flight Nursing skills. What do you enjoy most about being a Paramedic? I enjoy the variety of the work, the different personalities and the element of unknowing of what the next job brings and having to adapt to the everchanging environment. Why is being a union member important to you? Throughout my career, I have been a member of a union, and this has been a priority for me. A union to me is being part of a professional

organisation, that is working for its members to ensure best patient care and ensuring that the best Paramedic practice is strived for. The union provides me with expert professional and industrial representation. The union is my voice at state,

where the Paramedic is at the forefront of any discussions. This helps provide a team focused approached and allows for greater empowerment of Paramedics. What has been an important win you've seen APA (NSW) achieve? Looking at the 'Overs and Unders' case, this case has highlighted an ongoing unspoken issue of where many people have been working excess hours often on return from annual leave.

national and international levels, to further the Paramedic profession into the future. The union works to ensure safe and equitable work practices. What issue are you passionate about addressing? Why? I am passionate about ensuring that every Paramedic has a fair, safe and financially rewarding workplace for the fantastic work they do. I am passionate about trying to ensure that unions and employers work in a collaborative environment,

Winning this case has made NSW Ambulance look at many of their current work practices and made them realise that they are outdated and in need of modernisation. This case highlighted that because something has always been done that way, does not mean it's right in today's working environment. Well done to all involved in running that case. If you could tell new Paramedics just one thing, what would it be? You can't cure everyone, but you sure can make a difference to every person you meet.

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EXECUTIVE COMMITTEE

Brendan McIlveen, Executive Committee Member What has been your career path? When did you start at NSW Ambulance? Where are you currently working? I started with NSW Ambulance back in 2012. My probation was at Grafton. Once qualified I did a 12 month temporary posting at Yamba, then took my permanent posting at Narrabri. Three years later I accepted a posting to the Hunter. On the way I took a six month temp posting to Gunnedah. Since December 2016 I have been working at Hamilton in the Hunter New England Sector. What do you enjoy most about being a Paramedic? No day is ever the same, you get to meet a wide variety of people from many backgrounds and I get to work with a

"Being a union member means being a part of a group that promotes positive change in the prehospital care industry" great group of people in the Newcastle area. Why is being a union member important to you? Being a union member is important because you are able to get advice regarding

different issues related to employment, for example Award entitlements, and recruitment issues, as well as access to Professional Indemnity Insurance and other similar essential benefits. Being a union member also means being a part of a group that promotes positive change in the pre-hospital care industry, and being able to unite as a group of employees and advocate for better working conditions What issue are you passionate about addressing? Why? The issue of Minimum Operating Levels is absolutely critical. NSW Ambulance have not updated these numbers since 2010, which means that when station numbers are enhanced, the new rosters aren't maintained. Maintaining the rostered increases to the number of Paramedics on road on a daily basis will ensure the community are receiving the best Paramedic coverage (since the population continues to grow). What has been an important win you’ve seen APA (NSW) achieve? With the COVID-19 Pandemic taking over our lives, APA

(NSW) have been working with NSW Ambulance and the Ministry of Health, representing members and ensuring staff have access to the correct PPE, workers' compensation, special leave and up to date information as it comes to hand. If you could tell new Paramedics just one thing, what would it be? There is never a dumb question, when it comes to what you're entitled to as an employee.

APA (NSW) Newsletter Issue 14

TRANSFERS AND YOUR WELLBEING What should I do if I get tasked to a transfer that I believe is innappropriate and/or unsafe for me to do? A recurrent issue for Paramedics is being asked to complete transfers that you believe are inappropriate, due to reasons such as: • The job may result in excessive overtime, • You are too fatigued to drive, or • You are not the most appropriate crew to undertake the job If this happens to you, ask Control to have your DOM call you regarding the job. Your DOM will then get in contact with you to discuss the issue and escalate if they deem it necessary. If you are still asked to undertake the transfer and you believe it was unsafe to do so, you have the right to refuse to undertake the job on the basis that it would put your health and safety at risk. Submit an IIMS and let your local APA (NSW) delegate know.

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I N D U S T R I A L U P D AT E

Current issues APA (NSW) delegates have raised with NSW Ambulance FATIGUE MANAGEMENT POLICY After almost three years of advocay from APA (NSW) delegates, NSW Ambulance has begun consultation on a new fatigue management policy. If you want to join this fight or have questions about this issue, contact APA (NSW) Vice President Scott Beaton at scott.beaton@apansw.com.au A FAIR COMPASSIONATE TRANSFER PROCESS After NSW Ambulance released a new Compassionate Transfer Policy without consultation, APA (NSW) requested a status quo, and genuine consultation began. APA (NSW) ensured that the new policy: protects Paramedic privacy, does not require Paramedics to take extensive actions to 'prove' they have tried to resolve their issue, and includes an appeals process. If you want to join this fight or have questions about this issue, contact APA (NSW) Organiser Catherine Treloar at catherine.treloar@apansw.com. au. UPDATED MINIMUM OPERATING LEVELS APA (NSW) has been forced to raise a dispute in the Industrial Relations Commission after

NSW Ambulance once again refused to meet with the union over updating the Minimum Operating Levels from the 2010 figures. The outdated MOLs are the reason why dropped shifts are never filled, why staff are sent away so frequently, and why specialist rosters aren't maintained, because none of it impacts their KPIs! If you want to join this fight or have questions about this issue, contact APA (NSW) Executive Committe Member Brendan McIlveen at brendan.mcilveen@ apansw.com.au MAINTAINING ECP ROSTERS APA (NSW) is consistently fighting to save the ECP Program. We are deeply concerned that there are times where only 50% of ECP rosters are filled. If you want to join this fight or have questions about this issue, contact APA (NSW) at bree.jacobs@apansw. com.au SAFE AND FAIR CRIB BREAKS APA (NSW) is hearing that more and more, Paramedics are having cribs missed for area cover, and broken for low priority work. Check out our Facebook page for tips on how to stand up for your entitlement

to crib breaks. If you want to join this fight or have questions about this issue, contact APA (NSW) Delegate Grant Jennisson on grant.jennisson@ health.nsw.gov.au. ABOVE FTE APPOINTMENTS APA (NSW) is receiving more and more reports of above FTE appointments in rural and regional areas. While some forward planning for staff movements makes sense, this should not mean that staff are posted to areas without accommodation. Additional staff should also be matched with additional cars. Rural stations should not be at almost double their FTE for any period of time, let alone for months on end. These appointments should definitely not contravene the PIT Policy process. If you hear of this happening near you, please let us know immediately. We are actively addressing this with NSW Ambulance. If you want to join this fight or have questions about this issue, contact APA (NSW) Secretary Gary Wilson on secretary@apansw.com. au

APA (NSW) Newsletter Issue 14

G E T I N V O LV E D W I T H A PA ( N S W )

BE AN ACTIVE MEMBER We love all our members! But those that respond to surveys, keep up to date on their member updates, and follow us on Facebook and Instagram have a special place in our hearts. BE A SUPPORTER If you are interested in increasing your involvement, but not sure if you have the time to be a delegate, being a supporter might be for you! SUPPORTERS distribute material like APA (NSW) posters, newsletters, and Keep Cups, to their station and nearby stations. They can participate in quarterly delegate teleconferences and let APA (NSW) know what’s happening on the ground. This is also a really great way to start to be

involved with the union and learn from our experienced delegates! BE A DELEGATE APA (NSW) delegates are an amazing and diverse group! Some love meeting with local politicians, others know the Leave Matters policy back to front, and some sit on advisory committees for APA (NSW). A delegate is responsible for providing accurate industrial advice and support to members. Our delegates represent APA (NSW) across NSW.

Secretary, Assistant Secretary, President and Vice President. APA (NSW) has annual elections and positions are for two years. Executive Committee members act on what our members tell us, shaping the priorities of the organisation each year. Executive Committee members also work as delegates, attending high level meetings as well as supporting individual members in their zones. If you want to be more involved, contact your local delegate or APA (NSW) Organiser Catherine on 0432 415 303

NOMINATE FOR THE EXECUTIVE Our Executive Committee is made up of three committee members, as well as the

Do you want a free Will? Every member of APA (NSW) and their partner is entitled to a free Will from Cardillo Gray Partners. To get the process started, send us an email at admin@apansw.com.au

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Got a great meme? Submit it at admin@apansw.com.au for publication in the next newsletter!

THANKS FOR READING (02) 9564 3261 apansw.com.au admin@apansw.com.au Have you kept your APA (NSW) details up to date? Changed address? Perhaps you have changed substantive stations or sectors? Been promoted? Have new banking details, or maybe you have changed to part time? Let us know! Please update your details today by going to apansw.com.au and clicking the 'Update Details' tab. Find us on Facebook at facebook.com/apanswofficial for industrial updates and facebook.com/paramedicsdeservebetter for campaign updates! Instagram @APANSW