ASMOF Victoria and a number of individual junior doctors have commenced class action proceedings in the Federal Court of Australia seeking compensation for un-rostered unpaid overtime performed by doctors in training in the course of their employment over the last 6 years. The basis of the claims is that: 1. Health services failed to pay unrostered overtime in compliance with the relevant enterprise agreement. 2. As a result - the health services contravened the Fair Work Act 2009 (Cth); and 3. If these contraventions are proved, compensation should be paid to doctors in training for their unpaid overtime. The Australian Salaried Medical Officers Federation (ASMOF) Victoria has also sought orders from the Court that the health services pay penalties for their contraventions, in addition to paying compensation for unrostered unpaid overtime. ASMOF Victoria and the Victorian branch of the Australian Medical Association (AMA) have been advocating for health services to address their long-standing concerns about the underpayment of overtime for doctors in training and the serious risks this issue has creates for both doctor and patient well-being. https://youtu.be/eQRZXF9-okk

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A group proceeding, also known as a class action, is a court procedure brought by one or more individuals known as representative applicants on their own behalf and on behalf of other people who have similar claims against the same party (the respondent). The individuals in the wider group are known as group members. Group proceedings are brought to resolve common issues of fact or law for the wider group. It is not necessary that group members have identical claims. In fact, it is to be expected that there will differences between the loss and damage suffered by each individual group member. In Victoria, there are 38 health services that are each responsible for hospitals which provide medical services within the public hospital system and where doctors in training are generally employed. Each health service is an employer and signatory to enterprise agreements that set out the employment terms and conditions for doctors in training. Given this structure of employment, it is necessary to commence proceedings against individual health services. As such, several individual proceedings have already been commenced covering 70-80% of the relevant workforce and there will likely be several more class actions commenced against health services which are not currently parties to any proceeding. In each class action, the representative applicants are ASMOF Victoria, together with a named individual doctor. The respondent in each class action will be an individual health service.

Class Actions have so far been commenced against the following health services: • Peninsula Health • Monash Health • Latrobe Regional Hospital • Bairnsdale Regional Health Service • Western Health • Eastern Health • The Royal Women's Hospital • Alfred Health • St Vincent's Hospital (Melbourne) Ltd • Northern Health • Bendigo Health • Melbourne Health • Northeast Health Wangaratta

The initial trial to determine common questions of fact and law in the Peninsula Health Class Action was held in June 2022. On 11 August 2023, the Honourable Justice Bromberg ruled in favour of junior doctors which has positive ramifications for future cases.

You may be a potential group member if: 1. you were or are a doctor in training employed by a health service against which a class action has been commenced; and 2. you worked unpaid unrostered overtime from January 2015. Example: If you worked unpaid, unrostered overtime for one month in 2016 as an advanced trainee (senior registrar) you are eligible to make a claim, or if you worked unpaid, unrostered overtime for one month as an intern in 2020 you are eligible to make a claim. Even if you are not sure if you are a potential group member, we strongly recommend that you register your interest if you were or are a doctor in training and believe you have worked unpaid, unrostered overtime during the relevant period. Once you register with us, we will ask you to complete a more detailed confidential questionnaire. We will then assess your individual circumstances, provide you with further information.

By registering, you will gain access to updates about the case, as well as reminders of important court event dates. Registering is confidential, and obligation free.

Registering is completely free of charge.

Yes. Ultimately the goal of these class actions will be to establish that the health services must compensate doctors in training who have suffered loss as a result of working unrostered unpaid overtime. Each doctor’s loss will need to be assessed on an individual basis.

If you are a group member in a class action that has been commenced, there is nothing that you need to do to remain a group member. Importantly, as a group member you do not have any liability for the respondent’s legal costs in the event that the claim is unsuccessful, which we think is unlikely. It is unlikely that the assessment of group members' individual claims will take place before the results of the initial trials of common questions of fact and law are determined or there is a settlement. Historically the majority of civil proceedings, including class actions, settle before a full trial of all the issues. You may decide to engage us to act for you so that we can assist you in preparing for the assessment of your individual claim and provide you with legal advice about your personal circumstances. While we consider that there may be some advantages to you engaging us, you are not obliged to engage us to act on your behalf.

You will not be entitled to participate in any outcome specific to that class action. However, class actions against other health services may soon commence and it is important that you still register your interest, if you wish to be kept informed. By doing so, we will be able to provide you with information about your potential claim and do what is necessary to protect your interests.

No, group members in class actions do not have to pay legal costs in the unlikely event that the class actions are unsuccessful.

If the class actions are successful, the Court will first approve legal costs on the basis that they are fair, reasonable and proportionate to the outcome. This means that there are no out-of-pocket legal expenses that group members will need to pay in respect of legal costs.

If you choose to register you will be asked to complete a detailed confidential questionnaire about your circumstances. The information you provide will be reviewed by one of our lawyers. If you need assistance completing the questionnaire or would prefer to discuss any aspect of the matter, a member of our team will be happy to assist you.

Hayden Stephens and Associates is a leading Australian law firm specializing in class action litigation. With over 20 years of experience, the firm has a proven track record of success in securing compensation for clients who have been wronged by corporations and institutions. The team at Hayden Stephens and Associates is dedicated to providing high-quality legal services and personalized attention to each client. The firm has a reputation for being thorough, tenacious, and effective in pursuing justice on behalf of its clients.

Gordon Legal was founded in Melbourne in 2009 by Peter Gordon. With decades of experience at the forefront of plaintiff law and worker’s compensation in Australia, Peter has an unrivalled record of fighting for justice for working people. He pioneered the ‘no win, no fee’ system with Paul Henderson, is one of Australia’s most prominent class actions lawyers and made history winning landmark cases. Today, Peter continues his legacy at Gordon Legal, battling for everyday people alongside a team of exceptional lawyers.