Victorian Junior Doctors Class Actions

What are these claims about?

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

What is a class action or group proceeding?

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.

Back to top ▲

What class actions have commenced?

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

Is there a trial date in the actions that have been commenced?

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.

Do I qualify as a group member?

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.