Junior doctors hope ACT will 'rectify mistake' after $230 million payout for NSW doctors

"I think this is fantastic news for the New South Wales doctors, and this is very encouraging for us to proceed with our case in ACT as well," Dr Betty Ge said.

Dr Ge joins more than 2000 complainants who claim Canberra Hospital and North Canberra Hospital (previously run by Calvary) underpaid various staff for unrostered overtime between 2016 and 2022.

She said the NSW settlement amount, which is the largest payout in the history of underpayment claims, sounded "astronomical" but was proof of NSW Health acknowledging a "deep-seated" issue.

"This is very good evidence that the NSW government is coming to terms and rectifying their mistakes in the past," Dr Ge, a former intern and resident at both ACT hospitals, claimed.

More than 20,000 doctors across NSW are likely to receive thousands or hundreds of thousands in payment based on their circumstances during the claim period between 2014 and 2024.

"Since this action has commenced, it's been pleasing to receive reports that cultural change is beginning to occur with junior doctors encouraged to properly record their work hours," NSW lead applicant Dr Amireh Fakhouri said.

Additionally, Calvary is countersuing the lead applicant in the ACT case, Dr Ying Tham. The company is alleging she did not keep correct records of her overtime and was costing the company money.

"As this matter is currently before the courts, Calvary is unable to comment," its spokesperson said.

The ACT Health Minister Rachel Stephen-Smith previously called the class action suit in Canberra a "positive" after the Federal Court ruled a Victorian doctor would be paid $8000 by her former employer for unrostered overtime.

An ACT government spokesperson said the Territory could not comment on the million-dollar payout.

Given that proceedings against ACT public hospitals were ongoing, the spokesperson said: "It would be inappropriate for any further statements on the status or any likely outcome at this stage."

In the past four years, 16 health services across the ACT, NSW and Victoria have faced class action suits.

Dr Ge, who works at a medical centre in Garran, said it would be "a shame" if the case went to trial given the workforce shortage of doctors.

"Doctors really belong in the hospital, caring for our patients. They do not belong in court going through legal proceedings for their legally due payment in the past," she said.

Dr Ge said there was a misconception that doctors were being "greedy".

"We are not asking for more payment," she said. "I'm hopeful [ACT Health and Calvary] will come to the table with junior doctors and rectify the [historical alleged] underpayment."

Lawyer Hayden Stephens, representing junior doctors in ACT and Victoria, said the landmark payout was a credit to NSW Health who saw fit to settle the action and vacate the trial before it was set down in the state's Supreme Court.

"I think that this settlement in New South Wales sends a very clear message to the ACT government, which now controls [the formerly known] Calvary Hospital, that these claims should be resolved as soon as possible," he told The Canberra Times.

The lawyer also said there had been no formal determination about "the apportionment of fault" between Calvary and ACT Health, for claims against the Bruce Hospital.

"I'm confident that as the case progresses there'll be greater clarity on these issues," Mr Stephens said.

He said the case in the Federal Court had reached the discovery stage, where documents needed to be exchanged.

"After discovery there will be mediation ... if it doesn't resolve mediation, there'll be an exchange of evidence and the matter will be set down for trial, at this stage, early next year," Mr Stephens said.