The NSW Junior Doctors Settlement drew the line on overtime. St Vincent's is next.
St Vincent’s Hospital Sydney, Junior Doctors Class Action
We have commenced a class action in the Federal Court of Australia on behalf of junior doctors at St Vincent’s Hospital, Sydney, seeking recovery of their unpaid overtime worked at St Vincent’s over the past 6 years.
In her representative capacity in the class action, lead applicant doctor, Dr Landgraf, will seek recovery of amounts owing to her and group members for unpaid entitlements due to them by operation of clauses 10 and 12 of the 'Named NSW (Non-Declared) Affiliated Health Organisations Medical Officer Agreement' (the Agreement).
Group members in this action will be defined as Medical Officers who have performed duties in “time worked” and “in excess of their ordinary hours” for which they have not received payment whilst employed by St Vincent’s Hospital over the last six years.
The class action will claim that a contravention of the Agreement is also a contravention of the Fair Work Act. Remedies sought by Dr Landgraf and group members under sections 44 and 50 of the Fair Work Act include compensation for underpayment and pecuniary penalties.
St Vincent's doctors are not eligible for the 2024 NSW Junior Doctors Settlement for any unpaid overtime performed at St Vincent’s, as that settlement applies to doctors employed under the State Award. St Vincent's doctors are instead covered by the Agreement registered with the Fair Work Commission.
Register your interest
We would like to speak with doctors on a confidential basis who have worked at St Vincent’s Hospital from January 2020 to learn more about their duties performed and practice of work across different departments.
Am I eligible to register?
You may be a group member of this class action, if:
you were employed by St Vincent’s and worked as a junior doctor at St Vincent’s Hospital from 29 January 2020 to January 2026; and
you fall within the following classifications:
medical officer;
intern;
resident;
registrar; or
senior registrar; and
you worked time in excess of your ordinary hours; and
you were not paid for some or all of that time.
Please get in touch if you have any questions or feel you may meet any of the above criteria.
You can register your interest in the class action below.
“I think you're kidding yourself if you think that you're operating at your best throughout that period of time. You just can't. You make mistakes. You get tired.”
– Dr Tom Morrison, neurosurgery registrar, St Vincent’s Hospital. Young doctor fears working in the public health system could kill him, ABC 7.30, ABC Network, 7 May 2025.
“I just think it's very disappointing that junior doctors have to, collectively, have a plan on how to not die when you're driving home.”
– Dr Fahad Khan, intern in emergency department. Young doctor fears working in the public health system could kill him, ABC 7.30, ABC Network, 7 May 2025.
Frequently Asked Questions
What is a class action or group proceeding?
A group proceeding, also referred to as a class action, is a type of court case started by one or more people - called lead applicants - who bring the claim for themselves as well as for others with similar legal issues against the same opposing party (the respondent). Those additional participants are known as group members.
The aim of a class action is to address shared questions of fact or law that affect the whole group. It isn’t necessary for each claim to be identical. In reality, it is normal for there to be differences in the type or amount of loss and damage experienced by each person in the group.
What is this class action about?
This class action concerns claims that medical officers at St Vincent’s were required to work overtime hours in excess of their rostered shifts without being paid.
The lead applicant brings the claim on behalf of all eligible junior doctors who worked at St Vincent’s during the relevant period.
Am I a group member?
A “group member” or “class member” is a person who shares a dispute with the representative applicant in a class action, even though they may not know it.
A lead applicant is a person who “represents” the other people in the class action.
You may be a group member of this class action the group member definition. The group member definition is:
you were employed by St Vincent’s and worked as a junior doctor at St Vincent’s Hospital from 29 January 2020 to January 2026; and
you fall within the following classifications:
medical officer;
intern;
resident;
registrar; or
senior registrar; and
you worked time in excess of your ordinary hours; and
you were not paid for some or all of that time.
I was a group member in the NSW settlement scheme for junior doctors. Can I still register for this class action?
The NSW Junior Doctors settlement is separate to this class action and did not include any claims for unpaid overtime performed at St Vincent’s Hospital. This is because the NSW Junior Doctors Settlement applied to doctors employed under a State Award. St Vincent's doctors are instead covered by the Enterprise Agreement registered with the Fair Work Commission
If you meet the eligibility criteria above, you can register your interest in this class action even if you were part of the NSW settlement scheme. If you have any questions or are still unsure, please contact us.
Why should I register?
Registering will give you updates about the progress of the class action. It will also allow you at a later date to provide information which will enable us to calculate and assess your entitlements.
What does it cost to take part in the class action?
There is no out-of-pocket cost to taking part in the class action. It is free to register.
You will not have to pay anything if the class action is unsuccessful.
If the class action is successful, the legal fees will either be deducted from the amount awarded to the group as a whole or from each individual group member’s payment.
Any payment of legal fees must be first approved by the Court as fair and reasonable.
Will my current employer find out about any involvement I have in this class action?
No. Your registration with us and details of your individual circumstances will be kept confidential and only shared with your employer with your permission.
Our approach is tailored especially for St Vincent’s Doctors.
Working in service.
Litigation is expensive, and we understand junior doctors may not have the means to fight this action alone.
We will conduct this case on a ‘No Win No Fee’ basis.
Change that lasts.
Compensation does not alone achieve lasting change. That’s why our calls for change don’t stop there.
To bring awareness to these issues we will highlight the need for education and training in hospitals to change the way junior doctors are treated in their workplace.
