1 SEPTEMBER 2023

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Rachel Fieldhouse JUNIOR doctors have claimed victory in a class action over unpaid overtime , with their lawyers calling it a landmark case for the Australian hospital system .

The Federal Court of Australia ruled that Peninsula Health had contravened the Fair Work Act in its dealings with Dr Gaby Bolton , who was owed just over $ 8000 in unpaid overtime from four rotations between 2019 and 2021 at Frankston Hospital .

The decision could now lead to similar settlements , with an estimated 1500 doctors involved in the class action .

Justice Mordecai Bromberg said a range of contextual factors weighed into his decision that overtime had been implicitly authorised by Peninsula Health for Dr Bolton ’ s post-shift work writing clinical handovers and

‘ You ’ d be asked as to why you needed the overtime , why the tasks were necessary .’

discharge summaries , as well as her pre-shift preparation .

It included evidence from the former head of the cardiology unit at the Melbourne hospital , who said he expected doctors would complete clinical handovers , even if it took longer than their rostered hours .

The judge acknowledged that in the plastics unit there had been “ an understanding ” that overtime for pre-shift preparation work was never claimed as overtime .

But he said the head of the unit acknowledged it was “ not possible ” for junior doctors to avoid early starts in order to prepare patient lists .

The judge also ruled that Peninsula Health had also PAGE 3

Tribunal says it sends an ‘ emphatic message ’ about VAD compliance .

Heather Saxena A GP campaigner for voluntary assisted dying has been found guilty of professional misconduct and fined $ 12,000 over a paperwork error .

The error happened in 2020 when Dr Nick Carr arranged for his terminally ill patient to complete a form in front of two witnesses .

The process required the names , addresses and signatures of the patient , Dr Carr and the witnesses on two different pages .

But the Melbourne GP said oversight and “ distraction ” — namely , the patient being very talkative — meant the patient never signed the second page of the document .

That page included the statement : “ I understand … I will be prescribed a voluntary assisted dying ( VAD ) substance , and I expect to die when I self-administer or I am administered that substance .”

Two days after the form was submitted , the Voluntary Assisted Dying Review Board emailed Dr Carr about the issue and that he should obtain the missing signature .

As a result , the patient attended the practice and signed the page .

However , on the final review form sent back to the board , Dr Carr incorrectly stated that this signature was obtained in front of two witnesses in accordance with Victoria ’ s VAD laws .

The patient ended their life in April 2020

using a drug prescribed by Dr Carr .

In May , the review board identified that the final form was “ incorrect ”, alerting Dr Carr and the Medical Board of Australia .

He was subsequently brought before the Victorian Civil and Administrative Tribunal .

The tribunal said there was no suggestion that the patient was ineligible for VAD , had acted under coercion , or that Dr Carr benefited from the error .

“ The patient had an incurable disease which was advanced and progressive , and would cause death within six months … It was causing suffering that could not be relieved in a tolerable manner ,” it added .

It also found that the review board ’ s email “ could be interpreted ” as asking for the patient to add their signature without witnesses .

“ It certainly did not [ suggest to Dr Carr ] that the process of assembling the two witnesses together with himself and the

patient … and filling out the whole form all over again should be undertaken .”

However , Dr Carr acknowledged it was his responsibility to ensure the process was done correctly .

The tribunal said that following VAD rules “ to the letter ” carried the “ highest level of professional responsibility ”.

“ A key consideration … is public confidence in the operation of the VAD regime , in which doctors play the pivotal role .”

It accepted “ without hesitation ” that Dr Carr was upset that he lodged

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‘ Dr Carr showed clear remorse and insight into his actions .’

FAIRFAX