Distribution Payments have commenced and the deadline to seek an Assessment Review has passed. There is no further opportunity to seek an Assessment Review.

The information below is for your reference only.

Clause 7 of the Settlement Scheme deals with the right to seek an Assessment Review.

It is important to understand the intention of the Settlement Scheme in relation to the assessment of claims and the application of the Loss Assessment Formula to the available Claim Data.

All Claim Data relied on by Maurice Blackburn has been provided by NSW Health. There is no alternative source of Claim Data.

It was explicitly acknowledged before the Court at the time of the class action settlement approval that given the complexities and limitations of the Claim Data, the Settlement Scheme should not be designed to calculate each Participating Group Member’s loss to the exact dollar. Such calculation is not possible based on the available Claim Data and would cause unreasonable delay and cost. 

The Settlement Scheme and Loss Assessment Formula prioritise practical fairness and efficiency over impossible precision. Where limitations in the Claim Data are identified Maurice Blackburn is to apply reasonable assumptions, estimates and averages. 

For a Participating Group Member to pursue an Assessment Review they would have needed an alternate source of records or information to satisfy Maurice Blackburn that the assessment of their claim based on the Claim Data provided by NSW Health was incorrect.

Such records may include:

• copies of rosters you personally retained for the relevant period showing additional or extended shifts;
• payslips which show you did work additional hours over and above standard hours but were not paid correctly for those additional hours.

What could not be the subject of an Assessment Review:

• The Loss Assessment Formula itself. The formula forms part of the Settlement Scheme approved by the NSW Supreme Court

• The difference between the Total Estimated Loss and the Estimated Distribution Amount, including the pro‑rata apportionment of the total compensation pool.

• Decisions regarding weightings or interest weighting applied by Maurice Blackburn.

• Summary Claim Data used to determine eligibility under the Settlement Scheme, including:
  • Start and end dates of employment;
  • Position, classification, and applicable Award;
  • Legal employer; and
  • Full‑time equivalent (FTE).