Some of the complexities and limitations of the Detailed Claim Data include:

• Data was collected across the entire NSW Health system which included 18 Local Health Districts and Speciality Networks
• Separate systems were used to collect and store data – the rostering system and the payroll system were different
• There is no Health Roster data available for the early part of the Claim Period
• The processes for collecting and storing payroll and roster data changed throughout the Claim Period as did the databases that were used
• Some Claim Data was entered into the systems manually which has resulted in inconsistencies and errors

These complexities and limitations were known at the time the Settlement Scheme was drafted and approved by the Court. Accordingly, the Settlement Scheme prioritises practical fairness and efficiency over impossible precision.

It was explicitly acknowledged by all parties at the time of the settlement approval that given the nature of the Claim Data, the Settlement Scheme should not be designed to calculate each Participating Group Member’s loss to the exact dollar. This would not be possible based on the available Claim Data and would cause unreasonable delay and cost.

The alternative to relying on the Claim Data provided to the Scheme Administrator by NSW Health was to require Participating Group Members to produce complete pay and roster records to prove their claim. This would have placed the burden on Participating Group Members and would have prevented many from participating in the Settlement Scheme because they understandably no longer held complete records or did not have the time to locate and produce them. This approach would have resulted in compensation payments being delayed many years and many junior doctors missing out entirely.

The Settlement Scheme provides that where the Scheme Administrator has identified limitations in the Claim Data, reasonable estimates and averages are to be applied. The focus is on applying a consistent methodology across all Participating Group Members to ensure fairness. The same principals and calculation methodologies have been applied to everyone.