Proposed Industrial Action NSW

See ASMOF’s media release dated 2 April 2025.

Any salaried doctor working for NSW Health who is an ASMOF member will be in breach of an order made by the IRCNSW on 1 April if they participate in the proposed industrial action starting 8 April 2025.

Individual doctors can be compelled to attend the IRCNSW to explain why no action should be taken against them in response to the breach, however the IRCNSW can only impose a fine or penalty on ASMOF (and its officers and staff), not on individual doctors.

The MDA National policy will respond in relation to complaints and investigations, subject to the usual terms and conditions of the policy but no cover will be provided for negligence claims (public patient in a public hospital) which would ordinarily be indemnified by the Treasury Managed Fund (the TMF).

It is important to note that NSW Health is urging doctors to reconsider taking industrial action on the basis that “there is no ‘right’ to take industrial action when orders against industrial action have been issued, and your employer can require you to attend for your rostered shift.”

Advice to salaried doctors from NSW Health confirms that indemnity provided by the TMF for doctors employed in the NSW public health system for claims by public patients in a public hospital may be at risk in the event of claim which arises as a result of your participation in industrial action, contrary to Dispute Orders.

If you attend work but refuse a reasonable and lawful direction which results in a claim against NSW Health, you may be at greater risk with respect to indemnity as the TMF might not indemnify you for that claim.

We can’t anticipate what action will be taken against salaried doctors who participate in the industrial action, however there could be ramifications for individual doctors with respect to a potential breach of your employment contract and/or the NSW Health Code of Conduct for failure to comply with any reasonable and lawful directions.

Disciplinary action can be taken for failure to comply with the terms and conditions of your employment, and NSW Health also advised that:

"Depending on the impact of the conduct of the medical officers during the industrial action, NSW Health may make notifications to the AHPRA if there is a reasonable belief that a practitioner is placing the public at substantial risk of harm."

According to a statement from AMANSW:

If you are a Visiting Medical Officer, please note that, irrespective of the orders made by the Industrial Relations Commission earlier this week, VMOs cannot participate in the proposed industrial action.

• VMOs are not employees but contractors. As contractors, at law they are competitors with one another.
• Under the Competition and Consumer Act 2010, competitors cannot collectively decide to withdraw services (in whole or in part) and this includes industrial action.

NSW Health has indicated that you may not be paid if you do not work or if you attend the hospital and undertake limited duties.

Sick leave and other entitlements will be subject to the usual terms of your contract.

As we saw during the pandemic, you may be lawfully redeployed to another location or department within NSW Health, provided you have the training, skills and knowledge to undertake the work and/or access to adequate supervision.

No. And you can’t be subject to detrimental treatment for not participating in the industrial action. If this happens to you, contact MDA National for advice.

The AMA (NSW) Workplace Relations team can be contacted for individual advice and support on workplace@amansw.nsw.com.au or (02) 9439 8822.

For confidential support and access to healthcare, contact the Doctors’ Health Advisory Service NSW on (02) 9437 6552.