Top NT medico Simon Quilty sues Health Department for unpaid overtime

Specialist clinician Simon Quilty, who is the younger brother of celebrated artist Ben Quilty, claims he is owed back pay from the Territory government for more than 14,000 hours of unpaid overtime.

Specialist physician Simon Quilty outside the Alice Springs Local Court in 2022 after testifying at an inquest into the police shooting death of Kumanjayi Walker. Picture: Jason Walls

Prominent Northern Territory doctor Simon Quilty is suing the Health Department for what he claims is thousands of hours of unpaid overtime spanning almost a decade working in NT hospitals.

In a statement of claim filed with the Federal Court, Dr Quilty claims the department failed to pay his overtime entitlements while he was working as a senior registrar and specialist clinician at the Katherine and Alice Springs hospitals between 2012 and 2021.

Dr Quilty claims he was paid an annual salary of between $194,801 and $240,482 while working at the hospitals between 2017 and 2022 but was also entitled to a higher duties allowance, overtime and weekend and public holiday pay.

Between March 2014 and March 2015, Dr Quilty claims he worked 670 hours of “immediate roster, first roster and unrostered overtime”, plus 1412 hours of “clinical advice by telephone overtime” and 44 hours of “call backs”.

Dr Quilty, who is the younger brother of celebrated artist Ben Quilty, claims the same pattern was repeated every year until March 2019, for a total of more than 10,000 hours of overtime, as well as another 4637 hours in 2020 and 2021.

“The respondent did not pay the applicant for any of the overtime worked by the applicant, pleaded (in the paragraph) above,” the document reads.

Simon Quilty claims the NT government owes him back pay for thousands of hours of overtime worked at Territory hospitals. Picture: Jason Walls

“As a result of the respondent’s breaches and the respondent’s contraventions, the applicant has suffered loss in the form of not receiving monetary payments he was entitled to be paid for the overtime he worked or the ability to accrue interest on the money he was entitled to be paid.

“By reason of the respondent’s breaches causing the applicant’s losses, the applicant is entitled to damages at common law, the particulars and quantum of which will be provided closer to trial.

“By reason of the respondent’s contraventions causing the applicant’s losses, the applicant is entitled to compensation pursuant to section 545 of the (Fair Work Act), the particulars and quantum of which will be provided closer to trial.”

Dr Quilty is seeking a declaration that the department contravened the act by failing to pay his overtime as well as damages, compensation and “an order that the respondent pay a pecuniary penalty”.

The department is yet to file a defence with the court.