Private Practice Independent Contractor Agreement Generator for Australia

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Key Requirements PROMPT example:

Private Practice Independent Contractor Agreement

"I need a Private Practice Independent Contractor Agreement for a specialist dermatology clinic in Sydney, engaging three medical specialists who will each work 3 days per week starting March 2025, with specific provisions for shared equipment usage and research activities."

Document background
The Private Practice Independent Contractor Agreement is essential for Australian medical practices engaging healthcare practitioners on a contractor basis. This document is specifically designed to establish and maintain compliant contractor relationships in healthcare settings, distinguishing them from employment arrangements while meeting regulatory requirements. It addresses key aspects including service scope, fee structures, professional obligations, insurance requirements, and compliance with healthcare standards. The agreement is particularly relevant in contexts where medical practitioners provide services across multiple practices or maintain independent professional autonomy while working within established practice frameworks. It incorporates provisions to comply with the Independent Contractors Act 2006, healthcare regulations, and professional standards set by the Medical Board of Australia.
Suggested Sections

1. Parties: Identification of the practice entity and the medical practitioner, including registration details and ABN

2. Background: Context of the agreement, nature of the practice, and intention to engage as independent contractor

3. Definitions: Key terms used throughout the agreement, including medical services, practice policies, billing arrangements

4. Term and Engagement: Duration of the agreement, commencement date, and nature of the contractor relationship

5. Services: Detailed description of medical services to be provided, including scope of practice and service standards

6. Contractor Obligations: Key responsibilities including compliance with regulations, maintaining registration, insurance requirements

7. Practice Obligations: Facilities and support provided by the practice, including equipment and administrative support

8. Fees and Billing: Payment terms, fee splits, billing procedures, and payment frequency

9. Insurance and Liability: Professional indemnity requirements, public liability, and risk allocation

10. Compliance and Quality: Adherence to healthcare standards, practice policies, and regulatory requirements

11. Confidentiality and Privacy: Handling of patient information, practice data, and privacy obligations

12. Termination: Grounds for termination, notice periods, and post-termination obligations

13. Dispute Resolution: Process for handling disagreements and conflicts

14. General Provisions: Standard boilerplate clauses including governing law, entire agreement, and amendments

Optional Sections

1. Restraint of Trade: Non-compete and non-solicitation provisions, used when protecting practice goodwill is crucial

2. Intellectual Property: IP ownership and usage rights, relevant when research or specialized procedures are involved

3. Equipment and Resources: Detailed provisions for specialist equipment or resources, used when contractor brings own equipment

4. Locum Arrangements: Provisions for temporary coverage and leave arrangements

5. Teaching and Supervision: Obligations regarding training junior staff or students, if applicable

6. Research Activities: Provisions for conducting research within the practice

7. Marketing and Promotion: Guidelines for promoting services and using practice branding

8. External Activities: Provisions regarding work at other practices or hospitals

Suggested Schedules

1. Schedule 1 - Fee Schedule: Detailed breakdown of fee arrangements, percentage splits, and payment calculations

2. Schedule 2 - Services Description: Comprehensive list of approved procedures and services

3. Schedule 3 - Practice Policies: Key operational policies and procedures of the practice

4. Schedule 4 - Insurance Requirements: Specific insurance types and minimum coverage levels required

5. Schedule 5 - Practice Facilities and Equipment: List of facilities, equipment, and resources provided by the practice

6. Schedule 6 - Quality Standards: Specific clinical and professional standards to be maintained

7. Appendix A - Practice Hours: Operating hours, on-call requirements, and scheduling arrangements

8. Appendix B - Compliance Checklist: List of required registrations, certifications, and compliance obligations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Healthcare

Medical Services

Private Practice

Allied Health

Primary Care

Specialist Medical Services

Health Administration

Professional Services

Relevant Teams

Legal

Compliance

Operations

Human Resources

Finance

Clinical Governance

Administration

Practice Management

Risk Management

Quality Assurance

Relevant Roles

General Practitioner

Medical Specialist

Practice Manager

Medical Director

Healthcare Administrator

Legal Counsel

Compliance Officer

Operations Manager

Human Resources Manager

Finance Manager

Clinical Director

Business Development Manager

Industries
Independent Contractors Act 2006 (Cth): Federal legislation governing independent contractor relationships, including provisions for unfair contracts and disputes resolution
Fair Work Act 2009 (Cth): While primarily focused on employment relationships, relevant for ensuring proper contractor classification and avoiding sham contracting arrangements
Health Practitioner Regulation National Law: Establishes the regulatory framework for health practitioners, including registration requirements and professional standards
Income Tax Assessment Act 1997 (Cth): Covers taxation obligations for independent contractors, including GST registration and Business Activity Statement requirements
Privacy Act 1988 (Cth): Governs the handling of personal and sensitive health information, particularly relevant for medical practices
Work Health and Safety Act 2011 (Cth): Outlines workplace safety obligations, which apply to both employees and contractors in a healthcare setting
Competition and Consumer Act 2010 (Cth): Contains provisions relating to business relationships, including unconscionable conduct and consumer protection
Professional Services Review Scheme: Governs Medicare compliance and appropriate practice in healthcare services
State/Territory Health Records Acts: State-specific legislation regarding the management and privacy of health records (varies by jurisdiction)
Medical Board of Australia Guidelines: Professional guidelines and standards that medical practitioners must adhere to, including in private practice settings
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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