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Private Practice Independent Contractor Agreement Template for Australia

This Private Practice Independent Contractor Agreement is designed for use in Australian healthcare settings, establishing the legal framework for engaging medical practitioners as independent contractors in private medical practices. The agreement complies with Australian federal and state healthcare regulations, including the Health Practitioner Regulation National Law and Independent Contractors Act 2006. It covers essential aspects such as service provision, fee arrangements, compliance requirements, professional obligations, and risk allocation, while maintaining the distinction between independent contractor and employment relationships.

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What is a Private Practice Independent Contractor Agreement?

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.

What sections should be included in a Private Practice Independent Contractor Agreement?

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

What sections are optional to include in a Private Practice Independent Contractor Agreement?

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

What schedules should be included in a Private Practice Independent Contractor Agreement?

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) @ tiktok˰ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Australia

Publisher

tiktok˰

Cost

Free to use

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