Physician Independent Contractor Agreement for Australia

Physician Independent Contractor Agreement Template for Australia

A comprehensive legal agreement governed by Australian law that establishes and regulates the independent contractor relationship between a medical facility and a physician. This document outlines the terms and conditions of the professional services arrangement, including scope of practice, compensation, compliance requirements, and mutual obligations. It incorporates relevant Australian healthcare regulations, medical practice standards, and independent contractor provisions while ensuring compliance with state and federal legislation regarding medical practice and contractor relationships.

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What is a Physician Independent Contractor Agreement?

The Physician Independent Contractor Agreement is essential for Australian healthcare facilities engaging physicians on a contractor basis rather than as employees. This document is typically used when medical practices or healthcare facilities require specialized medical services without establishing an employment relationship. It addresses key aspects such as service scope, compensation, compliance with medical regulations, insurance requirements, and professional obligations while maintaining the independent nature of the relationship. The agreement must comply with Australian healthcare legislation, including the Health Practitioner Regulation National Law, medical practice regulations, and independent contractor laws. It's particularly relevant in situations where physicians provide services across multiple facilities or maintain their own private practice while contracting with other healthcare providers.

What sections should be included in a Physician Independent Contractor Agreement?

1. Parties: Identifies the contracting medical facility/practice and the physician contractor, including their registered business names and ABNs

2. Background: Outlines the context of the agreement, including the practice's need for medical services and the physician's qualifications and capacity to provide them

3. Definitions: Defines key terms used throughout the agreement, including medical terminology, facility-specific terms, and legal concepts

4. Term and Engagement: Specifies the duration of the agreement and confirms the contractor status of the relationship

5. Services: Details the medical services to be provided, including scope of practice, specialties, and any specific procedures

6. Contractor Obligations: Lists the physician's responsibilities, including maintaining registrations, insurance, and compliance with medical standards

7. Practice Obligations: Outlines the facility's responsibilities, including providing necessary equipment and support services

8. Fees and Payment: Details the fee structure, payment terms, and billing arrangements

9. Insurance and Indemnity: Specifies required insurance coverage and indemnification obligations

10. Compliance and Quality: Addresses compliance with healthcare standards, accreditation requirements, and quality assurance measures

11. Confidentiality and Privacy: Covers obligations regarding patient information and practice confidentiality

12. Termination: Details circumstances and processes for ending the agreement

13. General Provisions: Standard legal clauses including governing law, dispute resolution, and entire agreement provisions

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

1. Medicare Billing: Required when the contractor will be billing through Medicare or handling bulk-billing arrangements

2. Teaching and Supervision: Included when the physician will be involved in teaching or supervising other medical staff

3. Research Activities: Necessary when the physician will be conducting or participating in research

4. Restraint of Trade: Include when geographic or practice restrictions are required post-termination

5. Equipment and Resources: Required when specific arrangements exist for physician-owned equipment or resources

6. Locum Coverage: Include when the physician has obligations to provide or arrange locum coverage

7. On-Call Duties: Necessary when after-hours or on-call services are part of the arrangement

8. Intellectual Property: Include when the physician will be developing protocols or materials for the practice

What schedules should be included in a Physician Independent Contractor Agreement?

1. Schedule 1 - Service Description: Detailed description of medical services, including specialties and procedures

2. Schedule 2 - Fee Schedule: Comprehensive breakdown of fees, payment rates, and billing arrangements

3. Schedule 3 - Practice Policies: Key operational policies and procedures the physician must follow

4. Schedule 4 - Required Insurance: Specific insurance requirements including types and minimum coverage

5. Schedule 5 - Equipment List: Inventory of practice-provided equipment and resources

6. Appendix A - Quality Standards: Relevant healthcare standards and accreditation requirements

7. Appendix B - Medicare Requirements: Medicare billing procedures and compliance requirements

8. Appendix C - Reporting Templates: Standard forms and templates for required reporting

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

Jurisdiction

Australia

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Healthcare

Medical Services

Allied Health

Private Medical Practice

Public Health

Medical Specialists

Primary Care

Hospital Services

Relevant Teams

Legal

Human Resources

Compliance

Medical Administration

Operations

Finance

Risk Management

Credentialing

Relevant Roles

Medical Director

Practice Manager

Hospital Administrator

Chief Medical Officer

General Practitioner

Medical Specialist

Healthcare Facility Manager

Compliance Officer

Legal Counsel

Human Resources Director

Operations Manager

Medical Services Manager

Industries
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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