In Australia’s dynamic medical and healthcare sector, organisational restructures, changes in funding, or shifting service demands can lead to the difficult but sometimes necessary decision to make a role or roles redundant. Whether you are a healthcare employer navigating structural change, or an owner feeling the uncertainty, understanding your legal rights and obligations is key.

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A shareholders agreement is the cornerstone of governance for any medical practice. This document sets out how decisions are made, how profits are distributed, and how disputes are managed. But it is not just a legal document, it is a rulebook for your medical practice. Despite it’s vital importance, all too often we see medical practices overlook their shareholder agreement

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For practice owners and managers across Australia, navigating the complexities of payroll tax has become increasingly challenging. Since the initial Thomas and Naaz decision, where the NSW Civil and Administrative Tribunal (NCAT) found that payments made to contracted medical professionals under the standard service fee model could attract payroll tax liability, uncertainty has loomed over the industry.

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Starting a health-focused not-for-profit (NFP) is a powerful way to contribute to your community and pursue your purpose. Whether your mission is improving access to medical services, delivering mental health programs, or supporting under-served communities using technology, the right legal structure will set the foundation for your organisation’s success.

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When it comes to privacy and data security, there have been two recent significant changes to the privacy and legal framework governing patient data in Australia:

• The Privacy and Other Legislation Amendment Act 2024 (Cth) (POLA); and

• Western Australia's Privacy and Responsible Information Sharing Act 2024 (PRIS).

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Australia’s medical and health workforce is undergoing significant changes due to a combination of demographic, policy, and systemic factors. As the workforce landscape in the industry continues to shift, we have noted that more medical practices are engaging doctors (especially International Medical Graduates (IMGs) and Registrar Doctors) as employees.

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In today’s healthcare landscape, many practitioners wish to retain as much independence as possible. Often, a services agreement is used to facilitate the practice (or service entity) providing administrative support while maintaining clinical independence and allowing the practitioner to provide their services from within the practice’s premises. While these arrangements offer significant benefits for both parties, they also raise complex questions when it comes to marketing and advertising, including under the Australian Health Practitioner Regulation Agency (AHPRA) advertising guidelines.

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For many medical practices, staffing costs represent one of the highest expenses—and often one of the greatest areas of risk. In the medical field, where patient care is paramount and regulations can be complex, the decision to classify a doctor as either a contractor or an employee is crucial. Getting it wrong can lead to significant legal and financial consequences.

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When running a medical or health practice, it’s easy to feel overwhelmed by the sheer number of legal and operational risks that need to be considered. From patient complaints to regulatory audits, the landscape can seem complex, but the truth is, your legals don’t need to be complicated. By implementing some key strategies, medical and health professionals can protect their practices, reputations, and financial well-being.

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