Additional Details

Whilst this Agreement will be drafted in such a way as to reduce the risk of the independent contractor being deemed and employee, and hence the business being responsible for leave entitlements, superannuation and/ or payroll tax, the risk is not eliminated entirely, and we cannot guarantee that these items will not become payable. Both the ATO and each state/ territory revenue office may look at the substance of the arrangement and determine whether these are payable, and/or the laws in this area could further develop which may affect your position. We suggest getting separate advice in relation to this issue, please let us know if you would like this advice and we can provide you with an additional scope and quote if required.

The Independent Contractor Agreement will:

1. Align expectations between the Practice and the Independent Contractor;

2. Reduce the risk of a conflict between the Practice and the Independent Contractor;

3. Ensure everyone is paid in accordance with their expectations; and

4. Protect both parties and start the relationship on the right foot.

Once you Purchase this Agreement:

1. You will receive an email from us giving you the option to either:

• provide us with the information we need to prepare the Agreement via our instructions sheet that we will send to you; or

• book a call to provide us with the information we need to prepare the Agreement.

2. We will then prepare the first draft of the Agreement based on your instructions;

3. We will provide the draft Agreement to you by email;

4. You are welcome to either talk to us on the telephone (for up to 30 minutes) or email your comments and questions about the draft Agreement;

5. We will then finalise the Agreement (if any changes are required and if instructions are received within 30 days of us sending you the first draft); and

6. You have a new asset to use in your Practice.

Frequently Asked Questions

If you are considering engaging You Legal to prepare an Independent Contractor Agreement, here’s what you need to know:

Employees work in and are part of the business. Independent contractors provide services to the principal business. This determination is based on several ‘indicators’ including control and independence over worked performed, who supplies the equipment, worker’s ability to delegate/subcontract work, payment of tax and risk assumed. To read more about this distinction: click here or get in touch, as it’s a complex legal landscape to navigate.

Absolutely! Our lawyers will discuss your needs and customise the Independent Contractor Agreement to suit you. Whether it be for one independent contractor or ten, our Agreement can be made to be used as a template for other independent contractors to suit your practice now and into the future. So no, you don’t have to keep coming back to us each time you need to make a change, making it an investment in your business.

The law changes constantly. Having a well-drafted Independent Contractor Agreement removes ambiguity and a “he said, she said” scenario if the relationship is ever challenged. An implied agreement, or a poorly drafted written one, can leave you open to many risks, including a retrospective payroll tax bill.

Independent Contractor Agreements are not new - independent contractor arrangements have been very popular in the health industry for a long time. However, recent case law and legislation suggest there is an increased risk to your practice if this is not well-drafted, and recent changes to the law need to be considered and incorporated into the template. Therefore, we recommend leveraging an expert to ensure your Agreements do not expose your practice to any unnecessary risk.

You can give us the information we need to prepare your Independent Contractor Agreement in under 15 minutes using our simple and effective instructions sheet. Alternatively, we can send you a link to our calendar to book a call with us. Once we have this information, we can get started drafting your Agreement straight away!

There are a bunch of templates out there. However, if you’re not a lawyer creating a legally-sound Independent Contractor Agreement to protect your practice can be a serious headache. Just as a lawyer would refer a medical issue to an independent contractor, we advise health and medical professionals to seek the assistance of experienced health law lawyers rather than attempting to handle legal matters themselves. Our Independent Contractor Agreements help protect your practice, and foster a relationship of trust between you and your independent contractor team members.

The above price is inclusive of the finalised Agreement and the process of getting there. From providing us with the information, to making sure you understand it and making the changes you request, to getting your finalised template Agreement. For more details on the exact process and what’s included, see the ‘Once you purchase this Agreement’ section above.

For the avoidance of doubt, this scope does not include detailed legal advice, which we can provide if required. If you request this advice, we will provide you with a scope and quote so that you get the specific advice you need for your clinic.