Independent Services Agreement (for Nurse Contractors)
Independent Services Agreement (for Nurse Contractors)
A Services Agreement for Independent Contractor Nurses is used in a Medical Practice to contract with a Nurse who is an independent contractor.
Note: Price does not include GST
Additional Details
The You Legal Services Agreement template has been updated following the recent payroll tax case, Thomas and Naaz Pty Ltd v Chief Commissioner of State Revenue [2021] NSWCATAD 259. If you purchase this Fast Track Agreement, our lawyers will prepare the Agreement. Some clients would also like to deep dive into specific legal advice on certain aspects of the Agreement. We can assist with this and will provide you with an additional scope and quote if required.
Whilst this Agreement will be drafted in such a way as to reduce the risk of the practice becoming liable to pay payroll tax, the risk is not eliminated entirely, and we cannot guarantee that payroll tax will not become payable. The revenue office may look at the substance of the arrangement and determine that payroll tax is 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 Services Agreement for Nurse Contractors will:
Align expectations between the Practice and the Nurse Contractor;
Reduce the risk of a conflict between the Practice and the Nurse;
Ensure everyone is paid in accordance with their expectations; and
Protect both parties & 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 feedback is received within 30 days of
the first draft being sent); 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 Services Agreement for Nurse Contractors, here’s what you need to know:
Can I use this as a Template?
Absolutely! Our lawyers will discuss your needs and customise the Practitioner Services Agreement to suit you. Whether it be for one nurse contractor or ten, our Agreement can be made to be used as a template for other nurse 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.
Why do I need it in writing, if we have agreed verbally to the arrangement?
The State Revenue Office may also be interested in the nature of the working relationship. In order to protect both your practice (from payroll tax) and your contractor, an agreement needs to be very clear in writing that your independent contractor is not an employee.
I already have one, do I need to get it re-drafted?
Services 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 suggests there is an increased risk to your practice if this is not well-drafted. Therefore, we recommend leveraging an expert to ensure your Agreements do not expose your practice to any unnecessary risk.
How long does it take to prepare a Services Agreement?
You can give us the information we need to prepare your Services 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!
Can I use a Template I found Online?
There are a bunch of templates out there; however, if you’re not a lawyer, creating a legally-sound Services Agreement to protect your practice can be a serious headache. Just as a lawyer would refer a medical issue to a healthcare professional, we advise seeking the assistance of legal professionals, rather than attempting to handle legal matters themselves. Our Services Agreements, protect your practice by helping to ensure your practice is compliant with the relevant laws, and by fostering a relationship of trust between you and your independent contractor team members.
What is included in the cost of this Fast Track Solution?
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.
Have a Question?
Please be aware that our Standard Terms apply to this engagement: https://youlegal.com.au/standard-terms/