As specialist lawyers for medical practices and allied health clinics, we often get queries from physiotherapy businesses regarding their liability to pay superannuation and other entitlements to contracted physiotherapists, and the distinction between employees and contractors more broadly. Misclassifying workers and incorrectly assessing liabilities are key areas of concern for clinics and the process of engaging independent contractors involves navigating a complex legal landscape.

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Referral fees, also known as commission arrangements, are common in various industries, including healthcare. However, an arrangement where one healthcare professional pays another for referring patients, can raise significant legal and ethical concerns. In Australia, practices like this are generally prohibited due to the potential conflict of interest they create, compromising the integrity of patient care. In this article, we explore the obligations of health practitioners and the legal and ethical implications of such arrangements in Australia’s healthcare sector.

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At the end of 2020, the National Boards and the Australian Health Practitioner Regulation Agency (AHPRA) jointly revised the guidelines for advertising regulated health services. The revised guidelines implemented changes regarding the evidence required for claims about the effectiveness of a regulated health service, testimonials, protected titles, and claims about qualifications.

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Recent rulings issued by State Revenue Offices across Australia that detail how payroll tax will apply to medical practices have made it increasingly likely that payroll tax will be payable on payments to contracted general practitioners in certain circumstances. The practical reality of this is that many medical practices across Australia will need to begin paying payroll tax, which will likely result in an increase in out-of-pocket patient fees.

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In today’s dynamic healthcare landscape, the dream of starting your own practice has never felt more attainable yet daunting. With the world grappling with unprecedented challenges, healthcare professionals are increasingly considering the leap into entrepreneurship. But with so much global uncertainty, is now the right time to start a medical practice?

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The National Disability Insurance Scheme (NDIS) in Australia represents a significant step forward in providing support for individuals with disabilities, offering them greater choice and control over the services they receive. As everyone who is involved with the NDIS knows, there are significant changes proposed and expected to allow for a more inclusive, effective, and sustainable NDIS, with the government expected to act this year.

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As a medical practice owner, understanding your various tax responsibilities and the employment entitlement obligations that flow from running a practice can be challenging. A big question that has been asked of us recently is regarding payroll tax and superannuation contributions for contractors, which has led to this article to help guide you. Australia is a federation, which means there are some laws and regulations that apply at the federal level for all Australians, and states and territories have laws and regulations that they apply as well. So, while payroll tax is administered by state revenue authorities, superannuation obligations are under federal legislation overseen by the Australian Taxation Office (ATO). This means a determination that your practice is liable for payroll tax for

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In the inherently unpredictable world of private practice, medical and allied health owner-operators face the challenge of providing exceptional care to their patients and the necessity of navigating the complex terrain of risk management and practice contingency planning.

These foundational elements, often overshadowed by the day-to-day demands of clinical work, are critical in safeguarding the practice’s future, ensuring operational continuity, and upholding your profession's ethical and legal standards.

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In today's rapidly evolving healthcare landscape, medical practices face an array of challenges that test their resilience and adaptability. From navigating stringent regulations to competing in a technology-driven market, the pressure to remain relevant and efficient has never been higher. The onset of unpredictable global events, such as the COVID-19 pandemic, and the implementation of payroll tax for practitioners, has further underscored the urgency for practices to create a culture of innovation. The reality of the world right now, calls for a strategic approach to future-proofing—preparing your medical practice not just to withstand any upcoming challenges but to thrive in them.

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