Why is it dangerous and not a good idea to do your own lawyering?

Specific, tailored and carefully drafted legal agreements are essential to ensure proper protection of your medical or allied health practice. Increasingly, websites from non-lawyers (e.g. business coaches or professional associations) are purporting to offer “cheap, fast and convenient” templated legal documents.

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Sarah Bartholomeusz
What do the recent casual employment changes mean for your practice, in practice?

Around one in four employees work as ‘casuals’ in Australia, therefore it’s no surprise that many medical or allied health practices engage their support staff (or even their professional staff) as casuals. The recent amendments to the Fair Work Act (‘FW Act’), which came into effect on 26 August 2024, brought some notable changes relating to casual employment, including (but not limited to):

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Sarah Bartholomeusz
A magnifying glass on the Payroll Tax Exemptions: Taking a close look at your Practice

Many practices are now facing the reality that they must pay payroll tax. In recent years, we have seen a shift from payroll tax rarely, if ever, being payable on payments to independent doctors, to it arguably becoming more likely than not. Despite the overall outcome, one benefit for practices that does stem from the Rulings issued by the State Revenue Offices, is increased clarity.

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Sarah Bartholomeusz
A ‘how-to guide’ to legally and ethically leveraging AI in your medical practice

One of the most transformative developments in recent years is the emergence of artificial intelligence (AI), and the impact that it can have (and is currently having) in the medical field is profound. AI tools like Heidi and their competitors offer substantial benefits, from optimising operational efficiency to enhancing diagnostic accuracy.

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Sarah Bartholomeusz
A lie of the ‘superannuation’ land: What do physiotherapy businesses need to be mindful of when considering engaging independent contractors

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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Sarah Bartholomeusz
Understanding Referral Fees in Healthcare: Legal and Ethical Perspectives

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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Sarah Bartholomeusz
Navigating AHPRA’s and TGA’s New Advertising Guidelines for Cosmetic Surgery: What Clinics Need to Know

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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Sarah Bartholomeusz
How Far is too Far? The Risk Practices Face in Avoiding Payroll Taxes on Payments to General Practitioners

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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Sarah Bartholomeusz
Navigating the Journey of Starting Your Own Health or Medical Practice

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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Sarah Bartholomeusz