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SIMPLY CLEVER Yeti 2WD and 4x4 • Bluetooth® and cruise control • VarioFlex adjustable rear seating • Seven airbags (incl. driver’s knee) • Alloy wheels • Available in 77TSI 2WD, 112TSI 4x4 and 103TDI 4x4 Superb sedan and wagon • Nine airbags (incl. driver’s knee) • Bluetooth® and cruise control • Park assist (wagon) • ŠKODA Superb Ambition available in 118TSI and 103TDI (sedan and wagon) • ŠKODA Superb Elegance available in 118TSI, 103TDI, 125TDI, 191FSI V6 (sedan and wagon) *Available at participating ŠKODA dealers to approved Business Applicants of ŠKODA Finance** for the entire Yeti range (new and demonstrator) and the entire Superb range (new and demonstrator) on a Hire Purchase over 36 or 48 months. Vehicles must be sold and delivered between 27th April and 30th June 2012. Offer ends 30th June 2012. While stocks last. Balloon restrictions apply. Full conditions are available on application. Fleet, government and rental buyers are excluded. Standard fees and charges apply.** ŠKODA Finance is a trading name of Volkswagen Financial Services Australia Pty Limited. ŠKODA Finance reserves the right to extend or change this offer. Drive away feeling extra clever Fabia Monte Carlo $ 21,990 driveaway 1 Octavia 90TSI Liftback $ 24,990 driveaway 2 Octavia 90TSI Wagon $ 26,990 driveaway 3 • Six airbags • 16’’ alloy wheels • Alloy sports pedals • Bluetooth® and cruise control • Front sports seats • Six airbags • Electronic Stability Control (incl. ABS, EBD, ASR) • Bluetooth® and cruise control • Multi-function leather steering wheel • 15’’ alloy wheels • Electronic Stability Control (incl. ABS, EBD, ASR) • Bluetooth® and cruise control • 1,620 litre luggage space† (wagon) • 15’’ alloy wheels 3-year unlimited km warranty plus 2-year extended warranty on all demonstrators^ 1. Driveaway price for a ŠKODA Fabia Monte Carlo 5-sp manual (no added options). 2. Driveaway price for a ŠKODA Octavia 90TSI Liftback 6-sp manual (no added options). 3. Driveaway price for a ŠKODA Octavia 90TSI Wagon 6-sp manual (no added options). All driveaway prices are available at participating ŠKODA dealers for stock vehicles ordered and delivered up to 30 June 2012. While stocks last. Private buyers only. †Rear seats down. ^Two-year extended Factory Warranty on remaining warranty terms of all ŠKODA demonstrator vehicles. Available at participating ŠKODA dealers. Offer ends 30 June 2012. While stocks last. Private buyers only. Automotive Group Melville Skoda 170 Leach Highway, Melville. DL14687 Phone: 9330 0777 Web: www.melvilleskoda.com.au 22 MEDICUS May
Negotiating your contract AMA (WA) regularly assists members in negotiating contracts, with practices and hospitals, all over Western Australia. In this article the Association looks at some of the key issues to consider. Who are the parties? Is the contract between you (in an individual capacity) and a hospital or practice? Or is the contract between your practice and a hospital? In either case, ensure that the parties are correctly identified, and the relevant details (addresses and medical registration numbers, for example) are inserted. What is the term of the contract? A contract should not be so short that there is insufficient certainty for the parties to the contract; neither should a contract extend for too long, where agreed terms may no longer reflect contemporary practice. The appropriate balance between these factors should be determined by the parties to the contract. A large number of contracts reviewed by AMA (WA) are between three and five years’ duration. What are the obligations of each party? Ensure that the contract provides a reasonable framework for the services that you provide, and what the hospital promises to do in return. The contract should go into sufficient detail so that expectations are clear, although the document should not be overly prescriptive, such that it does not allow you sufficient flexibility of practice. What kind of legal relationship – independent contractor or employee? The contract must accurately describe your legal relationship with the practice or hospital. In On Call Interpreters and Translators Agency Pty Ltd v Federal Commissioner of Taxation, 1 the Federal Court reaffirmed that “[t]he relationship is to be found not simply from the contractual terms agreed to but by the system operated thereunder and the work practices which establish the ‘totality of the relationship’.” In other words, your contract may state that you are an independent contractor, yet the true legal relationship may be one of employer/employee. Some of the indicators of being an independent contractor include how much control you have over work that is undertaken, who bears the risk for that work, whether an invoice is raised (and GST charged) and whether work can be delegated. Can parties terminate the contract? A contract should allow a party the right to terminate contractual agreements, with reasonable notice provided. Three months’ written notice is provided for in most contracts, although this may be negotiated depending on the length of the contract and other relevant issues. Is there a restraint of trade clause? Restraint of trade provisions in a contract are terms that restrict doctors from providing medical services to other practices during the period of the contract and/or for a set period after that contract has expired. Such a term may state that “for three months following the termination of this agreement, the practitioner may not provide medical services to another organisation within one kilometre of the practitioner’s current practice”. In 2010, the Supreme Court of New South Wales in Symbion Medical Centre Operation Pty Ltd v Alexander 2 held that such restraint of trade clauses may not be enforceable, depending on the particular facts at hand. The court cited McHugh Holdings Pty Ltd v Newtown Colonial Hotel Pty Ltd, 3 which stated that: “whether a restraint is reasonable depends upon two questions: first, whether the covenantee has a legitimate protectable interest, and secondly, whether the restraint is no more than reasonable for the legitimate protection of that interest.” In other words, the question to be asked is whether a corporate entity (with commercial interests) may enforce a restraint of trade clause against a medical practitioner (who arguably has a different interest – the provision of medical services). What is covered in the schedules? Many contracts for medical practitioners have key terms in the schedule to the contract, which may include practitioner information, salary and other benefits. It is important to ensure that the information in the schedules reflect what has been agreed between you and the practice/ hospital. Is the contract duly executed? On the execution (signing) page of the contract, you should ensure that the parties are accurately described, and that each party has signed at the appropriate location. There should also be a date on the execution page, regardless whether the date is elsewhere in the contract – the date you sign the contract should be the date on the agreement. Lastly, do also ensure that a final copy of the executed agreement is provided to you as soon as practicable. Summary It is important to obtain professional advice before entering into any agreement, and to understand each of its terms and conditions before signing. After the contract is signed, realise that this written agreement is merely a framework for establishing a working relationship in what can be a dynamic environment. While having a well-drafted contract can help define roles, responsibilities and set out dispute resolution mechanisms, it is worth remembering that ultimately the success of any agreement depends on the ongoing relationship between the relevant parties. Where the relationship is good, minor disagreements can be dealt with quickly and professionally, but a deteriorating relationship can turn minor disputes into intractable problems. AMA (WA) members who need advice on a contract, please contact the Association on 08 9273 3000. 1. On Call Interpreters and Translators Agency Pty Ltd v Federal Commissioner of Taxation (No 3) [2011] FCA 366. 2. Symbion Medical Centre Operation Pty Ltd v Alexander [2010] NSWSC 1047. 3. McHugh Holdings Pty Ltd v Newtown Colonial Hotel Pty Ltd [2008] NSWSC 542. May MEDICUS 23
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Page 3 and 4: Dear Colleague Welcome to the AMA (
Page 5 and 6: Council President A/Prof David Moun
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Page 9 and 10: Rights of Private Practice The Asso
Page 11 and 12: More than medical indemnity MDA Nat
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Page 15 and 16: AMA Medical Products: EDAN AMA Medi
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Page 23: A Huge HBF saving for AMA Members.
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Page 31 and 32: Industrial: Cost Shifting and/or Pr
Page 33 and 34: DiT Working Party Part Time Employm
Page 35 and 36: • Representations to RPH for the
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Page 39 and 40: MIGA’s indemnity service A DOCTOR
Page 41 and 42: A NEW Burns Telehealth service will
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Page 45 and 46: Osborne Park Volkswagen AMA Members
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Page 55 and 56: AMA WA FINANCE Medical Practice Ins
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