Doctor & Allied Health Contracts and Structures | Everglow
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For contracting doctors and allied health professionals

Contracts and structures, explained before you sign

Reviewed by Panbo Ye, CFP®, FCPA Last reviewed

Before you sign, we read your contract with you, put a dollar value on each clause and check which structure fits the rules.

Your first meeting is at no cost, with no obligation · English or Mandarin

Who this is for
  • GPs, specialists and locums offered a service and facilities agreement
  • Physios, psychologists, dentists and other allied health contractors
  • Registrars about to sign their first contractor agreement
  • Anyone asked to “set up a company” to start work

At a glance

What working with us looks like

Your first meetingFree, no obligation. This is a contract review: bring the draft agreement and any emails that came with it. We confirm scope and fees in writing before any work starts.
What’s includedA review of your draft contract with each clause given a dollar value, a structure and tax check, and a written summary of points to raise. We work alongside your lawyer for legal drafting.
Who you’ll work withA client manager as your single contact, a senior tax manager reviewing your work, and me, Panbo Ye (CFP®, FCPA), leading advice.
FeesPersonal tax return with a financial wellbeing check $330; sole-trader schedule from $550; tax planning from $1,500 (+GST). See all fees

Three common models

First, know which deal you are being offered

EmployeeContractor paying a service feeContractor paid a percentage
How the money flowsThe practice pays you wagesPatient fees and Medicare benefits come to you; the practice invoices you its fee plus GSTThe practice collects all fees and pays you a share
SuperThe practice pays super guaranteeUsually your own responsibilitySuper guarantee can still apply if the contract is mainly for your labour
Payroll tax riskThe practice’s costLower when the money flow and agreement are genuineHigher, and often pushed back to you through the split
GSTNot relevant to youYour health services are generally GST-free; the service fee usually carries GSTDepends on the paperwork, and often misunderstood
Control and flexibilityLeastMostIn between

The label on the contract does not decide the answer. Payroll tax, super and income tax each apply their own tests, and fixing one can create a problem in another. That is why we look at all three together.

How to read your contract

The clauses that matter, and what to ask

Clause by clause: what to ask
PartiesIs the practice named by its legal entity and ABN, not just a trading name? Is the contract with you or with your company?
Fee basisIs the service fee charged on receipted fees (money actually received) or on billed amounts? Is GST added on top or already inside the percentage?
What the fee buysRooms, reception, nursing support, consumables, equipment, after-hours cover, IT, marketing. Anything not listed may be charged again later.
Money flowWhose bank account receives Medicare and patient payments? How often do you receive billing reports, and how quickly are you paid?
IncentivesWho keeps bulk billing incentives, your BBPIP share, practice nurse items such as 10997, and other program payments?
Payroll tax and superDoes any clause ask you to reimburse the practice’s payroll tax or super? That is a real cost and needs to be priced in.
Bad debts and refundsWho wears unpaid accounts, rejected claims and refunds? Is the service fee reversed when a fee is never collected?
Term and noticeIs it ongoing or fixed? A fixed term with damages for leaving early can be expensive. Is the notice period realistic for both sides?
RestraintHow far, how long, and what does it stop you doing? Restraints over patients you brought with you deserve close attention.
Patient recordsWho owns them, and can you get a complete copy if a complaint, claim or audit arises after you leave?
Medicare responsibilityYou remain legally responsible for every claim made under your provider number. Nothing in the contract should take control of your billing away from you.
PromisesAnything you were told verbally, such as session numbers, room allocation or fee reviews, should be in writing. An entire-agreement clause usually wipes out the rest.
Good signs and red flags

Good signs

  • Fees charged on receipted amounts, with GST shown separately
  • Your fees paid into your own account, or a trust account held for you
  • Monthly billing reports you can reconcile to Medicare and fund remittances
  • A clear list of what the service fee covers
  • Incentive payments allocated in writing
  • Reasonable notice and a restraint limited to what protects the practice fairly

Red flags

  • Fees calculated on billed amounts, so you pay on money you never receive
  • GST charged twice, or added to a percentage that already included it
  • Clauses passing the practice’s payroll tax or super cost to you
  • No reports, or reports only on request
  • Long fixed terms with damages, or restraints of several kilometres for years
  • Pressure to sign quickly, or to set up a company before anyone has looked at the numbers

Choosing a structure

Sole trader, company or trust?

Many contracting clinicians are told a company or family trust will save tax. Often it will not, because of the personal services income (PSI) rules.

Personal services income

When most of your income comes from your own skills and effort, the PSI rules generally tax it as yours, even if it is paid to a company or trust. Passing a results test, or the unrelated clients, employment or business premises tests (with the 80% rule), can change that, but many contractors do not pass.

When sole trader is right

Simple, low cost and fully compatible with PSI. With a separate tax account and the right super strategy, it is often the simplest fit for an individual contractor.

When an entity can help

Employing staff, running a business that does not rely only on your own work, building towards practice ownership, or genuine asset-protection needs. We test it against the rules and your numbers before anything is set up.

Super for contractors

Nobody pays your super if you do not. Concessional contributions, carry-forward of unused caps and Division 293 above $250,000 all deserve a plan.

Insurance and indemnity

Contractors are not covered by a practice’s workers compensation. Income protection, indemnity and public liability need to be your own. Income protection for doctors →

ABN, GST and records

Your ABN, GST registration where required, invoicing and record-keeping set up correctly from day one, so tax time is simple.

How it works

How it works

  1. Bring your numbers.The draft before you sign, with any emails or promises that came with it.
  2. See the full picture.Your expected take-home under the offer, with each clause given a dollar value.
  3. Clear actions in writing.A written summary of points to raise. Where legal drafting is needed, we work with your lawyer.
  4. Stay on top of it.Structure and tax planning, and a fresh look whenever your agreement changes.

Book online

Book your first meeting

Send us your draft contract before you sign, and I’ll tell you plainly what the numbers say. In English or Mandarin, in Chatswood or online. Prefer to talk first? Call 1300 913 929 or 0405 913 913.

Calendar not showing? Open the booking calendar in a new tab → or call 1300 913 929.

Reviewed for accuracy

Who checked this guide

Panbo Ye, CFP®, FCPA, SMSF Specialist Adviser™ and registered tax agent; founder of Everglow.

Last reviewed:

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Guides for medical and health professionals

General information only. This page is general in nature and does not take into account your objectives, financial situation or needs. Rules, rates and Medicare items change; figures are current at the date of publication and should be checked against the ATO, Services Australia, MBS Online and your state revenue office before you act. Everglow is not a law firm: we review the financial, tax and commercial side of agreements and work alongside your lawyer for legal advice. Clinical and coding decisions always remain with the treating practitioner. Tax services are provided by Everglow Accounting Pty Ltd and Kam & Beadman Pty Ltd (liability limited by a scheme approved under Professional Standards Legislation). Financial advice is provided by Everglow Wealth Pty Ltd, Corporate Authorised Representative No. 1254987 of PGW Financial Services Pty Ltd (AFSL 384713).

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