Employment Contracts for Medical Practice Staff: Essential Inclusions
A well-drafted employment contract protects both the employer and employee. Learn what should be included in contracts for medical practice staff.
Lukasz Wyszynski
Principal Solicitor
Why Employment Contracts Matter
While written employment contracts aren't legally required in Australia, they're essential for medical practices. A good contract:
- Clarifies expectations on both sides
- Protects confidential patient information
- Prevents disputes about entitlements
- Enables enforcement of post-employment restrictions
Essential Contract Elements
1. Position and Duties
Clearly define:
- Job title and reporting structure
- Key responsibilities and duties
- Hours of work and flexibility requirements
- Location(s) of work
2. Remuneration and Benefits
Specify:
- Base salary or hourly rate
- Superannuation contributions
- Bonuses or incentives (if applicable)
- Allowances (uniform, parking, etc.)
- Salary review provisions
3. Leave Entitlements
Cover all leave types:
- Annual leave (minimum 4 weeks)
- Personal/carer's leave
- Parental leave
- Long service leave
- Any additional leave provided
4. Confidentiality
Critical for medical practices:
- Define confidential information broadly
- Include patient information specifically
- Specify obligations during and after employment
- Address social media and communications
5. Restraint of Trade
Consider including:
- Non-compete provisions
- Non-solicitation of patients
- Non-solicitation of staff
- Reasonable geographic and time limits
Award Compliance
Most medical practice staff are covered by:
- Health Professionals and Support Services Award
- Nurses Award
Ensure contracts meet or exceed minimum award entitlements.
Common Mistakes to Avoid
- Using generic templates: Medical practices have specific requirements
- Ignoring awards: Contracts can't reduce award entitlements
- Unreasonable restraints: Courts won't enforce excessive restrictions
- Missing probation provisions: Include clear probation terms
- Unclear termination: Specify notice periods and grounds
Our Service
We prepare customised employment contracts for medical practices that:
- Comply with relevant awards
- Protect patient confidentiality
- Include appropriate restraints
- Reflect your practice's specific needs
Contact us for a contract package tailored to your practice.
This article is general information about Australian law and is not legal advice. It does not take account of your circumstances, and you should not act on it without obtaining advice about your own situation. Liability limited by a scheme approved under Professional Standards Legislation.
Lukasz Wyszynski
Principal Solicitor
Principal Solicitor of Hamilton Bailey, a sole-practitioner law practice in Adelaide focused on healthcare and medical practice law.