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ARTICLE · 30 MAY 2023

Why tenant doctors should have their own privacy policy

Tenant doctors, as independent business owners, must ensure that they maintain policies that protect patient privacy.

AustraliaPrivacy

Doctors have been confidently referred to and characterised as independent contractor doctors for years. However, following recent case law, there has been a shift. The Thomas v Naaz case, in particular, shone a light on how a medical practice can be exposed to such a hefty retrospective payroll tax bill, as payments made to independent contractors can be considered payments made under a 'relevant contract' (under payroll tax legislation) and hence subject to payroll tax. Subsequently, we have seen an increase in medical practices reviewing and investing in new Agreements, including those which characterise the relationship as that of a landlord and tenant, i.e. like a serviced office arrangement, as there are usually some services that a clinic will provide to the doctor. Therefore, it is a prudent time for tenant doctors to consider what other legal documents they may need in place, including a Privacy Policy.

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