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So you’re a home care provider who enters into brokerage arrangements … or are you?
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So you’re a home care provider who enters into brokerage arrangements … or are you?

‘Brokerage’ is a term frequently used by home care providers. In our experience it has become a term used to describe a number of situations in which providers use a third party to deliver services to a care recipient (ie client). In truth, an approved provider who engages a third party service provider can do so under a brokered model (as an agent) or under a subcontracting arrangement (as principal to a subcontractor)....

  1. Aged Care Blog

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Consumer Protection announces review of retirement village contracts

Acting Commissioner for Consumer Protection David Hillyard advised that the investigation will examine various contracts offered by retirement village operators to see if they breach the "unfair contract terms" provisions of the Australian Consumer Law (ACL). One focus of the investigation will be the 'deferred management fees' or 'deferred residency fees' often payable when a resident vacates their unit....

  1. Aged Care Blog

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Unsigned Resident Agreements: what does this mean for aged care providers?

Aged Care Act requirements for Resident Agreements The Aged Care Act 1997 (Act) says a provider must give all prospective residents or their representatives an accommodation/resident agreement (Agreement) prior to entering care. The Agreement must set out that the person must choose to pay the accommodation payment or accommodation contribution by daily payments (DAP), refundable deposit (RAD), or a combination of both within 28 days of entry....

  1. Aged Care Blog

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Accreditation to work at private hospital does not give rise to a contract

The anaesthetist, who had worked at the Hospital for many years, claimed he had been bullied by two nurses at the Hospital in 2013 and 2014 and, as a consequence of his complaint to hospital management, he lost the opportunity to work on a particular surgery list conducted by another doctor. Prior to his complaint a significant portion of his work at the hospital was as anaesthetist to this surgeon....

  1. Health Blog

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Can emails be legally binding?

What will the court look for? When determining whether or not there is a binding contract the court will look objectively at the broader context of the emails and the intention of the parties, including: whether there is any indication that the parties intended to be bound immediately;, whether there is reference to a formal contract and intention to formally sign one; and, whether offer and acceptance of a contract can be read into the emails....

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Considering entering a medical practice lease? Here are some key things to consider.

What you should think about before entering into a medical centre lease Considering establishing a medical practice? An important step will be finding suitable premises from where to operate, which usually involves entering into a lease of a medical centre. Entering into a commercial lease is an integral part of setting up and operating a medical practice, and it is crucial you get this right both ...

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Are you ready for the new business-to-business unfair contract term laws?

ACCC Deputy Chair Dr Michael Schaper has explained that ”the new law will apply when a term in a small business standard form contract: causes a significant imbalance in the parties’ rights and obligations, isn’t reasonably necessary to protect the legitimate interests of the party advantaged by the term, and, causes financial or other detriment (such as delay) to a small business if it were relied on....

  1. Aged Care Blog

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