(This is provided as general information. It is NOT legal advice.Always seek legal advice about these matters about your individual circumstances)

(EA- Employment; ICA-Independent Contractor Agreement; SFA- Service and Facility Agreement)

RelationshipContract of service between employer and dentist -Subject to Employment common law and Far Work ActContract for service between principal (practice) and contractor (dentist)Contract for provision of facility and services between principal (dentist and their own professional practice) and service provider ( the clinic )
Liability can lie solely with Engaged Dentist ?NoYes to some degreeYes to some degree
Patient Records owned by practice ?Yes (common law)Can be in contractCan be in contract
Dentist Public Liability Insurance?NoYesYes
Dentist Professional Indemnity ?Yes, AHPRA requiredYes, AHPRA requiredYes, AHPRA required
Fair Work Act Applies – Unfair DismissalYes, but can be reduced.Generally No, but can be claimedGenerally No but can be claimed
Fair Work Act Applies – Leave entitlementsYes.Generally No, but can be claimedGenerally No ,but can be claimed
Long Service LeaveYesGenerally Not,but can be claimedGenerally No, but can be claimed
Antii discrimination Law ? FWAct and ADC (Cth) and StateYesYes
Who has Invoice Responsibility ?Not applicableYes – dentistYes- practice
Flexibility in setting Hours by agreement ?YesYesYes
Hours determined by Practice OnlyYesNoNo
Termination with limited noticeYesYesYes
Facilities to be providedYesYesYes
Goodwill protected by RestraintYesYesYes
Commission less Direct CostsYesYesYes
Engaged Dentist as Company or TrustNoYesYes
Suit Junior Dentists who need direction and controlYesUnlikelyUnlikely
Payroll Tax LiabilityYesProbablyPossibly not
Superannuation LiabilityYes- quantified at SGCProbablyPossibly
Retainer plus CommissionYesYesDifficult to arrange