Australian Medical Association

Guidelines for preparing a submission to the MBCC

These guidelines are designed to assist doctors and supervisors in negotiating flexible working arrangements.

Many doctors are engaged on individual contracts in private medical practice, including part-time and locum arrangements. There are benefits for both the parties to employment or independent contracts in having their respective rights and obligations clearly understood and well documented. This enhances the working relationship and helps to prevent unnecessary disputes. The complexity of the law and issues involved in employment and contracts are such that neither negotiating party may have adequate information to strike a reasonable deal that meets their obligations and protects their interests. Many of the problems that arise could be avoided if parties to medical service contracts were aware of the key issues in drawing up contracts. These guidelines are designed to serve the interests of both parties to medical service contracts. In an environment free of state or federal award regulation it is desirable for individual doctors to seek independent legal or accounting advice on their contracts.

There is increasing pressure on the public hospital system in Australia and constant debate about the level and allocation of health care resources, leading to changing models of hospital management and medical practice. It follows that there is likely to be pressure on doctors working in public hospitals and other health care institutions to make clinical decisions on economic or other non-medical grounds rather than what is best for the patient. The World Medical Association has recognised this as an international issue, leading to the release in March 1999 of the WMA Statement on Professional Autonomy of the Physician. The AMA maintains that all doctors have an obligation to speak out when they believe that the quality of patient care is compromised.

AMA Position Statement: Guidelines for Doctors Acting as Expert Medical Witnesses - 1997