The key NTCER amendments to be implemented across the next 4 training semesters (2023.1-2024.2) include:

• staggered 4% increase to minimum Base Rate;
• extending Educational Release support for GPT3/CGT3 registrars;
• amending Educational Release to provide full-time parity for part-time registrars;
• strengthened focus on fatigue management through increase in allocated Administration Time;
• revised Preamble to emphasise the minimum nature of the terms and conditions under the NTCER, above which practices and registrars are free to negotiate for mutual benefit and according to commercial viability;
• replacing the Restrictive Covenant with a Non-Solicitation clause.

All registrars, regardless of their training placement category, are to be paid at their base rate of pay for mandated educational release that occurs during normal weekday hours. Registrars are not paid for educational release that occurs after hours or on weekends.

What has the educational release clause changed from 2023? 

The 2018 NTCER Agreement did not provide for paid educational release for GPT3 registrars and above.  This impacted registrars and training practices whose RTOs scheduled mandated training during the GPT3 term.

Full-time and part-time registrars are now equally entitled to time off in lieu on the nearest rostered day to (immediately preceding or immediately following) the educational release day.

Why has this change been agreed?

GPSA and GPRA agree equitable access to educational release for part-time registrars to be fair and reasonable. Previously, a part-time registrar mandated to attend a full-day workshop on a day the practice has not scheduled them to work has added this day to their training workload without any reference to fatigue management.

The intention behind providing a defined allocation for administration (admin) time is to allow a registrar sufficient time to keep their patient records up to date, follow up with patient matters, and consolidate learning.

Accordingly, it has been agreed to increase the admin time allowed for registrars under the revised NTCER to 30 minutes per half-day session, up to a maximum of 5 hours per week. This time is not cumulative and is to be allocated and used in each session.

Given this revision to the NTCER Agreement will require an amendment to rosters already drafted for Semester 1 of 2023 (2023.1), this change will not be effective as a minimum condition until Semester 2, 2023 (2023.2). For 2023.1, the minimum allowance for administration time remains “approximately” 2.5 hours.

Can a Registrar ‘bank’ their admin time to finish early each day or take a ½ day off each week?

No – the purpose of scheduling regular administration time is to assist with fatigue management, support the provision of a safe working environment for the registrar and practice staff, and importantly the safe provision of medical services to patients.

Can the practice provide additional admin time from Semester 1, 2023?

Practices are always free to allocate additional administration time above that included in NTCER. Practices and registrars should talk openly about what it may mean when additional admin time is routinely required. This might imply a need for extra support with time management, practice systems, or other topics that fall under the business of general practice.

GPRA and GPSA have worked together collaboratively in respect to the updated NTCER. We are committed to providing a minimum set of terms and conditions to ensure both registrars and practices are provided with standards that are fair and equitable, delivering safe working conditions in the context of GP training.

GPRA and GPSA are not party to your business structures, opportunities and challenges. We understand and acknowledge that each general practice across the country must be guided by its own business priorities, operating conditions and risks.

General practices and registrars should be comfortable to negotiate changes to financial terms (base rate, % and/or frequency of calculation) as long as any such changes neither fall below the minimum standards outlined in the NTCER.

Registrars can negotiate paying percentages and intervals as long as billing is calculated no less than once every 13 weeks.

Practices can choose to offer contracts that require paying percentages at any interval they find most beneficial to their circumstances so long as billing is calculated no less than once every 13 weeks.

Registrars, like employees in any industry, seek to be valued for their contribution.  A registrar who wishes to negotiate conditions above the minimum standards documented in the NTCER should be respected for valuing themselves and recognising what they can bring to the practice as an employee.

Whether or not the practice is willing or able to negotiate conditions in excess of the NTCER is dependent upon the business’ unique conditions. The practice should not feel pressured to negotiate conditions that are unsustainable, nor should the registrar’s desire to negotiate improved conditions cloud the practice owner / supervisor’s judgement regarding a registrar.

The use of Restrictive Covenants in Australia is becoming less prevalent. Courts generally only enforce them if they are found necessary to protect the business goodwill of the party that benefits from the clause.

GPSA and GPRA believe that it is unlikely that a GP registrar would have the necessary influence after a 6 or 12 month term to negatively impact a practice if they move to a competitor in close proximity.

A more common scenario across all industries, and one which GPSA and GPRA agree should not be encouraged in general practice, is where a former employee attempts to solicit clients (patients) and/or staff to follow them to another business. For this reason, the Restrictive Covenant in the previous version of the NTCER has been replaced with a Non-Solicitation clause, reflecting the reality of the current business environment and the mood of the courts in upholding restrictive covenants (see clause 17).

Educational Release:

• Where GPT3s have mandated workshop requirements during standardly rostered hours, these will be included as paid time by practice (unless on a weekend or after hours)
• Training practices to provide part-time GP trainees educational release in parity with full-time GP trainees

Restrictive Covenant:

• Clause to be removed from NTCER and replaced with non-solicitation of patients and staff

Do the adjustments to the NTCER require any changes to the registrar’s roster?

The practice should review rosters for part-time registrars and refer to the educational release calendar issued by RACGP and ACRRM.

If a part-time registrar is attending educational release on a day that they are not standardly rostered, the practice will need to provide them an alternative day off in the same week.

The practice will need to ensure that ALL registrars who attend College-mandated educational release days during normal hours receive their base rate of pay for these days. Please note that there is no requirement to pay for educational release that occurs after hours or on weekends.

3% increase to minimum base rate on top of indexation

• GPSA and GPRA will ensure all members are informed of the new hourly/weekly wages ahead of commencement of Semester 2

Scheduled administration time of 30 mins per session (half day) to max 5 hours per week

Do I need to schedule this in the Registrars appointment profile?

Yes. Formal administration time of 30 minutes per session, up to a maximum of 5 hours per week, will need to be built into the registrar’s appointment profile. This should be allocated in a way that supports the registrar by providing time and opportunity to complete administrative tasks throughout the day. This time is not to be taken to provide an early finish or accumulated for use as a block to provide a (half) day off.

Nothing changes with reference to the NTCER, ie the same terms and conditions apply for 2024.1 as the previous semester (2023.2).

Further 1% increase to minimum base rate on top of indexation

• GPSA and GPRA will ensure all members are informed of the new hourly/weekly wages ahead of commencement of Semester 2, 2024

One of the main concerns registrars have with calculation and payment of wages based on the % of fees over a period that is longer than the standard fortnightly pay period is the taxation impact at time of payment.

Many practices utilise payroll packages such as MYOB, Xero, Quickbooks etc which base the calculation of PAYG withholding on the payment being made, rather than the cumulative effect of that payment on the recipient’s wage over the full financial year.

This may result in a higher than necessary amount of tax being withheld from the wages paid under this process.

GPSA and GPRA are unable to provide taxation advice. We suggest you speak with your Accountant or Tax Agent regarding the most appropriate method to calculate the amount of tax paid on lump sum wages.