Working as a contractor

Is possible to be a GP registrar employed as a contractor?

While it may be possible in some circumstances for registrars to be engaged as independent contractors, it is a requirement of the AGPT program that registrars are engaged as employees and GPRA strongly recommends that all registrars are engaged and treated as employees.

The NTCER does not provide for any other type of relationship between registrars and practices such as independent contractor, partner or agent.

Further, section 15AA of the Fair Work Act provides that whether an individual is an employee is to be determined by ascertaining the real substance, practical reality and true nature of the relationship between the parties (and not simply by focusing on the terms of the contract).

The registrar-practice relationship has many of the hallmarks of an employment relationship and accordingly, regardless of whether registrars sign an agreement stating they are an independent contractor, registrars generally would be considered employees for the purpose of the Fair Work Act (although this may not be true for every registrar).

There may be taxation implications for the practice if a registrar is found to be invalidly engaged as a contractor.Visit the Fair Work website for more information about the difference between contractors and employees – https://www.fairwork.gov.au/find-help-for/independent-contractors