Terms and Conditions

The Terms and Conditions document will be sent to you as part of the recruitment process of which you will be required to sign and return.

The following information outlines the terms and conditions upon which Te Tai Tokerau Primary Health Organisation Ltd (TTTPHO) proposes to engage you to provide services to its medical practices (“clients”).

Agreement

For the purposes of this agreement the words “Te Tai Tokerau PHO”, “TTTPHO” refers to Te Tai Tokerau Primary Health Organisation Limited.

Nature of the relationship

TTTPHO is a placement intermediary between a practice and the doctor.

You are not an employee of TTTPHO but an independent contractor.  This has a number of implications including, but not limited to:

  1. You will not receive annual leave, long service leave, sick leave or any other standard employment benefits gained through the standard employee/employer relationship.
  2. TTTPHO will not make any contributions on your behalf in respect to superannuation.
  3. You are personally liable for any income tax or other taxes incurred with the income and benefits gained through your placement.
  4. TTTPHO will where applicable, and when advised by the doctor will deduct the relevant ‘non-resident/resident withholding tax’.
  5. Tax exemption certificates are to be provided to the TTTPHO as applicable before any payments are made to the doctor.
  6. TTTPHO will deduct the GST where applicable.
  7. You are not entitled to or contracted under labour regulations relating to employment.
  8. You are responsible for your own medical registration, medical insurance superannuation contribution, New Zealand banking arrangements and worker’s compensation.
No guarantee of securing work for you

TTTPHO will use its every available resource to place you with a practice, it makes not guarantee that it will successfully secure work for you.

You declare your information to be true

You have provided TTTPHO will an application for work, and by doing so declare that the information in your application is true, especially the statements about your qualifications and your ability to provide your services to the practices of TTTPHO.

If you do not provide us with the information we seek, we will be limited in our ability to locate and place you in suitable work.

You authorise TTTPHO to investigate information provided regarding your skills and experience

You authorise TTTPHO to enquire of the nominated referees and other persons/organisations of which you have provided, and of which you have been professionally associated to obtain information regarding your skills and experience, and any other feedback that may be pertinent to your placement.

You authorise TTTPHO to make your personal information available to medical practices, including your professional details
  1. All information collected by the PHO comes under the Privacy Act 1993 New Zealand.  A full outline of the PHO privacy policy will be given to you, with the terms and conditions or can be viewed at Te Tai Tokerau PHO privacy policy
  2. By signing these terms and conditions, you acknowledge that you have read, understood and agreed to the privacy policy and allow the use of the information you provide.
  3. The medical practices comply with the Health Information Privacy Code 1994 in regard to their own information handling practices.  The use of this information by the medical practice is not in control of TTTPHO, and we cannot accept responsibility for the conduct of the medical practice.
  4. You agree that TTTPHO cannot be held responsible for any breach of confidentiality by the medical practice.  Contact and personal details are strictly confidential and are only given with your permission.
You authorise TTTPHO to present you as a suitable candidate to medical practices

TTTPHO will send your personal and professional information including your CV to the medical practices that have been identified as a match for your skills and experience, against vacancies available.

Details of work placement

You will be provided with a contract for service (as an independent contractor).  In addition, you will be given a separate agreement that must be signed for each placement.  In this agreement, TTTPHO will inform you of the practice’s name, the place of work, the duration of the placement, and session rate.  Each vacancy will constitute a separate placement with TTTPHO. Any changes will be advised by a variation to the agreement where practicable.

  1.   Short term locum placement is for a period of up to 3 months.
  2.   Long term and permanent placements are for periods over 3 months.
No guarantees of work or work details

TTTPHO requires the medical practices to provide two week’s notice of any variation to the hours, or terms of placement, so you should generally receive at least two week’s notice of a change or cancellation.

TTTPHO has no obligation to you if a practice varies or cancels a placement regardless of when you receive notification of the change or cancellation.  TTTPHO will endeavour to find you other work, but this is not guaranteed due to the requirements of other medical practices within TTTPHO area.

Your agreement not to use information gained from TTTPHO

You agree not to use any private and/or confidential information gained from TTTPHO to gain a special contract or working arrangements with medical practices, other medical centres, district health boards, healthcare providers, doctors or other medical bodies and associations while working or not working with TTTPHO.  Private/confidential information includes but is not limited to:

  1. Contact information of doctors working for TTTPHO
  2. Contact information of medical practices, medical centres, associations etc who use TTTPHO, without the express permission of TTTPHO.
You will indemnify TTTPHO against any claims made against you
  1. TTTPHO is not responsible for any errors, misconduct or omissions conducted by you.
  2. The  general medical practices are responsible for your work ethics, actions, and conduct during your placement.
  3. The general medical practice will be responsible for your supervision and direction during your placement duration.
  4. You must indemnify TTTPHO against any claims made against you which may arise out of or in connection with your conduct during your placement duration.
  5. You must have professional indemnity insurance and as part of your registration with TTTPHO you are required to provide a copy of your current professional indemnity insurance cover.
You are responsible for any costs not covered by TTTPHO or the practice

TTTPHO will not be responsible for any costs for but not limited to meals, incidentals, fuel etc.

Payments
  1. TTTPHO is responsible for payments to you, on completion of a tax invoice and sent on time for that pay period.  TTTPHO is not responsible for any payments made outside the locum Placement agreements with a practice, without prior agreement between TTTPHO and the practice.
  2. Your payments will be direct credited to the nominated New Zealand bank account on the Wednesday night following the submission of the tax invoice.
  3. TTTPHO will endeavour to pay the doctor but this is not a guaranteed payment to the doctor before they leave the country (where applicable).
  4. Payments will be made in accordance with the TTTPHO matrix for accommodation, travel, and other expenses where agreed.
  5. All payment enquiries are to be directed to Rural Locums Co-ordinator, TTTPHO.
Early termination of placement

Many of the locum costs for accommodation, rental cars and flights are based on the locum’s placement agreement, these costs are only covered by TTTPHO  for a period of up to 2 weeks. Any costs after the two weeks will be borne by the practice or the locum as agreed.

For longer placements there have been required payments up front for the fixed period of time that have been paid for by TTTPHO  eg rental accommodation.

If for any reason an early termination of the placement is required for any of the following reasons (but not limited to) and reimbursement of all costs will be by agreement with the practice and/or locum:

  1. Unsuitability to continue to practice due to illness of the doctor or family member, that will require the doctor to return to the family, assistance will be provided to ensure that the doctor is supported during this time. Any outstanding costs will be negotiated between TTTPHO and the doctor either before their departure or on arrival home.  This decision must suit both TTTPHO and the doctor for reimbursement for costs.
  2. The doctor’s decision to return to their home country for their own reasons, then they will be required to reimburse for any accommodation, flights, and other associated costs to the appropriate payee eg landlord/rental car company/TTTPHO; whether already pre-paid or on a fixed term agreement, or any other reason that may cause TTTPHO to be out of pocket due to a doctor’s decision.
  3. If a practice finds a doctor unsuitable they will contact the Rural Locums Co-ordinator in the first instance, the terms for any reimbursement costs will be negotiated with the practice, doctor and TTTPHO.
  4. Any other reason deemed necessary to terminate the placement agreement between the TTTPHO and the doctor, costs for reimbursement will be negotiated.

Occupational Health and Safety obligations

You agree to comply with all occupational health and safety requirement (OH&S) of the practice where you are placed including but not limited to:

  1.   PHO induction and orientation (where applicable)
  2.   PHO accident/incident reporting and investigation procedures  (where applicable)
  3.   Practice OH&S induction and orientation
  4.   Practice OH&S issue management procedures
  5.   Practice accident/incident reporting and investigation procedures

You agree to advise the PHO as soon as practicably possible about any OH&S issues and accidents or incidents involving you during your placement at a practice.