Telehealth agreements between medical practices, platforms and practitioners became common during the COVID-19 expansion of Medicare telehealth items and remain central to Australian primary-care delivery. But the contracts that support them — especially those between doctors and third-party telehealth platforms — are often silent on issues that matter: MBS item eligibility, professional indemnity, data handling, and the line between 'corporate' and 'clinical' governance. For doctors and practice owners, the wrong contract can mean claims made against your AHPRA registration, not just against the platform.
What is a Telehealth Terms?
An Australian telehealth agreement is a contract under which a medical practitioner or practice delivers video or phone consultations, usually through a digital platform, to patients — often in conjunction with or instead of in-person care. The regulatory framework includes the Health Insurance Act 1973 (for Medicare telehealth items), Medicare Benefits Schedule rules, AHPRA/Medical Board guidance on telehealth, state health records legislation, and the Privacy Act 1988. Platforms are additionally subject to the Therapeutic Goods Administration (TGA) regulation if they promote or facilitate prescribing.
Red flags to watch for
MBS billing is the practitioner's professional responsibility. A platform directing billing (especially item 91801 vs 91802 distinctions) can expose the practitioner to PSR (Professional Services Review) scrutiny.
Practitioners should carry their own MIPS/Avant/MDA National indemnity. The contract should confirm this and not exclude indemnity coverage for telehealth.
The Privacy Act 1988 (Australian Privacy Principles) restricts overseas transfer of health data unless the recipient is subject to equivalent protection. Silence on this is a problem.
Patient data belongs to the patient, and the treating practitioner is the appropriate custodian under national privacy law. Platforms may process data, not own it.
Broad exclusivity can be unenforceable as restraint of trade and undermines patient continuity.
Clinical governance is the practitioner's legal responsibility. Platform-dictated clinical protocols create conflicts with AHPRA requirements.
Telehealth is not appropriate for all presentations. The contract should confirm practitioner discretion to refer to in-person care or emergency services.
Your legal rights
Telehealth in Australia is subject to the Health Insurance Act 1973 (especially around MBS items and eligibility rules), the Medicare Benefits Schedule, and AHPRA/Medical Board Guidelines for Telehealth Consultations with Patients. Data is regulated by the Privacy Act 1988 (Cth) and the Australian Privacy Principles, plus state health records legislation (Health Records and Information Privacy Act 2002 (NSW), Health Records Act 2001 (Vic), Health Records (Privacy and Access) Act 1997 (ACT)). The Professional Services Review (PSR) scheme (ss.80–106 Health Insurance Act) investigates inappropriate practice. Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010) applies to platform-practitioner relationships where the practitioner is a consumer of platform services. AHPRA's registration standards impose direct personal obligations regardless of what a contract says.
Questions to ask before you sign
- 1Who is responsible for determining which MBS item to bill for each consultation?
- 2Does my professional indemnity insurer confirm coverage under this arrangement?
- 3Where is patient data stored, and does the contract comply with cross-border APP requirements?
- 4Who owns the patient record — the platform, the practice, or the practitioner?
- 5Are there any exclusivity or non-compete restrictions, and are they reasonable?
- 6Who writes clinical governance policies, and can I amend them for safe practice?
- 7Can I refuse a telehealth consultation and require in-person care if clinically appropriate?
Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Contract law varies by jurisdiction and individual circumstances. Always consult a qualified legal professional before making decisions based on this information.