Speak Out August 2018

Restraints of Trade: Employers protecting their legitimate interests Private practice news

A "restraint of trade" is a clause in an employment or independent contractor’s agreement that prevents departing employees or independent contractors from taking or contacting clients in that private practice for a defined period of time (for example, six months) and within a defined area (for example, within a five km radius of the employer's business location) after that person’s employment has ended with the employer. A restraint of trade clause protects an employer’s legitimate interests that they have spent time, resources and money developing e.g. confidential information, customer connections, staff and supplier connections. Private practices/employers must ensure that the restraint of trade period is reasonable, and the extent is not too broad to prohibit employment e.g. prohibiting work throughout the whole the state. A restraint of trade clause does not prohibit a speech pathologist working in your practice from accepting additional work in a practice in the same or nearby area while working for you. As a prudent employer, you should take the following steps to protect your business: Speech Pathology Australia is hosting four complimentary workshops for members in 2018 and 2019 as part of its strategic plan’s aspiration: "Clients and communities driving service delivery." The roll-out of national training in cultural responsiveness and culturally safe practice will be held in the locations listed below in 2018. Indigenous Allied Health Australia (IAHA) have been engaged to conduct the workshops. Perth: Tuesday September 25 – Wollaston College Conference Centre Brisbane: Tuesday October 16 – Mantra on Queen Sydney: Tuesday October 23 - Rydges World Square Adelaide: Wednesday November 7 – Rydges South Park The Program content is constructed around six key capabilities: 1. Respect for the Centrality of Cultures – identifies and values cultures, both group and individual, as central to Aboriginal and Torres Strait Islander health, wellbeing and prosperity; 2. Self-Awareness – the continuous development of self- knowledge, including understanding personal beliefs, assumptions, values, perceptions, attitudes and expectations, and how they impact relationships with Aboriginal and Torres Strait Islander peoples; 3. Proactivity – the ability to anticipate issues and initiate change that creates the best possible outcomes. This involves acting in advance of a possible situation, rather than reacting or adjusting to it; 4. Inclusive Engagement – provides Aboriginal and Torres Strait Islander people with opportunities to participate by reducing barriers, and engaging in meaningful and supportive ways; 5. Leadership – inspiring others and influencing change to contribute to the transformation of the health and well- being of Aboriginal and Torres Strait Islander individuals, families and communities; 6. Responsibility and Accountability – owning our role, and monitoring progress in addressing inequities between Aboriginal and Torres Strait Islander peoples and other Australians. Cultural Responsiveness workshops National complimentary training for members

• Ensure contracts of employment are up to date and have reasonable confidentiality and restraint of trade clauses; • Ensure that the restraint of trade clauses sufficiently protect your practice’s legitimate interests and are tailored to suit individual employee’s circumstances; • Conduct exit interviews with employees and remind them of their post-employment obligations; • Write to employees after their departure reminding them of their post-employment contractual obligations; • If there is a concern with the employee may be breaching their restraint obligations, act quickly to put the employee on notice that the conduct is unacceptable. SPA members can contact WorkPlacePLUS for initial free advice and support about restraint of trade and confidentiality clauses. For a fee, they can also develop customised employment/ independent contractors contracts that include restraint of trade and confidentiality clauses. For more information please contact Anna Pannuzzo on 0419 533 434 or anna.pannuzzo@ workplaceplus.com.au The specific aim is to strengthen the capacity and cultural capabilities of speech pathologists to engage and deliver services more effectively with Aboriginal and Torres Strait Islander individuals, families and organisations. The objective is to provide a comprehensive Cultural Responsiveness Program aimed at increasing awareness, understanding and respect of Aboriginal and Torres Strait Islander cultures and society in order to strengthen professional practice and institutional capacity to respond effectively to the needs of Aboriginal and Torres Strait Islander clients that includes behaviour change and address systemic challenges in order to deliver culturally safe and responsive healthcare. Each workshop will be contextualized to the work environment and Aboriginal and Torres Strait Islander health and wellbeing needs. It will also build on the local cultural knowledge and awareness and development that speech pathologists may have or undertaken. Local and regional perspectives are important to the program. This will be a critical part of discussions that will focus on: • dominant cultures, and centrality of culture in health and wellbeing; • cultural safety and why we need action to build culturally safe and responsive care; • engagement and inclusiveness in our community and government ways of working including decision making; • proactivity in action - reforming systems and ways of thinking, collective action as a government department; • leadership and shared aspirations driving action in a strengths-based approach; • best practice approaches within government, ongoing learning with reflective practice embedded; • ongoing support and development for cultural responsiveness and individuals’ personal learning journey and their commitment to reform and change when working with Aboriginal and Torres Strait Islander peoples, communities and organisations. Registrations will open approximately five weeks prior to each event and will be advertised via the National and relevant Branch e-news.