About
As a business manager, you are bound by legislation regulating contracts in the health sector. In order to be effective and ensure positive health outcomes, sound contractsare vital and risk factors must be eliminated wherever possible.
Contracting in the Health Sector is based on the popular Negotiating, Drafting & Managing Commercial Contracts course and has been designed to equip you with the skills required for the effective management of health sector contracts. You will gain a thorough understanding of the commercial and legal issues surrounding contracts and return to your workplace armed with the know-how to ensure sustainable outcomes and value for money in your organisation
This course will enable you to:
- Administer health sector contracts to boost your performance and ensure value for money
- Save time and money by learning to effectively document commercial contract negotiations
- Examine the merits of various types of health sector contracts
- Identify, manage and reduce risk
- Define performance terms to guarantee effective delivery and minimise costs
- Avoid common contractual pitfalls
- Understand the small print in health sector contracts
- Ascertain when to terminate a contract and when to seek legal help
- Acquire a practical understanding of the New Zealand legal system
- Deal more effectively with lawyers and the legal system
Training style:
This two-day course will use case study examples and group exercises, as well as tutorial sessions. All attendees will be provided with a workbook and a certificate of attendance.
Who should attend
This course has been developed to address the needs of all managers involved in the design and delivery of commercial contracts in the health sector. It is critical for those who are involved in managing contracts but who are not trained lawyers.
Outline
Understanding the purpose of a contract
- What is a contract?What is a deed and when is it used?
- What is the purpose of a contract?
- Examination of different contracts and when they should be used
- Health contracts
- Measuring the quality of a contract
- Using plain language
Drafting a legally effective contract
- What essential ingredients constitute a contract?
- Principles underlying binding contracts
- Offer, acceptance and consideration
- Balancing legal necessities against commercial realities
- What formalities are required to make the contract legally binding?
- Contracting with the right legal entity
- What legislation affects your contract?
- Terms to avoid or include
- Mistakes commonly made in forming contracts
- Contracting in the health sector
- Contracting with Public sector organisations
- Contracting with Non Government organisations
Case study workshop
How to read and understand contracts
- Key features of an effective contract
- Specific provisions
- Bolierplate clauses
- What limitations are there for public sector contracts?
- Specific contractual issues for DHBs
- Foreseeing problems before they arise
- Identifying common danger areas in contracts
- Legal jargon explained: What are the terms you are likely to come across?
Team exercise: Learn how to structure a contract
Navigating the tendering process
- What legal obligations do you undertake when being involved in a tender?
- Getting the most out of the tendering process
- Communicating your business objectives
- Determining how to structure your tender
- Innovative approaches
- Managing risk and cost
- Consultation prior to tendering
- Risks to DHBs when tendering
Case study workshop
Day two
Managing legal risks in health sector contracting
- Anticipating and managing contractual risks
- Analysis of the legal risks associated with health sector contracts
- Protecting yourself effectively from risk
- Governance
Contracting with Non Government organisations
Shared services and JVs in the DHB structure
Team exercise: Preparing a risk identification checklist
Managing health sector contracts – managing and preventing disputes
- How to avoid common administrative problems in existing contracts
- Understanding the remedies available in the event of a dispute
- Understanding the legal and court systems
- Making use of dispute management and resolution options
- Knowing when and how to terminate a health sector contract
- Dealing effectively with lawyers and the legal system
- Undertaking pre contractual due diligence
Exploring service level contracts
- An introduction to service level agreements
- Measuring the performance of service provision and effective performance-based measures
Case study examples
Performance and breach of health sector contract issues
- The growing demand for performance-based contracts
- Determining the rewards/penalties to encourage contractor performance
- What do you do when it all falls apart?
- The remedies available for breach of contract including damages, specific performance and injunctions
- Examining the risk factors for the claimant
- Exploring the legalities of breach of contract
- Termination of the agreement
Case study examples
Facilitator
Brian Bray, Partner, DLA Phillips Fox
Brian is a partner in the DLA Phillips Fox Lawyers Wellington office and has over 20 years experience. His specialist areas of practice are commercial, business and corporate law. He also advises a wide range of clients in both the private and public sectors on a wide range of commercial matters, including restructuring, corporate governance, director’s duties, and legislative compliance.
Brian has significant experience in drafting, advising on and negotiating commercial contracts, procurement and tendering procedures, outsourcing contracts, service and supply contracts, technology agreements, consultancy agreements, commercialisation of intellectual property rights, licenses, funding agreements and research and development agreements.
Brian also has considerable expertise in public sector procurement for central and local government organisations. He has developed specialist knowledge in public sector and in particular health sector requirements and guidelines for procurement and tendering. Brian’s due diligence experience has been in numerous industry sectors such as financial services (insurance), manufacturing, government entities, distribution and health. As part of due diligence Brian is required to peruse and advise on the implications of a wide range of commercial documents.
Brian has assisted and advised clients in relation to establishing in-house precedents, manuals, formatting, development of procurement guidelines and standardisation of a suite of document precedents. He has given commercial advice to Contract Managers on market practice, best practice and precedent drafting, including a workshop on clear communication through drafting.
Brian has presented at many conferences in New Zealand on contracting related issues and undertakes contracting workshops for clients.
Brian Bray is also facilitating:
In-house Training
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