NDIS Service Agreement

Between:

AND

The XXX Company (New South Wales) Property Trust of 111 – 111 ABC Street (ABN 11 111 111 111) (“the Organization")

The Organization hereby agrees to carry out and/or provide the Supports for the Participant in accordance with the Schedules and the Terms attached to this Agreement.

1. The Organization agrees to provide or deliver the Supports to the Participant in accordance with Schedules 1 and 2, and the terms and conditions of this Agreement. 

2. The parties acknowledge that this Agreement is bound by NDIA’s Terms of Business as in force from time to time. 

3. The parties to this Agreement acknowledge that the Supports in this Agreement are provided to the Participant in the context of the NDIS, which aims to: 

3.1. Support the independence and social and economic participation of people with disability; and 

3.2. Enable people with a disability to exercise choice and control in the pursuit of their goals and the planning and delivery of their supports.

4. Organization’s Responsibilities

4.1. The Organization agrees to: 

a) Work with the Participant and/or their representative (if applicable) to deliver Supports that meet your needs; 

b) Consult with the Participant when making decisions about how Supports are provided;

 c) Approve Service Bookings in MyPlace Portal in a timely manner so that scheduled Supports can be delivered as agreed; 

d) Protect the Participant and/or their representative’s privacy and confidential information in compliance with privacy law including the Privacy Act 1988 (Cth); 

e) Deliver the Supports in a manner consistent with all relevant laws, including the National Disability Insurance Scheme Act 2013 (Cth) and rules, and the Australian Consumer Law;

 f)Keep clear and up to date records on the Supports provided to the Participant; and 

g) Issue regular invoices and statements to The Participant describing the Supports that we have provided to The Participant.

5. Participant’s Responsibilities

5.1. The Participant agrees to: 

a) Approve Service Bookings in the MyPlace Portal in a timely manner so that scheduled Supports can be delivered as agreed (if applicable); 

b) If applicable, provide us with evidence of your authority to act on behalf of the Participant if asked to do so.

6. Pricing / Additional Expenses

6.1. Except in relation to transport Supports, the Organization agrees to the charge the Participant for the Supports provided according maximum recommended price in NDIS Price Guide or as it is varied from time to time. 

6.2. The Parties agree and acknowledge that: 

a) The Price for transport Supports are charged according to the Schedule of Supports (including a reasonable contribution for the Organization’s transport costs) rather than the NDIS Price Guide;

b) The NDIS Price Guide is subject to change and the Organization will vary its price for each Support from time to time. If this occurs, the Organization will organize a review with the Participant as soon as practicable. 

6.3. The Participant acknowledges that any additional expenses that are not part of their Support will be their responsibility to pay. If any additional expenses are paid by the Organization, these will be passed on at cost to the Participant.

7. Payment

7.1. The Organization will invoice the Participant for the Supports provided or delivered by the Organization pursuant to this Agreement according the prices set out in Schedule 1. 

7.2. The parties agree that whichever of the following clauses 7.3, 7.4, 7.5 and 7.6 is in force is applicable according to the method of payment marked in Schedule 2.

7.3.Payment by Self-Managed Participants: The Participant must pay to the Organization the amount on the invoice issued by the Organization pursuant to clause 7.1 in the manner and time period specified on the invoice. 

7.4.Payment by Plan Nominee The Participant will do any and all things to require the Plan Nominee to pay the Organization the invoice issued by the Organization pursuant to clause 7.1 in the manner and time period specified on the invoice.

7.5.Payment by National Disability Insurance Agency The Organization will seek payment of the invoice issued by the Organization pursuant to clause 7.1 directly from the National Disability Insurance Agency in satisfaction of the Supports provided pursuant to this Agreement.

7.6.Payment by Registered Plan Management Provider The Participant will do any and all things to require the Registered Plan Management Provider to pay the Organization the invoice issued by the Organization the invoice issued by the Organization pursuant to clause 7.1 in the manner and time period specified on the invoice.

8. Review/Notification

8.1. The parties agree to use their best endeavors to conduct regular review of this Agreement, or as required due to the Organization’s operational reasons. 

8.2. The Participants agrees to notify the Organization within 14 days of any of the following changes taking effect: 

a) The Participant’s NDIS Plan is suspended or cancelled; 

b) The Participant’s contact details change;

c) If applicable, the Participant representative’s contact details change;

d) If applicable, its “Authority to act on behalf of the Participant” is revoked, changed or expires; or

e) There is a change to the manner or details of the person/organization who will pay invoices for Supports.

9. Consent

9.1. The Participant hereby gives consent for the Organization to create and/or approve service bookings for and on behalf of the Participant through the MyPlace Portal in accordance with this Agreement (including the Schedule of Supports).

10. GST

10.1. All prices (if applicable) in this Agreement are expressed to be inclusive of GST. 10.2. The parties acknowledge that a supply of Supports under this Service Agreement is a supply of one or more reasonable and necessary supports specified in the Statement of Supports included, under subsection 33(2) of the National Disability Insurance Scheme Act 2013 (NDIS Act), in the Participant’s NDIS Plan currently in effect under section 37 of the NDIS Act.

11. Cancellation

11.1. MyPlace Portal Service Bookings

a) The parties acknowledge that either party may cancel a Service Booking

MyPlace Portal.

b) If the Participant cancels a Service Booking in the MyPlace Portal, it agrees to give at least 28 days’ notice to the Organization by selecting an end date in the MyPlace Portal that is at least 28 days in advance. 

c) If the Organizations cancel a Service Booking in the MyPlace Portal, it agrees to discuss it with the Participant first and give at least 28 days’ notice to the Participant by selecting an end date in the MyPlace Portal that is at least 28 days in advance. 

d) The parties acknowledge that if both parties do not approve the Service Booking on the MyPlace Portal within 21 days, that system will automatically cancel that Service Booking. 

11.2.Scheduled Supports and ‘No Shows’ 

a) The Participant must notify the Organization of a cancellation of a scheduled Support in writing, by email or by telephone to the Organization’s contact person.

b) If the Organization is notified of a cancellation of a scheduled Support: 

i. At least 48 hours in advance, the Participant will not be charged a fee for that cancellation by the Organization; 

ii. Less than 48 hours in advance, the Organization will charge a fee if it is unable to utilise the same scheduled Support for another participant. 

c) The parties acknowledge that the scheduled Support will be charged in full if there has been a “no show” by the Participant or if only part of the schedule Support has been delivered. 

d) If during a continuous 12-month period, there are more than 8 cancellations or ‘no shows’ by the Participant (or 2 cancellations or ‘no shows’ for therapy related Supports), the Organization may elect to notify the NDIA on the grounds that the Participant’s NDIS Plan may need to be reviewed. 

11.3.Cancellation by Organization 

a) Where the Organization cancels a scheduled Support, it will use its reasonable best endeavors to reschedule the appointment.

12. Variation/Termination

12.1. The Parties agree that any variation of this Agreement is not of effect unless it is in writing, signed and dated by the Parties.

12.2. Either party may end this Agreement by giving at least 28 days’ written notice to the other or such longer time period as reasonably necessary for the Participant to nominate an alternative provider. In the case of termination by the Participant, written notice must be provided to the Organization’s listed Contact Person.

13. Definitions:

“MyPlace Portal” means the portal provided by the Australian Department of Human Services to facilitate the NDIS; “NDIA” means the National Disability Insurance Agency; “NDIS” means the National Disability Insurance Scheme; “NDIS Plan” means an individualized plan that sets out each Participant’s information, goals, supports and budget; “NDIS Price Guide” means the price guide for supports which is published by the NDIA from time to time; “Plan Nominee” means a person who is approved by the Participant to manage their NDIS funding; “Registered Plan Management Provider” means a service provider who is registered with the NDIA and authorized to manage funding for participants; “Service Bookings” means bookings through the MyPlace Portal to engage the Supports; “Schedule of Supports” means the table set out in Schedule 1 of this Agreement; “Supports” means the support types outlined in Schedule 1 of this Agreement.

14. Feedback, Complaints and Dispute Resolution

If the Participant wishes to provide feedback to the Organization, or if you Participant are not happy with the provision of supports and wish to make a complaint, then it may ask the Organization for a copy of its complaints process. If the Participant is not satisfied with the Organization’s response, the Participant can contact the National Disability Insurance Agency by calling 1800 800 110, visiting one of their offices in person, or visiting ndis.gov.au for further information.