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.