Terms And Conditions

NOTE: A Service Agreement can be made between a participant and a provider or a participant’s representative and a provider. A participant’s representative is someone close to the participant, such as a family member or friend or someone who manages the funding for supports under a participant’s NDIS plan.

  1. Parties 

This Service Agreement is for [insert name of participant], a participant in the National Disability Insurance Scheme and is made between:

Participant  [insert name of participant]
Advocate/Participant’s Representative 

(such as a family member or friend)]

participant’s representative – if involved]

and

Provider Accelerate Plan Management

This Service Agreement will commence on [day, month, year] for the period [insert date] to [insert date].

  1. The NDIS and this Service Agreement
  1. This Agreement is made according to the rules and the goals of the National Disability Insurance Scheme (NDIS).
  2. A copy of the participant’s NDIS plan is attached to this Service Agreement [Attach Clients Plan].
  3. The participant and the service provider agree that this Agreement is in line with the main ideas of the NDIS. These ideas include things like having more choices, achieving your goals and taking part in the community.
  4. The parties agree that this Service Agreement is made in the context of the NDIS, which is a scheme that aims to: 
  • support the independence and social and economic participation of people with disability
  • enable people with a disability to exercise choice and control in the pursuit of their goals and the planning and delivery of their supports.
  1. Schedule of Supports

The provider agrees to provide the participant [insert description of supports] for [insert duration of each of the supports provided]. The Schedule of Supports will include the following information

  1. how they will be provided 
  2. when they will be provided 
  3. who will provide them 
  4. how long they will be provided for 
  5. how much they will cost.

The supports and their prices are set out in the attached Schedule of Supports. All prices are GST inclusive (if applicable) and include the cost of providing the supports.

Additional expenses, (i.e. things that are not included as part of a Participant’s NDIS supports) are the responsibility of [insert participant / participant’s representative name] and are not included in the cost of the supports. Examples include entrance fees, event tickets, meals, laundry products, creams etc. 

  1. Responsibilities of the provider

The provider agrees to:

  1. Review the provision of supports at least 12 monthly with the participant. 
  2. Provide supports that meet the participant’s needs at the participant’s preferred times.
  3. Communicate openly and honestly in a timely manner.
  4. Treat the participant with courtesy and respect.
  5. Consult the participant on decisions about how supports are provided.
  6. Ensure that there is no conflict of interest and inform participant if there is any potential for this.
  7. Provide the supports that meet your needs at the preferred times.
  8. Give the information about managing any complaints or disagreements and details of the provider’s cancellation policy (if relevant).
  9. Listen to the participant’s feedback and resolve problems quickly.
  10. Keep personal information private.
  11. give the participant the required notice if the provider needs to end the Service Agreement (see ‘Ending this Service Agreement’ below for more information)
  12. protect the participant’s privacy and confidential information inclusive of the participant’s personal data, health information and other personal details gathered during the intake process.  We will ensure that your information remains private during the delivery of our services.
  13. provide supports in a manner consistent with all relevant laws, including the National Disability Insurance Scheme Act 2013 and rules, and the Australian Consumer Law; keep accurate records on the supports provided to the participant
  14. issue regular invoices and statements of the supports delivered to the participant.
  15. The provider has policies and procedures that are built on human rights. Where allegations of abuse, neglect, violence, exploitation or discrimination are made (service provider employs a Zero Tolerance policy and procedure).

4.1 Australian consumer law

Accelerate Plan Management ensures that the participant is treated fairly. All of our services are fit-for-purpose and match the description provided, as per the Competition and Consumer Act 2010 (CCA). Support or replacement of services will be negotiated with the Participant. Accelerate Plan Management will provide proof of financial transactions to the participant or their advocate, as requested. In the development of Service Agreements with the Participant we do not:

  • mislead or deceive participants (this includes providing false information or not enough information)
  • accept payment for goods or services if we are unsure of our ability to supply them to the participant
  • accept payment for goods or services that the participant has not agreed to purchase
  • as part of their service agreement. 

Accelerate Plan Management will not undertake unfair treatment or take advantage of the participant. Examples of this include: 

  • providing services or expending funds contrary to the participant’s approved plan
  • asking for or accepting any additional fees for providing a service
  • offering inducements or rewards that have no particular link to an NDIS Plan that could be perceived to encourage participants to take up or continue with your organisation or a particular service option
  • engaging in high-pressure sales tactics.

4.2 NDIS Code of Conduct

All of our actions are linked to the NDIS Code of Conduct and we will act with honesty, integrity and transparency at all times. This includes:

  • supplying truthful information about the capacity, qualifications, training and professional affiliations of our workforce, and we will never advise the participant of our ability to provide a specialised service when not legally able to do so 
  • never making false claims about the efficacy of any of our supports, services or products
  • providing clear advice regarding the full costs of the service or support and what the cost covers
  • not making claims about the efficacy of treatments or supports that cannot be substantiated independently.
  1. Responsibilities of the participant/participant’s representative 

The participant/participant’s representative agrees to:

  1. Respect the rights of staff, ensuring their workplace is safe and healthy and free from harassment.
  2. Abide by the terms of your agreement with us.
  3. Understand that your needs may change and with this, your services may need to change to meet your needs.
  4. Accept responsibility for your own actions and choices even though some choices may involve risk.
  5. Tell us if you have problems with the care and services you are receiving.
  6. Give us enough information to develop, deliver and review your support plan.
  7. Care for your own health and wellbeing as much as you are able.
  8. Provide us with information that will help us better meet your needs.
  9. Provide us with a minimum of 24 hours’ notice when you will not be home for your service.
  10. Be aware that our staff are only authorised to perform the agreed number of hours and tasks outlined in your service agreement.
  11. Participate in safety assessments of your home.
  12. Ensure pets are controlled during service provision.
  13. Provide a smoke-free working environment.
  14. Pay the agreed amount for the services provided.
  15. Tell us in writing (where able) and give us notice prior to the day you intend to stop receiving services from us.
  16. To inform staff if you wish to opt out when asked
  17. inform the provider about how they wish the supports to be delivered to meet the participant’s needs
  18. treat the provider with courtesy and respect
  19. talk to the provider if the participant has any concerns about the supports being provided
  20. give the provider a minimum of 24 hours’ notice if the participant cannot make a scheduled appointment; and if the notice is not provided by then, the provider’s cancellation policy will apply
  21. give the provider the required notice if the participant needs to end the Service Agreement (see ‘Ending this Service Agreement’ below for more information)
  22. let the provider know immediately if the participant’s NDIS plan is suspended or replaced by a new NDIS plan or the participant stops being a participant in the NDIS.
  1. Payments

The provider will seek payment for their provision of supports after the [insert participant/participant’s representative name] confirms satisfactory delivery.

 

The participant has nominated the Registered Plan Management Provider Accelerate Plan Management to manage the funding for NDIS supports provided under this Service Agreement. After providing those supports, the provider will claim payment for those supports from Accelerate Plan Management. 

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.

  1. Changes to this Service Agreement

If changes to the supports or their delivery are required, the parties agree to discuss and review this Service Agreement. The parties agree that any changes to this Service Agreement will be in writing, signed, and dated by the parties.

  1. Ending this Service Agreement

Should either party wish to end this Service Agreement they must give One month notice.  

If either party seriously breaches this Service Agreement the requirement of notice will be waived.

  1. Feedback, complaints and disputes

If the participant wishes to give the provider feedback, the participant can talk to Lauren Fisher on 0400 432 926 or via email at lauern@acceleratepm.com.au.

The participant can also make an anonymous complaint by completing the Anonymous Complaints and Feedback Form or phoning our Complaints Manager.

If the participant is not happy with the provision of supports and wishes to make a complaint, the participant can talk to our Complaints Manager, Lauren Fisher on 0400 432 926 or via email at lauern@acceleratepm.com.au.

If the participant is not satisfied with the handling of the complaint or does not want to talk to our complaints manager regarding their feedback or complaint, they can contact the National Disability Insurance Scheme at any time throughout the process by calling 1800 035 544 , visiting one of their offices in person, or  visiting ndis.gov.au for further information.

  1. 10.Goods and Services Tax (GST) 

For the purposes of GST legislation, the Parties confirm that:

  1. A supply of supports under this Service Agreement is a supply of one or more of the reasonable and necessary supports specified in the statement 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
  2. The participant’s NDIS plan is expected to remain in effect during the period the supports are provided.
  3. The participant, [insert participant/participant’s representative name], will immediately notify the provider if the participant’s NDIS Plan is replaced by a new plan or the participant stops being a participant in the NDIS.
  1. 11.Access to Records 

My file can be accessed by NDIS Registered Auditor for audit purposes only    Yes      No

I agree that the following people can be provided access to my records.  

Please tick below, the people you wish to have permission to access your personal records:

  • Support Coordinator
  • Plan Manager
  • School 
  • Parents 
  • Family Member.  Name:  ______________________________________________
  • Other practitioners 
  • Other List ___________________________________________________________
  1. 12. Information Storage

The NDIS Commission may collect personal information about you from you, your representative or a third party. Using forms, online portals and other electronic or paper correspondence to collect this information. The NDIS Commission or we as service providers may collect information directly. The NDIS Commission may also obtain personal information collected by other Commonwealth agencies, State or Territory government bodies, or other organisations. From time to time, the NDIS Commission may receive personal information from members of the public without it being requested.

The NDIS Commission and we as service providers will not ask you for any personal information which we do not need. The Privacy Act requires that we collect information for a purpose that is reasonably necessary for, or related to, a function or activity of the NDIS Commission.

When the NDIS Commission collects personal information, we are required by the Privacy Act to notify you of a number of matters. These include the purposes for which we collect the information, whether the collection is required or authorised by law and any person or body to whom we usually disclose the information. The NDIS Commission generally provides this notification by having Privacy Notices on our paper-based forms and online portals.

  1. 13.Contact details

Participant

Participant Contact details
Phone [B/H]
Phone [A/H]
Mobile
Email
Address
Alternative contact person/advocate

Provider

Provider Contact details
Contact name
Phone [B/H]
Phone [A/H]
Mobile
Email
Address
  1. 14.Participant’s copy of service agreement

The participant confirms they have been offered a copy of this Service Agreement once completed:

  Yes      No

The participant advised that they DO NOT wish to receive a copy of this Service Agreement.

  Yes      No

If the above answer is yes, the reason/s why the participant does not want a copy of the Service Agreement follow:

  1. 15.Agreement signatures

The parties agree to the terms and conditions of this Service Agreement.

This agreement has been explained verbally:     Yes      No

Signature of Participant/Participant Representative   Name of Participant/Participant’s Representative
Date
Signature of authorised person from provider Name of authorised person from provider
Date

Copy of participant’s NDIS Plan

[Attach a copy of the participant’s NDIS Plan or delete this page if not required.]

SCHEDULE OF SUPPORTS

[Insert a table of the supports to be provided under the Service Agreement, including sufficient details such as description, price, and how they will be provided. Example table below.]

Support

List the name of the support.

Description of support

List the details of the support, including scope and volume.

Price and payment information

List the price of the support (e.g. per hour / per session / per unit) and whether NDIS funding for the support is managed by the Participant, Participant’s Nominee, the NDIA, or a Registered Plan Management Provider.

How the support will be provided

List how, when, where, and by whom the support will be provided.