General Service Agreement

  • home
  • General Service Agreement
General Service Agreement

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.

Parties

This Service Agreement is for Glenn Stock, a participant in the National Disability Insurance Scheme (Participant), and is made between:

This Service Agreement will commence on for the period to

The Service Agreement

This Service Agreement is made for the purpose of providing supports under the Participant’s National Disability Insurance Scheme (NDIS) plan.

A copy of the Participant’s NDIS plan (or relevant section/details of the plan) is attached to this Service Agreement.

The Parties agree that this Service Agreement is made in the context that aims to:

  • support the independence and social and economic participation of people with disability, and
  • enable people with a disability to exercise choice and control in the pursuit of their goals and the planning and delivery of their supports.
  • If the Participant informed the Provider that a support will be NDIS funded, but that turns out to be wrong, then the Participant must pay for the supports as self-funded supports.

Schedule of supports

The supports to be provided 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. Note: These prices will be adjusted periodically to reflect the National Disability Insurance Agency (NDIA) price changes. The NDIS Price Guide is available on www.ndis.gov.au

  • The Participant may request for an updated Schedule of supports if the supports or prices have changed.
  • Additional expenses (i.e. things that are not included as part of a Participant’s NDIS supports) are the responsibility of the [Participant / Participant’s representative] and are not included in the cost of the supports. Examples include entrance fees, event tickets, meals, etc.

Responsibilities of Provider

The Provider agrees to:

  • review the provision of supports at least annually with the Participant
  • once agreed, provide supports that meet the Participant’s needs.
  • communicate openly and honestly in a timely manner
  • treat the Participant with courtesy and respect
  • consult the Participant on decisions about how supports are provided
  • give the Participant information about managing any complaints or disagreements and details of the provider’s cancellation policy (if relevant)
  • listen to the Participant’s feedback and resolve problems quickly
  • give the Participant the required notice if the Provider needs to end the Service Agreement (see ‘Ending this Service Agreement’ below for more information)
  • protect the Participant’s privacy and confidential information in accordance with the provider’s Privacy and Confidentiality policy
  • 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, and

Responsibilities of Participant / Participant’s representative

The Participant / Participant’s representative agrees to:

  • inform the Provider about how they wish the supports to be delivered to meet the Participant’s needs
  • participate in any review of the provision of supports when requested by the Provider so as to meet the Participant’s needs
  • let the Provider know of any change in the Participant’s health or circumstances which may affect the provision of supports under this Service Agreement
  • treat the Provider with courtesy and respect
  • respect the rights of care/support workers to their human, legal and workplace rights including the right to work in a safe environment and to treat care/support workers without exploitation, abuse, discrimination, or harassment. Any form of abuse directed towards the Provider’s workers may result in services being suspended till the issue has been addressed
  • ensure that the Participant’s place of residence is a safe working environment in accordance with the Provider’s occupational health and safety assessment tools and guidelines, if supports are provided at the Participant’s place of residence. If required, the Participant will make their place of residence accessible to the Provider to conduct an occupational health and safety risk assessment
  • work with the Provider to resolve any identified occupational health and safety risk to the Provider that is due to the Participant or Participant’s place of residence (if supports are provided at the Participant’s place of residence). Services may be suspended till the hazard or risk has been addressed
  • talk to the Provider if the Participant has any concerns about the supports being provided
  • 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
  • give the Provider the required notice if the Participant needs to end the Service Agreement (see ‘Ending this Service Agreement’ below for more information), and
  • 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.

Payments

The Provider will seek payment for their provision of supports after delivery.

If the funding for any of the supports provided under this Service Agreement is managed by a Registered Plan Management Provider:

The Participant has nominated the Plan Management Provider 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

Note: If payment is not received by the Provider within 14 days of the due date, the Provider may cease providing the supports to the Participant under this Service Agreement. The Provider shall send a written notice to the Participant informing that supports may be ceased if payment is not received within 14 days of the due date.

Changing, rescheduling, or cancelling supports

  • The Participant shall give the Provider a minimum of 24 hrs notice if the participant cannot show up for a support and need to cancel or change the support.
  • If the Participant makes a short notice cancellation or do not show up for a scheduled appointment, the Participant will be charged the maximum amount allowed to be charged according to the prevailing NDIS Price Guide. If NDIS do not cover the costs associated with this short notice cancellation or no-show appointment, the cancellation fees shall be paid by the Participant.
    Note: The definition of a short notice cancellation will be according to the prevailing NDIS Price Guide definition.
  • If there is an unusual number of cancellations, the Provider will work with the Participant to minimise the risk of the Participant not receiving their supports in accordance with this Service Agreement.
  • The Provider may cancel or reschedule a Support in unforeseen situations beyond the Provider’s control. The Provider will not charge the Participant any fees if the Provider initiate a cancellation.

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 with mutual consent in writing, signed, and dated by the Parties.

Ending this Service Agreement

Should either Party wish to end this Service Agreement, they must give one month written notice.

The Participant can end this Service Agreement without notice if:

  • the Participant’s health and safety is at risk from the supports that the Provider is providing; or
  • there is a consistent and ongoing failure by the Provider to provide the supports.

The Provider can end this Service Agreement without notice if:

  • the health and safety of attending personnel or other participants are at risk as a result of the Provider providing supports to the Participant; or
  • the Participant cancel the supports and the provider consider it materially adversely impacts the Provider’s ability to manage their duty of care to the Participant; or
  • the Participant Funded Supports are no longer in the Participant’s NDIS Plan; or
  • there is a consistent and ongoing failure by the Participant to pay invoices by their due date.

The requirement of notice will also be waived if either Party seriously breaches this Service Agreement.

When this Service Agreement ends, the Participant must immediately pay any outstanding invoices.

The ending of this Service Agreement will not prevent either the Participant or the Provider from enforcing what has been agreed to with this Service Agreement even after the Service Agreement has ended.

Privacy and sharing of personal and health information

  • The Participant’s personal and health information will be collected and used by the Provider for the purposes of providing the supports, as well as to enable internal administration, training, assessments and reviews and any other use permitted by law.
  • The Provider may need to disclose personal and/or health information to third parties who are concerned with the provision or procurement of supports, including subcontractors. Disclosures may also be made to other third parties, including health professionals, providers who support the Participant, NDIA, government departments and regulatory authorities. Where disclosure takes place, the Provider will seek to ensure that the Participant’s information is handled appropriately.
  • The Provider must comply with applicable Privacy Laws.
  • The Participant should contact the Provider if the Participant has questions or concerns about the handling of their personal or health information. The Participant may also make a complaint about the Provider’s handling of the Participant’s personal information to the Office of the Australian Information Commissioner.

Feedback, Complaints, and Disputes

  • The Participant is encouraged to let the Provider’s representative know if the Participant has a concern or complaint with the services, including the Provider handling of personal information. The Participant is entitled to make a complaint about any aspect of the Participant’s support without fear of reprisal.
  • If the Participant feel that the concern or complaint has not been resolved or if the Participant is unable to discuss the complaint or concern with the Provider representative, the Participant or his advocate should contact the Office Manager or the Feedback Officer. They will attempt to resolve the Participant’s complaint or concern and report the outcome to the Participant.
  • If the Participant is not satisfied or does not want to talk to the Provider, 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.
  • The Participant may also make a complaint about the Provider’s handling of the Participant’s Personal Information to the Office of the Australian Information Commissioner by calling 1300 363 992.
  • The fact that the Participant has a complaint does not alter the Participant’s payment obligations to the Provider.

Goods and Services Tax (GST)

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

  • 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;
  • the Participant’s NDIS plan is expected to remain in effect during the period the supports are provided; and
  • the Participant / Participant’s representative 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.

GST may apply when the Provider provide self-funded supports, depending on the nature of the self-funded supports.

The Participant must pay any applicable GST on fees at the same time and in the same way as the fees.

Emergency response

If there is a medical emergency when the Provider is supporting the Participant, the Provider will seek appropriate emergency assistance.

Opportunity to Clarify Terms and Obtain Independent Advice

The Participant acknowledges that the Participant has had the opportunity to have this Service Agreement explained to them, ask questions, and obtain independent advice (including legal and financial advice) and that the Participant is satisfied with all elements of the manner in services will be provided.

General

  • This Service Agreement is subject to any additional provisions specified in the Agreement Details. If there is an inconsistency between an additional provision and another provision of this Service Agreement, the additional provision prevails.
  • The Provider may engage other individuals or organisations to help deliver the supports.
  • If any one or more of the provisions of this Service Agreement are held to be illegal, void or voidable whether at the Participant option or otherwise, such provisions must be severed from the remaining provisions, which remain binding and enforceable against the Participant.

Agreement Details

Documentation Forming Part of this Service Agreement

The following documents along with this Service Agreement together constitute the entire agreement between the Parties

  • Annexure A – Schedule of supports
  • Annexure B – Copy of Participant NDIS plan (if provided by Participant)
  • Annexure C – Horizon HealthCare Feedback Brochure

Additional Provisions

Acceptance of Services

This Agreement will apply, as if the Participant/Authorized Representative had signed it, if the Participant accept services/supports in accordance with this Agreement.

Opportunity to clarify

By signing this agreement, the Participant acknowledges that the Provider representative has explained to the Participant and/or their Authorized Representative the contents of this Service Agreement (the Annexures also form part of this Service Agreement), the feedback and complaints process and that the Participant and/or their Authorized Representative have had the opportunity to ask any questions and have them answered.

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

Signed by the Participant or their Authorized Representative*:

Signed by an Authorized officer of the Provider:

Annexure A

Attachment – Schedule of supports

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.
Please see attached, full schedule of support
The Horizon Health Care is a place where people of diverse
backgrounds, genders and sexual orientations are welcomed and supported.

flag