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The NDIS and this Service Agreement
This Service Agreement is made to provide support under the Participant’s National Disability Insurance Scheme (NDIS) plan.
A copy of the Participant’s NDIS plan is attached to this Service Agreement [delete this sentence if the Participant chooses not to attach their plan].
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, and
- enable people with a disability to exercise choice and control in the pursuit of their goals and the planning and delivery of their support.
Responsibilities of the Service Provider
- Provide the most appropriate supports that meet the Participant’s needs promptly
- Review the Service with the client every _______
- Keep accurate records on the supports provided to the Participant
- Issue regular invoices and statements of the support delivered to the Participant
- Have open and honest communication with the Participant
- Treat the Participant with courtesy and respect
- Consult the Participant if decisions are to be made on how services are provided and how funds are spent
- Explain Disability Advocacy, provide a list of independent disability advocates using disability advocacy finder and support to access them
- Staff will NOT give financial advice or information other than that which would reasonably be required under the participant’s plan
- Listen to the Participant’s feedback and resolve problems quickly
- Clearly explain to the Participant information about the complaints handling policy and details of the provider’s cancellation policy
- Clearly explain to the Participant information about Incident Management Policy and Procedure
- Clearly explain to the Participant information about the Abuse and Neglect Policy and procedures
- Clearly explain the Confidentiality of Information policy to the participant including withdrawal of consent
- Provide participant information and details of advocates the participant can contact and support the participant in accessing them
- Give the Participant a minimum of 24 hours notice if the Provider has to change a scheduled appointment to provide support
- Give the Participant the required notice if the Provider needs to end the Service Agreement
- Protect the Participant’s privacy and confidential information
- To use Translator and Interpreter services by calling 131450
- Provide support in a manner consistent with all relevant laws, including the National Disability Insurance Scheme Act 2013 and rules, and the Australian Consumer Law
Responsibilities of [Participant / Participant’s representative]:
- Treat the Provider with courtesy and respect
- Inform the Provider about how they wish the supports to be delivered to meet the Participant’s needs
- Talk to the Provider if the Participant has any concerns about the support 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
- 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.
Changes to this Service Agreement
If the Participant and the Service Provider wish to change this agreement about supports and their delivery, they will mutually discuss to review the required changes and agree in writing. The reviewed Service Agreement with any changes will need to be signed and dated by both parties.Ending this Service Agreement
A notice period of (14 days) would be required if either the participant or the service provider wishes to end this Service Agreement. If either Party seriously breaches this Service Agreement the requirement of notice will be waived.Cancellation Policy
If the Participant wishes to cancel the support, the Participant agrees to notify us by phone not later than 24 hours before the commencement of service. Please refer to https://www.ndis.gov.au/coronavirus/providers-coronavirus-covid-19/service-bookings-and-cancellationsDue to unforeseen circumstances, if the LYFIT wishes to cancel the support, then LYFIT will attempt to give as much notice as possible to the participant and will also ensure a replacement staff if possible, in consultation with the participant.
Feedback, complaints, and disputes
If the Participant wishes to provide feedback or is not satisfied with the provision of support by the service provider, the Participant can approach the LYFIT staff in person or on 0410375340, director@lyfit.com.au who will guide the participant through the Feedback/Complaint policy. Alternatively, the participant can contact the NDIS Commission by calling 1800 035 544 for further information.
You can also complain/feedback to NDIA by calling 1800 800 110 or emailing feedback@ndis.gov.au or
NSW Ombudsman by calling (02) 9286 1000, or 1800 451 524 (rural/regional callers only). The participant can also use TIS 131450 if an interpreter is required.
NSW Ombudsman by calling (02) 9286 1000, or 1800 451 524 (rural/regional callers only). The participant can also use TIS 131450 if an interpreter is required.
Disaster Management and Recovery
In particular, the policy seeks to meet the following requirements:
- The Provider ensures that all participants, staff, and visitors of the organisation are kept as safe as possible during disasters.
- The Provider has plans in place to keep all people safe and ensure continuity of the services and supports they provide in as fast a time as is safely possible.
- The Provider is well managed and has strong and effective governance to deliver positive outcomes for the people they support.
- Each participant receives quality services that are effectively and efficiently governed.
- Each participant receives quality services that are well managed and delivered by skilled staff with the right values, attitudes, goals, and experience.
The policy and procedures have been developed and will be implemented to meet the requirements of:
• National Disability Insurance Scheme Act 2013 • National Disability Insurance Scheme (Code of Conduct) Rules 2018
• National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018
• National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules 2018
• National Disability Insurance Scheme (Complaints Management and Resolution) Rules 2018
• National Disability Insurance Scheme (Practice Standards-Worker Screening) Rules 2018
• National Disability Insurance Scheme (Procedural Fairness) Guidelines 2018
• National Disability Insurance Scheme (Quality Indicators) Guidelines 2018
• The Work Health and Safety Act 2011;
• Australian Human Rights Commission Act 1986
• Disability Discrimination Act 1992;
• The National Disability Insurance Scheme Terms of Business;
• Other legislative or related provisions.
• National Disability Insurance Scheme (Provider Registration and Practice Standards) Amendment (2021 Measures No. 1) Rules 2021
• National Disability Insurance Scheme Legislation Amendment (Quality Indicators) Guidelines 2021 (Amending Guidelines).
Goods and services tax (GST)
For 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.
• 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.
Any participant/provider-specific requirements/Conditions/Cultural or religious considerations: Please state below
________________________________________________________________________________________________________________________________________________________________________________________________Schedule of supports (attached separately to this agreement)
The Provider agrees to provide the Participant with the following support:
| Type of Support | NDIS Item number | NDIS fund nominee | Price and Payment information: Per hour/session/unit | Price and Payment information: Per hour/session/unit | Method of Support provision: How, when, where and by whom |
|---|---|---|---|---|---|
LYFIT will only charge for NDIS supports according to the NDIS price guide and NOT more than it is in the price guide. LYFIT Does a minimum of three hours shift. The NDIS 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 support. All prices are according to the NDIS price guide https://www.ndis.gov.au/providers/price-guides-and-pricing
Additional expenses/Associated Costs (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.
Payments
The Provider will seek payment for their provision of support after the [Participant / Participant’s representative] confirms satisfactory delivery.
Registered Plan Management Provider:
If the Participant has nominated a Registered Plan Management provider to manage the funding for supports provided under this Service Agreement, then after providing those supports, the provider will claim payment for those supports from the Registered Plan Management provider who will pay the invoice by [specify cash/cheque / EFT] within 7 days.
Payments regarding Transport:
If the NDIS plan includes Transport:
LYFIT will invoice participants chosen fund managers for the transport costs if LYFIT incurs costs in addition to the cost of a worker’s time while accompanying or transporting the participant in the community. The transport cost to be invoiced by LYFIT is 0.85 cents per kilometre travelled.
Please note: Transport costs will be charged according to the NDIS price guide https://www.ndis.gov.au/providers/price-guides-and-pricing
If NDIS Plan does not include Transport:
LYFIT will invoice the participant directly for the transport costs if LYFIT incurs costs in addition to the cost of a worker’s time while accompanying or transporting the participant in the community. The transport cost to be invoiced by LYFIT is 0.85 cents per kilometre travelled.
If the Participant is travelling in a group situation, the transport cost will be divided by the number of participants travelling in the vehicle. These costs will be quoted on the participant’s quarterly program activity plan.
Payment for these transport expenses should be made to LYFIT within the timeframes recorded on the invoice to avoid any impact on the timely service provision. Participants may wish to complete a direct debit authorisation form to complete payment for additional expenses.
If the Participant wishes to provide consent to Share this Service Agreement with external providers, Provide details below (Provider/participant representative/advocate/NDIS Commission):
____________________________________________________________________________________________________________________________________________________________________________________________________Agreement signatures
The Parties agree to the terms and conditions of this Service Agreement.
| Sign & Date of [Participant / Participant’s representative] | Sign & Date of [Participant / Participant’s representative] |
| Sign& Date of the authorised person from Provider | Name of authorised person from Provider |
I have read this Service Agreement, or it has been read to me or interpreted or translated to me in my language by LYFIT and I understand all the information, terms, and conditions in this Service Agreement.
YES
NO
I have received the copy of this Service Agreement: Yes / No (Please circle). If No, please state the reason:
Name and Signature of person who has received the Copy of this Service Agreement:
Date : 2024-10-13
Name and Signature of Staff who has provided the Copy of this Service Agreement:
Date