Registration

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 (participant), and is made between:

[Participant / participant’s representative (such as a family member or friend)]and Account Stability Pty Ltd [insert date].

2. The NDIS and this Service Agreement

This Service Agreement is made for providing supports under the participant’s NDIS plan.

A copy of the participant’s NDIS plan is attached to this Service Agreement [delete this sentence if 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:

1. support the independence and social and economic participation of people with disability; and
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.
3. Schedule of Supports

Account Stability Pty Ltd agrees to provide the participant [insert description of supports] for [insert duration of each of the supports provided]. 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 the [participant / participant’s representative] and are not included in the cost of the supports. Examples include entrance fees, event tickets, meals, etc.

Emergency and Disasters

During the event of an emergency or disaster we will work with the local government and/or a third party to assist us in ensuring you are safe, and your supports are maintained during an emergency or disaster. However, in certain circumstances we may not be able to ensure the continuation of your supports.

4. Account Stability Pty Ltd Responsibilities

Account Stability Pty Ltd agrees to:

1. review the provision of supports at least [specify frequency e.g. 3 monthly, annually] with the participant;
2. once agreed, provide supports that meet the participant’s needs at the participant’s preferred times;

• communicate openly and honestly in a timely manner;

1. treat the participant with courtesy and respect;
2. consult the participant on decisions about how supports are provided;
3. give the participant information about managing any complaints or disagreements cancellation policy;

• listen to the participant’s feedback and resolve problems quickly;
• give the participant a minimum of 24 hours’ notice if Account Stability Pty Ltd has to change a scheduled appointment to provide supports;

1. give the participant the required notice if Account Stability Pty Ltd needs to end this Service Agreement (see ‘Ending this Service Agreement’ below for more information);
2. protect the participant’s privacy and confidential information;
3. provide supports in a manner consistent with all relevant laws, including the National Disability Insurance Scheme Act 2013 (NDIS Act) and rules, and the Australian Consumer Law;

• keep accurate records on the supports provided to the participant; and
• issue regular invoices and statements of the supports delivered to the participant as per the NDIA’s Terms of Business for Registered Providers.

Note: Hope For Future Care will work closely with other agencies to coordinate the best support for you. This means your informed consent for the sharing of information will be sought and respected in all situations unless:

• we are obliged by law to disclose your information regardless of consent or otherwise if authorised by law.
• it is unreasonable or impracticable to gain consent or consent has been refused; and
• the disclosure is reasonably necessary to prevent or lessen a serious threat to the life, health or safety of a person or group of people.

Additional Conditions Account Stability Pty Ltd will comply with when providing assistance with daily personal activities to participants who live alone.

1. This condition applies to Account Stability Pty Ltd only if Account Stability Pty Ltd is registered to provide personal support.
2. This condition takes effect on 2024.
3. In this condition:
   • appropriate means appropriate having regard to the participant’s risk factors.
   • face-to-face communication orface-face contact means communication or contact in person and directly with the participant and does not include online or virtual communication or contact.
   • participant means a participant who lives alone.
   • personal supportmeans the class of support referred to as assistance with daily personal activities in the National Disability Insurance Scheme.
   • risk factors means factors that may have a significant detrimental impact on a participant’s capacity to engage in the community, being the factors listed in clause (7) and the participant’s risk factorsmeans the risk factors (if any) assessed under clause (4)(b) as existing in relation to the participant.
   • service agreement means a service agreement with respect to the provision of personal support.
   • support workermeans, in relation to a participant, an individual who provides the participant with personal support.
4. Subject to clause (5), Account Stability Pty Ltd must not allow personal support to be provided by a sole support worker to a participant unless Account Stability Pty Ltd:
   • Firstly, has assessed whether any of the risk factors exist in relation to the participant; and
   • Secondly:
     1. has entered into a written service agreement with the participant; or
     2. has prepared a proposed written service agreement to enter into with the participant, made all reasonable efforts to enter it with the participant and provided a copy of it to the participant.

Note: The service agreement need not be limited to the provision of personal support. It may also relate to other supports or services provided to the participant. The service agreement must comply with clauses (8) and (9).

5. If, when this condition takes effect, a provider is already allowing personal support to be provided by a sole support worker to a participant, Account Stability Pty Ltd has until 30 days after the date specified in clause (2) to comply with the requirements of clause (4) in relation to that participant.
6. If Account Stability Pty Ltd has provided a copy of a proposed service agreement to the participant (as referred to in clause (4)(b)(ii)) Account Stability Pty Ltd must provide the personal support to the participant in accordance with the terms of the proposed agreement.
7. The risk factors are as follows:
   • The participant is not receiving, from any other NDIS provider, supports or services that involve regular, face-to-face contact with the participant.
   • One or more of the following applies:
     1. The participant or the participant’s plan indicates that the participant has limited or no regular, face-to-face contact with relatives, friends or other people with whom the participant is well-acquainted.
     2. Without the assistance of another person the participant has limited or no physical mobility.

• The participant uses equipment to enable them to be physically mobile or to facilitate their physical mobility.

1. Without the assistance of another person the participant has limited or no ability to communicate with others.
2. The participant uses equipment to enable or facilitate communication with others, including to enable or facilitate the use of a phone or other device.

8. Account Stability Pty Ltd must:
   • document its assessment of the participant’s risk factors;
   • as soon as reasonably practicable after completing the assessment, provide a copy of the assessment to the participant;
   • place a copy of the assessment in Account Stability Pty Ltd’s file relating to the participant; and
   • as soon as practicable after Account Stability Pty Ltd becomes aware of any change in circumstances that may have a significant impact on the provision of personal support to the participant:
     1. update the assessment to take account of the change;
     2. provide a copy of the updated assessment to the participant; and

• place a copy of the updated assessment in Account Stability Pty Ltd’s file relating to the participant.

9. The service agreement or (where clause (4)(b)(ii) applies) the proposed service agreement between Account Stability Pty Ltd and the participant must take into account the participant’s risk factors and must specify:
   • the rights and obligations of the participant and Account Stability Pty Ltd, respectively, under the agreement;
   • the means by which the participant’s support worker will be selected, including the participant’s role in the selection;
   • a procedure that will be used to review of implementation of the agreement, which must include someone other than the support worker checking directly with the participant, and with appropriate frequency, the participant’s level of satisfaction with the type, quality and frequency of personal support being provided;
   • the means by which Account Stability Pty Ltd will supervise and monitor the performance of the support worker to ensure the performance is consistent with the agreement and the participant’s safety and well-being, which must include (as far as practicable) visits by a supervisor to the participant’s home, at a specified and appropriate frequency, to undertake in-person supervision of the support worker;
   • the means by which Account Stability Pty Ltd will communicate with the participant, which must include (as far as practicable) face-to-face communication with the participant in the participant’s home at an appropriate frequency;
   • the means by which Account Stability Pty Ltd will engage with other providers who may be involved in providing supports or services to the participant in the participant’s home or in supporting the participant to access community based activities.
10. If any risk factor has been identified as existing in relation to the participant Account Stability Pty Ltd must ensure that:
    1. there is a documented plan for supervision of the participant’s support worker that is appropriate having regard to the participant’s risk factors and the plan is implemented;
    2. all of Account Stability Pty Ltd’s key personnel receive regular reports in relation to the care and skill with which personal support is being provided to the participant by the support worker, with the regularity of the reports being appropriate having regard to the participant’s risk factors; and
    3. appropriate action is taken by Account Stability Pty Ltd, without any unreasonable delay, to address any concerns identified in those reports.
       • Account Stability Pty Ltd must keep an up-to-date record of all participants to whom Account Stability Pty Ltd allows personal support to be provided by a sole support worker.
    4. Responsibilities of the [participant/participant’s representative]

The [participant/participant’s representative] agrees to:

1. inform Account Stability Pty Ltd about how they wish the supports to be delivered to meet the participant’s needs;
2. treat Account Stability Pty Ltd with courtesy and respect;

• talk to Account Stability Pty Ltd if the participant has any concerns about the supports being provided;

1. give Account Stability Pty Ltd a minimum of 24 hours’ notice if the participant cannot make a scheduled appointment, noting that if the notice is not provided by then, Account Stability Pty Ltd cancellation policy will apply;
2. give Account Stability Pty Ltd the required notice if the participant needs to end this Service Agreement (see ‘Ending this Service Agreement’ below for more information); and
3. let Account Stability Pty Ltd 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.
4. Payments

Account Stability Pty Ltd will seek payment for their provision of supports after the [participant / participant’s representative] confirms satisfactory delivery.

[One or more of the below paragraphs may apply. Delete those that do not apply.] 


[If the funding for any of the supports provided under this Service Agreement is managed by the participant:]

The participant has chosen to self-manage the funding for NDIS supports provided under this Service Agreement. After providing those supports, Account Stability Pty Ltd will send the participant an invoice for those supports for the participant to pay. The participant will pay the invoice by [direct debit / cash / cheque / EFT] within [insert reasonable time period, e.g. 7 days].

[AND / OR]

[If the funding for any of the supports provided under this Service Agreement is managed by a Plan Nominee:]

The participant’s Nominee manages the funding for supports provided under this Service Agreement. After providing those supports, Account Stability Pty Ltd will send the participant’s Nominee an invoice for those supports for the participant’s Nominee to pay. The participant’s Nominee will pay the invoice by [direct debit / cash / cheque / EFT] within [insert reasonable time period, e.g. 7 days].

[AND / OR]

[If the funding for any of the supports provided under this Service Agreement is managed by the National Disability Insurance Agency:]

The participant has nominated the NDIA to manage the funding for supports provided under this Service Agreement. After providing those supports, Account Stability Pty Ltd will claim payment for those supports from the NDIA.

[AND / OR]

[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 [insert name of Registered Plan Management Provider] to manage the funding for NDIS supports provided under this Service Agreement. After providing those supports, Account Stability Pty Ltd will claim payment for those supports from [insert name of Registered Plan Management Provider].

What supports will be provided:

Account Stability Pty Ltd agrees to provide the participant [insert description of supports] for [insert duration of each support provided]. (If the list is lengthy, this could be attached separately with a price list).

When and how long they will be provided:

This service agreement will start on [day, month, year] for the period from [insert date] to [insert date].

How much they will cost:

The cost of supports is in the attached Schedule of Supports. All prices are inclusive of GST.

How payments will be made:

After the participant is satisfied with the delivery of the service by Account Stability Pty Ltd, the service provider will claim payment by:

• giving me or my representative an invoice (self-manage)
• claiming the hours of service from Account Stability Pty Ltd portal (privately plan managed or Agency managed)

7. 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.

8. Ending this Service Agreement

Should either party wish to end this Service Agreement they must give [insert reasonable time period depending on nature of supports, e.g. 1 month] notice.

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

9. Feedback, complaints and disputes

If the participant wishes to give Account Stability Pty Ltd feedback or is not happy with the provision of supports and wishes to make a complaint, the participant can talk to Account Stability Pty Ltd on [insert phone number] or at [insert email address].

If the participant is not satisfied or does not want to talk to this person, the participant can contact the National Disability Insurance Agency by calling 1800 800 110, visiting one of their offices in person, or visiting www.ndis.gov.au for further information.

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 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; and

• the [participant/participant’s representative] will immediately notify Account Stability Pty Ltd if the participant’s NDIS Plan is replaced by a new plan or the participant stops being a participant in the NDIS.

11. Cancellation Policy

Out of consideration and respect for Account Stability Pty Ltd’ time, the [participant/participant’s representative] musts provide Account Stability Pty Ltd with at least 24 hours’ notice of the cancellation of any supports. For cancellation of weekend supports, the [participant/participant’s representative] must notify Account Stability Pty Ltd by 5:00pm on the previous Thursday. Where multiple cancellations or no shows occur in a 12-month period, Account Stability Pty Ltd will notify the NDIA as a review of the participant’s NDIS Plan may be required.

Where Account Stability Pty Ltd cancels a support due to operational reasons, the service will be rescheduled at no penalty to either party.