An NDIS service agreement is a contract between an NDIS participant and their service provider. This agreement outlines the supports that will be provided, how they will be delivered, and the responsibilities of both parties. Once both the participant and the provider agree on the terms, they sign the document to formalise the arrangement.
Who Can Make an NDIS Service Agreement?
An NDIS service agreement can be created between an NDIS participant and their chosen service provider. In some cases, a trusted representative—such as a family member, carer, or guardian—may enter into the agreement on behalf of the participant.
Service providers may include:
- Disability support organisations
- Community service providers
- Businesses offering services like cleaning, health, or gardening
How Is an NDIS Service Agreement Different from an NDIS Plan?
While an NDIS plan outlines a participant’s goals and the funding they have access to, an NDIS service agreement is a practical document that specifies how a service provider will deliver the necessary supports. It ensures that both the participant and provider are clear on the terms of engagement.
What Should Be Included in an NDIS Service Agreement?
A well-structured NDIS service agreement typically includes:
- The type of supports being provided
- When, where, and how the supports will be delivered
- Costs and payment details
- Duration of services
- Responsibilities of both the participant and provider
- Terms for modifying or ending the agreement
Participant Responsibilities
When signing an NDIS service agreement, participants agree to:
- Clearly communicate their needs and preferences
- Treat service provider staff with respect
- Notify providers about any issues or concerns
- Provide at least 24 hours’ notice for appointment cancellations
- Inform the provider if their NDIS plan changes
- Give notice if they wish to end the agreement
Service Provider Responsibilities
Service providers also have obligations under the NDIS service agreement, including:
- Delivering agreed-upon services professionally
- Communicating openly and clearly
- Treating participants with dignity and respect
- Ensuring participants are involved in decision-making
- Handling complaints and feedback appropriately
- Keeping participant information confidential and up to date
- Adhering to NDIS laws and regulations
- Providing invoices and checking GST requirements
Payment for NDIS Supports
There are different ways to manage NDIS funding and pay for services:
- Self-managed: Participants manage their funding and payments.
- Plan-managed: A Plan Manager handles payments on behalf of the participant.
- NDIA-managed: The National Disability Insurance Agency (NDIA) directly pays service providers.
How to Modify an NDIS Service Agreement
If changes are needed, both the participant and provider must agree on the modifications. Most agreements require:
- Written confirmation of changes
- Mutual agreement between both parties
- A signed document acknowledging the updates
Ending an NDIS Service Agreement
Participants can terminate an NDIS service agreement by giving the required notice as stated in the agreement. The standard notice period is usually one month, but this can vary. Service providers must also provide notice if they choose to end the agreement.
When Can a Service Provider Withdraw Supports?
Ability Assist may withdraw supports under specific circumstances, including:
- Illegal activity within a supported environment (e.g., theft, property damage, or drug/alcohol use)
- Non-payment of service fees after 60 days of overdue notices
- If the participant is no longer eligible for NDIS funding
- If continuing services would pose a serious safety risk
Goods and Services Tax (GST) and NDIS Service Agreements
Most NDIS-funded supports are GST-free, but service providers must check whether GST applies on a case-by-case basis. The primary law governing this is A New Tax System (Goods and Services Tax) Act 1999. More details can be found on the Australian Taxation Office website.
Need Further Support?
An NDIS service agreement ensures clarity and accountability between participants and service providers. By understanding its key elements and responsibilities, participants can confidently navigate their NDIS supports and get the best outcomes. If you need help understanding or setting up your NDIS service agreement, get in touch with Ability Assist today! For more information about our NDIS support services, call Ability Assist on (03) 9306 1770 or contact us.
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