Assignment – Clauses that allow the service provider to outsource services to an unknown future service provider. Inappropriate signing of agreements – Some service providers who have already received an alternate deed and an explanation of why the OPA cannot sign a service contract are still trying to get the participant to sign the original service contract (including clauses considered unfair or incriminating). The NDIA states that service agreements may be entered into between the Participant and the Supplier or between another person (such as a family member or friend) and the Supplier. [4] In a recent report, the Victorian Office of the Public Advocate (OPA) rejected this view. The OPA states that a service contract as a legal contract can only be signed with the legal authority of the participant or a designated deputy decision-maker with appropriate powers who has understood and accepted the terms of the contract. Your provider`s responsibilities under the service contract – e.B. work with you to provide your support in the right way Other reasons why an NDIS service contract is important: If the participant wishes, another trusted person such as a family member, caregiver or friend can enter into the service contract on behalf of the participant (Disability Support Guide 2021). A written service contract is only required if you need assistance with Specialized Disability Accommodation (SDA) under the NDIS. However, you are not required to sign this Agreement. Most services offered by NDIS providers are GST-free. If this is the case for your practice, you do not need to mention GST in your service contract.
Exceptions can be found in the price guide. Whether you`re just starting out or have been in the game for a while, you`ve probably noticed that long chords are complex to handle. In general, it`s better to start and build on your agreements rather than filling them with unnecessary jargon that confuses participants. Once you are satisfied with the service contract, you can sign the document. Service agreements are not mandatory under the NDIS (unless the participant needs assistance with specialized accommodations for persons with disabilities), but are considered best practices and have several advantages, including: The NDIS service agreement template refers to a specific clause that must be included in a service contract and claims that this is necessary for tax purposes for the purposes of a GST exemption. However, the Australian Tax Office (ATO) states that as long as you have written evidence of a legally binding obligation for you to make the delivery to the NDIS Participant and that this is adequate and necessary assistance as specified in the Participant`s NDIS Plan, the requirement of a written agreement is fulfilled. [3] The ATO offers case studies that show how GST requirements can be met through other measures, such as email correspondence. We are talking here in general, there are additional requirements regarding service agreements established for providers of assisted independent living (ISL) and specialized housing for persons with disabilities (SDA), which we will explore shortly in our Quality and Assurance bulletin. Each Participant will be helped to understand their Service Agreement and Terms using the language, type of communication and terms that the Participant is most likely to understand. If you have a support coordinator, they can even help you organize and review your service contracts and work directly with your service providers. Although service contracts are not mandatory, they ensure the safety of suppliers and participants.
Personal Responsibilities – Matters beyond the control of a OPA guardian (and sometimes a plan applicant) are often included in service agreements under the heading ”Your Responsibilities”. As mentioned above, these are personal responsibilities that are usually under the exclusive control of the participant. It would be more appropriate to agree on these issues directly with the participant, recognizing any limitations on the person`s ability to understand or comply with their obligations. [18] It is important to ensure that the required NDIS details are included in your service contract, but making a service contract more complicated than it should be undermines participants` trust in your services. The NDIA has responded to the OPA`s recommendations on service level agreements and will use them in the development of its guidelines.[21] A complete list of the OPA`s recommendations and NDIA`s response can be found in the report. However, service providers don`t have to wait for NDIA`s advice, but start reviewing your service contracts right now. Make sure the agreements cover the relevant standards of practice and check them for unfair terms (would you be happy if your loved one signed them?). Develop processes to capture alternatives to written service agreements (evidence is essential) and understand who can accept what (it may be different for individuals).
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