AUSTRALIAN DISABILITY SUPPORT AGENCY
CASUAL SUPPORT SERVICE AGREEMENT
This Agreement is made between Australian Disability Support Agency Pty Ltd (ABN 16 637 744 908) (the “Provider”) and you (the “Client”). By engaging the services of the Provider for Casual Support Services (“services”) you agree to be bound by the terms and conditions set out in this Agreement.


TERMS & CONDITIONS

1. Introduction

1.1 The Provider is a registered Provider of supports in accordance with section 70 of the National Disability Insurance Scheme Act 2013 (Cth) (NDIS Act) and this Agreement adopts the definitions within the NDIS Act.

1.2 This Agreement is to provide services to the Client and is made in accordance with the rules and the goals of the National Disability Insurance Scheme (NDIS). Should the Client not be in the NDIS or otherwise be participating in another Government funded program outside the NDIS, this Service Agreement is acknowledged by the Client, their Nominee (if applicable) and the Provider as a valid Service Agreement under the terms of the relevant government program regardless of the references of the NDIS Act and NDIS throughout this Agreement.

1.3 The Client may have a representative of their choice assist them in making decisions on their behalf.

1.4 The relationship between the Client and the Provider is that of a principal and an independent contractor.


2. Rights and Responsibilities

2.1 The Client (and/or the Client’s Nominee) agrees to:

2.1.1 Advise the Provider of the supports to be delivered to meet the Client’s needs and goals as detailed in the NDIS Plan and this Agreement;

2.1.2 Provide a copy of the Client’s funding agreement or approved NDIS Plan (if applicable) or portion thereof for supports to be delivered;

2.1.3 Treat the Provider’s employees and contractors with courtesy and respect;

2.1.4 Talk to the Provider if the Client has any concerns about the supports being provided;

2.1.5 Advise the Provider of any changes to the Client’s personal details, including contact details of the Client’s Nominee;

2.1.6 Let the Provider know immediately if the Client’s NDIS plan is suspended or replaced by a new NDIS plan or the Client stops being a Client of the NDIS;

2.1.7 Not ask support staff to perform supports other than those agreed between the Parties and forming part of this Service Agreement; and

2.1.8 If supports are to be provided in your home notify us of any risks our staff may experience when providing supports in your home and take steps to address them at your own expense. You hereby indemnify and keep indemnified the Provider for any loss or damage incurred by your failure to notify us of any risks or safety issues.

2.2 The Provider agrees to:

2.2.1 Communicate clearly, openly and honestly in a timely manner;

2.2.2 Treat the Client with courtesy and respect;

2.2.3 Provide the Client with information about managing any complaints and/or feedback (see clause 8);

2.2.4 Listen to the Client’s feedback and resolve issues as soon as practicable;

2.2.5 Maintain accurate and up-to-date records of the Client;

2.2.6 Protect the Client’s privacy and confidential information and provide the Client with a copy of the Provider’s privacy policy; and

2.2.7 Provide supports in a manner consistent with all relevant laws, including the National Disability Insurance Scheme Act 2013, National Disability Insurance Scheme Rules, and Australian Consumer Law.


3. Payment of Supports

3.1 The Provider is entitled to payment for support provided pursuant to the NDIS Plan and this Agreement.

3.1.1 Where the Client has nominated a third party to manage the funding of supports and the National Disability Insurance Agency (NDIA) has approved of this third party to act as nominee (Plan Nominee), the Client will provide the Provider with the Plan Nominee’s contact details and the Provider shall forward an invoice for services to the Plan Nominee for payment within seven (7) days. In the event the Plan Nominee fails to pay the Provider’s invoice for supports provided, the Client shall remain liable for payment of outstanding invoices;

3.1.2 Where the Client has nominated the NDIA to manage the funding for supports provided under this Agreement, the Provider shall claim payment for those supports from the NDIA;

3.1.3 Where the Client has nominated a Plan Manager other than the Provider to manage the funding for supports under this Agreement, the Client shall provide contact details of the Plan Manager to the Provider and the Provider shall claim payment for those supports from the nominated Plan Manager;

3.1.4 Where the Client is not an NDIS Act defined Client this Service Agreement allows the Provider to bill the relevant government funding body or the Client directly for services used; and

3.1.5 Should the Client use services of this Provider or a related entity prior to entering into this Agreement, or the Provider is otherwise authorised to charge for services which have been delivered and remain unpaid, then the Client consents and authorises the Provider to submit invoices to the relevant government funding body or other relevant party.

3.2 Where the Client has chosen to self-manage the funding for support, the Provider shall invoice the Client and the Client will be responsible for payment of invoices within seven (7) days, as follows:

3.2.1 The Client agrees and acknowledges that if they fail to pay an invoice by its due date, that access to, and/or the provision of, the services may be suspended, cancelled, denied, or removed;

3.2.2 In the event that an invoice is not paid within fourteen (14) days of the due date, the Provider reserves the right to charge late payment interest at a rate of one and a half percent (1.5%), not to exceed the maximum permitted by law; and

3.2.3 Dishonoured payments will incur a $25.00 administrative fee. In the event that the Client’s account incurs a second dishonoured payment, the Provider reserves the right to terminate all future provision of services.

3.3 The Parties agree that pricing may be subject to incremental increases in accordance with the Consumer Price Index and price limits set by the NDIA from time to time.

3.4 The Client is responsible for additional expenses including:

3.4.1 Self-paid items and/or any other items not included as part of NDIS supports such as entrance fees, event tickets and meals; (excluding gifts or incentives received by the Client from the Provider as part of a legitimate trade promotion or competition);

3.4.2 Customisations to a support or assistive technology not considered by NDIS to be reasonable or necessary, and

3.4.3 Support requirements that exceed the allocated NDIS support budget.

3.5 Should it become necessary for the Provider to enforce any term of this Agreement either through legal representation, collection agency, or directly through a small claims Court, then the Client agrees that it shall pay all reasonable legal fees, agency fees, court costs, and other reasonable collection costs. 3.6 The Provider reserves its rights to review, amend, or vary its fee structure at any time.


4. Provisions of Support

4.1 A service booking shall be charged by the Provider, and is as set out on the Provider’s online booking form.

4.2 The fees payable to the Provider by the Client shall be as set out in the Provider’s booking form.

4.3 To provide services under the NDIS, there is a cost to Clients to ensure that supports are organised and managed appropriately. Where the NDIA has nominated an “Establishment Fee” as part of the NDIS Plan, the Provider will make claims for these supports from NDIS and/or the nominated Registered Plan Manager.

4.4 The Client will be charged for the actual time that they are assisted and services provided. The minimum charged assistance begins at fifteen (15) minutes with an additional twenty (20) minutes travel time, charged at the Temporary Transformation Payment (TTP) rate. Travel & Transport

4.5 Where applicable, transport will be charged at the rate of:

4.5.1 $1.00 per kilometre when travelling in staff vehicles The Provider will charge for travel under the applicable supports. The maximum amount of travel time to be claimed for the time spent travelling to each Client is;
• 30 minutes in City areas; and
If the Client’s plan indicates funding for transport, and that this funding is managed by the NDIA or the Provider, then the Provider will utilise these funds to contribute to the transport costs incurred. If the Client does not have funding for transport then travel costs will be charged as an out of pocket expense to the Client and will be agreed prior to the service being provided.

Temporary Transformation Payment (TTP)

4.6 The Provider may access a higher price limit for services through the Temporary Transformation Payment on the condition the Provider:
(i) publishes their service’s prices;
(ii) lists their business contact details in the Provider Finder and ensure these details are current; and
(iii) participates annually in an Agency-approved market benchmarking survey.

4.7 All Casual bookings are charged at the

NDIS TTP Rate Plan Reviews or Modifications

4.8 The Client is responsible for informing the Provider when their NDIS Plan has been reviewed and/or modified in any way. The Provider requires this information so the support can be reviewed and modified, where necessary, to ensure the most current supports are provided.

Cancellation of Service Bookings

4.9 Notice of shift cancellation is required by phone call to the Provider’s office at least two (2) clear business days before the scheduled shift.

4.10 If the Client makes a short notice cancellation, less than two (2) clear business days before the scheduled shift, the Provider will charge 100% of the price for the cancelled shift.

4.11 If the Client is not home for their assistance and does not inform the Provider that they will not be home, the Client will be charged for the service plus travel time as if they were assisted.

4.12 Cancellations made ‘on the doorstep’ (without notice) at a scheduled assistance time will be charged to the Clients' plan as if they were assisted, plus travel time. Use of Multiple Service Providers

4.13 The Provider recognises that the Client has the right to choose their service provider/s and that multiple providers may be involved in providing supports. The Client shall inform the Provider if they are engaging multiple service providers to help ensure the NDIA budgets for individual support items are managed appropriately. The Client agrees to pay for any service provided by the Provider which is in excess of the Client’s NDIA budget due to the failure of the Client or their Nominee to inform the Provider of their use of multiple service providers under this clause.


5. Feedback, Complaints and Disputes

5.1 If the Client is unhappy with the provisions of supports and wishes to make a complaint or raise any concerns, the Client can talk to the Provider’s delegated representative on 0422 133 373 or via the Provider’s website, listed in contact details below.

5.2 If the Client is not satisfied or does not want to talk to the Provider, the Client can contact the NDIA on 1800 800 110, visit one of their offices in person or visit ndis.gov.au for further information.

5.3 For further information on making a complaint, the Client can obtain a copy of the Provider’s Complaints Policy by contacting the Provider.

5.4 NDIS Quality and Safeguards Commission: The NDIS Commission is a new independent government body that commenced operations in Queensland on 1 July 2019. The Commission will ensure that a consistent approach to quality and safety in the NDIS is adopted throughout Australia, all service Providers follow the NDIS Code of Conduct and meet the NDIS Practice Standards and any complaints about the quality and safety of NDIS services and supports are investigated. To find out more about the NDIS Commission, or to make a complaint, please visit http://www.ndiscommission.gov.au/participants/complaints or call the NDIS Commission on 1800 035 544.


6. Confidentiality

Responsibilities of the Provider

6.1 The Provider is bound by the Australian Privacy Principles under the Privacy Act 1988 (Cth) and other relevant laws about how accommodation and care and service Providers and private health service Providers handle personal information.

6.2 It is the policy of the Provider to provide an environment that promotes confidentiality. The Provider is committed to complying with all applicable privacy laws which govern how the organisation collects, uses, discloses and stores the Client’s personal information.

6.3 Personal information will be collected by the Provider for the purpose of providing the Client with support, services and directly related purposes.

6.4 The Provider will not use or disclose the Client’s personal information to any other person or organisation for any other purpose unless:

6.4.1 The Client, or someone authorised to do so on the Client’s behalf, has consented.

6.4.2 The use or disclosure is for a purpose directly related to providing the Client with the support.

6.4.3 The organisation is permitted or required to do so by law.

Responsibilities of the Client

6.5 The Client shall not discuss any information that may identify other care recipients or staff associated with the Provider with any person other than the Provider.

6.6 The Client acknowledges that, should any breach of confidentiality be reported to the Provider against the Client, all reported breaches will be vigorously investigated by the Provider and may result in suspension or termination of this Service Agreement and/or the provision of future support.


7. Assistance with Medication

7.1 The Client acknowledges that:

7.1.1 If any of the Provider’s employees or contractors are required to assist with medication, they can only do so if they are appropriately credentialed.

7.1.2 Employees and contractors of the Provider shall only assist with medications in accordance with a letter of authority from a medical practitioner. This includes assistance with prescription and non-prescription products including Paracetamol.


8. Collection and Provision of Information

8.1 The Provider shall maintain privacy and confidentiality of the Client’s information in accordance with the Provider’s Policy and relevant legislation.

8.2 The Client recognises the Provider may share personal information with NDIS approved auditor organisations for the purpose of the Provider to undertake audits to ensure compliance with the legislative requirements of the NDIS Quality & Safeguarding Commission.


9. Emergency After Hours Phone Service

9.1 The Provider’s after-hours emergency service is available outside of ordinary business hours and is available 24-hours on the weekend and public holidays. The After-Hours service may be used by the Client in circumstances including the following: (i) Non-Attendance by Support Staff for scheduled shifts; and/or (ii) Any other emergency situation that does not require professional emergency service attendance.

9.2 The Client shall not use the after-hours emergency service for general enquiries which are more appropriately dealt with by office staff during business hours.

9.3 For medical or other emergencies, the Client shall contact the appropriate professional emergency services by calling 000 before contacting the Provider’s after-hours service.


10. Transportation

10.1 The Provider shall ensure-all employees or contractors transporting Clients hold a current unrestricted driver’s license and that appropriate documentary evidence of the following is maintained.

10.2 If, whilst transporting a Client, the Client causes any damage to the vehicle either deliberately or unintentionally, the Client is responsible for any out-of-pocket expenses involved in repair of the damage.


11. Goods and Services Tax (GST)

11.1 Most services provided under NDIS will not include GST. However, GST will apply to some services. The Provider is responsible for checking whether or not GST applies.

11.2 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 Client’s NDIS plan currently in effect under section 37 of the NDIS Act.


12. Indemnity

12.1 The Client/Client’s Representative must indemnify and hold the Provider harmless from and against all claims and losses arising from loss, damage, expense, liability, injury to the Client, by reason of or arising out of the services supplied to the Client by the Provider within or outside of the scope of this Agreement.


13. Limitation of Liability

13.1 Except as provided for in this agreement, the Provider makes no representation of any kind, express or implied with respect to the delivery of the services.

13.2 To the extent that any warranty is made, the sole and exclusive remedy for breach of any warranty is that the Provider re-provide the service(s).

13.3 The Client agrees to indemnify, defend and hold harmless the Provider, its related entities, shareholders, agents, affiliates, employees, directors and officers, from any and all liability, claim, loss damage, demand or expense (including reasonable legal costs) asserted by any third party due to, arising from, or in connection with any breach by either party of the terms of this agreement. This includes, without limitation, any representation or warranty contained herein, any fraudulent conduct committed or negligence by either party, all liabilities related to the services, any investigation or government claim, and/or any intellectual property claims associated with any and all copy and images supplied by either Party and its associated use thereof.

13.4 No action arising under or relating to this agreement, regardless of its form, may be brought by either party more than six (6) months after the cause of action has accrued and in any event, no later than six (6) months after the termination of this agreement, except for an action for non-payment brought by the Provider.

13.5 The Provider shall bear no liability whatsoever under or in any way related to this agreement for any loss, loss of profit, or revenue or for any consequential, indirect, incidental, or exemplary damages.

13.6 If Australian Consumer Law or any other legislation implies a condition or warranty into this agreement in respect of the services supplied, and the Provider’s liability for breach of that condition or warranty may not be excluded but may be limited, Clause 13.1 does not apply to that liability and instead the Provider’s liability for such breach is limited to the Provider supplying the services again or paying the cost of having the services supplied again by a third party.