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Service Agreement Terms and Conditions

What is expected of the participant? 

This section explains your responsibilities.

  • inform the Provider about how they wish the supports to be delivered to meet the Participant’s needs;
  • treat the Provider with courtesy and respect;
  • talk to the Provider if the Participant has any concerns about the supports being provided;
  • participate in the creation of a care plan which includes a plan for working towards the NDIS goals and the full utilisation of supports in this service agreement;
  • give the Provider a minimum two clear business days’ notice prior to the shift if the Participant cannot make a scheduled appointment; and if the notice is not provided by then, the Provider’s cancellation fee of 100% of the agreed hourly rate will apply unless the worker is able to be re-assigned
  • give the Provider the required notice if the Participant needs to end the Service Agreement (see ‘Ending this Service Agreement’ below for more information); and
  • 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.

What is expected of the service provider? 

  • review the provision of supports through the care plan at least every 6 months with the Participant;
  • once agreed, provide supports that meet the Participant’s 

needs at the Participant’s preferred times;

  • communicate openly and honestly in a timely manner;
  • treat the Participant with courtesy and respect;
  • consult the Participant on decisions about how supports are provided;
  • give the Participant information about managing any complaints or disagreements and details of the provider’s cancellation policy (if relevant);
  • listen to the Participant’s feedback and resolve problems quickly;
  • give the Participant a minimum of 24 hours’ notice if the Provider has to change a scheduled appointment to provide supports or provide reasonable explanation as to why a scheduled appointment has been changed;
  • give the Participant the required notice if the Provider needs to end the Service Agreement (see ‘Ending this Service Agreement’ below for more information);
  • protect the Participant’s privacy and confidential information;
  • provide supports in a manner consistent with all relevant laws, including the National Disability Insurance Scheme Act 2013 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.
  • Work in partnership with the participant towards the Goals in the participant’s NDIS plan.
  1. Non-solicitation

The Participant and their family understands and agrees that any attempt on their part to induce the provider’s employees or contractors to leave the provider’s employment or any effort by the participant and their family to interfere with the provider’s relationship with its employees and contractors would be harmful and damaging to the provider.  The participant agrees that during the term of this service agreement and for a period of five (5) years after the end of that term, the participant and their family will not in any way directly or indirectly:

  • Induce or attempt to induce any employee or contractor of the provider to quit employment or retainer with the provider
  • Otherwise interfere with or disrupt the provider’s relationship with its employees and contractors
  • Discuss employment opportunities or provide information about competitive employment to any of the provider’s employees or contractors. 
  • Solicit, entice or hire away any employee or contractor of the provider for the purpose of an employment opportunity that is in competition with the provider. 

This non-solicitation obligation will be limited to employees or contractors who were employees or contractors of the provider during the period this service agreement. 

How will payments be made? 

There are 3 different ways my plan funding can be managed:

  • Self- managed: the provider will send the participant or their guardian an invoice after services are delivered which the participant or their guardian will pay within 7 days of invoice receipt. 
  • Plan Managed: the provider will send the participant’s Plan Management agency an invoice after services are delivered which the Plan Management agency will pay within 7 days of invoice receipt.  If the Plan Management agency is unable to process invoices efficiently the participant or their guardian commits to changing their Plan Management agency as quickly as practical. 

My plan managed agency is (optional): 

  • NDIA-Managed: the Participant or their guardian will sign a support log that confirms that a shift occurred, and the provider will claim for that shift directly with the National Disability Insurance Agency. 

The Participant’s NDIS Plan will indicate which of the above are applicable to the funding in this agreement.

For all services provided, a Support Log detailing the services, including the service type, date and time will be sent to the Participant/Guardian. The Participant/Guardian is to approve the Support Log, if the Log is not returned/responded to within 2 working days, the provider will process an invoice as approved by default. To indicate that the Support Log is incorrect, the Log must be responded to and an invoice will not be processed until the issue is resolved.

How to change your 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 must be clear and in writing from both parties (including email).

How to end your Agreement 

Should either Party wish to end this Service Agreement they must give 30 days’ notice in writing.

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

Cancellation Policy

You will be invoiced for 100% if you cancel or shorten a shift with less than two clear business days’ notice prior to the Per NDIS rules, you will be invoiced for 100% of the cost of service if you cancel or shorten a shift with less than two clear business days’ notice prior to the shift.

Example: if a shift on Monday the 7th is shortened from 6 hours to 4 hours than notice must be provided on Wednesday 2nd. If shorter notice is provided then 100% of the 4 hour shift will be invoiced and 100% of the remaining 2 hours will be invoiced.  This will not be charged if we are able to reallocate the employee to another participant.

For further information see the Cancellations section of the NDIA Price Guide 2020/21 page 21.

What to do if there is a problem? 

This section explains who to talk to if there is a problem. 
The contact person is:Alec McConnell
Their phone number is:04 7778 4441
Their email address is:alec@clermontcountrycare.com.au 
If you don’t have any success getting your problem fixed, you can contact the NDIA. You can also contact NDIS Quality and Safeguards Commission.

Goods and Services Tax 

Most services provided under the NDIS will not include GST. However, GST will apply to some services.
It is the service provider’s responsibility to check whether GST does or does not apply. 

Under tax law, the following sentence must be included in this Agreement:

“A supply of supports under this Service Agreement is a supply of one or more reasonable and necessary supports specified in the statement of supports 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.” 

Appendix: Price list as at July 2020 – for up to date price list go to https://www.ndis.gov.au/providers/price-guides-and-information

Core Supports

Assistance with self-care activities – Standard
Access community, social and recreational activities – Standard
Transport 

*there is no price set by the NDIS price catalogue for transport, $1 per km is cheaper than taxi or uber and is based on the need for service providers to pay the worker $0.78 per km for the use of their vehicle, the other $0.28 is for processing and administrative costs.

Capacity Building Supports

Support Coordination
Improved daily living skills

Privacy Procedure

Personal information collected by Stream Services is protected by the Australian Privacy Principles.  

Personal information is any information or an opinion that identifies you and includes sensitive and/or health information.  

The primary purpose for collecting personal information from you is to:  

  • Determine eligibility for services and/or waitlist management.  
  • Provide services, including planning, funding, monitoring and evaluating our services.  
  • Collaborate effectively with other service providers (of your nomination) to ensure holistic person-centered service provision.  Such as medical or education services, NDIS support coordinators, allied health practitioners, etc.  
  • Report to government or other funding bodies to claim funding for your service.  
  • Service analysis and to communicate relevant and related information and services to you (e.g. offers and service updates). You will be able to opt out of receiving these communications at any time. 
  • Take Photographs and videos for therapeutic and reporting purposes.  
  • Take photographs and videos for Marketing purposes should you consent for this to occur.  
  • Respond to your feedback or complaints, and  
  • Answer your queries 

Stream Services will not disclose/use information about you for any secondary purpose unless:  

  • You have consented to the use or disclosure; or  
  • The use or disclosure of the information is required or authorised by or under an Australian law or a court/tribunal order; or  
  • Stream Services reasonably believes the use or disclosure is necessary to lessen or prevent a serious threat to life, health or safety of an individual or to public health and safety; or  
  • Stream Services reasonably believes that the use or disclosure is reasonably necessary to assist another person to locate a person reported as missing.  

By registering with Stream Services you give authority for Stream Services; to collect, store, use and disclose personal and sensitive information, including health records, for the primary purpose of service provision, and directly related needs, in accordance with Australian Privacy Principles, you acknowledge that all information collected by Stream Services will be stored electronically on secure external servers  

You can request from your service staff access to information about you which is stored in your Stream Services file at any time. 

Stream Services is committed to ensuring you are satisfied with the service we provide and may from time to time invite you to complete a survey about your satisfaction. Surveys may be conducted by contracted service providers who will be required to comply with the provisions of the Information Privacy Act 2009 (Qld) and the Australian Privacy Principles . 

We will not add you to a mailing list, or give your personal information to third parties without your consent, except to provide you with services or improve our service to you, as indicated above, unless required by law 

Privacy Procedures

Dealing with personal information 

In dealing with personal information, Stream Services staff will: 

  • Ensure privacy for clients, staff, volunteers and other stakeholders when they are being interviewed or discussing matters of a personal or sensitive nature. 
  • Only collect and store personal information that is necessary for the functioning of the organisation and its activities. 
  • Use fair and lawful ways to collect personal information. 
  • Collect personal information only by consent from an individual. 
  • Ensure that people know what sort of personal information is held, what purposes it is held for and how it is collected, used, disclosed and who will have access to this information. 
  • Ensure that personal information collected or disclosed is accurate, complete and up-to-date, and provide access to any individual to review information or correct wrong information about themselves. 
  • Take reasonable steps to protect all personal information from misuse and loss and from unauthorised access, modification or disclosure. 
  • Destroy personal information no longer needed and/or after legal requirements for retaining documents have expired. 

Responsibilities for managing privacy 

  • All staff and Director/s are responsible for the management of personal information to which they have access, and in the conduct of research, consultation or advocacy work. 
  • Director/s are responsible for content in Stream Services publications, communications, social media platforms and web site and must ensure the following: 
  • Appropriate consent is obtained for the inclusion of any personal information about any individual including Stream Services staff. 
  • Information being provided by other agencies or external individuals conforms to privacy principles. 
  • Stream Services’s website contains a Privacy statement that makes clear the conditions of any collection of personal information from the public through their visit to the website. 
  • The Director/s are responsible for safeguarding personal information relating to Stream Services, staff, volunteers, contractors and stakeholders. 

The Privacy Contact Officer: The Privacy Contact Officer will be the Chief Executive Officer. The Chief Executive Officer will be responsible for: 

  • Ensuring that all staff are familiar with the Privacy Policy and administrative procedures for handling personal information. 
  • Ensuring that clients and other relevant individuals are provided with information about their rights regarding privacy. 
  • Handling any queries or complaints about a privacy issue. 

Privacy information for clients 

At the first meeting with the client, the appropriate staff will inform clients what information is being collected, how their privacy will be protected and their rights in relation to this information. 

Access to your Personal Information 

Clients may access their personal information held by Stream Services. Clients may wish to update and/or correct it, subject to certain exceptions. If a client wishes to access their personal information, they must put the request in writing to the Privacy Contact Officer. 

Stream Services will not charge any fee for a request, but may charge an administrative fee for providing a copy of personal information. 

In order to protect a client’s personal information, Stream Services will require identification before releasing the requested information.