As an NDIS business or provider, you might work with clients who receive funding under the National Disability Insurance Scheme (NDIS). If this is the case, you must have a written agreement in place. A service agreement outlines your obligations to clients, including how, when and what goods and services you will provide. Your contracts must meet standards under the NDIS, Australian Consumer Law, and the Australian Taxation Office (ATO). This article will explore key elements to include in your contracts when starting an NDIS business.
Services Being Provided
Your written agreement should clearly state the goods or services you will provide the participant and how, when and where. Some information you need to include are:
- the qualification of the people delivering the services (e.g. occupational therapist);
- a description of the services (e.g. report writing and home assessments);
- when and how often the services will be provided (e.g. every Tuesday at 3 pm);
- how long the agreement will last or if it is an ongoing arrangement; and
- how the services will be provided (e.g. via telehealth conferences, at your clinic or the participant’s home).
The Price of Services
NDIS-registered providers must follow the NDIS rules and regulations regarding pricing. This means you must comply with the NDIS Pricing Arrangements and Pricing Limits (NDIS Pricing Rules). The National Disability Insurance Agency (NDIA) outlines specific pricing rules for services, consumables and assistive technology.
A service agreement should also state whether you will charge for:
- consumables or assistive technology;
- your travel expenses;
- short notice cancellation fees; and
- GST (many NDIS supports are GST-free. In order to be GST-free, the ATO requires a written agreement between the provider and the participant. Further information on whether GST applies to your services can be found on the Australian Taxation Office website).
Therefore, your written agreement should outline the price of your services and any payment methods you will use. A clear contract ensures your client is aware of any charges that may apply when they hire you for services.
Continue reading this article below the formCancellation Policy
A written agreement should explain your cancellation policy clearly. If you plan to charge a cancellation fee, make sure the fees follow the NDIS Pricing Rules.
In certain circumstances, it is legal to charge your clients the full fee if they:
- do not show up for a scheduled support appointment within a reasonable time; or
- give less than seven days’ notice to cancel a scheduled service.
However, your client must agree to this policy beforehand.
Additionally, you might provide services in a group. If a participant cancels their attendance and you cannot find a replacement, you can charge them the agreed fee for the session they missed. In your cancellation policy, as well as outlining any cancellation fees, you should also detail:
- how the participant should provide you with notice of cancellation;
- whether you can cancel scheduled support appointments; and
- what will happen should you cancel an appointment.
Responsibilities of the Parties
Your written agreement should also state both parties’ responsibilities before and during the delivery of support services (if any). Your clients must treat you and your staff with respect and provide you with all required documentation. Likewise, if you deliver services in your client’s home, they must provide you with safe and clear access to their premises.
The agreement should also say what will happen if either party is unable to meet the agreed-upon responsibilities.
Similarly, your contract should state how clients can end the agreement should they wish to and if there is a minimum notice period.
Complaints Process
The agreement must include how clients can express concerns or complaints to you. Details should contain:
- your contact information for receiving complaints (name, number and email);
- whether clients can raise complaints anonymously;
- the timeframe in which you agree to respond to complaints;
- the process you will follow to address or answer a complaint; and
- a reminder that they can contact the NDIS Quality and Safeguards Commission if they are not satisfied with your response to their complaint.
Variation
You should also address whether the written agreement can be changed and how such changes may occur. Usually, service agreements have a clause allowing you or your client to make variations through a written agreement.
This fact sheet will help you to identify the key terms you must include in your NDIS service agreement.
Key Takeaways
As an NDIS business or provider, ensuring compliance with NDIS rules and regulations is crucial for your written agreements with clients. A written agreement helps align expectations and clarify the details of the arrangement. Ensure your contracts are in plain language, easy to read and that your clients understand them.
If you need assistance drafting a written agreement for your NDIS business, our experienced contract lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
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