You may have several legal and procedural questions when you start providing support services under the National Disability Insurance Scheme (NDIS). A key question is: what documentation, if any, should I have in place with my customers/participants? Since you are dealing with vulnerable people, it is essential to consider this carefully and protect your clients and your business. This article will help you understand the importance of a well-drafted NIDS-Appropriate Services Agreement.
What is an NDIS-Appropriate Services Agreement?
When a participant (someone who has been approved for NDIS support) wants to engage you for services, it is helpful to enter a contractual arrangement with them. The document you use to represent this arrangement is the Services Agreement.
NDIS-Appropriate Services Agreements — Requirements
Generally speaking, there is no legal requirement for you to have a Service Agreement. The exception is unless you provide Specialist Disability Accommodation (SDA). For other forms of support, the NDIA (National Disability Insurance Agency) does not require a written service agreement.
However, you may wish to have a Service Agreement in place to comply with the NDIS Code of Conduct. The Code of Conduct sets out how service providers carry out the provision of services. Included in this is maintaining appropriate and accurate records to keep a record of services delivered and inform future service delivery. You will ideally contain these in a well-drafted Services Agreement.
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Contents of an NDIS-Appropriate Services Agreements?
An NDIS-appropriate Services Agreement will resemble a typical contract. It will outline:
- what services you offer;
- how much those services cost; and
- your obligations as well as the participant’s obligations.
Other key sections in an NDIS-appropriate Services Agreement include:
- length of the contract;
- the extent to which any party can change the scope of the contract; and
- the dispute resolution process.
It is essential that you write your NDIS-Appropriate Services Agreement in plain English. Anyone should find it easy to read and understand the key points.
Your Services Agreement should also directly reference the NDIS scheme. You will need to know some key details about the participants themselves. This includes:
- their names;
- the extent and form of support;
- which individual manages their plan; and
- a list of key contacts.
You will also want to directly reference the NDIS Pricing Arrangements and Price Limits. The NDIA releases this document at the end of each financial year. Your prices should be outlined with a clear link to the support that participants can claim.
Relevant Risks
If you are a service provider, your offering may be the same for each person. In that case, you may choose to draft up a template Services Agreement that can be used with all of your customers. This is common for many businesses but may prove challenging in the NDIS space.
This is because disability is unique and varies greatly from person to person. A participant may have a plan manager or a support coordinator that you will speak with and curate a service plan that suits the participant’s needs. In this case, a template may not be appropriate.
Further, a template document with a take-it-or-leave it approach (i.e. where the participant can’t negotiate the support or the obligations within the agreement) is likely to be considered unfair under the Unfair Contract Terms Regime. Your business may face penalties of up to $50m for unfair terms. with consequences for unfair terms ranging up to $50 million.
In addition, you are negotiating with and providing services to vulnerable people. You have an obligation to support participants and ensure they understand the agreement.
The NDIA, akin to a regulator in this space, is not a party to Service Agreements between providers and participants. However, they state that they will take action against service providers if the Service Agreement does not align with the NDIS Act 2013 and the NDIS Pricing Arrangements and Price Limits.
Given these legal requirements, you may wish to instruct a lawyer to draft your NDIS-appropriate Services Agreement. This will ensure you comply with the regulations and Code of Conduct.
Key Takeaways
In many ways, a Services Agreement under the NDIS will look and function the same as many other kinds of contracts. However, the people using your services have unique needs, and you must be ready to adapt to and accommodate them.
If you need help protecting your business and ensuring you are abiding by the laws and regulations applicable to the NDIS, our experienced NDIS 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.e.
Frequently Asked Questions
No, generally speaking, you do not need to be registered to provide services under the NDIS. However, there are many benefits to being registered as it can add to your reputation and help participants to trust your business.
The party that manages the NDIS plan of the participant will be the party that you invoice to get paid for your services. This may mean you invoice the individual (self-managed), a plan manager (plan-managed) or the NDIA directly (agency-managed).
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