Providers need to make sure that participants understand the terms of their service agreement. They should communicate in a way that the participant can understand.
It’s a good idea to have a written service agreement between the participant and provider. This helps to avoid any misunderstandings about what support will be provided and how it will be delivered.
Participants and providers need to discuss and agree on the terms of the service agreement. Participants can involve a family member or friend if they want.
For Specialist Disability Accommodation, there must be a written service agreement. For other NDIS services, it’s not required to have a written agreement.
These documents provide guidance on important factors to consider when creating a service agreement between a participant and a service provider:
Things to think about when making a service agreement (PDF 182KB)
Making a Service Agreement: Things to think about – Easy Read (PDF 4MB)
Provider Obligations
NDIS obligations
The NDIA does not directly participate in service agreements between participants and providers. However, it will intervene if the terms of the agreement are not in line with the NDIS Act 2013 and NDIS Pricing Arrangements and Price Limits.
NDIS Quality and Safeguards Commission
The NDIS Quality and Safeguards Commission (NDIS Commission) is in charge of making sure that providers follow the rules in all parts of Australia. You can find more information about service agreements and the laws that apply to them on the NDIS Quality and Safeguards Commission website.
ATO
The NDIS provides some supports to participants that are not subject to the Goods and Services Tax (GST), but not all supports are exempt from GST. You can visit the Australian Taxation Office website to learn more about the NDIS and GST.
If providers need help complying with tax laws, they should seek advice from a qualified legal or financial professional.
Other
A service agreement between a service provider and a participant is just like any other agreement that falls under Australian Consumer Law. The Australian Competition and Consumer Commission provides information that can help businesses and not-for-profit organisations that provide goods or services to consumers with disabilities or NDIS participants.
Original source: https://www.ndis.gov.au/participants/working-providers/making-service-agreement
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