Services Agreements and the NDIS

Information Kit

Find out more about Services Agreements and the NDIS in Western Australia, from our factsheets, videos and online legal information course for disability related legal matters.

Service Agreements

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

The NDIS 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.

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.

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.

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

Making a Service Agreement

When you say yes to using your NDIS money to pay for help, you and the person who helps you make a deal together. This deal is called a service agreement. It is covered by a law in Australia that protects people who buy things or get services.

It’s a good idea to write down what you and the person who helps you have agreed to in a service agreement. This makes it clear what you both said you would do. For example, what help you need and how they will help you.
 
You can ask someone you trust, like a family member or friend, to help you make a service agreement. You can use a service agreement that the person who helps you has used before, or you can make your own.
 
The person who helps you should explain things to you in a way you can understand. They should use words and ways of talking that make sense to you.
 
If you need help finding a place to live because of your disability, you must have a written service agreement in place. But for other kinds of help, you don’t need a written service agreement.
 
Sometimes, the people who check that things are going well with the NDIS might look at the service agreement to make sure that everyone is doing what they agreed to do.

When you talk with the person who helps you, you should know what kind of help you need, how much it will cost, and who will do what. This is called negotiating a service agreement.
 
You should also know:

  • What the person who helps you will do for you
  • How much it will cost
  • What you have to do
  • How long the agreement will last
  • How you can change the agreement if you need to
  • What you can do if you don’t agree with something in the agreement

You can use resources like “Things to think about when making a service agreement” and “Making a Service Agreement: Things to think about – Easy Read” to help you think about what you want to include in the agreement.

You can find more information about using service agreements, or you can contact the NDIS.

Other information is also available from these organisations:

NDIS Quality and Safeguards Commission

The group that makes sure that the people who help you follow the rules is called the NDIS Quality and Safeguards Commission (NDIS Commission). They make sure that the people who help you are doing a good job.

You can find out more about service agreements on the NDIS Quality and Safeguards Commission website.

The Australian Competition and Consumer Commission

The Australian Competition and Consumer Commission (ACCC) has information to help you understand how contracts work and what your rights are as a consumer with a disability. They can help you understand how to make sure that you get what you pay for.

You can find more information about your rights under Australian Consumer Law on the ACCC website.

Australian Taxation Office (ATO)

Some of the supports that you get from the NDIS don’t have GST (Goods and Services Tax) added to the price. This means they are GST-free. However, not all NDIS supports are GST-free.

You can find more information about which NDIS supports are GST-free and how GST works with the NDIS on the Australian Taxation Office (ATO) website.

Original source.

Services Agreements and the NDIS | Auslan

Services Agreements and the NDIS | Animation

Service Agreements | Article

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.

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Our Information Kits have been made possible by research funded by the Department of Communities, Disability Justice Advocacy Project and the development of accessible resources funded by the Department of Social Services, National Disability Advocacy Program. 

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