NDIS service agreement for sole trader support workers – SAMPLE
This sample service agreement has been created as a guide only. As a self employed support worker you should conduct your own research and create a service agreement that suits your business and service provisions.
A service agreement is an important safeguard to have in place with each person you are being paid to support. It outlines everyone’s role and responsibilities within the working relationship, as well and the agreed price, terms, and conditions. A service agreement creates clarity from the beginning, and can be amended at any time (if agreed to by both parties) to reflect changes within the working relationship.
An NDIS participant is not obliged to enter into a written service agreement with you. However, if they choose not to, it is up to you (as the business owner) to determine whether you feel comfortable providing paid supports and services without one. It can be very difficult to resolve disputes without an agreement in place. There may also be tax implications for your business if you do not enter into a service agreement with your participants. If a person you want to support feels uncomfortable entering into a service agreement, you can explore their fears and reservations with them to see if you can overcome this barrier. You may even decide to co-design a service agreement with the person.
Sample Service Agreement:
NDIS Service Agreement
What is a Service Agreement?
A Service Agreement defines Your rights and responsibilities as the NDIS Participant, and My rights and responsibilities as your Service Provider.
A Service Agreement also describes how You want Your services and supports to be arranged and delivered by Me.
Why is it a good to have a Service Agreement?
A Service Agreement defines in writing for both You and Me how we have agreed to work together. By having important agreements clearly defined in writing, this protects both You and Me.
Who is referred to in the Service Agreement?
Where this Service Agreement refers to:
You or Your, this means you as the NDIS Participant.
Me or My, this means me as Your Service provider.
Party or Parties, this means both You and Me.
Authorised Participant Representative, this means another person(s) who is authorised to make decision on Your behalf in relation to NDIS matters. For example, You may have a Plan Nominee.
Payer, this means the person or service provider who is responsible for paying My invoices for services provided to You.
Who are the Parties in this Service Agreement?
|You / Authorised Participant Representative:||Name and relationship (if not You)|
|Me:||Name and/or business name|
About You, Me and this Service Agreement
|Agreement start date and end date:||Start Date: ____/____/______ End Date: ____/____/______|
|Agreement review date(s):|
|Your NDIS #:||For invoicing purposes if necessary|
|Your date of birth:|
|Your phone/mobile number:|
|Your email address:|
|Your preferred contact method:|
|Your preferred contact person (if not You):|
|Your preferred language and communication style:|
|My mailing address (if applicable):|
|My phone/mobile number:|
|My email address:|
My quality and safety commitment to You
It is My responsibility to:
- quote and charge prices for My services that are inclusive of taxes, superannuation, leave provisions, continuing professional development expenses, and other general business administration and operating costs where applicable
- maintain an annual National Police Check, or have a current NDIS Worker Screening Clearance
- hold a valid Working With Children Check if You are under 18 years of age, or if My services are provided in an environment where people under the age of 18 years of age are present,
- successfully complete the NDIS Worker Orientation Module prior to working with You
- successfully complete the Infection Control (COVID-19) Training prior to working with You
- have adequate Insurance against claims of Professional Indemnity and Public Liability, and assess My own risk to determine if additional insurance is acquired by Me to protect against loss of income due to injury and/or illness
- have a current and valid Driving Licence, and provide a Demerit Points Check upon request, where My service includes transportation
- have a legally registered and well-maintained vehicle with Comprehensive Motor Vehicle Insurance, including for business use, where My service to You includes transportation
- acquire from You a signed Consent Form that reflects Your rights under the Privacy Act 1988
- have an effective process to manage Incidents including Reportable Incidents in accordance with the NDIS Act 2103
- maintain a thorough knowledge of Restrictive Practice and My responsibilities to You under Human Rights Law and the NDIS Act 2013
- have relevant policies, processes, and procedure to safeguard both You and Me
- maintain relevant Qualifications and/or Training to provide My services where this is deemed best practice, mandatory by law, desired by You, and/or required by My insurance provider
- participate in regular Professional Supervision to maintain safe and high quality services provisions to You
The values reflected in My commitment to You
My commitment is to:
- support Your independence, social and economic participation, and relationships with others in a way that is respectful and meaningful to You,
- uphold Your rights, including choice and control, and the right to live a life free from abuse, neglect, and exploitation.
The cost of My services provided to You
The costs of My services provided to You are written in the ‘Schedule of Supports’ located at the end of this Service Agreement.
These costs include any agreed expenses incurred by Me to provide Your service. Additional expenses not included in the Schedule of Support are Your responsibility.
All prices in the Schedule of Support include GST if this is applicable.
My responsibilities to You as an NDIS participant
- once agreed, provide supports that meet Your needs
- communicate with You openly, honestly, and in a timely manner
- treat You with courtesy and respect
- consult You on decisions about how Your services and supports are provided
- give You information about managing any complaints or disagreements
- provide You with details of the cancellation policy
- listen to Your feedback and resolve problems quickly
- give You a minimum of 24 hours’ notice if I must change a scheduled appointment to provide services and supports
- give You the required notice if I need to end or amend the Service Agreement
- protect Your privacy and confidential information in accordance with the Law
- provide services and 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 You, and
- where You are self or plan managed, issue regular invoices and statements of the supports delivered to You.
Your responsibilities to Me as a provider of NDIS funded services
- inform Me about how You wish the supports to be delivered to meet Your needs and goals
- treat Me with courtesy and respect
- talk to me if You have any concerns about the supports being provided
- give Me a minimum of 24 hours’ notice if You cannot make a scheduled appointment; and if the notice is not provided by then, I can charge a cancellation fee in accordance with My policy within the Service Agreement
- give Me the required notice if You need to end the Service Agreement, and
- let Me know immediately if Your NDIS plan is suspended or replaced by a new NDIS plan, Your funding runs out and You can no longer pay Me, or You stop being a participant in the NDIS.
Invoices and payments for My services provided to You
Invoices for My services are issued weekly. Payment of invoices is due within 7 days of the date of issue.
If the support category from which You choose to pay Me is:
- Self managed, then My invoices will be sent to You as the Payer,
- Plan managed, then My invoices will be sent to your nominated NDIS Registered Plan Management service as the Payer,
- NDIA (agency) managed, then My services can not be provided to You as My service is not an NDIS Registered Service Provider.
If You are not satisfied with any services provided by Me, and/or You wish to dispute an invoice or payment for My services, You agree to raise Your concerns with Me prior to Me providing any further paid services to You. It is My right to resolve all payment disputes before the risk of Me incurring a financial loss occurs.
If payment of Your invoice is overdue, My service has the right to cease providing service until all outstanding payments are made in full.
Reviewing, amending, and ending this Service Agreement
The purpose of reviewing this Service Agreement periodically is to ensure that it still works well for both Parties. Because circumstances change, this means sometimes a Service Agreement will need to change too.
If this Service Agreement and/or the Schedule of Support needs to be amended, both Parties will agree to all amendments before they are implemented. Where possible these amendments will be reflected in writing.
Should either Party wish to end this Service Agreement, 2 weeks (14 days) notice must be given in writing to the other Party. If either Party seriously breaches this Service Agreement the notice can be waived.
My cancellation policy
If You need to cancel a scheduled service, You need to provide Me with a minimum of 24 hours’ notice prior to the commencement of the scheduled service.
If You cancel after this time, it is My right to charge a cancellation fee. My cancellation fee is as follows:
- the full amount of the scheduled service up to a maximum of 6 hours where the service is charged at an hourly rate, or
- a maximum of 50% or $300 (whichever is the lesser) where the scheduled service is charged at a flat rate, and
- where My service is unable to work with another person to replace the hours scheduled to work with You, and
- any agreed expenses incurred by Me in preparing to provide My services to You e.g. the pre-purchase of tickets for an event.
Giving feedback and making a complaint
Your feedback is welcomed by Me. You are encouraged to share how You think My services provided to You can be improved.
If You don’t feel comfortable giving feedback or making a complaint directly with Me, You can contact another support person for advice and assistance. For example, you may seek support from an Advocate, your Support Coordinator, or your Local Area Coordinator.
If You are not happy with the outcome of the feedback or complaint, You can contact the National Disability Insurance Agency by calling 1800 800 110, visiting one of their offices in person, or visiting ndis.gov.au for further information.
If My conduct is in breach of the NDIS Code of Conduct, Your complaint can be raised with the NDIS Commission by:
- Phoning: 1800 035 544 (free call from landlines).
- Text Telephone (TTY): 133 677.
- National Relay Service: 1800 035 544.
- Completing a Compliant Contact Form via the website.
Schedule of Supports
You or Authorised Participant Representative
|Your NDIS support budgets, categories and items for invoicing My services to You (if required)
|Why You have engaged My services
|Agreed budget and schedule of service provision||Charge rates for My services|
|Core supports budget:
01_Assistance with Daily Life – Assistance with Self-Care:
01_011_0107_1_1 (Weekday day)
01_015_0107_1_1 (Weekday evening)
01_012_0107_1_1 (Public holiday)
04_Assistance with Social and Community Participation – Access Community, Social and Rec Activities:
04_104_0125_6_1 (Weekday day)
04_103_0125_6_1 (Weekday evening)
04_102_0125_6_1 (Public holiday)
04_590_0125_6_1 (Activity based transport)
04_799_0125_6_1 (Provider travel non-labour costs)
Capacity Building budget:
15_Improved Daily Living
15_037_0117_1_3 Individual Skill Development And Training Including Public Transport Training
|To work towards Your NDIS goal(s) of:
1) Build independent living skills.
2) Build and maintain relationships.
|Maximum agreed budget: $500 per week.
This budget needs to include Activity Based Transport and Provider Travel costs where applicable.
Times and days of service will be agreed to in advance by both Parties.
|Weekday (day) 9am to 8pm: $50 per hour
Weekday (evening) 8pm to 10pm: $56 per hour
Saturdays: $70 per hour
Sundays: $80 per hour
Public Holidays: $90 per hour
Provider Travel – Labour Costs is not charged by My service.
Using My vehicle for Activity Based Transport will be charged at $0.90 per km. This charge is applicable to 04_Assistance with Social and Community Participation only.
Provider Travel & Activity Based Transport – Non-Labour Costs incurred by Me when providing face-to-face services will be charged to Your invoice where agreed to in advance. Non-labour costs include road tolls, parking, and public transport fares.