An NDIS service agreement is required if you are providing specialist disability accommodation under the NDIS rules. Service agreements provide security and clarity for both providers and participants. A service agreement is a legal contract between the provider and the participant arising when a participant uses their NDIS budget to pay for support. The contract should aim to benefit both parties and highlight all the different scenarios related to providing the necessary support based on a participant’s NDIS plan.
Simplicity
The key goal with drafting an NDIS service agreement is keeping it simple, using the language and terms that the participant is most likely to understand. Ensuring the required details from NDIS are included within your service agreement is important, but making a service agreement more complicated than it needs to be can undermine the participants’ trust with your service. It is better to start simple and build upon your agreements rather than fill them with unnecessary jargon which may service to confuse participants.
What support is being provided?
The agreement should include a concise explanation of what supports are being provided under the agreement. Outlining how the support will be provided, when and where the support will be provided and the start and end date of the contract. The service agreement should always include the participants and providers personal information and contact details in order to identify who the contract is between.
Pricing
The price of the support should be included in the service agreement to. The fees should include any costs for material or products that are required and the cost of travel for the provider if they are coming to you. Note the costs must be consistent with NDIS pricing guidelines. GST does not need to be mentioned in your agreement because most services offered by the NDIS providers are GST free. However, if the support you are offering is not GST inclusive that should be stated.
Additional important terms to include
Other terms to include that are recommended to be included in your service agreement:
- start and end dates of contract;
- what the responsibilities of each party are;
- terms on how to rectify or cancel the agreement in case something goes wrong or a few details need to be added/changed/removed;
- the cancellation policy;
- information on how to deliver feedback for the services provided;
- various signature boxes to close the deal; and
- dispute process if conflict arises.
If you need assistance with an NDIS service agreement, then get in touch with us via the form on this page, or calling us on 1300 337 997.
Phil is a director at OpenLegal. He has over 16 years experience working in private practice and in-house counsel in Sydney and London, giving him expertise in employment law, IP, finance, leases, dispute resolution, insurance and contracts.
Raymond is a legal intern at OpenLegal, working with our legal content team. He is currently a penultimate student at the University of Technology Sydney, studying a Juris Doctor degree with an undergraduate Bachelor of Global Studies. He is particularly interested in Intellectual Property law and the increasing internationalisation of that area of business.
