NDIS service agreement for sole trader support workers – SAMPLE

This sample service agreement has been created as a guide only. 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 support. It outlines roles, responsibilities, agreed prices, terms, and conditions upfront so everyone is clear. A service agreement can also be amended at any time (if agreed to by both parties) to reflect changes.

An NDIS participant is not obliged to enter into a written service agreement with you. If they choose not to, it is up to you to determine whether you feel comfortable providing services without one. It can be very difficult to resolve disputes and recoup bad debit without a signed service agreement in place. There may also be tax implications for your business if you do not have a signed service agreement with each 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 wanting to hire you.

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. Having important agreements clearly defined in writing 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 / Your Authorised Participant Representative:
Me:

Important information about the Parties in this Service Agreement

Your NDIS number:
Your NDIS plan start date and end date:
Your funding management type: Plan-managed / Self-managed
Payer name and contact phone number:
Where to email invoices:
Your date of birth:
Your address:
Your preferred phone/mobile number:
Your email address:
Your preferred contact method:
Your preferred contact person (if not You):
Your preferred language/communication:
Your emergency contact person:
Your emergency contact person’s contact number:
Agreement start date and end date:
Agreement review date(s):

Note: Additional information will be collected during onboarding so I can provide quality and safe services to you. 

My quality and safety commitment to You

It is My responsibility to:

  • clearly explain this Service Agreement to You, answer any questions, and make reasonable amendments before signing
  • accurately and transparently quote and price My services to You
  • maintain a valid National Police Check, or hold 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,
  • complete the NDIS Worker Orientation Module before working with You
  • complete the Infection Control (COVID-19) Training before 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 to protect Me 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
  • obtain from You a signed Consent to Share Form and explain Your rights under the Privacy Act 1988 when obtaining consent
  • manage private information securely and in accordance with the Law
  • have an effective Feedback and Complaints handling system, and explain this to You
  • have an effective Incident management system, including for Reportable Incidents, and explain this to You
  • be knowledgeable about Restrictive Practice and My responsibilities to You under Human Rights Law and the NDIS Act 2013
  • have and maintain relevant Processes, Policies, and Procedures that enable quality and safe service delivery
  • maintain relevant Qualifications, Skills and/or Training where this is deemed best practice, mandated by Law, desired by You, and/or required by My insurance provider
  • participate in regular Professional Supervision to maintain safe and high-quality service provision 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 cost of My services provided to You is 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 the responsibility of the relevant Party unless agreed to prior by both Parties.

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 maximum notice if My service must be changed or cancelled by Me
  • give You the required notice if this Service Agreement needs to end or be amended
  • 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
  • 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
  • provide Me with all relevant and necessary information to be able to deliver quality and safe services to You
  • treat Me with courtesy and respect
  • talk to me if You have any concerns about the supports being provided
  • give Me the required notice if You need to cancel or amend a service booked
  • 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 / Your Authourised Representative 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 You wish to dispute 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 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 through a new Service Agreement.

Should either Party wish to end this Service Agreement, 2 weeks (14 days) notice should be given in writing to the other Party. If either Party seriously breaches this Service Agreement, notice is waived.

Providing 2 weeks notice does NOT mean undelivered services are payable by You. You still have the right to cancel services during the notice period in accordance with My cancellation policy below.

Cancellation policy

If You need to cancel a scheduled service, You must provide Me with 24 hours (1 full business day) notice prior to the commencement time of the scheduled service. You can provide notice verbally by phone or in writing via email or text message.

If You cancel a scheduled service after this time, it is My right to charge the short notice cancellation fee. My short notice cancellation fee is 100% of the scheduled service, to a maximum of 5 hours.

My service can only charge cancellation when alternative work can not be secured to replace Your scheduled service. Where My cancellation fee is charged to You, You have the right to request My service perform relevant and reasonable non-face-to-face tasks instead.

For the purpose of this agreement, My business hours are Monday to Friday, 8.30am to 5pm (excluding Public Holidays and notified period of leave).

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

Your name:

You or Authorised Participant Representative

 Signature: Date:
My name: Signature: Date:

 

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 Charge rates for My services
Example only

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_013_0107_1_1 (Saturday)

01_014_0107_1_1 (Sunday)

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_105_0125_6_1 (Sat)

04_106_0125_6_1 (Sun)

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:

 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.

 Labour Rates:

Weekday day (6am to 8pm) – $55 / hour

Weekday evening (8pm to midnight) – $60 / hour

Active night (midnight to 6am) – $65 / hour

Inactive night (8 hour sleepover) – $180 flat rate

Saturday (all day) – $80 / hour

Sunday (all day) – $90 / per hour

Public Holiday (all day) – $100 / 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 in writing in advance. Non-labour costs include road tolls, parking, and public transport fares.