(referred to in this Agreement as "I" or "You"), a participant in the National Disability Insurance Scheme (NDIS), and is made between:

 

PARTICIPANT [OR PARTICIPANT’S REPRESENTATIVE]:  

 and

PROVIDER:  SELECTABILITY LIMITED

 

Website: www.selectability.com.au

4.1   This Service Agreement is made for the purpose of providing you supports under your NDIS plan.

4.2   A copy of your NDIS plan is attached to this Service Agreement under Schedule 1.

4.3   The parties agree that this Service Agreement is made in the context of the NDIS, which is a scheme that aims to:

a)     Support the independence, social and economic participation of people with disability, and

b)    Enable people with a disability to exercise choice and control in the pursuit of their goals and the planning and delivery of their supports.

5.1   As a provider of Services, SELECTABILITY agrees to provide you with services set out in clause 19 (Schedule of Supports), and such other Services as are agreed from time to time, in accordance with the terms of this agreement.

 5.2   The supports and their prices are set out in clause 19 (Schedule of Supports). All prices are GST inclusive (if applicable) and include the cost of providing the supports.

 5.3   Additional expenses (i.e. items or services that are not included as part of your NDIS supports) are your responsibility and are not included in clause 19 (Schedule of Supports). Examples include entrance fees, event tickets, mealtime resources etc.

 5.4   SELECTABILITY may charge you directly for any supports availed in addition to supports set out in clause 19 (Schedule of Supports) such as transport where not directly funded by NDIS. Costs for these supports will be invoiced to you directly.  

 5.5   SELECTABILITY may charge for additional resources where they have been administrated for you. This will be charged at cost of resource or fifteen minute blocks.

 5.6   SELECTABILITY agrees to deliver services to you at the location/s as outlined in clause 3 of this agreement.

 5.7   SELECTABILITY benchmarks its prices against the NDIS Pricing Arrangements and Price Limits. The services and prices in the schedule of supports are subject to the NDIS terms of business and most recent Pricing Arrangements and Price Limits. Where the Temporary Transformation Payment (TTP) is available, selectability will benchmark their pricing from this line item.

 5.8   SELECTABILITY will charge for all associated transport including activity based transport. Where transport funding is not available we will utilise associated transport activity lines.

 5.8.1  SELECTABILITY apply travel cost from appropriate budget for employees travel time traveling to and from consumer.   

 It should be noted this applies strongly to consumers in Remote and Very Remote locations.

5.9   Please refer to current NDIS Pricing Arrangements and Price Limits.         https://www.ndis.gov.au/providers/price-guides-and-pricing 

5.10   SELECTABILITY follow all updates and changes as outlined by the NDIS, consumers are to ensure they keep themselves up to date.  https://www.ndis.gov.au 

 

6.1   SELECTABILITY agrees to:

(a)  provide you with support as outlined in clause 19 (Schedule of Supports) which is in line with your NDIS Plan (Schedule 1).

 (b)  once agreed, provide supports that meet your needs at a time agreed upon that is suitable for both you and SELECTABILITY.

 (c)   regularly review the effectiveness of the Service.

 (d)  work with you to provide supports that fit your needs and at your preferred times.

 (e)  treat you with courtesy and respect.

 (f)    consult you on decisions about how your supports are provided.

 (g)   give you information about managing any complaints or disagreements and details of the SELECTABILITY cancellation policy.

 (h)  listen to your feedback and endeavour to resolve problems quickly.

 (i)   provide continuity and consistency in its service delivery and simultaneously remain flexible in our ability to meet your individual needs. Where SELECTABILITY for any reason is unable to provide a Service on a single occasion or for a specified short term, SELECTABILITY will endeavour to negotiate a suitable alternative service option with you. On these occasions SELECTABILITY will attempt to notify you via your preferred method of contact as outlined in clause 3.

 (j)    give you the required notice if SELECTABILITY needs to end the Service Agreement.

 (k)   protect your privacy and confidential information.

 (l)    provide 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.

 (m) maintain an adequate level of insurance, including public liability insurance, professional indemnity insurance, and workers compensation insurance when employing workers. All insurance will be taken out with an insurer recognised by the Australian Prudential Regulation Authority.

 (n)  ensure, as reasonably practicable, the health, safety and wellbeing of its Consumers, workers and contractors whilst in the workplace or at any location where services are delivered.

7.1   You, or your representative if applicable, agree to:

 (a)   Provide SELECTABILITY with a copy of your NDIS plan which will form part of this Service Agreement.

 (b)   Work with SELECTABILITY to ensure that the services delivered meet your needs.

 (c)   Treat all SELECTABILITY staff with courtesy and respect.

 (d)   Talk to SELECTABILITY if there are any concerns about the support being provided.

 (e)   Provide SELECTABILITY with no less than 7 days’ notice, as per NDIS guidelines, if any scheduled support is not required, and if the notice is not provided, the SELECTABILITY cancellation policy (Clause 17) will apply and you will be charged for the shift.

 (f)   Give SELECTABILITY the required notice (clause 11) if you need to end the Service Agreement.

 (g)   Immediately notify SELECTABILITY if your NDIS Plan is replaced by a new plan or you stop being a participant in the NDIS.

 (h)   Pay SELECTABILITY directly for any expenses outlined in clause 19 (Schedule of Supports) including transport expenses incurred as part of support services provided.

 (i)   Pay for any kilometres or transport that has been received or requested following receipt of an invoice if transport is not covered by your NDIS plan or if you self-manage your NDIS transport funding.

 (j)   Pay any invoice for services delivered that cannot be claimed or drawn from your NDIS plan or budget. 

 (k)   If Clubhouse Membership applies to you, the Membership Responsibilities Guide will also be enforced.

 (l)   As a consumer of Short and Medium Term Accommdation, you will be responsabile for any damages you cause to the property and/or furnishings

8.1  SELECTABILITY will seek payment for the provision of Service/s after you or your representative confirms satisfactory delivery.

8.2  For self-managed participants:

You have chosen to self-manage the funding for NDIS supports provided under this Service Agreement. After providing those supports, SELECTABILITY will send you an invoice for services provided for you to pay. You will pay the invoice by Electronic Funds Transfer (EFT) within 7 business days.

8.3 For participants with a plan manager:

Your Nominee manages the funding for supports provided under this Service Agreement. After providing those supports, SELECTABILITY will send your Nominee an invoice to pay for those supports. Your Nominee will pay the invoice by EFT within 7 business days of NDIA claim approval.

8.4  For participants where funding is managed by the National Disability Insurance Agency (NDIA)

You have nominated the NDIA to manage the funding for supports provided under this Service Agreement. After providing those supports, SELECTABILITY will claim payment for those supports from the NDIA.

For the purposes of GST legislation, the Parties confirm that:

 a)   Most Services delivered under the NDIS are GST exempt due to section 38-38 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth),

 b)   Where GST is applicable to any Services delivered the quoted price includes GST and this will be indicated on the tax invoice,

 c)   The participant’s NDIS plan is expected to remain in effect during the period the supports are provided, and

 d)   The participant or their representative will immediately notify SELECTABILITY if their NDIS Plan is replaced by a new plan or the participant stops being a participant in the NDIS.

 

10.1  If changes to the supports or their delivery are required, the parties agree to discuss and review this Service Agreement.

10.2  The parties agree that any change to this Service Agreement will be in writing, a revised Schedule 1 prepared, signed and dated by each party.

10.3  SELECTABILITY benchmarks its prices against the NDIA price guide.  The services and prices in the schedule of supports are subject to the NDIA terms of business and price guide.  Prices in the schedule of supports will be charged at the rate reflected in the most up to date pricing schedule issued by the NDIA.

11.1  Either party may choose to terminate this agreement before the expiration of this agreement by giving a minimum of 14 days written notice (email or letter) to the other party.

11.2  If either party seriously breaches this Service Agreement the required notice will be waived.

1.1  Despite any other provision of this agreement, and to the maximum extent permitted by law:

 (a)  SELECTABILITY’s total liability under or in any way connected with this agreement or the provision of the Services is limited to the amount paid or payable in relation to the relevant service; and

 (b)  This limitation and exclusion of liability applies where any claim is made under statute, for negligence, under contract, in equity or otherwise.

SELECTABILTIY manages day to day interruptions to service delivery such as support worker absences by:

Accessing a pool of support staff with skills matched to your personal needs and preferences

• making sure that your support plans are clearly written and understood by support staff
• where possible, providing a support staff who has worked with you previously
• advising you about a worker absence and agreeing with you a replacement.

At all times during an emergency or a disaster primary organisational goals will be: 

• the safety and wellbeing of its employees and consumers
• providing continuity of support to its consumers
• working towards a safe and efficient return to full operations.

In extreme emergencies or disasters that affect multiple staff members SELECTABILITY may need to make adjustments to services provided.

SELECTABILITY will always comply with directives from relevant agencies such as the Department of Health, Government Departments and other Agencies, Police and Emergency Services when delivering services during an emergency or disaster.

We will contact consumers to discuss the informal supports (partner, siblings, family, friends) that they have available. Essential services include:

a)       some in home supports and personal care

b)       supported living/residential care

c)       supports to at risk participants Non-essential service

Despite any other provision of this agreement, SELECTABILITY is not obliged to provide Services to the extent it is delayed or prevented from providing the Services due to an event or circumstance beyond reasonable control or where government funding is insufficient to support the provision of the Services or its Services more broadly.

SELECTABILITY is not obliged to provide a particular staff member to provide your services. SELECTABILITY will always endeavour to have requested staff available, but this cannot be guaranteed.

 

14.1  In order to provide Services to you, SELECTABILITY will need to collect and handle your personal information. For example, SELECTABILITY will collect the personal information that you provide in this agreement and other personal information that you provide to SELECTABILITY from time to time in connection with the Services.

14.2  By providing your personal information to SELECTABILITY you consent to SELECTABILITY’s collection, use and disclosure of that personal information for the purpose of SELECTABILITY providing the services to you, and for other related purposes in accordance with SELECTABILITY’s Privacy Statement (which can be accessed on the SELECTABILITY website http://www.selectability.com.au ).

14.3  Your information may be provided to an external agency, without permission, in the event of an emergency.

14.4  If you wish to know more about how SELECTABILITY collects, stores, uses and discloses your personal information; about how to gain access to, or correct your personal information, or make a complaint about a breach of the Privacy Act 1988 (Cth) or the Australian Privacy Principles, please refer to the SELECTABILITY Privacy Statement.

15.1  SELECTABILITY encourages consumers and their representative to raise any feedback, complaints and incidents they may have about the services. SELECTABILITY is committed to resolving complaint fairly, equitably and quickly as possible, following the guidelines of procedural fairness. All complaints and incidents are managed in accordance with our complaint and incident management policies and NDIS reporting requirements. SELECTABILITY welcomes all feedback as an opportunity for improvement.

15.2  SELECTABILITY has policies and procedures in place for managing individual feedback including compliments, suggestions for improvement to services and complaints; further information is available on the SELECTABILITY website (http://www.selectability.com.au).

16.1  The laws of Queensland apply to this agreement.

selectability require 7 days’ notice when cancelling or rescheduling a service booking without charge.

A shift that is cancelled, or unused by the Participant without 7 days’ notice will be charged at the cancellation rate as deemed by benchmark pricing of the NDIS.

A shortened shift occurs when a shift has commenced, and during the shift you request to end the shift earlier than the time the support has been booked for.  A full service fee will apply for the shift.

 

 

Signed for on behalf of selectability limited

selectability recognises that people’s priorities will change throughout the life of their NDIS plan.  Adjustment and changes to supports and shifts are available within the overall budget.  Under the NDIA use of your core budget is flexible.  For example, if you select services on a weekend or public holiday that is not budgeted below this will affect the overall annual usage and budget. 

Should your Schedule of Supports contain a Clubhouse Membership, please refer to and abide by the attached “Clubhouse Membership Fact Sheet & Price Guide”.

selectability benchmark all pricing directly as stipulated within the current NDIS priceguide.  For the most up to date pricing, please refer to the NDIS price guide 

NDIA Price Guide & Support Catalogue

**All funding remains flexible with the 'Core Supports' category should the participant require or request changes verbally or in writing