Purpose of this agreement
The purpose of this agreement is to document a personalized support arrangement between the client above and Infinity Care. Infinity Care agrees to provide the services or support outlined in this Individual Service Agreement. Any changes to the services and/or support listed in this agreement will require prior authorization from all parties.
NOTE: A Service Agreement is between a participant and Infinity Care or a participant’s representative and Infinity Care. A participant’s representative is someone close to the participant, such as a family member or friend or someone who manages the funding for supports under a participant’s NDIS plan.
The NDIS and this Service Agreement
This Service Agreement is made for the purpose of providing support under the participant's National Disability Insurance Scheme (NDIS) plan.
The parties agree that this service agreement is made in the context of the NDIS, which is a scheme that aims to:
- Support the independence and social and economic participation of people with disability, and
- Enable people with a disability to exercise choice and control in the pursuit of their goals and the planning and delivery of their supports.
Provision of Services
- Prior to entering into this agreement, the client must provide Infinity Care with all the relevant information concerning the Participant’s medical & care needs. The client warrants that the information provided to Infinity Care in relation to their medical and care needs is true, complete & correct and they have disclosed all material information relevant to their needs
- Based on the information provided by the client to Infinity Care and an initial assessment undertaken by the Infinity care manager during this agreement, the parties have together determined the level of care and the services that are initially required by the client.
- Infinity Care will provide the services at the site from the commencing date, in accordance with this Agreement.
- Infinity Care personnel satisfying the personal requirement set out in the agreement details will perform the services. If such personnel become unavailable to provide the services for any reason, Infinity care will apply its reasonable endeavours to provide the series using personnel of comparable expertise, to be agreed upon by the parties.
- Infinity Care will perform the services with a high standard of care and diligence and in accordance with all applicable laws and regulations.
- The services will be reviewed on request by the client, to assess the medical and care needs. Infinity Service Coordinator may identify, as a result of such assessment, that additional services or higher care package levels are required to be provided to the client to maintain the client’s health & safety. If the client does not accept or allow Infinity Care or alternative care to provide such additional services, the client undertakes such actions at their own risk &
- Infinity Care will not be liable for a loss or damage suffered by the client as a result of the client's refusal to accept the additional recommended services.
Infinity Care will maintain all necessary and prudent insurance and insurance required by the law, in relation to this provision of its services.
Daily Personal Activities to participants who live alone
The NDIS Commission have imposed additional conditions to ensure participants who live alone receive quality and safe personal supports. The Commission also wants to make sure providers:
- consider risks participants may face at home
- check the quality of supports being provided; and
- ask if participants are happy with their supports
Infinity Care will put in place measures to keep participants safe if they choose to receive personal supports from a sole support worker. Infinity Care will assess if participants face any risks in their home. We will do additional risk assessment before allowing a sole support worker to deliver a personal support. Infinity Care will work with you to assess risk factors, which include:
- You are not receiving, from any other NDIS provider, supports or services that involve regular, face-to-face contact with the participant.
- One or more of the following applies to you:
- The participant or the participant’s plan indicates that the participant has limited or no regular, face-to-face contact with relatives, friends or other people with whom the participant is well-acquainted.
- Without the assistance of another person the participant has limited or no physical mobility.
- The participant uses equipment to enable them to be physically mobile or to facilitate their physical mobility.
- Without the assistance of another person the participant has limited or no ability to communicate with others.
- The participant uses equipment to enable or facilitate communication with others, including to enable or facilitate the use of a phone or other device.
The service agreement between Infinity Care and the participant will take into account the participant’s risk factors and will specify:
- the rights and obligations of the participant and Infinity Care respectively, under the agreement;
- the means by which the participant’s support worker will be selected, including the participant’s role in the selection;
- a procedure that will be used to review of implementation of the agreement, which must include someone other than the support worker checking directly with the participant, and with appropriate frequency, the participant’s level of satisfaction with the type, quality and frequency of personal support being provided;
- the means by which Infinity Care will supervise and monitor the performance of the support worker to ensure the performance is consistent with the agreement and the participant’s safety and well-being, which must include (as far as practicable) visits by a supervisor to the participant’s home, at a specified and appropriate frequency, to undertake in-person supervision of the support worker;
- the means by which Infinity Care will communicate with the participant, which must include (as far as practicable) face-to-face communication with the participant in the participant’s home at an appropriate frequency;
- the means by which Infinity Care will engage with other providers who may be involved in providing supports or services to the participant in the participant’s home or in supporting the participant to access community-based activities.
If any risk factor has been identified as existing in relation to the participant Infinity Care will ensure that:
- There is a documented plan for supervision of the participant’s support worker that is appropriate having regard to the participant’s risk factors and the plan is implemented;
- All of Infinity Care’s key personnel receive regular reports in relation to the care and skill with which personal support is being provided to the participant by the support worker, with the regularity of the reports being appropriate having regard to the participant’s risk factors; and
- Infinity Care takes appropriate action without any unreasonable delay, to address any concerns identified in those reports.
- Infinity Care must keep an up-to-date record of all participants to whom Infinity Care allows personal support to be provided by a sole support worker.
Responsibilities of Infinity Care
Infinity Care agrees to the following while administering the services as per the service agreement;
- Review the provision of supports as requested by client/deemed necessary by Infinity Care personnel or as scheduled at the commencement of new NDIS plan with the client.
- Once agreed, provide supports that meet the participant's needs at the participant's preferred times.
- Communicate openly and honestly in a timely manner.
- Treat the client with courtesy and respect.
- Consult the Client on decisions about how the supports are delivered.
- Give the Client information about managing any complaints or disagreements and details of the provider's cancellation policy.
- Listen to the participant's feedback and resolve problems quickly.
- Give the participant a minimum of 24 hours' notice if Infinity Care has to change a scheduled appointment to provide supports.
- Give the Client the required notice if the provider needs to end the service agreement (see 'ending this Service Agreement' below for more information).
- Protect the participant's privacy and confidential information.
- 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 the participant, and
- Issue regular invoices and statements of the supports delivered to the participant.
- Infinity Care affirm that supports will never be withdrawn or denied based on a participant’s personal choices, dignity of risk decisions, cultural values, beliefs, or race. We will uphold the rights of all participants to live with dignity, make their own informed choices, and be treated with fairness, respect, and equality at all times even when those choices may involve a level of risk.
Rights & Responsibilities of Client & Representative
Whilst accessing the services outlined in this agreement, the client & the client's representative;
- Have the right to privacy and confidentiality and in keeping with the Health Records Act 2001, to request access to any health information kept by Infinity Care
- Have the right to request services in accordance with the support plan, provided the request is also in accordance with all applicable legislation.
- Have the right to nominate, in writing, an advocate or guardian, who will act in the best interests of the client and accept the responsibilities imposed under this agreement.
- Have the right to be treated with dignity and respect and to have choices and aspirations supported as far as is reasonably possible
- Have the right Contribute to the development of their care plan and be provided with a written copy of the care plan outlining the services that are to be delivered by Infinity Care
- Have the right to know about advocacy and community groups and services.
- Have the right to freely file a complaint, grievance, or appeal, learn how to do so; and have access to an external independent grievance mechanism.
- Have the right to access to an interpreter when required; or a bilingual care worker
- Have the right to have an advocate present for all contact with Infinity Care and for any other purpose when they require it
- Whilst the client is receiving the services outlined in the service agreement, they will agree to the following responsibilities;
- Inform Infinity Care about how they wish the supports to be delivered to meet the Participant's needs.
- Treat the provider with courtesy and respect.
- Talk to Infinity Care if the participant has any concerns about the supports being provided.
- Refrain from smoking in the presence of Infinity Care Support Workers.
Provide Infinity with the information needed, in order to provide the best possible care.
- Help develop and follow the agreed-upon care plan for their care, including the agreed-upon medication plan.
- Let Infinity Care know when the care plan no longer works for you.
- Advise Infinity Care about any changes needed for their care plan, including medication changes, and provide any necessary information as required.
- Openly report concerns about the quality of care.
- Keep Infinity Care advised of all relevant and pertinent information relating to the care we are providing and let Infinity know about any changes to their contact information (name, address, phone, etc.)
- Take responsibility for the outcomes of any decisions they make.
- Provide required cleaning products and equipment for domestic assistance services.
- Keep your scheduled service time. If you need to cancel or change a service, please contact Infinity Care's office as soon as possible to avoid any Short notice/No-show cancellation charges.
- Let Infinity Care know immediately if the participant’s NDIS plan is suspended or replaced by a new NDIS plan, or the participant stops being a participant in the NDIS
- Give Infinity Care the required notice if the Client needs to end the service agreement (see 'Ending this Service Agreement' below for more information), and
- Let Infinity Care know immediately if the Client's NDIS plan is suspended or replaced by a new NDIS plan or the participant stops being a participant in the NDIS.
Fees and Payments
- Infinity Care will seek payment for their provision of supports after the Client or if applicable client's representative confirms satisfactory delivery.
- If the funding for any of the supports provided under this Service Agreement is self-managed Infinity Care will send an invoice after the services are provided. The client must pay the invoice by EFT within 14 days.
- If the funding for any of the supports provided under this Service Agreement is managed by the client's representative or by an NDIS registered plan manager, Infinity Care will send an invoice to the client's representative/plan manager after the services are provided which must be paid by EFT within 14 days.
- If the funding for any of the supports provided under this Service Agreement is managed by the NDIA, Infinity Care will request NDIA for the payment after the services are provided.
Changes to this Service Agreement
If changes to the supports or their delivery are required, the parties agree to discuss and review this Service Agreement. The parties agree that any changes to this Service Agreement can be agreed verbally or via email or in writing and acknowledge by all parties.
Ending this Service Agreement
This agreement commences on the service start date as specified in section 4 of this agreement and shall be perpetual, subject to the provisions of this Agreement unless terminated earlier by either party.
Should either party wish to end this service agreement they must provide 2 weeks' written notice, subject to payments of all outstanding fees for services already supplied as of the notice date.
This service agreement will terminate immediately in the event of the death of the client and for the avoidance of doubt; the client's estate will remain responsible for paying the outstanding fee.
Feedback, complaints, and disputes
If the Client wishes to provide feedback to Infinity Care, the Client can talk to;
Nir Gaire
Executive Manager
Ph: 02 8033 4582
M: 0424 847 867
Address: Level 2, 684 Princes Highway Kogarah NSW 2217
E-mail: admin@infinitycare.com.au
If the Client is not satisfied or does not want to talk to this person, the participant can contact the National Disability Insurance Agency by calling 1800 800 110, visiting one of their offices in person, or visiting www.ndis.gov.au for further information.
Goods and services tax (GST)
For the purposes of GST legislation, the parties confirm that:
- A supply of supports under this service agreement is a supply of one or more of the reasonable and necessary supports specified in the statement included, under subsection 33(2) of the National Disability Insurance Scheme ACT 2013 (NDIS Act), in the participant's NDIS plan currently in effect under section 37 of the NDIS Act;
- The participant's NDIS plan is expected to remain in effect during the period the supports are provided; and
- The Client & the Client's representative will immediately notify the provider if the participant's NDIS Plan is replaced by a new plan or the participant stops being a participant in the NDIS.
Cancellation, Public Holidays, After-Hours Support and Schedule Changes
Public Holidays
Your services will proceed as normal on Public Holidays unless you have advised us that you do not wish to take support during Public Holidays in advance. If you would like to cancel a scheduled public holiday service, please call our office as soon as possible to avoid any Short notice/No-show cancellation charges.
Infinity Care amends short Notice Cancellation and No Show policies from time to time in compliance with NDIS pricing arrangements. Please refer to your NDIS Agreement for the notice period required that is applicable to you. We will explain this to you before you accept our Service Agreement.
Please note that Public Holidays supports have relatively higher rates to account for staff penalty rates. The schedule of fees provided in your NDIS service agreement will include information about the costs per hour of each type of support.
After-Hours Support
Our after-hours support is in place to provide immediate and emergency assistance to pre-scheduled services during that time. Please contact us during business hours of 9 AM-5 PM Monday to Friday for concerns, queries, and new service requests.
Schedule Changes, Short Notice Cancellations, and No Shows
We understand that there may be occasions where you will need to make changes to the scheduled time of your services, such as holidays and doctor’s appointments. Your Support Worker will have a busy schedule, so we request that you let us know of these changes at least 48 hours in advance. Any service changes requested within 48 hours of the scheduled time of service may incur a fee according to our cancellation policy.
Should you need to cancel a service, for any reason, we ask that you give us as much notice as possible.
Short Notice Cancellations
A cancellation is a short-notice cancellation (or no-show) if you;
Do not show up for scheduled support within a reasonable time, or are not present at the agreed place and within a reasonable time when the support worker is traveling to deliver the support; or
Have given less than seven (7) clear days’ notice for support.
Where you have a Short Notice Cancellation (or no-show), Infinity Care is able to claim the agreed fee associated with the activity from your plan, subject to the NDIS Pricing Arrangements and Price Limits and the terms of the service agreement with you. Please refer to your NDIS Agreement for our cancellation policy and the notice periods that apply to you.
On rare occasions Infinity Care may need to reschedule your service due to unforeseen circumstances, if this happens we will inform you as soon as possible and will endeavour to arrange an alternative time for your service.