WE ROCK THE SPECTRUM'S RESPONSIBILITIES
We Rock the Spectrum agrees to:
• review the provision of supports at least annually with the NDIS Participant
• once agreed, provide supports that meet the NDIS Participant’s needs at the NDIS Participant’s preferred times
• communicate openly and honestly in a timely manner
• treat the NDIS Participant with courtesy and respect
• consult the NDIS Participant on decisions about how supports are provided
• give the NDIS Participant information about managing any complaints or disagreements and details of We Rock the Spectrum’s cancellation policy
• listen to the NDIS Participant’s feedback and resolve problems quickly
• give the NDIS Participant a minimum of 24 Hours notice if We Rock the Spectrum needs to change a scheduled appointment to provide supports
• give the NDIS Participant the required notice if We Rock the Spectrum needs to end this Service Agreement(see ‘Ending this Service Agreement’ below for more information)
• protect the NDIS Participant’s privacy and confidential information
• provide supports in a manner consistent with all relevant laws, including the NDIS Act 2013 and Rules, and the Australian Consumer Law
• keep accurate records on the supports provided to the NDIS Participant and
• issue regular invoices and statements of the supports delivered to the NDIS Participant.
RESPONSIBILITIES OF THE NDIS PARTICIPANT / NDIS PARTICIPANT'S RESPRESENTATIVE
The NDIS Participant / NDIS Participant’s representative agrees to:
• inform We Rock the Spectrum about how they wish the supports to be delivered to meet the NDIS Participant’s needs
• treat We Rock the Spectrum workers with courtesy and respect
• talk to We Rock the Spectrum if the NDIS Participant has any concerns about the supports being provided
• give We Rock the Spectrum the minimum required notice if the NDIS Participant cannot make a scheduled appointment, noting that if the notice is not provided by then, We Rock the Spectrum’s cancellation policy will apply
(see ‘Cancellation Policy’)
• give We Rock the Spectrum the required notice if the NDIS Participant needs to end this Service Agreement (see ‘Ending this Service Agreement’ below for more information) and
• let We Rock the Spectrum know immediately if the NDIS Participant’s NDIS plan is suspended or replaced by a new NDIS plan, or the NDIS Participant stops being a participant in the NDIS.
PAYMENTS
We Rock the Spectrum will seek payment for their provision of supports after the supports have been delivered.
Invoicing will be determined by how the participant’s Funding with We Rock the Spectrum is managed.
SELF MANAGED:
When the NDIS Participant has chosen to self-manage the funding for NDIS supports provided under this Service Agreement, the following will take place. After providing those supports, We Rock the Spectrum will send the NDIS Participant an invoice for those supports for the NDIS Participant to pay. The NDIS Participant will pay the invoice by direct debit / cash / EFT within 7 Days.
SELF MANAGED PLAN NOMINEE
When the NDIS Participant’s Nominee manages the funding for supports provided under this Service Agreement, the following will take place. After providing those supports, We Rock the Spectrum will send the NDIS Participant’s Nominee an invoice for those supports for the NDIS Participant’s Nominee to pay. The NDIS Participant’s Nominee will pay the invoice by direct debit / cash / EFT within 7 Days.
NDIA (AGENCY) MANAGED
When the NDIS Participant has nominated the NDIA to manage the funding for supports provided under this Service Agreement, the following will take place. After providing those supports, We Rock the Spectrum will claim payment for those supports from the NDIA.
PLAN MANAGED
When NDIS Participant has nominated a Plan Management Provider (listed above if applicable) to manage the funding for NDIS supports provided under this Service Agreement, the following will take place. After providing those supports, We Rock the Spectrum will claim payment for those supports from the nominated Plan Management Company. The Participant/Participant’s Representative will be copied in to the invoice email.
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 will be in writing, signed and dated by the parties.
ENDING OF THIS SERVICE AGGREEMENT
Should either party wish to end this Service Agreement they must give 1 month’s notice. If either party seriously breaches this Service Agreement the requirement of notice will be waived.
FEEDBACK & COMPLAINTS
If the NDIS Participant (or any other person) wishes to give We Rock the Spectrum feedback or make a complaint, they can do so by:
· speaking directly with a We Rock the Spectrum staff member or giving a We Rock the Spectrum staff member a completed Feedback and Complaints Form found onsite or on We Rock the Spectrum’s website.
· emailing info@werockthespectrumprestonvic.com or
· phoning (03) 9042 3115
· writing to 378-380 Gilbert Rd, Preston VIC 3072 or
· filling in a Complaints form from We Rock the Spectrum’s Website and dropping it to We Rock the Spectrum
If the person does not want to make a complaint directly to We Rock the Spectrum, or they are not happy with how We Rock the Spectrum has responded to their complaint, they can complain to the NDIS Quality and Safeguards Commission (NDIS Commission).
Complaints to the NDIS Commission can be lodged:
· Phone: 1800 035 544
o Phone hours services are currently available Monday to Friday (excluding public holidays) between 9am – 5pm for all States and Territories (except for the Northern Territory, available until 4:30pm)
· Online: Complaint Contact Form
More information is available via the ‘How to make a complaint about a provider’ webpage via the NDIS Commission’s website.
Complaints can also be made to:
The Disability Services Commissioner: 1800 677 342
Office of the Public Advocate: 1300 309 337
Health Complaints Commissioner: 1300 582 113
Victorian Equal Opportunity & Human Rights Commission: 1300 292 153
Victorian Ombudsman: 03 9613 6222
Human Rights Commission: 1300 656 419
Australian Department of Education and Training: 1300 566 046
Victorian Department of Education and Training: 1800 809 834
Where required, We Rock the Spectrum staff will assist people making a complaint, or people with disability affected by a complaint, to contact the NDIS Commission or other complaints body.
We Rock the Spectrum staff will also support people making or impacted by a complaint to contact an advocate (if they wish to do so) to support them through the feedback and complaints process.
Complaints will be formally acknowledged within 2 Working days. All complaints will be responded to as quickly as possible, and within 14 Days from acknowledgement. If a complaint cannot be responded to in full within 14 Days of acknowledgement, the complainant will be provided with an update, including when a full response can be expected.
All feedback and complaints will be used by We Rock the Spectrum to continuously improve service delivery.
Conflicts of Interest
Any perceived or actual conflicts of interest associated with We Rock the Spectrum’s service delivery will be managed in accordance with its Conflict of Interest Policy and Procedure.
Emergency and Disaster Management
We Rock the Spectrum is committed to providing support to NDIS Participants without interruption throughout the period of their Service Agreement. This includes in the event of an emergency or disaster.
Where changes or interruptions are unavoidable, alternative arrangements will be explained and agreed with the NDIS Participant, with a key focus on minimising the impact to the NDIS Participant.
We Rock the Spectrum will ensure that any alternative supports enacted in the event of an emergency or disaster are delivered in a way that is appropriate to the NDIS Participant’s needs, preferences, and goals.
Continuity of Support
We Rock the Spectrum ensures the business operates with a sufficient amount of qualified staff to support its participants. In the event that the participant’s support staff is unavailable, We Rock the Spectrum will provide an alternative support staff member of equal or greater qualification. The replacement staff member will be given ample time to be briefed by management and have access to the participant’s Support Plan and Risk Assessment documents and any additional relevant health and behavioural plan information.
Participants will be informed of any staff changes within 24 hours before the service, where possible.
We Rock the Spectrum will ensure that any alternative supports are delivered in a way that is appropriate to the NDIS Participant’s needs, preferences, and goals.
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 NDIS Act, in the NDIS Participant’s NDIS Plan currently in effect under section 37 of the NDIS Act
• the NDIS Participant’s NDIS Plan is expected to remain in effect during the period the supports are provided and
• the [NDIS Participant / NDIS Participant’s representative] will immediately notify the provider if the NDIS Participant’s NDIS Plan is replaced by a new plan or the NDIS Participant stops being a participant in the NDIS.
Cancellation Policy
In the event of a short-notice cancellation (or no show), We Rock the Spectrum Australia can claim 100% of the agreed fee associated with the activity from the NDIS Participant’s plan, subject to the NDIS Pricing Arrangements and Price Limits in effect at the time, and the terms of this Service Agreement.
A cancellation is a short notice cancellation if the participant:
• does not show up for a scheduled support within a reasonable time, or is not present at the agreed place and within a reasonable time when We Rock the Spectrum Australia staff are leaving to travel to an excursion destination
• has given less than five (5) clear business days’ notice for a support that meets both of the following conditions:
• the support is less than 8 hours continuous duration AND
• the agreed total price for the support is less than $1000
We Rock the Spectrum Australia can only claim from the participant’s plan for a Short Notice Cancellation of the delivery of a support item to the participant if all of the following conditions are met:
• the NDIS Pricing Arrangements and Price Limits guide indicates that providers can claim for Short Notice Cancellations in respect of that support item
• the proposed charges for the activities comply with the NDIS Pricing Arrangements and Price Limits guide
• We Rock the Spectrum Australia] has the agreement of the participant in advance (that is, this Service Agreement specifies that Short Notice Cancellations can be claimed) and
• We Rock the Spectrum Australia was not able to find alternative billable work for the relevant worker and is required to pay the worker for the time that would have been spent providing the support.
We Rock the Spectrum Australia cancels a support due to operational reasons, the service will be rescheduled at no penalty to either party.