NDIS Service Agreement (online form)
  • NDIS Service Agreement

  • Agreement start date
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  • Agreement end date
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  •  BETWEEN

  • AND

    Approved Provider: MECWA (trading as mecwacare)

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  • 1287 Malvern Road, Malvern 3144

    ABN: 59 004 927 244

    Telephone: (03) 8573 4888

    Facsimile: (03) 8573 4887

  • 1. About the Agreement

    • This Service Agreement is made for the purpose of providing supports under the Participant’s National Disability Insurance Scheme (NDIS) plan.
    • The 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.
    • The Service Agreement sets out how and when your NDIS supports will be delivered by mecwacare, as a registered NDIS provider.
    • Your NDIS supports are listed in your NDIS plan. Note, you may attach a copy of your NDIS plan to this Service Agreement, to help mecwacare deliver your chosen supports.
  • NDIS Service Agreement: {participant21} - NDIS Reference {ndisReference}                                                         

  • 2. Details

    • Participants Details (You) 
    • Date of Birth
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    • Plan start date
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    • Plan end date
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    • Plan review date
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    • Participant's Representatives Details 
    • Authority
    • Authority Type:

    • Copy Provided
    • Note - an authority cannot be exercised until a valid copy is on file

    • External Provider Contact Details 
    • mecwacare (Provider) Contact Details 
    • Agreement related enquiries:

    • Day to Day Support enquiries:
    • Billing or Invoice Enquiries:

                  Contact: Accounts Receivable

                  Phone:   (03) 8573 4824

                  Email:    accounts@mecwacare.org.au 

    • NDIS Service Agreement: {participant21} - NDIS Reference {ndisReference}                                                         

  • 3. Terms and Conditions

    • Purpose of the Agreement 
    •  

      The purpose of this agreement is to document a personalised and self-directed support arrangement between you and mecwacare, which provides you the flexibility and authority to determine your chosen supports for the achievement of your goals.

      mecwacare agrees to provide the services or support outlined in this Service Agreement. Any changes to the services and/or support listed in this agreement will require prior authorisation from all parties.

       

       

    • Interpretations 
    • Reference to the ‘Agreement’ includes the sections About this Agreement, Details, the Terms and Conditions, and its Schedules, and attachments.

       

      Inconsistencies in the Agreement will be resolved in the following order of precedence:

      (a) the Terms and Conditions; and

      (b) Variations to the Service Agreement; and

      (c) Schedule of Supports

       

    • Additional Provisions 
    • Additional provisions that form part of this agreement include:

      • Home and Community Services Information Handbook
      • Resident Agreement

      Where there is ambiguity or inconsistency between the Agreement and the relevant additional provision, the additional provision prevails.

    • Responsibilities of mecwacare 
    • In agreeing to provide support mecwacare will:

      • respect your rights to determine the range and types of activities you wish to participate in
      • once agreed, provide supports that meet your needs at your preferred times
      • prepare a support plan that outlines your activities and the support we will provide. A copy of the support plan will be provided to you or your representative.
      • communicate openly and honestly in a timely manner
      • treat you with courtesy and respect
      • consult you on decisions about how supports are provided
      • review the provision of supports as per agreed review date and as required
      • give you information about managing any complaints or disagreements and cancelling of services
      • listen to your feedback and resolve problems quickly
      • give you a minimum of 24 hours’ notice where possible, if we have to change a scheduled appointment to provide supports
      • give you 28 days’ notice if we need to end the Service Agreement (see ‘Ending this Service Agreement’ below for more information)
      • protect your privacy and confidential information
      • obtain your consent to share information with other organisations for the purpose of services being provided to youprovide 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
    • Rights and Responsibilities of Participant/Participant’s representative  
    • Whilst accessing services outlined in this Agreement you:

      • Have the right to nominate, in writing, an advocate or guardian, who will act in your interests and accept the responsibilities outlined under this agreement
      • Have the right to be treated with dignity and respect and to have your choices and aspirations supported as far as is reasonably possible
      • Have the right to determine the type and range of activities that you wish to participate in
      • Have the right to request services in accordance with your support plan, provided the request is also in accordance with all applicable legislation
      • Have the right to participate in the development of your support plan acknowledging that the cost of supports arising from that plan must be either met within the funding available in your NDIS plan, or you will be able to pay for the supports yourself.
      • Have the right to an annual review of your support plan or upon request by you or mecwacare at any time
      • 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 mecwacare.
         

      You agree to:

      • receive supports in accordance with the Service Agreement and the additional provisions that form part of this agreement
      • inform us about how you wish the supports to be delivered to meet your needs
      • treat our staff and other customers with courtesy and respect
      • talk to us if there are any concerns about the supports being provided
      • participate in the development and regular review of your support plan
      • only request supports funded by NDIS to meet your NDIS goals and that the supports provided by mecwacare to you are for this purpose
      • adhere to the budget requirements of your service plan
      • pay all fees owing by the due date
      • give mecwacare 28 days’ notice if you need to end the Service Agreement (see ‘Ending this Service Agreement’ below for more information), and
      • let mecwacare know immediately if your NDIS plan is suspended or replaced by a new NDIS plan or you stop being a participant in the NDIS.
    • Schedule of Supports 
    • Attached to this Service Agreement is the Schedule of Supports for services decided by you and/or your representative. mecwacare will provide you the agreed supports as per the Schedule of Supports. The schedule includes details of your supports and the hours to be delivered along with their costs. All prices are GST inclusive (if applicable) and include the cost of providing the supports.

    • Service Fees 
    • Fees will be charged in accordance with the NDIS Price Guide applicable as at the date on which the service is provided. Fees will vary in accordance with changes in the Price Guide, on and from the date a funding change takes effect, independent of when you are notified of the change. The NDIS Price Guide is available on https://www.ndis.gov.au/providers/pricing-and-payment. You are encouraged to access the NDIS myplace participant portal for details of services received and amounts charged.

    • Additional Expenses 
    • Additional expenses incurred by you (i.e. things that are not included as part of a Participant’s NDIS supports) are your responsibility  to pay and are not included in the cost of a funded support. Examples include entrance fees, event tickets, and cost of meals. If you do not hold a Companion Card, you will have to pay for any entrance fees or event tickets for staff accompanying you, otherwise the activity cannot occur.

    • Transport Expenses – Accompanying Participants for Community Access 
    • If you are funded for transport support in your NDIS Plan, you may request a disability support worker to accompany you on a community outing and/or transport you from your home to the community.

      The cost incurred for transport expenses will be claimed against that component in your Core budget. This will be determined with you in the Schedule of Supports.

      Transport expenses refer to the cost of kilometres travelled during the provision of supports and the cost of any parking fees or public transport tickets. You will pay for your own public transport tickets and parking fees in most instances. If you are a Companion Card holder, disability support workers can travel as your companion without charge on public transport.

      If you are not funded for transport support in your NDIS Plan, and you agree to self - manage transport expenses only, you will be invoiced directly for transport expenses.

    • Method of Payment for Services 
    • mecwacare will seek payment for supports provided to you through the following methods. The Schedule of Supports will indicate the method of payment for the requested support.


      Self-Managed Plan/Supports:

      This is when you nominate to self-manage the funding for supports provided under the Service Agreement. We will invoice you for the supports we have provided to you. Invoices are to be paid within 14 days.

      Nominee Managed Plan/Supports:

      This is when a Plan Nominee is nominated by you to manage the funding for supports provided under the Service Agreement. We will invoice your Plan Nominee for the supports we have provided to you. Invoices are to be paid within 7 days. Please confirm with your Plan Nominee you have received services, within 5 days following the service being provided.

       

      NDIA Managed Plan/Supports:

      This is when the NDIA is nominated to manage the funding for supports provided under the Service Agreement. We will claim payment for those supports directly from the NDIA. We will also create, activate and update service bookings in the NDIS portal, with your agreement.

      Plan Managed Plan/Supports:

      This is when a Plan Manager is nominated to manage the funding for NDIS supports provided under the Service Agreement. We will invoice your Plan Manager for the supports we have provided to you. Please confirm with your Plan Manager you have received services, within 5 days following the service being provided.

    • 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 your NDIS plan currently in effect under section 37 of the NDIS Act;
      • your NDIS plan is expected to remain in effect during the period the supports are provided; and
      • you or your representative will immediately notify mecwacare if your NDIS Plan is replaced by a new plan or you stop being a participant in the NDIS.
    • Cancellations and Rescheduling 
    • You will provide mecwacare with the required minimum notice if it is not possible for you to meet the scheduled appointment. Minimum notice required are as follows:

      • For supports less than 8 hours continuous duration and less than $1000 – a minimum of 2 business days notice is required
      • For all other supports – a minimum of 5 business days notice is required

      A cancellation charge will be applied if the minimum notice is not provided. Charges for cancellations are subject to the NDIS Price Guide cancellation rules. Information is available on the NDIS website.

    • Changes to the Service Agreement 
    • If changes to the supports or their delivery are required, you and/or your representative and mecwacare agree to discuss and review this Service Agreement.

      Variations may be negotiated depending upon your choices, needs and the availability of funds for the requested services.

      When seeking a variation that will exceed the current funding:

      • For NDIA Managed participants, this will be dependent upon availability of funds via the NDIA portal.
      • For Plan Managed, Nominee Managed or Self-managed participants, this will be dependent upon you providing confirmation of available funds. For example, evidence of available funds may be from the NDIA portal. Service requests may be delayed, until such evidence is provided.

      In circumstances where there may be a delay in the approval of any variation to the agreement, you may agree to cancel any existing scheduled services and schedule ad hoc service requests that are consistent with your NDIS Plan and funding availability.

      It is recommended you consider including a flexible estimate of supports in your Schedule of Supports to accommodate future ad hoc service requests, should you anticipate this to be required.

      You and/or your representative and mecwacare agree that any changes or variations to this Service Agreement will be in writing, signed, and dated. Variations will be documented in the relevant areas of the service agreement and in the Schedule of Variations.

    • NDIS Plan Extensions and Gaps 
    • Where the NDIA extends your existing plan end date , mecwacare will:

      • require confirmation of sufficient funds for the extension period
      • once sufficient funds are confirmed in writing, mecwacare will continue to provide you with essential core supports, as per your existing schedule of supports until the end of the extension period
      • document the extension as a variation to the Service Agreement, and depending upon how your plan is managed will claim as follows:
        • If NDIA Plan-managed – mecwacare will update your existing service booking or create a new service booking (if required) for your essential core supports for the extension period and claim via the NDIS Portal;
        • If Plan Managed – mecwacare will continue to invoice your Plan Manager. Your or your representative are to liaise with your Plan Manager regarding the extension of your service booking

      Where there is a gap between your NDIS plans, mecwacare will:

      • Require evidence of gap funding from NDIS for the continuation of services
      • In the absence of documented evidence, only essential core supports will be provided for 10 business days before services are ceased

      Where plan funds are exhausted prior to the plan’s end date, mecwacare will be unable to continue to deliver supports to you under the Service Agreement. In this circumstance, you should consider submitting a request for a plan review to the NDIA.

    • Ending this Service Agreement 
    • Should either you/your representative or mecwacare wish to end this Service Agreement they must give 28 days’ notice.

      If either you or mecwacare breaches this Service Agreement the requirement of notice will be waived.

      This includes but is not limited to when:

      • Invoices remain unpaid for 28 days past the due date
      • The health and safety of staff are at risk
      • Supports are no longer funded by the NDIA
    • Feedback, complaints and disputes 
    • If you wish to give us feedback, please talk to staff during the service, or either phone or visit the office and speak with the Centre Manager/Supervisor, or write to us or fill in a “Have Your Say” form.

      If you have a complaint or concern you would like to raise, please contact the Centre Manager/Supervisor in the first instance. If you are not satisfied with the response, please contact the General Manager who will work with you to explore other options:

      General Manager, Community Services Ph: 8573 4888 or email: community@mecwacare.org.au.

      The General Manager will escalate your complaint to the Executive General Manager, Home and Community Services, as required.

       If you are still not satisfied, it is important that you contact the Chief Executive on 8573 4888 or
      email: corporate@mecwacare.org.au

      If you do not wish to talk to the Chief Executive, you can contact the NDIS Commission by Phoning: 1800 035 544 (free call from landlines) or TTY 133 677. Interpreters can be arranged. You can also call the National Relay Service and ask for 1800 035 544.  For more information, or to lodge an online complaint visit https://www.ndiscommission.gov.au

    • Participation in Audits 
    • As an NDIS provider, mecwacare is required to undertake quality and compliance audits conducted by approved quality auditors, to ensure the services we provide you are compliant with the NDIS standards and guidelines. Audits involve NDIS participants taking part in interviews with auditors and/or review of your client record or plans. As an NDIS participant, you will be informed of any audit and have the option not to participate.

    • NDIS Service Agreement: {participant21} - NDIS Reference {ndisReference}                                                         

  • 4. Agreement Declarations

  • With this Service Agreement, I confirm the following as indicated:

  • I agree the requested service commencement date is:

     

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  • 5. Schedule of Supports

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  • 6. Schedule of Variations

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  • 7. Signatures

  • NDIS Service Agreement: {participant21} - NDIS Reference {ndisReference}                                                         

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