The purpose of this Service Agreement is to ensure that you (The Participant) and TheirCarePlus have an agreed set of expectations on the services and supports to be provided under the National Disability Insurance Scheme (NDIS).

The Service Agreement is made according to the rules and goals of the NDIS. The participant and TheirCarePlus agree that this Service Agreement is in line with the main ideas of the NDIS, e.g.; promoting choice, achieving individuals’ goals and participating in the community.

1. Service Agreement Duration

This Service Agreement commences when you register an account with us and is ongoing until further notice. If there are any changes to the terms and conditions of this Service Agreement you will receive written notice.

2. Service Provider Responsibilities

TheirCarePlus agrees to:

• Respect the rights of the Participant to determine the range and type of activities in which they wish to participate and work co-operatively with the Participant or nominated representative on decisions about how your service is planned and delivered
• Once agreed, provide the services as outlined in this resigistration and your selection of services (schedule of supports) subject to the funding provided to the participant by the NDIS
• Obtain your consent to gather information about you and explain situations where there may be a need to disclose such information. This may include providing limited information as part of a funding and services agreement with government departments, or identifiable information in situations that involve:
  • A reportable incident involving a participant of the service
  • A referral which you agree to
  • A situation where safety issues are of concern
  • Where required by specific law/legislation
• Keep all information relevant to you and your services securely stored, private and accurate
• In accordance with the Privacy Act 1988 (Cth) notify you and/or your nominated representative and the OAIC about eligible data breaches that have resulted or are likely to result in serious harm to yourself or another entity
• Listen to feedback and address any concerns you raise promptly via our policies and procedures
• Regular communication with you to confirm your support requirements
• Give 24 hours’ notice (where practicable) if we need to change or cancel a scheduled service booking
• Provide a healthy and safe environment
• Ensure all staff comply with the NDIS Code of Conduct
• Comply with the National Standards for Disability Services and comply with the NDIS Terms of Business
• Provide pricing which reflects amendments or changes to the most current NDIS Pricing Arrangements and Price Limits guide

3. Participants Rights

The Participant has the following rights to:

• Access the service irrespective of gender, indigenous or ethnic culture, ability, socio-economic circumstance, or religious and political affiliation. This includes the use of interpreter services where required and to have cultural and religious needs met wherever possible and practicable.
• Be treated in a professional, courteous, and caring manner with the choices, aspirations and range and type of activities supported as far as possible
• Be provided with a safe environment while you attend the service
• Refuse any referrals suggested by TheirCarePlus staff to other services
• Expect that your privacy will be respected, and confidentiality protected to the greatest extent permitted by law in line with Australian privacy principles and legislation
• Have access to your personal file/record except where such access is prohibited by law
• Provide feedback to staff in a respectful manner

4. Participants Responsibilities 

Participant responsibilities include to:

• Be respectful of others, including staff and other participants at all times including their rights, needs, opinions and property
• Maintain confidentiality regarding information about other participants or staff
• Attend the service in a fit state (not unwell or unable to participate)
• Inform TheirCarePlus and staff if you are aware of any risks to them in their work with you
• Provide consent to obtain accurate and up to date information about yourself in order to receive the best possible support including changes such as health or behaviour support needs, nominated representative and address or contact details. The participant also provides consent to release personal information to funding bodies or as required by law.
• Arrive and depart at the designated Program at the start and finish time
• Ensure you have sufficient funding to cover requested services
• Pay additional expense invoice fees to TheirCarePlus by the due date
• Comply with reasonable requests to ensure a healthy and safe service environment
• Provide TheirCarePlus with information from your NDIS plan immediately if, following review, you receive a new plan, if the NDIS plan changes or is suspended or you stop being and NDIS participant.
• Raise any concerns or suggestions for improvement about the service being provided to the Program Team Leader or National Manager.
• Provide new NDIS plan start/finish dates, participant goals and plan management details to TheirCarePlus within 2 weeks of new NDIS plan commencement date – failure of which may result in suspension of service agreement.

5. Payments

TheirCarePlus will seek payment for provision of supports after the Participant or their representative confirms delivery of the service. Payments to TheirCarePlus can be made by direct credit or EFT.

Please note: If your NDIS funds are plan managed by another agency or if you self-manage your own NDIS funds, TheirCarePlus has the right to suspend support services until payment is received should our terms of payment be exceeded.

6. Additional Expenses

Daily Activities may attract additional expenses including out of pocket expenses that are not included as part of a Participants NDIS funded supports. Examples include entrance fees, event tickets, meals and program or activity specific costs etc. These expenses will be charged in addition to the NDIS funded supports.

An invoice for additional and/or out of pocket expenses will be issued to you or your nominated representative each week following the program. An additional fee may also be charged if Participants arrive early or are not collected on time and invoiced and payable within 7 days.

7. Short Notice Cancellations 

As stated in ‘NDIS Pricing Arrangements and Pricing Limits’ where a provider has a Short Notice Cancellation (or no show), they are able to claim 100% of the agreed fee associated with the activity from the participants plan. A cancellation is a short notice cancellation if the participant:

• Does not show up for a scheduled support within a reasonable time; or
• Has given less than two (2) clear business days’ notice
• Has given less than seven (7) calendar days' notice for non term time programs

You will not be charged for any service cancelled by TheirCarePlus.

8. Non Face to Face Supports

A charge for non face to face support provision will be applied for time spent on non face to face activities that assist the participant – Capacity building support specifically linked to the needs of the participant and to the achievement of the participants goals. i.e. proposed supports and expected outcomes documentation, NDIS requested reports and reports for co-workers/other agencies as required.

9. Goods and Services Tax

For the purposes of GST legislation, this agreement confirms that:

• A supply of supports under this Service Agreement is a supply of one or more reasonable and necessary supports specified in the statements of supports 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 Participant or nominated representative will immediately notify TheirCare Plus if the Participants Plan is replaced by new plan or the Participant stops being a participant in the NDIS.
• TheirCare Plus prices for NDIS funded supports are GST exempt and Additional Expenses are GST Inclusive.

10. Changes to your service requirements (schedule of supports)

If you need to change your service requirements (schedule of supports), both the TheirCarePlus need to be advised via the booking system beforehand. The changes to your booking will reflect your new schedule of supports. 

11. Terminating this Service Agreement

Should either party wish to terminate this Service Agreement we agree to give two weeks’ notice. If either party seriously breaches the terms and conditions of the Service Agreement the agreement will be terminated without notice.

12. Feedback, Complaints and Disputes

TheirCarePlus recognises that Participants and their carers have the right to raise complaints or disputes or provide positive feedback to our staff, management, or external agencies. TheirCarePlus encourages all Participants to speak up if they are not satisfied with any aspect of our service.

What to do if there is a problem:

1. Make a complaint directly to the Team Leader or Area Manager via phone 1300 344 144 or email info@theircareplus.com.au You have a right to expect that this complaint will be investigated appropriately, in confidence and without bias
2. If the matter is unresolved, you can address your complaint to the NDIS Quality and Safeguards Commission on 1800 035 544 or visit their website www.ndiscommission.gov.au
3. The Victorian Disability Advocacy Program is available if you require support with your complaint on: 1300 880 043 or email ofd@dhs.vic.gov.au
4. If resolution of your complaint is not achieved via TheirCare Plus you may contact the Office of the Disability Services Commissioner on 1800 677 342 or www.odsc.vic.gov.au
5. You may also apply to the Victorian Equal Opportunity and Human Rights Commission if you feel that your rights have been breached. Phone 1300 891 848 or email: complaints@veohrc.vic.gov.au
6. If you do not have success in resolving your problem, you can also contact the National Disability Insurance Agency (NDIA) by calling 1800 800 110, visiting one of their offices in person or via www.ndis.gov.au