Service Agreement
Support Coordinator

Support Coordinator

123 Support Services

Shop 5, 38 Princess Street

Bundaberg East, Qld 4670

07 4361 6848

admin@123supports.com

ABN: 14 930 943 229

AGREEMENT DETAILS

Item 1. Start Date

Item 2. End Date

Item 3. Account Manager

BACKGROUND

The Participant has an approved plan under the NDIS Act.

The Support Coordinator has agreed to provide the Services to the Participant as required by the Participant’s Plan and in accordance with the terms and conditions of this Agreement.

INTERPRETATION

In this Agreement, unless the context otherwise requires:

Australian Privacy Principles means the Australian Privacy Principles set out in Schedule 1 of the Privacy Act 1988 (Cth).

Business Day means a day that is not:

1. a Saturday or Sunday; or

2. a public holiday for the Australian Capital Territory pursuant to the Holidays Act 1983 (Qld).

Carer means a carer is an individual who provides personal care, support and assistance to another individual who needs it because that other individual:

1. has a medical condition (including a terminal or chronic illness);

2. is frail and aged.

Invoice means an invoice that:

1. clearly sets out details of the amount that is due for payment, is correctly calculated in accordance with the Agreed Rates specified for each Service in Schedule 1 and is in respect of Services provided by the Support Coordinator pursuant to this Agreement; and

2. is rendered at the times specified in Schedule 1 (if any) and addressed to the Accounts Manager in Item 3 of the Agreement Details.

NDIA means the National Disability Insurance Agency.

NDIS Act means the National Disability Insurance Scheme Act 2013 (Cth).

NDIS Rules means any rules made pursuant to the NDIS Act.

Participant’s Plan means the Participant’s plan which is in effect under section 37 of the NDIS Act.

Personal Information has the same meaning as in the Privacy Act 1988 (Cth).

Personal Health Information has the same meaning as in the Health Records (Privacy and Access) Act 2001 (Qld).

Services means the services described in Schedule 1.

Term means the term of this Agreement as determined under clause 2.

TERM

This Agreement commences on the Start Date specified in Item 1 of the Agreement Details and ends on the End Date specified in Item 2 of the Agreement Details unless terminated earlier.

SERVICES

Acknowledgements

The parties acknowledge and agree:

1. the Participant is a person with a disability and, in providing the Services, the Support Coordinator will have regard to the human rights of the Participant as set out in the United Nations Convention on the Rights of Persons with Disabilities and the Human Rights Act 2019 (Qld);

2. the Carer signs this Agreement on behalf of the Participant pursuant to powers vested in the Carer in accordance with Legislation;

3. the Carer may exercise rights and powers on behalf of the Participant.

Provision of Services

The Support Coordinator must provide the Services to the Participant:

1. in compliance with the Participant’s Plan and for the purposes of achieving the goals in the Participant’s Plan;

2. in a courteous and respectful manner;

3. to a high standard of care, skill and diligence; and

4. in accordance with this Agreement including all timeframes in Schedule 1, all applicable laws and any reasonable request of the Carer from time to time.

In providing the Services, the Support Coordinator must:

1. communicate openly and honestly with the Participant and the Carer in a timely manner;

2. consult the Participant and the Carer on decisions in relation to how the Services are provided;

3. listen to the Participant’s and the Carer’s feedback and work with them to resolve problems quickly; and

4. keep records of all support coordination provided to the Participant as part of the Services provided under this Agreement.

Responsibilities of Participant

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The Participant agrees to:

1. cooperate with the Support Coordinator in its provision of the Services;

2. be courteous and respectful towards the Support Coordinator’s personnel at all times;

3. provide feedback to the Support Coordinator in relation to the Services

4. advise the Support Coordinator of:

   (a) any health issues he or she may have that may impact on his or her supports;

   (b) any special needs or requirements he or she may have;

   (c) any changes to his or her needs or requirements or any change to his or her situation that may impact on the provision of the Services;

PAYMENT FOR SERVICES

Following the provision of the Services in accordance with this Agreement, the Support Coordinator will issue an Invoice to the Accounts Manager specified in Item 3 of the Agreement Details at the times set out in Schedule 1. The Participant is required to be Plan Managed or Self Managed.

PRIVACY

The Support Coordinator must:

1. comply with the Australian Privacy Principles in its collection, use, disclosure and handling of any Personal Information of the Participant;

2. comply with the Health Records (Privacy and Access) Act 2001 (Qld) in its collection, use, disclosure and handling of any Personal Health Information of the Participant;

3. promptly notify the Participant and Carer in writing of any actual or suspected breach of its obligations under clauses 5(1) or 5(2).

INSURANCE

During the Term and for any prudent run-off period, the Support Coordinator must hold:

1. all insurance which a prudent owner and operator would maintain when carrying out activities of a similar nature to the Services; and

2. any other insurance required as a condition of the Support Coordinator’s registration as an NDIS provider.

COMPLAINTS AND DISPUTE RESOLUTION

1. The Support Coordinator must inform the Participant of its complaints and dispute handling processes.

2. If the Participant wishes to provide feedback or make a complaint in relation to the Services, the Participant may contact the person identified in Item 4 of the Agreement Details.

3. Where the Participant is not satisfied or does not want to talk to the Manager of 123 Support Services, the participant may contact the National Disability Insurance Agency by phoning 1800 800 110, visiting one of their offices in person or visiting ndis.gov.au for further information.

ENDING THIS AGREEMENT

Ending this agreement for any reason

1. The Participant may terminate this Agreement at any time without cause and without needing to provide reasons by giving the Support Coordinator 14 days’ written notice.

2. The Support Coordinator may terminate this Agreement at any time without cause by giving the Participant and the Carer 14 days’ written notice.

End of Participant’s Plan or replacement of Participant’s Plan

1. The Participant will promptly notify the Support Coordinator if the Participant’s Plan is suspended or replaced or the Participant stops being a participant in the NDIS.

2. Where the Participant’s Plan ends, is replaced or the Participant stops being a participant in the NDIS, this Agreement will end immediately.

Ending this Agreement for Default

A party may end this Agreement by providing written notice to the other party where the other party (‘Defaulting Party’) is in breach of a provision of this Agreement, where that breach:

1. if capable of being remedied, is not remedied within 10 Business Days of the Defaulting Party being provided with notice to do so (‘Remedy Period’), and in such event, termination will take effect on the day after the last day of the Remedy Period; or

2. is not capable of being remedied and in such event, the termination will take effect immediately upon provision of the notice to the Defaulting Party.

Support Coordinator to confirm termination with Carer

Where the Support Coordinator has received a notice from the Participant to end this Agreement, the Support Coordinator must contact the Carer to ensure that the Carer is aware of the purported termination, prior to ceasing to provide the Services to the Participant.

GENERAL

Conflict of interest

The Support Coordinator must:

1. promptly notify the Participant and the Carer of any conflict of interest which exists, or any conflict of interest which is likely to arise, in the performance of its obligations under this Agreement upon becoming aware of such conflict of interest or likely conflict of interest; and

2. negotiate in good faith with the Participant and the Carer on a plan to eliminate or manage any conflict of interest.

Entire agreement

This Agreement comprises the entire agreement between the parties in relation to its subject matter and supersedes any prior representations, negotiations, writings, memoranda and agreements between the parties on that subject matter.

No waiver

Failure or omission by a party to enforce or require strict or timely compliance with any provision of this Agreement at any time will not affect or impair that provision in any way or the rights and remedies that the party may have in respect of that provision.

Notices

Any notice, including any other communication, required to be given or sent to either party under this Agreement must be in writing and delivered or sent (as applicable) to the relevant address or addresses for the party as specified in Item 4 of the Agreement Details. A notice will be deemed to have been given

1. if delivered by hand, on delivery;

2. if sent by prepaid mail, on the expiration of three days after the date on which it was sent; or

3. if sent by electronic mail, on the sender’s electronic mail device recording that the electronic mail has been successfully transmitted to the recipient’s address.