Service Agreement

This Service Agreement is for [participant's name], a participant in the National Disability Insurance Scheme, and is made between the participant (or their advocate/representative, [representative's name and relationship]) and the provider, Flourish Support Collective Pty Ltd.

This Service Agreement will commence on [start date] for the period [from date] to [to date].

This Agreement is made in accordance with the rules, standards and objectives of the National Disability Insurance Scheme (NDIS) and other applicable laws, such as the Australian Consumer Law (see section 4 below). A copy of the participant's NDIS Plan may be attached to this Service Agreement.

The participant and the provider agree that this Agreement is in accordance with the main ideas of the NDIS. These ideas include having more choices, achieving personal goals and taking part in the community. The parties agree that this Service Agreement is made in the context of the NDIS, which aims to support the independence and social and economic participation of people with disability, and to enable people with disability to exercise choice and control in pursuing their goals and the planning and delivery of their supports.

The provider agrees to provide the participant [description of supports] for [duration of supports]. The Schedule of Supports (attached at the end of the signed Agreement) will include the following information on services:

• How they will be provided.
• When they will be provided.
• Who will provide them.
• How long they will be provided for.
• How much they will cost.

All prices are GST-inclusive (if applicable) and include the cost of providing the supports. Additional expenses (things that are not included as part of a participant's NDIS supports) are the responsibility of the participant or representative and are not included in the cost of the supports. Examples include entrance fees, event tickets, meals, and laundry products.

The provider agrees to:

• Communicate with you openly, honestly and promptly.
• Treat you with kindness, courtesy and respect.
• Partner with you on decisions about how your services and supports are provided.
• Review the provision of services and support with you, at least annually, and more often if required.
• Provide services and supports that meet your needs, circumstances, preferences and goals.
• Provide you with the opportunity to select your preferred support workers to support you on your preferred days and times.
• Provide you with a minimum of 24 hours' notice, where possible, if we have to change a scheduled appointment to provide your supports.
• Provide supports that consider your safety.
• Implement and maintain safeguarding policies and procedures to uphold your human and legal rights.
• Complete an individual Personal Emergency Preparation Plan, partnering with you to review your needs and risks and design a plan that keeps you safe during an emergency or disaster, and complete a trial of the plan, seeking your input to improve it. The plan is added as an appendix to the Agreement.
• Follow incident management procedures in accordance with our Incident Management Policy and Procedure to ensure everyone's safety, and provide you with information about the process we follow.
• Declare and manage potential, perceived and actual conflicts of interest in accordance with our Conflict of Interest Policy and Procedure.
• Explain, in a way that you understand, how you can provide feedback and lodge a complaint about our services internally to us and also to a third party (e.g. the NDIS Commission).
• Listen to your feedback and resolve problems quickly.
• Never offer or give you financial advice or recommendations.
• Review your Support Plan and this Service Agreement whenever your circumstances change, and provide you with updated versions for your records.
• Conduct appropriate worker screening and maintain processes for worker training and supervision to ensure our workforce is caring, compassionate, skilled and competent.
• Maintain processes to protect your privacy and personal information.
• Issue you with clear and accurate invoices and statements relating to costs and payments required.
• Give you the required notice if we must end this Service Agreement (see section 14 below).

The participant / participant's representative agrees to:

• Respect the rights of workers, ensuring their workplace is safe, healthy and free from harassment.
• Abide by the terms of your Agreement with us.
• Understand that your needs may change, and with this, your services may need to change to meet your needs.
• Accept responsibility for your actions and choices, even though some choices may involve risk.
• Tell us if you have problems with the care and services you are receiving.
• Give us enough information to develop, deliver and review your Support Plan.
• Care for your health and wellbeing as much as you are able.
• Provide us with information that will help us better meet your needs.
• Provide us with a minimum of 24 hours' notice when you know you will not be home for your scheduled service.
• Be aware that our workers are only authorised to perform the agreed number of hours and tasks outlined in your Service Agreement.
• Participate in safety assessments of your home.
• Ensure pets are controlled during service provision.
• Provide a smoke-free working environment.
• Pay the agreed amount for the services provided.
• Tell us in writing (where able) and give us notice before the day you intend to stop receiving services from us.
• Inform us if you wish to opt out when asked.
• Inform us about how you wish the supports to be delivered to meet your needs.
• Treat our workers with courtesy and respect.
• Talk to us if you have any concerns about the services and supports we are providing.
• Give a minimum of 24 hours' notice if you cannot make a scheduled appointment; if notice is not provided, the Flourish Support Collective Pty Ltd cancellation policy will apply (see section 8).
• Give us the required notice if you need to end the Service Agreement (see section 14).
• Let us know immediately if your NDIS Plan is suspended or replaced by a new NDIS Plan, or if you stop being a participant in the NDIS.

Flourish Support Collective Pty Ltd will charge within the price limits and pricing arrangements specified in the NDIS Pricing Arrangements and Price Limits. We will seek payment for the provision of services and supports after you confirm satisfactory delivery. We will:

• declare prices to participants before delivering a service;
• make claims for payments that are correct and truthful;
• only provide and charge for services and supports that are consistent with the participant's NDIS Plan;
• provide a receipt to participants to acquit against their NDIS Plan;
• make a payment request only after that service or support has been provided;
• submit payment requests for NDIA-managed participants within a reasonable time (and no later than 90 days from the end of the service booking);
• discuss with you and seek your agreement on any proposed changes to charges for services; and
• keep full and accurate records of services and supports delivered.

All supports and claims must be delivered within the timeframe of the participant's current NDIS funding period as outlined under s 33(2) and amended rules from the National Disability Insurance Scheme Act 2013 (Cth). Funding periods may be issued in quarterly (3-month) blocks, and we will ensure invoicing and service provision align with these designated blocks to avoid rejected claims. We will only deliver and invoice for supports that fall within the active funding block, invoices covering dates across two funding periods will be split accordingly, and participants will be supported to monitor expenditure to avoid overspend within any funding period. If a participant's plan is reassessed or the funding structure changes, this Agreement will be varied accordingly.

One of the following payment arrangements will apply, depending on how the plan is managed:

• Self-managed: after providing supports, we send the participant an invoice, payable by EFT within 7 days.
• Plan Nominee: invoices are sent to the participant's Plan Nominee, payable by EFT within 7 days.
• NDIA-managed: after providing supports, we claim payment for those supports from the NDIA.
• Plan-managed: we claim payment from the participant's Registered Plan Management Provider, [plan manager's name].

If changes to your services or supports are required, the parties agree to discuss and review this Service Agreement. Any changes will be in writing, signed and dated by the parties.

If the participant's plan funding structure changes (e.g. a change in the number or duration of funding periods), the parties agree to update this Service Agreement, including the Schedule of Supports, to reflect the new funding blocks and allocated budgets.

Where Flourish Support Collective Pty Ltd has a Short Notice Cancellation (or no-show), we can claim up to 100% of the agreed fee associated with the activity from the participant's plan, subject to the NDIS Pricing Arrangements and Price Limits and the terms of this Service Agreement.

For supports delivered to a group of participants, including you, if you cancel your attendance and we are unable to find another participant to attend the group session in your place, then, if the other requirements for a Short Notice Cancellation are met, we will bill you at the previously agreed rate that we would have billed had you attended.

Claims for a Short Notice Cancellation will be made using the same support item as would have been used if the support had been delivered, using the cancellation option in the myplace portal. If we observe an unusual number of short notice cancellations, we will discuss this with you to understand why they are occurring and arrange more suitable shift times and days.

If you, as the participant, or your representative wish to provide feedback, or lodge a complaint in relation to services received from Flourish Support Collective Pty Ltd, you can talk to our Director, Bonnie Winchester, on bonnie@flourishsupportco.com or by phone on 0411 015 703. You can also make an anonymous complaint using our Complaints and Feedback Form.

If you are not satisfied with the handling of the complaint, or do not wish to talk to our Director or delegate about your complaint, you can contact the NDIS Commission at any time throughout the process by calling 1800 035 544, visiting one of their offices in person, or via the NDIS website.

Flourish Support Collective Pty Ltd will collaborate with you to develop a Personal Emergency Preparation Plan tailored to your needs. This plan will outline actions to support your safety before, during and after any foreseeable emergency or disaster while you are accessing services with us.

We will conduct a trial of your Personal Emergency Preparation Plan to ensure its effectiveness, and seek your ongoing feedback to regularly review and refine the plan so that it remains relevant and practical.

In the event of an actual or potential emergency or disaster, we will endeavour to keep you informed of the emergency or disaster and any measures being implemented to maintain your continuity of supports. If required, trained staff will assist you with evacuation procedures and relocation to a safe location, and will notify your nominated support person, as outlined in the Plan in the appendix to this Agreement.

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 reasonable and necessary supports specified in the statement of supports included under s 33(2) of the NDIS Act, in the participant's NDIS Plan currently in effect under s 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 representative will immediately notify the provider if a new plan replaces the participant's NDIS Plan, or if they stop being a participant in the NDIS.

The participant's file can be accessed by an NDIS Registered Auditor for audit purposes only (the participant indicates yes or no when signing).

The participant may also consent for the following people or entities to have access to their personal records (ticked as applicable in the signed copy): Support Coordinator, Plan Manager, School, Family Member, Friend, Authorised Representative/Advocate, Health practitioner, or Other.

The NDIS Commission or NDIA may collect personal information about you from you, your representative or a third party, using forms, online portals and other electronic or paper correspondence. The regulator, or we as the service provider, may collect information directly. The regulator may also obtain personal information collected by other Commonwealth agencies, State or Territory government bodies, or other organisations. From time to time, the NDIS Commission may receive personal information from members of the public without it being requested. The NDIS Commission, and we as a service provider, will not ask you for any personal information we do not need. The Privacy Act requires that information is collected for a purpose reasonably necessary for, or related to, a function or activity of the Commission. When the Commission collects personal information, it is required by the Privacy Act to notify you of several matters, including the purposes for collecting the information, whether the collection is required or authorised by law, and any person or body to whom the information is usually disclosed. The Commission generally provides this notification through Privacy Notices on its paper-based forms and online portals.

Should either party wish to end this Service Agreement, they must give 1 month's notice. The notice requirement to end this Agreement will be waived if either party breaches the Service Agreement, or if otherwise agreed by both parties in writing.

The signed Agreement records the participant's contact details (name, phone, email, address, and an alternative contact or advocate where applicable).

The participant confirms they have been offered a copy of this Service Agreement once completed, and may choose not to receive a copy if they wish.

The parties agree to the terms and conditions of this Service Agreement, and confirm it has been explained using a language, mode or method the participant understands. The Agreement is signed and dated by the participant (or their representative) and the provider's authorised person.

• A copy of the participant's Support Plan.
• A copy of the participant's Personal Emergency Preparation Plan.

The signed Agreement includes a Schedule of Supports table detailing each support to be provided — including a description, price and payment information, how the support will be provided, the funding period, cost per period and total cost.

A copy of each completed Service Agreement is retained for seven (7) years.