Do I need a Service Agreement?

What is a Service Agreement?

A service agreement is a written contract between an Ndis participant and a provider that clarifies what both parties have both agreed to. Australian Consumer Law covers it. Providers should support the client to understand any service agreement using the language and way of communicating they understand. A written service agreement must be in place for Specialist Disability Accommodation (SDA) support under the NDIS. 

 

Who requires a Service Agreement?

A service agreement is a written contract between a Ndis participant and a provider being who is a Sole Trader, Unregistered or Registered Provider. 

 

Things to Consider When Making a Service Agreement?

When you negotiate a service agreement, you should understand things like:

  • what supports are being provided
  • the cost of the supports
  • the responsibilities of your provider
  • your responsibilities
  • how long the agreement goes for and how can it be changed
  • the dispute resolution process.

 

Do I Need a Service Agreement as a Provider?

Yes. While Service Agreements are only recommended by Ndis, providers must understand that when a participant purchases a service or product from another person or provider, they fall under the Competition and Consumer Act 2010. This means a contractual agreement MUST be in place to be able to provide the service/product and claim for that service/product etc. Please see attached for resources developed by the ACCC & Ndis. 

 

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More Information...

ACCC - https://www.accc.gov.au/media-release/accc-releases-guidance-to-consumers-and-businesses-in-the-disability-sector

ACCC - https://www.accc.gov.au/about-us/publications/consumers-with-disability-where-to-go-for-advice-or-complaints

NDIS - https://www.ndis.gov.au/participants/assistive-technology-explained/your-consumer-rights