The NDIS and the Service Agreement

The Service Agreement is made for providing support and services under the Participant’s NDIS plan (NDIS Plan). 

 

The Parties agree that this 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 support services

 

Conflict of Interest

Where an NDIS participant choose Functional Occupation Therapies & Supports or FOTS (hereinafter referred to as “the Provider”) to provide Support & Services will be provided with a list of other organizations that provide the same service within our region. 

 

Where the Participant has chosen to attend more than one Service at FOTS they acknowledge that they can cancel any one of these agreed services separately to the other agreed services  giving  14 Days’ notice.

 

Cancellation of agreed services must be in line with the Ending Service Agreement section listed below. 

 

Responsibilities of the Participant/Participant’s Representative

The Participant/Participant’s Representative agrees to: 

• inform the Provider about how they wish the Services to be delivered to meet the Participant’s needs; 

• treat the Provider with courtesy and respect; 

• talk to the Provider if the Participant has any concerns about the Services being provided; 

• give the Provider a minimum of 48 hours notice if the Participant cannot make a scheduled appointment/session; and if the notice is not provided by then, the Provider’s cancellation policy will apply; 

• give the Provider the required notice if the Participant needs to end the Agreement (see ‘Ending this Service Agreement’ below for more information); and 

• let the Provider know immediately if the Participant’s NDIS Plan is suspended or replaced by a new NDIS Plan or the Participant stops being a participant in the NDIS

​

Responsibilities of Provider 

The Provider agrees to:

• review the provision of Services at least 6-monthly with the Participant;

• once agreed, provide Services that meet the Participant’s needs at the Participant’s preferred times;

• communicate openly and honestly in a timely manner;

• treat the Participant with courtesy and respect;

• consult the Participant on decisions about how Services are provided;

• give the Participant information about managing any complaints or disagreements and details of the provider’s cancellation policy (if relevant);

• listen to the Participant’s feedback and resolve problems quickly;

• give the Participant a minimum of 24 hours’ notice if the Provider has to change a scheduled appointment/session to provide Services;

 

Changes to the service agreement

If changes to the Services or their delivery are required, the Parties agree to discuss and review this Agreement. The Parties agree that any changes to this Agreement will be in writing, signed, and dated by the Parties.

 

Ending this Agreement

Should either Party wish to terminate this Agreement 1-month (4 weeks) written notice must be given to info@fotsinc.com.au. The participant will be charged full scheduled fees during this month of notice regardless of attendance/support/session/service. If either Party seriously breaches this Agreement the requirement of notice will be waived.

 

Declined Funds

Should funds be declined due to exhausted funds or expired plans, the participant acknowledges they are liable for payment of the services rendered. The provider often does not have visibility over the allocation or usage of funds to manage budgets.

Payment terms will be 7 days after issuing the invoice.

​

Indemnity

The Participant/Participant’s Representative must indemnify and hold the Provider harmless from and against all claims and losses arising from loss, damage, expense, liability, injury & theft to the Participant, by reason of or arising out of the   services supplied to the Participant by the Provider within or outside of the scope of this Agreement.

 

Withdrawal of Services/Support

The Service Agreement may be cancelled by FOTS Pty Ltd. if:

• The Participant and/or their Nominee fails to do what is required of them under the terms of their Individual Service Agreement

• The Participant and/or their Nominee fails to comply with the policies and procedures of FOTS Pty Ltd.

• The Participant and/or their Nominee fails to communicate and provide information pertaining to changes to support needs

• Workplace Health and Safety considerations are ignored

• Communication has broken down between the Parties and/or

• Payment for support and/or expenses has not been received as per the Individual Service Agreement.

• Due to a change in circumstances and that the services that FOTS Pty Ltd offer are not the right fit for the participant.

 

Consent Statement

• Personal information collected by the Provider and its associated entities maybe shared between the Provider and its associated entities  for the management, health and wellbeing of the Participant, and the Participant/Participant’s Representative  gives consent for this information to be shared.

• The Participant/Participant’s Representative gives consent for personal information to be provided to NDIS  and its associated entities as requested.

• The Participant/Participant’s Representative  may request/require that personal information be shared with the Participants plan manager, and the Participant/Participant’s Representative  gives consent for this information to be shared.

• The Participant/Participant’s Representative may request/require that personal information be shared with another entity and if so, a separate Consent Form will be required to be signed.

​

Privacy Statement

Personal information collected by the Provider and its associated entities is protected by the Privacy Act 1988, the NDIS Act 2013 and the Information Privacy Act 2009. The Provider and its entities follows Privacy and NDIS legislation in relation to handling all personal information we collect. Personal information is any information about you that can be identified as being about you. The Provider has developed an Information Management Policies and procedures containing information about responsibilities, rights, what information may be collected, retained, accessed, amended and how it would be used and retained. The Provider has systems and procedures in place to protect personal information from misuse and loss, as well as from unauthorised access, modification or disclosure. Participants (Participant’s Representatives if consent received) can access their records, update them, change them, and withdraw or change their consent.

 

Feedback, Complaints & Disputes

If the Participant wishes to give the Provider feedback, the Participant can talk to the FOTS Representative and/or the Director on 0474 557952 or email info@fotsinc.com.au.  Or complete an online form at www.fotsinc.com.au.

If the Participant is not happy with the provision of Services and wishes to make a    complaint, the Participant can talk to the FOTS Representative and/or Director  on   0474 557952  or  email info@fotsinc.com.au. Or complete an online form at www.fotsinc.com.au. If the Participant is not satisfied or does not want to talk to the FOTS organisation, the Participant can contact the National Disability Insurance Agency by calling 1800 800 110, visiting one of their offices in person, or visiting ndis.gov.au for further information.

 

Goods and Services tax (GST)

For the purposes of GST legislation, the Parties confirm that:

• A supply of Services under this Agreement is a supply of one or more of the reasonable and necessary Services specified in the statement 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 Services are provided; and

• The Participant/Participant’s Representative will immediately notify the Provider if the Participant’s NDIS Plan is replaced by a new Plan or the Participant stops being a participant in the NDIS.

​

Cancellations & No Shows Procedure

 

The preferred method for participants to cancel a session or support is to notify the Provider:

Phone: 07 5371 9855

Text: 0474 557 952

By email info@fotsinc.com.au

Within the business hours of 8:00am to 5:00pm to give reasonable notice as detailed below.

 

Definitions:

• Cancellation with Notice: Cancellation of the scheduled delivery of service/supports with at least the notice as required by this Service Agreement. Refers to a participant notifying the Provider in advance, that scheduled hours of service are not required or unable to be received.

• · There are two categories of cancellation:

  • Short notice – where less than 24 hours’ notice is provided.

  • Reasonable Notice – where 48 hours or greater notice is provided.

• Cancellation Without Notice: Where no notice or less than the notice period required by this Service         

• ​

• Agreement has been given.

• No-Show: Refers to an individual participant not attending, or being unavailable, without notice for a scheduled service, or where the participant is not at the agreed location at the agreed time to receive a scheduled support/session.

 

Notice Period Summary: