This Service Agreement is made between a participant and Down Syndrome NSW, for the purpose of providing supports under the participant’s NDIS plan.

The participant may ask another trusted person to enter into the Service Agreement on their behalf. This is someone close to the participant, such as a family member or friend or someone who manages the funding under a participant’s NDIS plan.

Provider:       Down Syndrome Association of NSW

Commencement: This Service Agreement  will commence on the date the last party signs.

Term: The term of this Service Agreement  is 12 months from commencement, or until terminated in accordance with the terms and conditions of this Service Agreement.

Provision of Services and Supports: This Service Agreement has an associated Schedules of Supports, outlining the services and supports to be accessed by the Participant, provided by Down Syndrome NSW.

References Herein: The above stated participant will herein after be referred to as "The Service Agreement's Participant" or "Participant".

The participant consents to this person:

This Service Agreement is made according to the rules and the goals of the NDIS.

A copy of the participant’s NDIS plan is attached to this Service Agreement, unless stated otherwise by the Participant.

As the provider, Down Syndrome NSW agrees to:

• provide the participant with a calendar or schedule of proposed activities.

• communicate openly and honestly and in a timely manner.

• treat the participant with courtesy and respect.

• consult the participant on decisions about how activities are run.

• give the participant information about managing any complaints or disagreements.

• listen to the participant’s feedback and resolve problems quickly.

• give the participant a minimum of 48 hours’ notice if Down Syndrome NSW has to change a scheduled service, unless in an emergency or unforeseen circumstances.

• Down Syndrome NSW will refund to the participant any money which has been paid upfront for any propsed service that does not go ahead.

• give the participant the required notice if Down Syndrome NSW needs to end the Service Agreement.

• protect the participant’s privacy and confidential information in accordance with law.

• provide services in a manner consistent with all relevant laws, including the National Disability Insurance Scheme Act 2013 and rules, and the Australian Consumer Law.

• keep accurate records on the services provided to the participant.

• issue invoices and statements of the services attended by the participant.

• DSNSW issues invoices in line with NDIS guidelines.
  

The Participant agrees to:

• Inform Down Syndrome NSW on how they wish services to be run to meet the participant’s needs.

• Treat Down Syndrome NSW’s staff and volunteers with courtesy and respect.

• Talk to Down Syndrome NSW if the participant has any concerns about the services.

• Give Down Syndrome NSW a minimum of 48 hours notice if the participant cannot make an online scheduled service and 7 days notice for a face to face service.

• Acknowledge that some events, such as shows, sporting matches and concerts, require payment of additional expenses (such as tickets) prior to or after the event. All payments for such events are to be made to Down Syndrome NSW either via the website or by invoice sent from Down Syndrome NSW.

• In the case of a paticipant making a booking for a service, the participant agrees to be charged for the entire service according to the hours/service stipulated. This can not be modified. If a participant was to be late or leave early from an service the participant is liable for the cost of the service in its entirity.

• In the case of a participant booking to attend a ticketed service and cancelling prior to making payment, the participant will still be required to pay for the ticket and or service unless the ticket is sold to another DSNSW member attending the service.

• Be liable for any costs incurred if the participant overspends their NDIS funding.

• Give Down Syndrome NSW the required notice if the participant needs to end the Service Agreement.

• Let Down Syndrome NSW 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.

• Understand and adhere to Down Syndrome NSW cancellation policies.

• A participant will be unable to attend services if any payment is more than 30 days overdue - unless prior arrangement has been made with the CEO.

• Provide consent for the use of media images (e.g. photos, videos) taken during service delivery for the purpose of promoting DS NSW's services to others.
  

NDIS Cancellation Guidelines apply. Please refer to  Pricing Arrangments and Price Limits 2023-24 p22 and as amended in subsequent versions for full details and updates.

Where a provider has a Short Notice Cancellation (or no show), the provider is able to claim 100% of the agreed fee associated with the activity from the participant’s plan, subject to this NDIS Pricing Arrangements and Price Limits and the terms of the service agreement with the participant.

A cancellation is a short notice cancellation if the participant:

• does not show up for a scheduled support within a reasonable time, or is not present at the agreed place and within a reasonable time when the provider is travelling to deliver the support; or

• has given less than two (2) clear business days’ notice for a support that meets both of the following conditions:

            - the support is less than 8 hours continuous duration; AND

            - the agreed total price for the support is less than $1000; or

• has given less than five (5) clear business days’ notice for any other support.

Providers can only claim from a participant’s plan for a Short Notice Cancellation of the delivery of a support item to the participant if all of the following conditions are met:

• this NDIS Pricing Arrangements and Price Limits indicates that providers can claim for Short Notice Cancellations in respect of that support item; and

• the proposed charges for the activities comply with this NDIS Pricing Arrangements and Price Limits; and

• the provider has the agreement of the participant in advance (that is, the service agreement between the participant and provider should specify that Short Notice Cancellations can be claimed); and

• the provider was not able to find alternative billable work for the relevant worker and are required to pay the worker for the time that would have been spent providing the support.

Claims for a short notice cancellation should be made using the same support item as would have been used if the support had been delivered, using the “Cancellation” option in the portal.

There is no hard limit on the number of short notice cancellations (or no shows) for which a provider can claim in respect of a participant. However, providers have a duty of care to their participants and if a participant has an unusual number of cancellations then the provider should seek to understand why they are occurring. The NDIA will monitor claims for cancellations and may contact providers who have a participant with an unusual number of cancellations.

In order for the Participant to access support services from Down Syndrome NSW, the Participant must agree on an amount from the NDIS allocated funding to undertake the agreed support service. The participant/participant representative agrees to fund these services from the NDIS to the amount indicated below. Should there be insufficient NDIS funds to cover the booked activity, the participant/participant representative agrees to cover these expenses.

The participant/participant’s representative (Plan Nominee) agrees to pay Down Syndrome NSW for the provision of supports for any activity booked by the participant and provided by Down Syndrome NSW if the participant does not have sufficient NDIS funds to cover such activity. It is your responsibility to ensure that your NDIS plan allows for your selected category and you have enough funds available (done through your Plan Manager or NDIS).

For example, if you agree to pay and your plan is not approved for this, you will still be required to pay the balance of the agreed amount.

Additional expenses are the responsibility of the Participant and are not included in the cost of the supports. Examples include activity and camp expenses, event tickets, meals, etc.

In the event payments for the support are not received within 14 days from the issue date of an invoice the payments will be considered overdue and support for the Participant will not be provided until the account is settled.

Item Reference Numbers are included on Down Syndrome NSW invoices. Down Syndrome NSW may on occasion issue invoices with other Item Reference Numbers under the category “Assistance with social and community participation” or others as appropriate, as per the current NDIS Support Catalogue (Pricing Arrangements and Price Limits).

Down Syndrome NSW will invoice the participant after their attendance at the activity and will use reasonable endeavours to invoice the participant within 30 days of the scheduled activity.

If the funding for any of the services provided under this Service Agreement is managed by the participant: The participant has chosen to self-manage the funding for NDIS services provided under this Service Agreement. After providing those services, Down Syndrome NSW will send the participant an invoice for those services for the participant to pay. The participant will pay the invoice by direct deposit within 7 days.

OR

If the funding for any of the services provided under this Service Agreement is managed by a Plan Nominee: The participant’s Plan Nominee manages the funding for services provided under this Service Agreement. After providing those services, Down Syndrome NSW will send the participant’s Nominee an invoice for those services for the participant’s Nominee to pay. The participant’s Nominee will pay the invoice by direct deposit within 7 days.

OR

If the funding for any of the services provided under this Service Agreement is managed by the National Disability Insurance Agency: The participant has nominated the NDIA to manage the funding for services provided under this Service Agreement. After providing those services, Down Syndrome NSW will claim payment for those services from the NDIA.

OR

If the funding for any of the services provided under this Service Agreement is managed by a Registered Plan Management Provider: The participant has nominated the Plan Management Provider the Service Agreements participant to manage the funding for NDIS services provided under this Service Agreement. After providing those services, Down Syndrome NSW will claim payment for those services from the participants nominated Registered Plan Management Provider.

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

• a supply of service under this agreement is a supply of one or more of the reasonable and necessary supports 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 service is provided;

• the  Service Agreement’s participant 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.

If the participant wishes to give the provider feedback, or is not happy with the provision of services, the participant can talk to Down Syndrome NSW CEO  – (02) 9841 4444 or admin@dsansw.org.au

If the participant is not satisfied or does not want to talk to this person, the participant can contact the NDIS Quality and Safeguards Commission on 1800 035 544, by visiting one of the NDIS offices in person, or visiting www.ndiscommision.gov.au/about/complaints for further information.

Note: Under the new pricing arrangement, the hourly rate for group activities and non-face-to-face supports are divided evenly by the number of participants in the group. Non-face-to-face supports are claimed with the same line item as the relevant direct support. Non-face-to-face supports include coordination and planning of activities, set up/pack up, collection of appropriate resources and consumables, corresponding with families/carers, review and implementation of ideas and feedback, specific supports and/or adaptations, writing of reports and notes, venue risk assessment and correspondence in line with the NDIS Price List.

The parties have thoroughly read and agree to the terms and conditions of this Service Agreement.

The Participant can sign this Service Agreement, or a representative can sign on their behalf.