Service Agreement

The Abbwell Group

11/12/2024

Purpose of the Service Agreement

The purpose of the Service Agreement is to document the supports that will be provided by The Abbwell Group under the Participants NDIS plan.

The agreement is in the context of the NDIS, a scheme that aims to:

Support the independence and social and economic participation of people with disability
Enable people with disability to experience choice and control in the pursuit of their goals, and in the planning and delivery of supports.

Service Agreement Definitions

The Abbwell Group, us or we means Abbwell Pty Ltd trading as The Abbwell Group (ABN 15 653 038 049.)
Participant or you means the NDIS participant as identified on page 1 of the final Service Agreement.
NDIA means the National Disability Insurance Agency, which runs the NDIS.
NDIS means the National Disability Insurance Scheme as established by the NDIS Act.
Service/s means the services and support you agree for us (The Abbwell Group) to provide and we agree to provide to you.

Supports & Services

The Abbwell Group will provide you with services and supports identified in your NDIS Plan.
If your plan differs from the details recorded in the NDIS portal, The Abbwell Group will provide the Services to you according to the details in the NDIS portal.
Together with you and your representative, The Abbwell Group will determine the specific services we can offer to help you meet your objectives.
This will be done through initial consultations, your Participant intake form, this Agreement, and the support planning process.
The specifics of the services, appointment times, locations, and staff members involved will be agreed upon and set out in writing.
Your needs, goals, and preferences may change over time. In consultation with us, the services can be adapted and adjusted accordingly.
Further details will be included in an attached Schedule of Supports.
You and your representative agree to the following:
- Assessment and review of your Plan by The Abbwell Group.
- Discussion of your Plan with the NDIA and its contractors (like Local Area Coordinators) by The Abbwell Group.
- The Abbwell Group’s discussions with service providers providing other Support Services.
- The Abbwell Group’s right to claim travel time from your NDIS funds, to the extent permitted by NDIS rules and applicable laws.
- Provision of services by The Abbwell Group in line with the terms set out in this Agreement (updated as necessary) and your support plan.
- To be available for interviews and record reviews by third party accreditation, auditors, and legislative bodies for random auditing purposes.
- Compliance with the terms of The Abbwell Group’s Policies (including our Privacy and Information Management Policy).

Your informed consent is required for the Services provided by The Abbwell Group.
You may withdraw your consent for any specific Service at any time, and the specific Service will cease immediately.

The Abbwell Group’s Responsibilities

The Abbwell Group agrees to:

Provide all supports under this agreement as outlined in Annexure A, in a manner that is timely and meets the Participant’s needs;
Review the provision of supports at least annually with the Participant;
Once agreed, provide supports that meet the Participant’s needs at the Participant’s preferred times;
Communicate clearly, openly and honestly in a timely manner;
Treat the Participant and the Participant’s representatives with courtesy and respect;
Consult the Participant on decisions about how supports are provided;
Give the Participant information about managing any complaints or disagreements and details of The Abbwell Group’s cancellation policy;
Listen to the Participant’s feedback and resolve problems quickly;
Give the Participant a minimum of 24 hours notice where practicle if The Abbwell Group has to change a scheduled appointment to provide supports;
Give the Participant the required notice if The Abbwell Group needs to end this Service Agreement (see “Terminating this Agreement” below for more information);
Protect the Participant’s privacy and confidential information;
Provide supports in a manner consistent with all relevant laws, including the National Disability Insurance Scheme Act 2013, its associated rules and regulations as issued and amended from time to time, and the Australian Consumer Law; and
Keep accurate records on the supports provided to the Participant.
In the event of unexpected changes in service provision, such as a worker’s unavailability due to sudden or planned leave, we will take certain steps to ensure continuity in your service:
- Initially, a skilled substitute worker or a member of our management team, equipped with the necessary skills and capabilities, will temporarily fill the role of the absent worker.
- If this arrangement becomes untenable or lasts beyond a few weeks, our contingency plan involves sourcing temporary help from an external labour hire or contracting service, or even initiating a recruitment process for the role.
- Should the worker’s absence turn out to be permanent, we will prioritise hiring a new worker to take over the role.
Throughout these adjustments, we will keep you fully informed and will actively seek your consent for any alternative arrangements.
For Further information on our procedures for providing support in the event of an emergency or disaster please refer to our Business Continuity Plan

Responsibilities Of The Participant

You and your Representatives agree to:

Inform The Abbwell Group about how you wish the Services to be delivered to meet the Participant’s need;
Collaborate and actively participate in the development and review of your NDIS plan;
Provide accurate and up-to-date information necessary for the delivery of services, including relevant medical, personal and contact details;
Communicate openly and honestly with The Abbwell Group, and Inform of any concerns you have with any of the Services being provided;
Treat all The Abbwell Group’s staff, workers and others present during the delivery of support and services with courtesy and respect;
Give The Abbwell Group the required notice if you cannot make a scheduled appointment, noting that if the notice is not provided, The Abbwell Group’s cancellation policy will apply;
Pay all invoices for agreed services, transport and/or other expenses promptly;
Let The Abbwell Group know Immediately if there is a change to your NDIS plan, if it is suspended, replaced by a new plan, or if you stop being an NDIS participant.

Fees for Service, Payments and GST

Fees for Services

The Abbwell Group will charge you for the Services.
The prices for the specific services that we provide to you are set out in the NDIS Pricing Arrangements and Price Limits.
The prices for all services are subject to modification in line with any changes to the NDIS Price Guide.
Any adjustments in our charges will automatically correspond with the most recent NDIS Price Guide, reflecting the specific Services we provide to you.
Additional expenses (i.e. things that are not funded under your Plan), are your responsibility and to be paid by you.

Payments

The Abbwell Group will seek payment for their provision of supports after the supports have been delivered.
- Self Managed – If you have chosen to self-manage the funding for NDIS supports provided under the Service Agreement. After providing those supports, The Abbwell Group will send you an invoice for those supports for you to pay. You must pay the invoice within seven days of the date of the invoice;
- NDIA Managed – If you have nominated the NDIA to manage the funding for supports provided under this Service Agreement, after we provide the relevant services and supports, The Abbwell Group will claim payment from the NDIA;
- Plan Managed – If you have nominated the Plan Management Provider to manage the funding for NDIS supports provided under this Service Agreement, after providing the relevant supports, The Abbwell Group will claim payment for those supports from the Plan Management Provider.

Goods And Services Tax (Gst)

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

A Supply of supports under this Service 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 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 while the supports are provided; and
The 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.

Cancellation And No Show Policy

If a service is cancelled at short notice, or there is a no show, you agree that we may charge you 100% of the relevant amount that would otherwise be payable to us if you:
- Do not show up for a scheduled support within a reasonable time, or are not present at the agreed place and within a reasonable time when The Abbwell Group is travelling to deliver the support; or
- Have given less than two clear business days’ notice of cancellation for a support.
The Abbwell Group will only charge for a short notice cancellation (or no show):
- For support items that the price guide allows short notice cancellation claims; and
- When they cannot find other billable work for the relevant worker, and if they must pay the worker for their time.
The NDIS monitors short notice cancellations and may contact The Abbwell Group about participants with a high number of cancellations. The Abbwell Group will work with you to minimise cancellations and make sure your plan is meeting your needs.
To cancel a support outside of office hours, please call 07 4179 0730 or 0489 901 515.

Terminating This Agreement

Should either party wish to end this Agreement, they must give twenty-eight (28) days’ notice in writing or by phone (if written notice cannot be provided by the Participant/Representative).

If either party seriously breaches this Agreement, the requirement of notice will be waived.

The Abbwell Group reserves the right to terminate this Service Agreement immediately under the following circumstances:

If you cease to possess a source of individualised government funding (i.e., no longer an NDIS participant or have exhausted all your NDIS funding) or a source of private funding.
If your support plan or the services offered by The Abbwell Group no longer meet your needs or assist in achieving your chosen goals.
If you or your support network fail to communicate and inform us about changes in your support needs.
If you decide to transfer to another service provider.
In the event of your death.
If you demonstrate an inability or unwillingness over time to work towards the agreed goals.
If you fail to comply with the reasonable conditions outlined in your support plan, consequently jeopardising the safe delivery of our services and the health and safety of our staff.
If you breach the terms of this Agreement.
If you fail to comply with the Policies of The Abbwell Group.
If changes in your condition result in the need for supports or services that exceed the skills and expertise of The Abbwell Group’s staff, or would require services that we lack the capacity to provide.
If there has been no contact between you and The Abbwell Group for a period of 2 months.
If you or members of your support network engage in behaviour deemed unacceptable by The Abbwell Group, such as violence, abuse, aggression, theft, property damage, or behaviour posing risks to the safe delivery of our Services or the health and safety of our staff.
If you disregard risk management procedures under The Abbwell Group’s Workplace Health and Safety Policy.
If you fail to pay the fees due to The Abbwell Group by the specified due date under this Agreement.

Complaints And Feedback

If the Participant wishes to give The Abbwell Group feedback or wishes to make a complaint in regard to the provision of supports, you can make a complaint:
- In person to the Director or a staff member;
- By email to admin@abbwell.com.au;
- Verbally by telephone to 07 4179 0730;
- On our website abbwell.au; or
- By post to 33 Cunnington Street, Bundaberg East QLD 4670.
For all written complaints or feedback, please provide your complaint in the form of our written Feedback and Complaints Form.
We will resolve complaints promptly in accordance with our Feedback and Complaints Policy.
You can make a complaint to the NDIS Commission by:
- Phone: 1800 035 544 or TTY 133 677 (Interpreters can be arranged);
- National Relay Service and ask for 1800 035 544; or
- Visiting https://www.ndiscommission.gov.au/about/complaints and filling out a complaint contact form.

Emergency And Disaster Management

In the event of an unavoidable change to the provision of supports to you due to an emergency or disaster occurring, we will abide by the following care continuity plan to ensure that supports continue to be delivered to you:
- We will attempt to find a suitably qualified and/or experienced Worker at The Abbwell Group to fill in on a temporary basis to provide support to you while your regular worker is absent.
- Engage an external agency to provide short term assistance or otherwise recruit for the role.
- Recruit a new Worker to act in the role.
In the event of an emergency or disaster, The Abbwell Group’s workers will be trained to follow the procedures set out in the Emergency Management Plan, ensuring you are safe, and your supports are maintained during this time.
A Participant Emergency Plan will be completed in collaboration with you and your representative/family, to ensure your specific support needs are taken care of and appropriate procedures are in place during an emergency.