3.3 Service Agreements

3.3 Service Agreements

Preamble

BigDog Support Services Pty Ltd (BigDog) works to ensure that each client has a clear understanding of the supports they have chosen by collaborating with the client to develop the service agreement, using effective methods to communicate service agreements and providing each client with a written copy of their agreement.

3.3.1 Collaboration

BigDog collaborates with each client to develop a service agreement which establishes expectations, explains the supports to be delivered, and specifies any conditions attached to the delivery of supports, including why these conditions are attached.

BigDog enters into Service Agreements with each new client when they engage the service. The Service Agreement allows BigDog and the client to agree on the terms of the service, what is expected of each party, what supports will be delivered and how they will be delivered.

The Service Agreement specifies the outcomes to be achieved for the client and also contains each party’s responsibilities and obligations and how any future issues are to be resolved. BigDog does not commence support services until a signed Service Agreement is in place.

BigDog collaborates with each client, and any nominated person, to develop the terms of the service agreement which will support the independence, social and economic participation of the client and enable them to exercise choice and control over the pursuit of their goals.

BigDog includes the following areas in Service Agreements: the supports that will be provided the cost of those supports how, when and where the client requires the supports to be delivered how long the client requires the supports to be provided when and how the Service Agreement will be reviewed how the client and provider will deal with any problems or questions that may arise what the client’s responsibilities are under the Service Agreement

what the provider’s responsibilities are under the Service Agreement

what notice is needed for the client or provider to change or end the Service Agreement and how this is done.

3.3.2 Communicating Service Agreements

BigDog ensures that each client is supported to understand their service agreement and conditions using the language, mode of communication and terms that the client is most likely to understand.

BigDog is committed to effectively communicating the terms of the Service Agreement to each client to ensure the client fully understands the agreement. BigDog provides an explanation of the terms of the Service Agreement in the language, mode of communication and terms which that person is most likely to understand.

BigDog is proactive in asking clients about their preferred language and mode of communication. The client’s preferred mode is then used wherever possible to ensure that communication is consistent, effective and tailored to the client. BigDog also uses assistive technology, interpreters or translators where necessary to communicate with the client

BigDog recognises that the roles of families, carers and other significant persons in the lives of people with disability are to be acknowledged and respected. BigDog includes these third parties in situations where a client consents to information being shared with supporters, or wishes their agreements to be explained to both them and their supporters.

3.3.3 Service Agreement Copy

BigDog ensures that each client receives a copy of their service agreement in writing signed by both the client and BigDog. Where this is not practicable or the client chooses not to have an agreement, a record is made of the circumstances under which the client did not receive a copy of their agreement.

BigDog developed and utilises our own NDIS Supports Cost and Service Booking Calculator to calculate and provide an itemised summary of support costs, by service category for the period of the Plan. This calculator also provides the summary of supports to make any booking through the NDIS Portal or to provide a detailed summary for a Plan Manager or Supports Coordinator.

The Service Agreement also includes a Roster of Supports that itemises each support, by day of the week, by starting time and by number of hours that support is required.

Once the documents have been signed the agreement is scanned to the client’s electronic file for future reference and record keeping. The original fully executed agreement and supporting documents are provided to the client and/or their nominated person so that the client can review the terms of the Service Agreement at any time.

Any amendments to the Service Agreement are also provided to the client once they have been executed by both parties. This practice ensures that a client is aware of the terms of the Service Agreement and can refer to these at any time.

3.3.4 Supported Independent Living

BigDog has documented arrangements in place with each client in supported independent living. These documents outline the following:

a) How the client’s concerns about the dwelling are communicated and addressed;

b) How potential conflicts involving clients will be managed;

c) How changes to client circumstances and/or support needs will be agreed and communicated;

d) In shared living, how vacancies will be filled, including each client’s right to have their needs, preferences and situation taken into account;

e) How behaviours of concern which may put tenancies at risk will be managed, if this is a relevant issue for the client.

BigDog will on occasion provide accommodation that is controlled by BigDog through ownership or lease to a client. BigDog can also provide services at that accommodation to support a client to remain in their community of choice or to move to more suitable or appropriate accommodation.

BigDog will meet the legislative requirements of the state or territory where accommodation is provided by BigDog. Accommodation is not and should not be considered as core business of BigDog but will be an adjunct to the support services offered. It is the philosophy of BigDog to assist individuals to work toward the most independent accommodation type possible to meet their individual needs.

In situations where a client wishes to reside in a BigDog premises, the parties enter into a General Tenancy Agreement through Ray White Toowoomba to ensure compliance with the Residential Tenancies and Rooming Accommodation Act 2008 (Qld). The client may raise any concerns they have with the dwelling either through Ray White Toowoomba’s standard processes under the lease or through BigDog staff directly.

Sharing a home with other people can make renting a more affordable option for tenants. The Residential Tenancies and Rooming Accommodation Act 2008 (QLD) includes provisions which directly affect people sharing rented homes. Tenants in share home arrangements must be aware of their legal rights and responsibilities and the rights and responsibilities of the lessor/agent. BigDog has a Client Grievance Procedure which is implemented in situations where there are conflicts between clients that are living in shared homes.

BigDog recognises that client’s circumstances and needs will change from time to time and as a result, holds regular reviews of the clients support plan to ensure supports are kept current and relevant. These reviews include a discussion of any changes that may be needed to the client’s accommodation and any grievances they have with co-tenants.

If a vacancy arises in a share house, careful consideration is given to the needs, preferences and situation of the current clients living at the property. This consideration is to ensure that any potential new tenant would be a suitable fit and would not cause excessive disruption to the current tenants’ way of life.

BigDog obtains regular feedback from clients and support workers as to how clients who live together are interacting and coping with their co-tenants. This allows BigDog to ensure that clients are comfortable in their own home and allows any behavioural issues to be monitored and recorded. In some instances, it may be necessary for BigDog to move a client

into better suited accommodation if they don’t feel comfortable with the home or their cotenants. If this is required, BigDog ensures that this process occurs as smoothly and timely as possible.

Procedures

NDIS Initial Contact Form

All enquiries are to be entered into the NDIS Initial Contact Form in Google Docs. Information includes the names of the contact and the client, contact details, how did they find out about us, details of the NDIS Plan, support services interested in and next step by meeting or other contact. The form generates an email to all coordinators and tracks the incoming enquiries, contacts and quotes.

Roster of Supports

Provides a summary of supports according the needs of the client for each day, time and period as well as the types of supports required Once this is agreed upon the information can be tabulated and transferred to the calculator.

NDIS Supports Cost and Service Booking Calculator

This is an Excel spreadsheet designed to provide a costing for the supports summarised in the Roster of Supports. The spreadsheet has the NDIS line item prices on a separate tab and uses a drop box to show the line item, a space to record the number of hours per week and the rest of the line automatically populates the total support cost.

The calculator states that this is a quote only and will vary according to funding or variance in supports provided.

The notes section is to record specific items from the Roster of Supports as well as transport, short-term accommodation required and any specific pricing or conditions.

Client signs the calculator to confirm the calculations and booking.

Service Agreements

BigDog ensures compliance with the Terms of Business including: delivering supports in accordance with the established service agreement not charging more than the price caps set in the NDIA Price Guide (except for selfmanaged clients)

not charging cancellation fees, except when specifically provided for in the NDIA Price Guide

declaring relevant prices to clients before delivering a service (including declaring any notice periods or cancellation terms).

Any changes to the Service Agreement are made through a Service Agreement Amendment which both parties must agree to in writing prior to the amendment taking effect.

Summary Service Agreement

The NDIA recommends having a written service agreement so clients and providers are clear about what each party has agreed to.

Service agreements help make sure the client and provider have the same expectations of what supports will be delivered and how they will be delivered.

Making a service agreement is a negotiation between the client and the provider. Clients might involve a nominated person (such as a client’s family member or friend).

A written service agreement is required for Specialist Disability Accommodation supports under the NDIS rules. For other NDIS services, the NDIA does not require written service agreements.

While the NDIA is not a party to service agreements between providers and clients, it will take action if the terms do not align with the NDIS Act 2013 and NDIS Pricing Arrangements and Price Limits.

Australian Taxation Office

Many, but not all, supports provided to NDIS clients are GST-free.

Further information about the NDIS and GST is on the Australian Taxation Office website

Providers should seek independent legal or financial advice if they require assistance with tax law compliance.

Consumer Law

A service agreement between the service provider and client is like any other agreement under Australian Consumer Law.

The Australian Competition and Consumer Commission has information to help businesses that supply goods or services to consumers with disability or to NDIS clients.

Supporting Documents

10.5 Short-Term Accommodation

10.6 Supported Independent Living Forms

Initial Contact Form

Supports Cost and Service Booking Calculator

Roster of Supports

Service Agreement

Service Agreement Amendment

Service Agreement Cleaning

Service Agreement Lawn Maintenance

Service Agreement Short-term Accommodation

Service Agreement Supported Independent Living

Information

A guide to competition and consumer law for businesses selling to and supplying consumers with disability

Human Services Quality Framework October 2021 Version 8

NDIS Practice Standards November 2021 Version 4

NDIS Pricing Arrangements and Price Limits

Service Information

Legislation

Child Protection Reform and other Legislation Act 2022 (QLD)

Disability Services Act 2006 (QLD)

Disability Services and Inclusion Act 2023 (Cwth)

Competition and Consumer Act 2010 (Cwth)

National Disability Insurance Scheme Act 2013 (Cwth)

NDIS (Provider Registration and Practice Standards) Amendment Rules 2021

Powers of Attorney Act 1998 (QLD)

Privacy Act 1988 (Cwth)

Public Guardian Act 2014 (QLD)

Residential Tenancies and Rooming Accommodation Act 2008 (QLD)

NDIS Practice Standards and Quality Indicators

BigDog Support Services Pty Ltd (BigDog) is a registered NDIS provider and is required to apply the scheme’s practice standard and quality indicators.

The standards have been developed to create an important benchmark to assess provider performance and ensure that high quality and safe supports and services are provided to NDIS participants.

The four core modules are:

1.0 Rights and Responsibilities;

2.0 Governance and Operational Management;

3.0 The Provision of Supports; and

4.0 The Support Provision Environment.

The supplementary modules cover:

5.0 Specialist Support

5.1 High intensity daily personal activities.

5.3 Implementing behaviour support plans.

3.3 Service Agreements

Each participant has a clear understanding of the supports they have chosen and how they will be provided.

3.3.1 Collaboration occurs with each client to develop a service agreement which establishes expectations, explains the supports to be delivered, and specifies any conditions attached to the delivery of supports, including why these conditions are attached.

3.3.2 Each client is supported to understand their service agreement and conditions using the language, mode of communication and terms that the client is most likely to understand.

3.3.3 Where the service agreement is created in writing, each client receives a copy of their agreement signed by the client and the provider. Where this is not practicable, or the client chooses not to have an agreement, a record is made of the circumstances under which the client did not receive a copy of their agreement.

3.3.4 Where the provider delivers supported independent living supports to clients in specialist disability accommodation dwellings, documented arrangements are in place with each client and each specialist disability accommodation provider. At a minimum, the arrangements should outline the party or parties responsible and their roles (where applicable) for the following matters:

a) How a client’s concerns about the dwelling will be communicated and addressed;

b) How potential conflicts involving client(s) will be managed;

c) How changes to client circumstances and/or support needs will be agreed and communicated;

d) In shared living, how vacancies will be filled, including each client’s right to have their needs, preferences and situation taken into account; and

e) How behaviours of concern which may put tenancies at risk will be managed, if this is a relevant issue for the client.

Human Services Quality Standards

The Human Services Quality Standards set a benchmark for the quality of service provision. Each Standard is supported by a set of performance indicators which outline what an organisation is required to demonstrate to meet that standard.

2 Service Access

Sound eligibility, entry and exit processes facilitate access to services on the basis of relative need and available resources.

2.2 BigDog has processes to communicate, interact effectively and respond to the individual’s decision to access and/or exit services.

Delegation of Authority

David Burrett Operations Manager Ensure information dissemination

Monique Paull HR Lawyer

Ensure compliance by workers

Version Details

This policy will be reviewed every twelve (12) months unless circumstances deem it necessary to review earlier. The review process will involve an analysis of the usefulness of the policy and to note any changes which are required to improve the policy.

If minor changes are made in wording or to clarify the intent, the version number will indicate this by adding a ‘point’ i.e. Version 1.0 indicates the original version and 1.1 with the first round of minor changes made. A significant change or intent of the policy will be indicated by a whole new number i.e. Version 2.0.

The following rules also apply in interpreting this policy:

• Headings are for convenience only and do not affect interpretation.

• A singular word includes the plural and vice versa.

• A word that suggests one gender includes the other genders.

August 2017

3.0

Included policy statements from existing policies

Added more information in the preamble relating to the HSQF

Changed the policies to procedures

Created an all-inclusive HSQF Policy to address each of the service standards indicators.

Included NDIS references

Returned supporting procedures to supporting policies

Updated Responsible Officers

Included Human Services Quality Standards and Child Protection Act and the term “Participant” is returned to “Client” to allow for policies to cover NDIS and Child Safety.

Services Act 1986 replaced with Disability Services and Inclusion Act 2023 and policy review process included.