SIL Service Agreement

Parties to the Agreement

This Service Agreement is made between the participant (named, with their address and NDIS number) and Disability and Mental Health Care Pty Ltd (ABN 19658578575).

This Service Agreement commences on the agreed date and continues until either you or Disability and Mental Health Care Pty Ltd terminates it in accordance with the termination conditions set out below.

Purpose

The purpose of this agreement is to document the supports provided by Disability and Mental Health Care Pty Ltd under your NDIS plan.

This 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.

Definitions

Disability and Mental Health Care Pty Ltd, us or we means Disability and Mental Health Care Pty Ltd ABN 19658578575.

Participant or you means the NDIS participant as identified on page 1 of this 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.

Services means the services and support you agree for us to provide, and we agree to provide to you.

Board means the services that Disability and Mental Health Care Pty Ltd will provide, which include covering the cost of your food, utilities, and living expenses.

House Rules means the set of regulations related to maintaining peace, enjoyment, and order in the housing unit where you reside, provided we are delivering supported independent living services to you.

Supports and Services

Disability and Mental Health Care Pty Ltd will provide you with services and supports identified in your NDIS Plan. If your plan differs from the details recorded in the NDIS portal, Disability and Mental Health Care Pty Ltd will provide the Services to you according to the details in the NDIS portal.

Together with you and your representative, Disability and Mental Health Care Pty Ltd 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 are in the attached Schedule of Supports.

You and your representative agree to the following:

• Assessment and review of your Plan by Disability and Mental Health Care Pty Ltd.
• Discussion of your Plan with the NDIA and its contractors (like Local Area Coordinators) by Disability and Mental Health Care Pty Ltd.
• Disability and Mental Health Care Pty Ltd's discussions with service providers providing other Support Services.
• Disability and Mental Health Care Pty Ltd's right to claim travel time from your NDIS funds to the extent permitted by NDIS rules and applicable laws.
• Provision of services by Disability and Mental Health Care Pty Ltd 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 Disability and Mental Health Care Pty Ltd's Policies (including our Privacy and Information Management Policy).

Supported Independent Living Services

If the services we agree to provide include Supported Independent Living, please note that there may sometimes be a relationship between Disability and Mental Health Care Pty Ltd and your accommodation provider. We recommend that you feel comfortable with this relationship before signing this Agreement.

If no House Rules are in place at the time we agree to provide Supported Independent Living, Disability and Mental Health Care Pty Ltd will assist you (and other property occupants, if any) in creating and agreeing upon House Rules within the first 3 months. If House Rules already exist, you agree to abide by them.

If we have a relationship with the Accommodation Provider, we will manage any potential or actual conflict of interest by providing clear explanations, reassurances, and information on requesting changes in your accommodation provider.

Consent

Your informed consent is required for the Services provided by Disability and Mental Health Care Pty Ltd. You may withdraw your consent for any specific Service at any time, and the specific Service will cease immediately.

Our Responsibilities

Disability and Mental Health Care Pty Ltd 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 Disability and Mental Health Care Pty Ltd's cancellation policy.
• Provide the participant with details for independent disability advocacy programs in their relevant state or territory.
• Listen to the Participant's feedback and resolve problems quickly.
• Give the Participant a minimum of 24 hours' notice if Disability and Mental Health Care Pty Ltd has to change a scheduled appointment to provide supports.
• Give the Participant the required notice if Disability and Mental Health Care Pty Ltd 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.
• Keep accurate records on the supports provided to the Participant.

In the event of any critical or reportable incidents, Disability and Mental Health Care Pty Ltd will respond according to the NDIS Practice Standards and the NDIS (Incident Management and Reportable Incident) Rules 2018. The following steps will occur in the event of any incident:

• The incident will be reported internally and recorded in the relevant documentation as per our Incident Management Policy. Any emergency services will be contacted if necessary.
• After recording the incident internally, and if deemed appropriate after consulting with the Participant first, the Incident Manager will notify the Participant's families, guardians, and advocates. Please note, Disability and Mental Health Care Pty Ltd has legal and contractual obligations to report critical incidents where participant consent is not required.
• An incident report form will be completed within 24 hours of the incident occurring, and if a reportable incident has occurred, a report will also be sent to the NDIS Commission.

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 and Emergency and Disaster Management Policy.

Responsibilities of the Participant

You and your Representatives agree to:

• Inform Disability and Mental Health Care Pty Ltd about how you wish the Services to be delivered to meet the Participant's needs.
• 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 Disability and Mental Health Care Pty Ltd, and inform us of any concerns you have with any of the Services being provided.
• Treat all Disability and Mental Health Care Pty Ltd's staff, workers and others present during the delivery of support and services with courtesy and respect.
• Give Disability and Mental Health Care Pty Ltd the required notice if you cannot make a scheduled appointment, noting that if the notice is not provided, Disability and Mental Health Care Pty Ltd's cancellation policy will apply.
• Pay all invoices for agreed services, transport and other expenses promptly.
• Let Disability and Mental Health Care Pty Ltd 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 Services

Disability and Mental Health Care Pty Ltd 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 (things that are not funded under your Plan) are your responsibility and to be paid by you.

Payments

Disability and Mental Health Care Pty Ltd will seek payment for their provision of SIL 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, Disability and Mental Health Care Pty Ltd 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, Disability and Mental Health Care Pty Ltd will claim payment from the NDIA.
• Plan managed: if you have nominated a Plan Management Provider to manage the funding for NDIS supports provided under this Service Agreement, after providing the relevant supports, Disability and Mental Health Care Pty Ltd will claim payment for those supports from the Plan Management Provider.

Board payments

Should Disability and Mental Health Care Pty Ltd provide you with Board under this Agreement, the following terms regarding Board Payments will apply unless we have an alternative arrangement on how your Board Payment will be calculated:

• It will be an amount equivalent to 50% of the base rate of the Disability Support Pension you receive, plus 100% of any energy supplement you get.
• If you are not a recipient of the Disability Support Pension, your Board Payment will be computed as if you were. This means it will be 50% of the base rate of the Disability Support Pension you would be eligible for, along with 100% of the energy supplement you would receive under the same eligibility.
• Due to the percentage-based calculation, your Board Payment will adjust in accordance with changes to the Disability Support Pension or the energy supplement. You consent to paying any increases upon notification from Disability and Mental Health Care Pty Ltd, who will inform you at least 14 days before the changes take effect.

You agree to contribute a percentage of the Commonwealth Mobility Allowance you receive towards your use of transport provided by Disability and Mental Health Care Pty Ltd. Your agreed percentage is 100%. If you're not eligible for the Commonwealth Mobility Allowance or it doesn't cover the costs of your transport usage, you agree to pay Disability and Mental Health Care Pty Ltd based on your usage.

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.
• 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 Disability and Mental Health Care Pty Ltd is travelling to deliver the support; or
• Have given less than seven days' notice of cancellation for a support.

Disability and Mental Health Care Pty Ltd will only charge for a short notice cancellation (or no show) for support items where the price guide allows short notice cancellation claims, and when they cannot find other billable work for the relevant worker and must pay the worker for their time.

The NDIS monitors short notice cancellations and may contact Disability and Mental Health Care Pty Ltd about participants with a high number of cancellations. Disability and Mental Health Care Pty Ltd 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 0488 114 368.

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

Disability and Mental Health Care Pty Ltd reserves the right to terminate this Service Agreement immediately under the following circumstances:

• If you cease to possess a source of individualised government funding (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 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 Disability and Mental Health Care Pty Ltd.
• If changes in your condition result in the need for supports or services that exceed the skills and expertise of our staff or would require services that we lack the capacity to provide.
• If there has been no contact between you and Disability and Mental Health Care Pty Ltd for a period of 2 months.
• If you or members of your support network engage in behaviour deemed unacceptable, 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 Work Health and Safety Policy.
• If you fail to pay the fees due by the specified due date under this Agreement.

In instances where we are providing Supported Independent Living, termination may also occur if:

• You engage in an illegal activity within your residence.
• The Accommodation Provider terminates your access to your accommodation.
• Disability and Mental Health Care Pty Ltd deems it unsafe to support you at the property due to a serious risk of harm to you, other residents, staff, or a violation of workplace health and safety obligations.

Complaints and Feedback

If the Participant wishes to give Disability and Mental Health Care Pty Ltd 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.
• Verbally by telephone to 0488 114 368.
• In writing, using our 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 on 1800 035 544 or TTY 133 677 (interpreters can be arranged), through the National Relay Service asking for 1800 035 544, or by visiting the NDIS Commission's complaints page and filling out a complaint contact form.

Agreement Signatures

The Agreement is executed with the date, signed for and on behalf of Disability and Mental Health Care Pty Ltd ABN 19658578575, by the Participant, and by the Representative, each with their printed name.

For internal use, a fully signed version of the Agreement should be provided to the Client; if this has not occurred, a record is made of the circumstances.

Annexure A: Schedule of Supports

One row per support: the support item, description of support, price per unit, number of units, how the support will be provided, start date, end date, total, and comments; with total budgets recorded as NDIA managed, plan managed and self-managed. Signed and dated by the Participant and on behalf of Disability and Mental Health Care Pty Ltd.

Annexure B: Change to Schedule of Supports

One row per change: the change number, type of change, the support it relates to, details of the change, the date effective, the change in budget, the total new budget, payment information, and comments. Each change is signed and dated by a Disability and Mental Health Care Pty Ltd representative and by the Participant or their Representative.

Version	1