Service Agreements - National Disability Insurance Scheme for service providers

Miscellaneous Service/s Agreement

General supports that are not included in specific OPA Service Agreements.

To be completed for delivery of most support items including:

• Core Supports such as Assistance with Daily Life, Assistance with Social, Economic and Community Participation, Consumables and Transport.
• Capacity Building Support all supports except for Support Coordination and Plan Management.
• Capital Supports all supports except for Supported Disability Accommodation.

Home and Living (with Occupancy Rights) Service Agreement

To be completed where Home and Living Supports are funded in the plan and support delivery includes occupancy rights. Miscellaneous supports can also be included in this service agreement (no need to complete two service agreements).

• Core Supports such as Short-Term Accommodation, Medium-Term Accommodation; Individualised Living Options; Supported Independent Living; Assistance with Social, Economic and Community Participation; Consumables, and Transport.
• Capacity Building Support all supports except for Support Coordination and Plan Management.
• Capital Supports all supports except for Supported Disability Accommodation.

Support Coordination Service Agreement

To be completed where funded Support Coordination is included in the plan. No other supports to be included in this service agreement.

• Capacity Building Support – Specialist Support Coordination, Support Coordination and/or Recovery Coach only.

Plan Management Service Agreement

To be completed, where funded Plan Management is included in the plan. No other supports to be included in this service agreement.

• Capacity Building Support – Plan Management only.

Specialist Disability Accommodation Service Agreement 

To be completed where a specially designed house for people with extreme functional impairment or very high support needs is funded in the plan. No other supports are to be included in this service agreement.

• Capital Supports – Supported Disability Accommodation only.

Service Agreement Amendment Schedules

To be completed to change the details of services to be provided to the participant set out in Schedule 2 of an existing service agreement or to extend a service agreement’s existing services to cover new plan dates.

Signing OPA’s Service Agreements demonstrates your commitment to tailoring your services to meet the needs of the population of NDIS participants who have guardianship in place.

The NDIS Practice Standards require service providers to deliver person centred supports. Understanding the participant’s legal and human rights and incorporating these into everyday practice (eg signing OPA’s Service Agreements) can contribute to demonstrating person centred support for persons for whom the Public Advocate is guardian.

Choice and Control is a NDIS concept that means a participant’s right to make decisions about what is important to them and to decide how they would like to receive their supports and from whom.

The Guardianship and Administration Act 1990 requires the Public Advocate as guardian to make substitute decisions in the best interests of a represented person. The Convention of the Rights of Persons with Disability (CRPD) at Article 12 Convention on the Rights of Persons with Disabilities requires that the will and preference of a person must be respected even where a substitute decision-maker is appointed.

Guardians consider the will and preference of the individual when making NDIS services decisions in the best interests of that person. This approach assists to alleviate the natural tension between substitute decision-making and the NDIS concept of choice and control. It contributes to the contemporary approach to disability Australia has ratified as a signatory to the CRPD.

Strengthening the quality of agreements between participants and their selected NDIS service providers to appropriately reflect the circumstances of participants under guardianship, broadly contributes to adult safeguarding. Safeguarding involves actions and measures designed to respond to risk and protect people from violence, abuse, neglect and exploitation.

Providers use of OPA’s Service Agreements contributes to both choice and control in the NDIS marketplace, and adult safeguarding measures for people represented by the Public Advocate.

How can I include my business specific decisions, including those that demonstrate that my organisation meets NDIS regulatory requirements, in an OPA Service Agreement?

Service providers are invited to annexe their Terms and Conditions to a participant’s service agreement to enable their business practice decisions to form part of the service agreement and demonstrate compliance with NDIS Practice Standards specific to their business.

OPA’s Service Agreements do not contain individual business specific information. Service providers are invited to add this information through an annexure to the participant’s service agreement. OPA’s Service Agreements align with relevant Commonwealth and State legislation as well as NDIS policies and procedures – mainly NDIS Pricing Arrangements and Price Limits and NDIS Practice Standards and Quality Indicators.  Practice embedded in scheme design, such as broader roles and responsibilities are also reflected in OPA’s Service Agreements.

Service providers can make their Terms and Conditions available to the OPA by providing a link to them on the service provider’s own website or provide a copy with each participant’s service agreement.

Can I annexe my organisation’s service agreement to the OPA Service Agreement?

No, a provider’s service agreement will not be accepted as an annexure to an OPA Service Agreement.   OPA’s Service Agreements replace provider service agreements, the two documents do not interact or work alongside each other.

My organisation’s service agreements run in perpetuity (without an end date) can this continue with OPA’s Service Agreements?

Yes, you can include this condition in your Terms and Conditions annexed to the participant’s OPA Service Agreement.  If the participant’s circumstances are such that it is a Lawful, fair and reasonable condition that the service agreement is continuous, this condition will override the end date described in clause 2.1 of the OPA Service Agreement.  When you provide the plan end date in Schedule 1 of the OPA Service Agreement, it is appropriate that you also state that the Service Agreement is ongoing.

The service agreement termination clauses are stated at section 7of  OPA ‘s Service Agreement (or section 8 of OPA’s Support Coordination Service Agreement).  The termination clauses will apply should either party wish to cease the service.

Who will populate the OPA Service Agreement?

Generally, the service provider, together with the support coordinator, will work together to complete a OPA Service Agreement.

Where the Public Advocate is guardian, participants generally meet the reasonable and necessary criteria for the inclusion of support coordination in their plan.  Should NDIA’s approach to support coordination change, OPA will make any related changes necessary to the system of OPA’s Service Agreements.

A support coordinator can complete a OPA Service Agreement on behalf of another service provider, but they cannot sign the OPA Service Agreement for the other service provider. This is because the OPA Service Agreement is an agreement between the service provider and the participant. The support coordinator is not a party to an OPA Service Agreement.

Do I have to fill out a separate OPA Service Agreement for each NDIS service my organisation provides?

A separate OPA Service Agreement is required for each of Plan Management, Support Coordination and Specialist Disability Accommodation.

If you provide more than one service that is included in either of the Miscellaneous Services or the Home and Living with Occupancy Rights service agreements then you can choose to include multiple  services in a single service agreement or complete a separate service agreement for each service, as you prefer.

Do OPA Service Agreements mean that more accurate information about plan budgets will be available?

Conversations between OPA staff and NDIS service providers about OPA Service Agreements have highlighted the need for increased focus on monitoring plan budgets, particularly when a participant is transitioning between providers or multiple providers are drawing from the same plan budget.  This is a legacy issue from provider service agreements which is not resolved by OPA Service Agreements.  A more collaborative and communicative approach between all stakeholders including the support coordinator, the plan manager, service providers and the guardian is encouraged to collectively better align supports with available plan budgets.

Over time, the continued roll out of PACE and strengthened Payments Systems within NDIA, are expected to assist the timeliness and accuracy of monitoring plan budgets.

Do I need to sign additional forms when I change the employee responsible for the NDIS service within my organisation?

No, the OPA Service Agreement is between the Public Advocate on behalf of the participant and the service provider and remains binding regardless of changes in the staff providing the service, or the delegated guardian making NDIS services decisions.

Why did OPA develop its own service agreements when providers generally have their own service agreements?

OPA developed their own system of service agreements to support a greater shared understanding between guardians and service providers about:

• The NDIS services being purchased by the participant and how these services will be delivered within budget.
• The scope of authority of a guardian in making NDIS service decisions for a participant represented by the Public Advocate - financial matters or terms relating to the conduct of a participant are outside the remit of a guardian.

Since the gradual roll of out of the NDIS began in 2013 all states and territories have experienced numerous difficulties in agreeing to the many and varied provider service agreements that guardians are asked to sign on behalf of the people they represent.

Some provider service agreements may contain terms that may not be in the best interests of the participant. The Guardianship and Administration system in Western Australia is based on a best interests principle, meaning guardians may be unable to agree to such terms.

For several years Western Australia has been the only state/territory to routinely sign provider service agreements.  The introduction of OPA’s Service Agreements aligns with contemporary guardianship practice across Australia and will help to address concerns raised by service providers about OPA’s processing of service agreements, when fully implemented.

Why should I sign an OPA Service Agreement?

Your decision to support OPA’s system of service agreements, demonstrates a level of understanding surrounding the complexities of a participant’s legal and human rights when the Public Advocate is appointed guardian for the participant. It demonstrates your commitment to the person-centred approach, that is required in the NDIS Practice Standard and enables extremely vulnerable participants access to your services without exclusion based on the need for guardianship services provided by the Public Advocate.

The intersection between legal and human rights, the NDIS, and guardianship can be complex. OPA works closely with NDIA to protect the rights and welfare of participants represented by the Public Advocate.

Does this mean guardians will return signed service agreements faster?

The introduction of OPA’s system of service agreements is a service improvement which, together with the implementation of new ICT system later in 2025, is expected to support the timely execution of documents as the new system is bedded down.

Does the system of OPA’s service agreements allow service providers to enforce their own terms and conditions?

Yes, service provider terms and conditions can be enforceable as set out in part 3.4.4 of each OPA service agreement.

Will OPA sign a media consent form?

The Public Advocate will complete media consent forms where plenary orders are in place. Unless the Public Advocate is appointed plenary guardian, there is generally no authority in place to make a decision in relation to media consents.

When a represented person/participant is making their own decision about media consent, there are broadly no issues with the person being included in photographs and having these displayed where:

• The person has agreed to have their photograph taken and displayed.
• There is nothing to identify that the person is subject to a guardianship order.
• No reference is made to the Office of the Public Advocate.

Will the guardian still sign consent forms related to NDIS services?

Yes, a guardian can sign consent forms related to the delivery of NDIS services if this is in the best interests of the represented person/participant.

At times consent forms will be required during delivery of NDIS services. For example, a Supported Independent Living (SIL) provider may, while delivering SIL supports, need to release or request information from a General Practitioner or a Pharmacist. It is appropriate that this type of consent request is made by the service provider at the time of executing the service agreement, however requests can be made at any time.

Can service provider obligations under the NDIS Practice Standards be met through the OPA service agreements system?

Yes. OPA worked with a small group of service providers to identify where provider obligations under the NDIS Practice Standards may be most appropriately demonstrated through OPA Service Agreements. This is reflected in the service agreements, including the functionality for providers to annexure their own terms and conditions to an OPA Service Agreement.

What if we are audited and cannot produce our organisation’s signed service agreement?

It is not a legal or policy requirement that a provider’s own service agreement be signed for services to be delivered.  OPA’s Service Agreements comply with NDIA’s policies and procedures related to service delivery and can be produced for auditing purposes.

OPA’s change in practice to the system of OPA’s service agreements has been communicated with the NDIS Quality and Safeguards Commission and the NDIA.

Why should I support this change when it does not directly align with my ICT system or docu-sign?

Signing an OPA Service Agreement demonstrates your commitment to a person-centred approach to the administrative needs of the NDIS participant.

OPA has responded to service provider feedback given during the development of OPA’s service agreements to improve compatibility with broad provider ICT systems.  OPA will consider further provider feedback if received and address provider compatibility issues wherever possible.

If we sign a OPA Service Agreement, can the guardian sign our service agreement as well?

No, the OPA Service Agreement is signed in place of a provider’s service agreement.

Where a variation to an existing provider service agreement is required, your guardian will work with you to determine whether a OPA Service Agreement or provider service agreement variation is most appropriate.

Do I need to complete a OPA Service Agreement Amendment Schedule when NDIA apply indexation to the NDIS Pricing Arrangements and Price Limits?

No.  The OPA Service Agreement requires that the service provider will charge the participant in accordance with the NDIS Pricing Arrangements and Price Limits and not more than the current price limit for the support item (see clause 3.2.5).  A service agreement amendment schedule is not required when indexation is applied.

There is already an OPA Service Agreement in place but now the services which the participant needs have changed.  Do I need to prepare a new  OPA Service Agreement?

No.  If there is agreement to change the details of services to be provided to the participant, you can prepare and sign a service agreement amendment schedule.

What is a Service Agreement Amendment Schedule?

A Service Agreement Amendment Schedule is used to change the details of services to be provided to the participant which are set out in Schedule 2 of an existing OPA Service Agreement or to extend an OPA Service Agreement to cover services in a new plan.

You can complete a Service Agreement Amendment Schedule if:

• There is a co-signed OPA Service Agreement in place; and
• The guardian has agreed to the continuing or varied services.

The Service Agreement Amendment Schedule must set out all services to be provided to the participant during the relevant plan period and specify timeframes for the amendment.

Does a support coordinator have increased responsibility when an OPA Service Agreement is in place instead of a provider service agreement?

The responsibilities of a support coordinator are the same regardless of whether they are supporting the participant to plan and coordinate their supports through negotiation of an OPA Service Agreement  or a provider’s service agreement. The National Disability Insurance Agency defines the role and responsibilities of a support coordinator What your support coordinator should do. Any changes to the support coordination role or framework may be determined by the NDIA and is not associated with OPA service agreements as this is outside the remit of the OPA.

Support coordinators are required to carry out their due diligence to coordinate supports within budget which can be assisted by a collaborative approach between other service providers and plan intermediaries.

Is additional NDIS support coordination funding available to set up an OPA Service Agreement?

It is not expected that setting up an OPA Service Agreement will attract an increase in support coordination funding by the NDIA in consideration of application of the ‘reasonable and necessary’ criteria at Section 34 of the National Disability Insurance Scheme Act 2013.

Service providers may experience administrative costs at the outset as they transition to OPA Service Agreements.  Administrative costs are generally absorbed as operating costs rather than ‘reasonable and necessary’ supports to help a participant to achieve their NDIS goals.

An OPA Service Agreement performs the same function as a provider’s service agreement and is set up in place of a provider’s service agreement to support a participant to use their NDIS plan.

I am a support coordinator.  Why am I receiving copies of OPA Service Agreements relating to other services and what do I need to do with them?

You are receiving copies of OPA Service Agreements  and OPA Service Agreement  Amendment Schedules relating to other services to make it easier for you to carry out your functions and responsibilities towards the participant.  This includes helping the participant to engage providers and set up service agreements for services that reflect their goals and needs and fit within their NDIS plan budget.

Within seven days of receiving an OPA Service Agreement or an OPA Service Agreement Amendment Schedule signed by the provider, please review the plan dates in Schedule 1, and the details of services in Schedule 2 of the service agreement, or the details of the service agreement amendment schedule.

• If you identify any errors or issues in relation to the proposed services or the availability of funding, note them in the ‘Support Coordinator’s Comments ‘field on the ‘Support Coordinator’s Notion’. Work with the service provider to resolve the issues.
• Please note that as the OPA Service Agreement has already been signed by the provider, you may not make any changes to the details of the service agreement yourself.
• If/when there are no issues, complete the ‘Support Coordinator’s Notation’ towards the end of the OPA Service Agreement or the Service Agreement Amendment Schedule to confirm that, to the best of your knowledge, the details in schedule/s are accurate, appropriate and compatible with the participant’s NDIS plan.

These responsibilities are set out in clause 3.3.6 of the Support Coordination Service Agreement.

The guardian will not sign the OPA Service Agreement until after they receive confirmation of your review.

You will receive a copy of the co-signed service agreement for your records.

If the participant has a plan manager, the support coordinator will send the plan manager a copy of all co-signed service agreements and service agreement amendment schedules for plan managed supports.