Changes incorporated into Service Agreements version 5.0

Public notice
Public notice: In response to communications between OPA staff and stakeholders, the following changes to OPA’s Service Agreements have been made.
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Version 5.0

  1. Provider Terms and Conditions – 3.3.3 broadened to include lawful, fair and reasonable service provider Terms and Conditions that may not be NDIS Quality and Safeguarding requirements.
     
  2. Compensation and private payment arrangements – 3.5.5  added to enable a guardian to agree to a NDIS services and payment with NDIS funding, but service only (not payment arrangements) where private funding arrangements including compensation are in place. Minor related amendments to Schedule 2 and Appendix 1.
     
  3. Service Provider Engagement Date – added to Schedule 1 to clarify the term of the agreement under clause 2.1 when a new provider commences delivering services mid-plan.  This change will better support Plan Managers with paying invoices where there has been a change of provider.
     
  4. Conflict and Precedence provisions –  3.4.4A extended to prevent Provider’s Terms and Conditions taking precedence over OPA’s requirement at 8.8 that any sub-contracting arrangements must be agreed by the Guardian in writing.
     
  5. Definitions  - extended to include ‘Compensation Reduction Amount’ and  ‘Engagement Date’.
     
  6. Participant specific annexure – previously at 3.3.5 in the Miscellaneous Services, Home and Living with Occupancy and Support Coordination service agreements has been removed.  Where required this information can more appropriately be included in Appendix 1.
     
  7. Minor typographical errors - corrected.
     
  8. Plan Management Service Agreement – The following changes have been made to provide increased clarity that each party is responsible for their own actions or inactions and not the actions or inactions of others.      Increased clarity that parties must comply with legislative requirements and NDIS policy.
     
    1. 3.3.3A has been adjusted to clarify that the Participant and the Guardian will not be liable for overspends when acting reasonably and in good faith (previously stated not responsible for overspends).
       
    2. 3.3.8 has been adjusted to clarify that the Plan Management Provider is responsible for their own actions and not the actions of other stakeholders.
       
    3. 3.1.9 has been added to require the Plan Manager to comply with all statutory, government and legal requirements and deliver a service which is compliant with NDIS requirements, policies and procedures.       The clause had been omitted in the Plan Management Service Agreement and this change is consistent with broad requirements across the suite of OPA service agreements.

Version 4.0

  1. Indemnity – Remove third party indemnitees and narrow and simplify scope.
  2. Conflict and Precedence provisions – Extended to prevent Provider’s Terms and Conditions taking precedence over the provider responsibilities stated at 3.2 and the indemnity stated at 3.7.
  3. Annexure to service agreement - 3.3.4 has been updated to further clarify how to annexe Provider’s Terms and Conditions to a service agreement.  An annexure template (WORD, 16KB) has been created.
  4. Definitions - Remove ‘Personnel’ as not referred to in the body of the document.  Add ‘Funding Period’ and ‘Plan Extension’.  Modify ‘End Date’, ‘Start Date’ and  ‘Terms and Conditions’.
  5. Provisions of service agreement – The terms and conditions of the service agreement are now referred to as provisions.  This change has been made to differentiate between the provisions of the service agreement and any Provider Terms and Conditions that may be annexed to the service agreement.
  6. Funding periods – include in 3.2.4 a requirement that the Provider will charge the Participant according to the applicable Funding Period set by the NDIA.
  7. Participant understanding of information – the words ‘to the extent possible’ have been added to 3.3.2 to accommodate variance in participant capability, particularly where very minimal comprehension may be possible.
  8. Participant goals - 3.4.1 adjusted to reflect that Participant goals to can be provided by the Support Coordinator or Guardian.
  9. Schedule 2 – The ‘Note’ on Schedule 2 has been adjusted to refer to the ‘Plan period applicable to the Service Provider’ not the ‘entire Plan’ period.
  10. Plan rollover – Schedule 2 wording adjusted to provide for carry forward of funds at plan rollover. This is required where original plan did not use an OPA service agreement, so an OPA Service Agreement Amendment Schedule is not relevant.
  11. Appendix 1 – Addition of a sentence before the table to explain the purpose of Appendix 1 (given that information is similar to Schedule 2). Adjustment to table headers for additional clarity and to add Funding Periods in final column.
  12. SDA Service Agreement - 3.2.3.A has been added to accommodate a Service Provider business model where a zero cost SDA service may be provided to the Participant pending a Home and Living decision from the NDIA.

Versions 1-3

  1. Service Agreements – were created from the original service deed documents for ease of executing the documents in Western Australia.
  2. Insurance – the provisions in 4 were changed to align with the expectations set out in NDIS Practice Standards and Quality Indicators. Reference to insurance requirements was deleted from Schedule 1.
  3. Provider information and business decisions –  3.3.3 and 3.4.4 was added to allow providers to annexe business specific information, including demonstrating how they meet NDIS Quality and Safeguarding requirements, to an OPA Service Agreement.
  4. Participant specific information and decisions –  3.3.5 was added to enable participant specific decisions to be annexed to the OPA Service Agreement where required (if this is necessary above inclusion in Appendix 1,  Schedule of Supports).  3.3.5A and 3.3.5B were added to clarify responsibility where NDIS funds may be overspent and ongoing requirements that all terms and conditions must remain Lawful, fair and reasonable.
  5. Provider Terms and Conditions –  3.4.4 was strengthened with addition of the word Lawful in the requirement that Provider terms and conditions must be Lawful, fair and reasonable. 3.4.4A was added to clarify the conflict and precedence provisions of 3.4.4.
  6. Pricing arrangements – 3.2.5 was updated to include a reference to notional pricing.   8.1.1 was updated to include a reference to indexation which clarifies and aligns with 3.2.5.
  7. Definitions –  definitions for  Service Agreement, Terms and Conditions and  Indexation were added. Deed was deleted.
  8. Planned and coordinated transition between providers – the word possible has been added to 3.3.11 to align with NDIS Practice Standards and Quality Indicators.
  9. Supporting participant understanding of information – the word best has been added to 3.3.1 to accommodate variance in participant understanding, particularly where very minimal understanding may be possible.
  10. SDA Service Agreement
    1. the participant termination notice period in 7.1 has been changed to 90 days to align with the service provider requirement for termination notice period in 7.3.
    2. A requirement to provide the SDA property address has been added to page 1 of the OPA Service Agreement.
    3. 3.3.11 has been added to meet NDIS Practice Standards and Quality Indicator requirements that where SIL and SDA are funded in the participant’s plan the roles and responsibilities of the SIL and the SDA provider must be agreed and outlined.
    4. An SDA Service Agreement Amendment Schedule has been added to the suite of service agreements to enable the SDA service agreement to be amended across NDIS plan periods to align with a Residential Tenancy Agreement.
  11. Home and Living (with Occupancy Rights) Service Agreement – 3.3.12 has been added to meet NDIS Practice Standards and Quality Indicator requirements that where SIL and SDA are funded in the participant’s plan the roles and responsibilities of the SIL and the SDA provider must be agreed and outlined.
  12. Editing
    1. Re-numbered clauses to accommodate  the addition of new paragraphs.
    2. Changes to descriptors in the Parties table on page 1 of each OPA Service Agreement to increase clarity.
    3. Minor editing changes to address typographical errors.
    4. Plan Management Service Agreement – Global editing change wherein the organisation is referred to as Plan Management Provider  and the worker is referred to as Plan Manager.
    5. Support Coordination Service Agreement – Global editing change wherein the organisation is referred to as Support Coordination Provider  and the worker is referred to as Support Coordinator.

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