Service Deeds - National Disability Insurance Scheme for service providers

Miscellaneous Services Deed

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) Deed

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 deed (no need to complete two deeds).

• 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 Deed

To be completed, with schedule, where funded Support Coordination is included in the plan. No other supports to be included in this deed.

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

Plan Management Deed

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

• Capacity Building Support – Plan Management only.

Specialist Disability Accommodation Deed 

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 deed.

• Capital Supports – Supported Disability Accommodation only.

Deed 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 deed or to extend a deed’s existing services to cover new plan dates.

A deed amendment schedule is not available for Specialist Disability Accommodation, please complete a new deed.

Signing OPA’s service deeds 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 requires service providers to deliver person centred supports. Understanding the participant’s legal and human rights and incorporating these into everyday practice (eg signing service deeds) can contribute to demonstrating person centred support for persons for whom the Public Advocate is guardian.

Choice and Control is an 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 service deeds contributes to both choice and control in the NDIS marketplace, and adult safeguarding measures for people represented by the Public Advocate.

Who will populate the service deed?

Generally, the service provider, together with the support coordinator, will work together to complete a service deed.

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 service deeds.

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

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

A separate deed 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 deed then you can choose to include multiple of these services in the deed or complete a separate deed for each service as you prefer.  
 

Why did OPA develop a system of service deeds when providers will generally prepare a service agreement?

OPA developed a system of service deeds 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 service agreements that guardians are asked to sign on behalf of the people they represent.

Some 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 service agreements.  The introduction of service deeds at OPA 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 deed?

Your decision to support OPA’s system of service deeds, 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 on basis of 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 deeds faster than service agreements?

The introduction of OPA’s system of service deeds 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 service deeds allow service providers to enforce their service provider terms and conditions?

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

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, broadly there are 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 deed, however requests can be made at any time.

Can service provider obligations under the NDIS Practice Standards be met through the service deeds 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 met through service deeds. This is reflected in the service deeds.

What if we are audited and cannot produce our 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 deeds 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 introduction of service deeds 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 deed 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 the service deeds to broadly 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 deed, can the guardian sign our service agreement as well?

No, the deed is signed in place of a service agreement.

Progressive implementation of service deeds is occurring with the engagement of service providers. Service deeds are available for immediate use and will be a requirement as of 31 March 2025 for the engagement of new service providers for the represented person.

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

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

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

What is a Deed Amendment Schedule?

A Deed 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 deed or to extend a deed to cover services in a new plan.

You can complete a Deed Amendment Schedule if:

• There is a co-signed Support Coordination, Plan Management, Miscellaneous Services or Home and Living with Occupancy Rights Deed in place; and
• The guardian has agreed to the continuing or varied services.

The deed amendment schedule must set out all services to be provided to the participant during the relevant plan period and specify timeframes for the amendment.

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

You are receiving copies of deeds and deed 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 (in this case, deeds) for services that reflect their goals and needs and fit within their NDIS plan budget.

Within seven days of receiving a deed or deed amendment schedule signed by the provider, please review the plan dates in Schedule 1, and the details of services in Schedule 2 of the deed, or the details of the Deed 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 deed has already been signed by the provider, you may not make any changes to the details of the deed yourself.
• If/when there are no issues, complete the ‘Support Coordinator’s Confirmation’ on the final page of the deed of the deed 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 3.3.5 of the Support Coordination Services Deeds entered into after the introduction of the system of service deeds by OPA in early 2025.

The guardian will not sign the deed until after they receive confirmation of your review.

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

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