NDIS Service Agreement Template for Support Workers

NDIS Service Agreement

Document ID: TR-NDISSA-2024-001 Effective Date: [____/____/2026]

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Instructions for Use

• This agreement must be completed jointly by the NDIS Participant (or their Authorised Nominee) and the Support Worker prior to the commencement of any services. All parties must retain a signed copy.
• This document, along with all mandatory attachments, must be retained securely by both the Participant/Nominee and the Support Worker for a minimum period of seven (7) years from the date of the last service delivery under this agreement.
• Mandatory attachments include: the Participant's current NDIS Plan relevant to the services, a copy of the Support Worker's NDIS Worker Screening Clearance, Working with Children Check (if applicable), relevant qualifications, and proof of professional indemnity and public liability insurance (if the Support Worker is an independent contractor).

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1. Parties to the Agreement

This Service Agreement (the "Agreement") is made between:

The NDIS Participant / Authorised Nominee (the "Participant"):

• Full Name: [__________]
• Date of Birth (Participant): [____/____/____]
• NDIS Reference Number: [__________]
• Address: [__________] [__________] [__________]
• Phone: [__________]
• Email: [__________]

If an Authorised Nominee is acting on behalf of the Participant:

• Nominee Full Name: [__________]
• Relationship to Participant: [__________]
• Address: [__________] [__________] [__________]
• Phone: [__________]
• Email: [__________]

The Support Worker (the "Worker"):

• Full Name: [__________]
• ABN (if applicable): [__________]
• Address: [__________] [__________] [__________]
• Phone: [__________]
• Email: [__________]
• NDIS Worker Screening Check ID: [__________]
• Working with Children Check ID (if applicable): [__________]

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2. Purpose of the Agreement

This Agreement outlines the terms and conditions under which the Worker will provide disability support services to the Participant under their National Disability Insurance Scheme (NDIS) Plan. It details the services to be provided, the responsibilities of each party, payment terms, and other key operational aspects to ensure high-quality, safe, and participant-centred support.

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3. NDIS Plan Details and Funding Management

• NDIS Plan Start Date: [____/____/____]

• NDIS Plan End Date: [____/____/____]

• Funding Management Type: (Select one)

  • [ ] Self-Managed: The Participant (or their Nominee) is responsible for managing and paying the Worker directly.
  • [ ] Plan-Managed: A registered Plan Manager is responsible for managing and paying the Worker.
    • Plan Manager Name: [__________]
    • Plan Manager Contact: [__________]
  • [ ] Agency-Managed: The National Disability Insurance Agency (NDIA) directly pays registered NDIS providers. (Note: This agreement assumes the Worker is either self-employed or directly contracted by the Participant. If Agency-Managed, this agreement may need adaptation or be superseded by a provider's agreement with the Participant.)

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4. Services to be Provided

The Worker agrees to provide the following NDIS supports as outlined in the Participant's NDIS Plan, within the agreed-upon hours and scope.

• Total Estimated Hours/Units per Week/Month: [__________]
• Agreed Service Schedule: [__________] [__________] (e.g., "Monday, Wednesday, Friday 9:00 AM - 12:00 PM")
• Travel Costs:
  • [ ] Travel costs are included in the hourly rate.
  • [ ] Travel costs are charged separately at $[__________] per kilometre.
  • [ ] Other travel arrangements: [__________]
• Non-Face-to-Face Support: Time spent on activities directly related to service delivery (e.g., preparing reports, scheduling, communication with other supports) may be charged at the agreed hourly rate, subject to NDIS Price Guide limits.
  • [ ] Agreed. Maximum [__________] minutes per week/month.
  • [ ] Not agreed.

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5. Pricing, Payments, and Invoicing

• Hourly Rate: The agreed hourly rate for services is $[__________] per hour. This rate is inclusive of superannuation, tax, and any other relevant costs for the Worker (if an independent contractor). This rate will not exceed the current NDIS Price Guide limits for the relevant support item, unless explicitly agreed for non-standard services or conditions.
• Payment Terms:
  • Invoices will be submitted [ ] Weekly [ ] Fortnightly [ ] Monthly [ ] Other: [__________].
  • Payment is due within [__________] business days of receiving a valid invoice.
  • Invoices will include: Worker's name, ABN (if applicable), Participant's name, NDIS Reference Number, date(s) of service, NDIS line item(s), description of service, hours/units, rate, and total amount.
• Cancellation Policy:
  • If the Participant cancels a scheduled service with less than [__________] business days' notice, the Worker may charge [__________]% of the agreed fee for the cancelled service, up to 100% and in line with NDIS Price Guide rules.
  • If the Worker cancels a scheduled service, they will provide [__________] business days' notice where possible and work with the Participant to reschedule.
• No Show Policy: If the Participant does not attend a scheduled service without notice, the Worker may charge [__________]% of the agreed fee for the missed service, up to 100% and in line with NDIS Price Guide rules.

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6. Responsibilities of the Participant / Nominee

The Participant (or their Nominee) agrees to:

• Provide the Worker with all necessary information to deliver the services safely and effectively, including relevant details from their NDIS Plan.
• Notify the Worker of any changes to their NDIS Plan, goals, or support needs promptly.
• Treat the Worker with respect and provide a safe working environment.
• Communicate any concerns or complaints regarding the services in a timely manner.
• Adhere to the agreed cancellation and no-show policies.
• Ensure timely payment of invoices in accordance with Section 5.

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7. Responsibilities of the Support Worker

The Worker agrees to:

• Provide services in a professional, ethical, and person-centred manner, upholding the rights and dignity of the Participant.
• Adhere to the NDIS Quality and Safeguards Commission's NDIS Code of Conduct and Practice Standards.
• Deliver services competently, safely, and in accordance with the Participant's NDIS Plan and individual support needs.
• Maintain appropriate qualifications, training, and valid NDIS Worker Screening Clearance and Working with Children Check (if applicable).
• Maintain strict confidentiality regarding the Participant's personal information and circumstances (see Section 9).
• Report any incidents, accidents, or concerns regarding the Participant's safety or wellbeing to the Participant/Nominee and, where required, to the NDIS Quality and Safeguards Commission.
• Communicate any changes in their availability or ability to provide services in a timely manner.
• Maintain accurate records of services provided.
• Act with honesty, integrity, and transparency in all dealings with the Participant.

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8. Term and Termination

• Commencement Date: This Agreement commences on [____/____/2026].
• Term: This Agreement will continue until [____/____/2026] or until terminated by either party in accordance with the provisions below. It may be reviewed and renewed by mutual agreement.
• Termination by Notice: Either party may terminate this Agreement by providing [__________] business days' written notice to the other party.
• Immediate Termination: This Agreement may be terminated immediately by either party if:
  • There is a serious breach of the NDIS Code of Conduct.
  • There is a serious breach of confidentiality or privacy.
  • The NDIS Plan is revoked, suspended, or its funding for the relevant supports is exhausted.
  • There is a demonstrated risk to the safety or wellbeing of the Participant or the Worker.
  • Legal requirements for service delivery (e.g., worker screening) are no longer met.
• Outstanding Payments: Upon termination, any outstanding payments for services rendered up to the date of termination must be settled within [__________] business days.

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9. Privacy and Confidentiality

• Both parties agree to uphold the privacy and confidentiality of all personal and sensitive information exchanged during the course of this Agreement, in accordance with Australian privacy laws (including the Privacy Act 1988 Cth) and the NDIS Act 2013.
• The Worker will only collect, use, and disclose the Participant's information as necessary for the provision of NDIS supports, or as required by law (e.g., incident reporting to the NDIS Quality and Safeguards Commission).
• Personal information will be stored securely and only accessible to authorised individuals.

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10. Complaints and Dispute Resolution

• Informal Resolution: If a party has a complaint or dispute, they should first raise it directly with the other party to seek an informal resolution within [__________] business days.
• Formal Resolution: If an informal resolution cannot be reached, either party may escalate the complaint:
  • For complaints about the Worker: The Participant may contact the NDIS Quality and Safeguards Commission on 1800 035 544 or via their website.
  • For complaints about the Participant: The Worker may seek advice from legal counsel or relevant professional bodies.
• Both parties agree to engage in good faith in any dispute resolution process.

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11. Duty of Care, Incident Reporting, and Safeguarding

• The Worker acknowledges their duty of care to the Participant and commits to providing services in a manner that protects the Participant from harm, abuse, neglect, and exploitation.
• The Worker will identify and mitigate risks to the Participant's health, safety, and wellbeing.
• The Worker will report any incidents, near misses, or alleged breaches of the NDIS Code of Conduct involving the Participant to the Participant/Nominee, and where legally required, to the NDIS Quality and Safeguards Commission.
• The Worker will adhere to all NDIS Quality and Safeguards Commission requirements for incident management and reportable incidents.

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12. Insurance

• For Independent Contractors: The Worker confirms they hold current and adequate Professional Indemnity Insurance and Public Liability Insurance.
  • Policy Number (Professional Indemnity): [__________]
  • Expiry Date: [____/____/____]
  • Policy Number (Public Liability): [__________]
  • Expiry Date: [____/____/____]
  • (Copies of Certificates of Currency are attached as a mandatory attachment.)
• For Employed Workers: (This section is not applicable if the Worker is an employee of a registered NDIS provider, as the provider holds the necessary insurance.)

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13. Changes to the Agreement

Any changes or variations to this Agreement must be made in writing, agreed upon by both parties, and signed by both parties.

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14. Governing Law

This Agreement is governed by the laws of [State/Territory in Australia] and the Commonwealth of Australia. The parties agree to submit to the exclusive jurisdiction of the courts of [State/Territory in Australia].

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15. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations, and agreements, whether oral or written.

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16. Severability

If any part of this Agreement is held to be invalid or unenforceable, that part will be severed, and the remainder of the Agreement will remain in full force and effect.

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Execution and Signature Block

Participant / Authorised Nominee:

[_________________________] Authorized Signature

[_________________________] Printed Name

[_________________________] Title (e.g., Participant, Nominee)

Date: [____/____/2026]

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Support Worker:

[_________________________] Authorized Signature

[_________________________] Printed Name

[_________________________] Title (e.g., Support Worker, Independent Contractor)

Date: [____/____/2026]

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Disclaimer: This document is provided as a standardized framework. Consult qualified legal counsel for jurisdiction-specific statutory compliance.