Service Agreement Template Aged Care

Aged Care Service Agreement

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

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Instructions for Use

• Completion Guidance: This form is to be completed jointly by the Service Provider's authorized representative and the Care Recipient (or their Nominated Representative). All fields marked [__________] or [ ] Option require accurate information. Incomplete sections may invalidate the agreement.
• Filing & Retention Protocols: Upon execution, retain the original signed document securely on file for a minimum of seven (7) years after the termination of services, as per statutory record-keeping requirements. A copy must be provided to the Care Recipient and any Nominated Representative.
• Mandatory Attachments: Ensure the following documents are appended and referenced: 1) Current Care Plan, 2) Fee Schedule & Payment Terms, 3) Privacy Policy, 4) Complaints Resolution Policy, 5) Emergency Procedures Document.

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Document Body & Detailed Sections

This Service Agreement ("Agreement") is made and entered into on this [__________] day of [__________], [__________] (the "Commencement Date").

1. Parties to the Agreement

1.1 The Service Provider:

• Legal Name: [__________]
• Trading Name (if different): [__________]
• ACN/ABN/Business ID: [__________]
• Registered Address: [__________] [__________]
• Primary Contact Person: [__________]
• Contact Phone: [__________]
• Contact Email: [__________]

1.2 The Care Recipient:

• Full Legal Name: [__________]
• Date of Birth: [____/____/____]
• Residential Address: [__________] [__________]
• Primary Contact Phone: [__________]
• Primary Contact Email: [__________]

1.3 The Nominated Representative (if applicable):

• [ ] Check if N/A
• Full Legal Name: [__________]
• Relationship to Care Recipient: [__________]
• Residential Address: [__________] [__________]
• Primary Contact Phone: [__________]
• Primary Contact Email: [__________]
• Scope of Authority: [ ] Full Authority [ ] Limited Authority (Specify): [__________] Attach proof of authority (e.g., Enduring Power of Attorney, Guardianship Order) as Appendix A.

2. Purpose and Scope of Services

This Agreement sets out the terms and conditions under which the Service Provider will deliver aged care services to the Care Recipient, designed to support their health, well-being, and independence, in accordance with the attached Care Plan.

3. Service Details

3.1 Care Plan: The specific services to be provided are detailed in the Care Plan, attached as Appendix B. The Care Plan outlines the type, frequency, duration, and method of service delivery tailored to the Care Recipient's assessed needs.

3.2 Service Location: Services will primarily be delivered at:

• [ ] Care Recipient's Residence: [__________]
• [ ] Service Provider's Facility: [__________]
• [ ] Other (Specify): [__________]

3.3 Key Service Categories (as per Care Plan):

3.4 Changes to Services: Any material changes to the services, including type, frequency, or cost, must be mutually agreed upon in writing by all parties and reflected in an updated Care Plan or an Addendum to this Agreement. Non-urgent changes will require [__________] days' notice.

4. Fees and Payment Terms

4.1 Service Fees: The fees for services rendered are itemized in the Fee Schedule, attached as Appendix C. This schedule details the costs associated with each service, including any government subsidies or co-contributions.

4.2 Payment Frequency and Method:

• Billing Cycle: [ ] Weekly [ ] Fortnightly [ ] Monthly [ ] Other: [__________]
• Payment Due Date: [__________] days from invoice date.
• Accepted Payment Methods: [ ] Direct Debit [ ] Bank Transfer [ ] Credit Card [ ] Other: [__________]

4.3 Government Subsidies/Funding:

• [ ] Care Recipient receives government funding (e.g., Home Care Package, Residential Aged Care subsidy).
• Funding ID/Reference: [__________]
• The Service Provider will invoice [__________] for the subsidized portion and the Care Recipient/Nominated Representative for any co-contribution or additional services.

4.4 Review of Fees: Fees are subject to review annually or as required by changes in legislation or operating costs. The Service Provider will provide [__________] days' written notice of any fee changes.

4.5 Late Payments: Invoices not paid by the due date may incur a late payment fee of [__________]% per annum, calculated daily, or as otherwise specified in Appendix C.

5. Term and Termination

5.1 Commencement and Duration: This Agreement commences on the Effective Date and continues indefinitely until terminated by either party in accordance with this Section 5.

5.2 Termination by Notice:

• Either the Service Provider or the Care Recipient (or Nominated Representative) may terminate this Agreement by providing [__________] days' written notice to the other party.
• Notice must be sent to the contact details specified in Section 12.

5.3 Termination for Cause: This Agreement may be terminated immediately by written notice if:

• A party commits a material breach of this Agreement and fails to remedy it within [__________] days of receiving written notice of the breach.
• The Care Recipient's needs exceed the Service Provider's capacity or license, as determined by a professional assessment.
• There is a serious risk to the health, safety, or well-being of staff or the Care Recipient that cannot be reasonably mitigated.
• The Care Recipient's government funding is ceased or significantly reduced without alternative payment arrangements.

5.4 Consequences of Termination: Upon termination, the Care Recipient or Nominated Representative remains liable for all services provided up to the effective date of termination. The Service Provider will cooperate in transitioning care, if requested and appropriate.

6. Responsibilities of the Parties

6.1 Service Provider's Responsibilities:

• Provide services in a professional, safe, and respectful manner, consistent with the Care Plan and relevant industry standards and legal requirements.
• Ensure staff are appropriately qualified, trained, and screened.
• Maintain confidentiality of the Care Recipient's personal information.
• Have a clear complaints resolution process.
• Review the Care Plan periodically, or as needs change, with the Care Recipient/Nominated Representative.

6.2 Care Recipient's / Nominated Representative's Responsibilities:

• Provide accurate and up-to-date information regarding the Care Recipient's health, needs, and preferences.
• Cooperate with the Service Provider's staff and adhere to reasonable requests related to service delivery.
• Ensure a safe and accessible environment for staff providing in-home services.
• Notify the Service Provider promptly of any changes to health, contact details, or circumstances that may affect service delivery or payment.
• Make timely payments for services as per Appendix C.

7. Privacy and Confidentiality

The Service Provider commits to protecting the privacy of the Care Recipient's personal and health information in accordance with applicable privacy legislation (e.g., HIPAA, Australian Privacy Principles). The Service Provider's Privacy Policy, attached as Appendix D, outlines how information is collected, used, disclosed, and stored. The Care Recipient (or Nominated Representative) consents to the collection and use of their information as outlined in the Privacy Policy for the purpose of providing care.

8. Complaints and Dispute Resolution

The Service Provider has an internal complaints resolution process detailed in the Complaints Resolution Policy, attached as Appendix E. Any complaints or disputes should be raised initially through this process. If a resolution cannot be reached, parties may seek external mediation or raise the matter with the relevant aged care quality and safeguarding body.

9. Emergencies and Incident Management

In the event of an emergency involving the Care Recipient, the Service Provider will follow the protocols outlined in the Emergency Procedures Document, attached as Appendix F. This includes contacting [__________] (Emergency Contact Name) at [__________] (Emergency Contact Number) and emergency services if deemed necessary. All incidents will be documented and managed in accordance with the Service Provider's incident management policy.

10. Insurance and Liability

10.1 Service Provider's Insurance: The Service Provider maintains appropriate public liability and professional indemnity insurance coverage. Details are available upon request.

10.2 Indemnity: To the fullest extent permitted by law, the Care Recipient (and Nominated Representative) agrees to indemnify and hold harmless the Service Provider, its employees, and agents from any and all claims, liabilities, damages, and expenses arising from the provision of services, except where caused by the Service Provider's gross negligence or willful misconduct.

11. Reviews and Amendments

This Agreement and the attached Care Plan will be formally reviewed by the Service Provider and the Care Recipient (or Nominated Representative) at least every [__________] months, or earlier if circumstances change significantly. Any amendments to this Agreement must be made in writing and signed by all parties.

12. Notices

All formal notices or communications regarding this Agreement must be in writing and sent to the following addresses:

To the Service Provider:

• Attention: [__________]
• Address: [__________] [__________]
• Email: [__________]

To the Care Recipient:

• Attention: [__________]
• Address: [__________] [__________]
• Email: [__________]

To the Nominated Representative (if applicable):

• Attention: [__________]
• Address: [__________] [__________]
• Email: [__________]

13. General Provisions

13.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of [__________] (State/Territory/Jurisdiction).

13.2 Entire Agreement: This Agreement, together with its Appendices, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements, understandings, and representations.

13.3 Force Majeure: Neither party shall be liable for any failure or delay in performing its obligations under this Agreement where such failure or delay results from any cause beyond the reasonable control of that party (e.g., natural disasters, epidemic, governmental act).

13.4 Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13.5 Assignment: This Agreement may not be assigned by either party without the prior written consent of the other party.

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Execution & Signature Block

IN WITNESS WHEREOF, the parties have executed this Aged Care Service Agreement as of the Effective Date.

Service Provider:

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Authorized Signature

[__________] Printed Name

[__________] Title

Date: [____/____/2026]

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Care Recipient:

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Signature

[__________] Printed Name

Date: [____/____/2026]

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Nominated Representative (if applicable):

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Signature

[__________] Printed Name

Date: [____/____/2026]

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