SERVICE AGREEMENT – TERMS AND CONDITIONS
DESCRIPTION ON SERVICES
Western Kids Health provides consultative, goal-focused intervention therapy programs for NDIS participants, working in close collaboration with families and their primary support providers.
Our commitment lies in delivering accessible and comprehensive care within a friendly, dynamic, and professional multi-disciplinary setting. We emphasise promoting self-efficacy and well-being through health education and partnership with families. Notably, Western Kids Health is not NDIA registered, but our services are available to both plan-managed and self-managed NDIS clients. While our focus is on fixed-term, goal-oriented intervention programs, we do not offer ongoing support services or functional capacity assessments.
Additionally, our capacity for equipment prescription is limited, and we recommend that assistive technology applications be managed by ongoing support services providers. For more detailed information about our specific programs, clients are encouraged to visit our website or consult our Program Information Package
ROLE OF PARTIES
Agreement Overview:
This Service Agreement (“Agreement”) is established between the following parties for participation in the National Disability Insurance Scheme (NDIS):
- Participant: You or your child, hereafter referred to as “the Participant”.
- Service Provider: Western Kids Health, hereafter may be referred to as “the Provider”.
Collectively, these entities will be referred to as “the Parties” in this Agreement.Context of the NDIS and Agreement Purpose:
This Agreement is specifically tailored to facilitate the provision of support services under the Participant’s NDIS plan (“NDIS Plan”). The Parties acknowledge and agree that this Agreement is formulated within the framework of the NDIS.
The NDIS is a program designed with the objectives of:
Enhancing the independence, social involvement, and overall engagement of individuals with disabilities.
Empowering individuals with disabilities to make informed choices and exert control over their objectives, as well as the planning and implementation of their support services.
Schedule of Support Services:
Under this Agreement, the Provider commits to delivering the agreed-upon support services to the Participant. These services will be provided for the specified duration and at the costs outlined in the detailed service agreement.
SERVICE FEES
Fee Structure as of July 1 2024
- Allied Health Professionals: $193.99 per hour.
- Physiotherapists: $224.62 per hour.
- Psychologists: $244.22 per hour.
These fees are calculated on a pro-rata basis according to the length of each appointment and the specific therapist involved. Additionally, indirect clinical time, which includes activities related to the Participant’s care but not involving direct interaction, is billed at the same hourly rates.
The fee rates are set in compliance with the NDIS Act 2013 and are subject to immediate change in accordance with the annual updates to the NDIS Pricing Arrangements and Price Limits. For more information on these guidelines, please refer to the official NDIS website: NDIS Pricing Arrangements.
Other Information:
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*Non-Attendance/Did Not Arrive Fees |
Cancellations with short notice (less than 48 hours) and appointments where the client did not arrive, or attend will be charged at the full consultation fee. |
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*Indirect Time |
Charges for indirect time relate to activities that are necessary for the Participant’s care but do not involve direct face-to-face or virtual interaction. These include, but are not limited to:
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**Travel |
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Compliance with NDIS Pricing:
The fee rates are set in compliance with the NDIS Act 2013 and are subject to revision in accordance with the annual updates to the NDIS Pricing Arrangement and Price Limits. For more information on these guidelines, please refer to the NDIS official website: NDIS Pricing Arrangements.
Inclusivity of GST and Service Costs:
All listed prices include Goods and Services Tax (GST) where applicable. These prices encompass all costs associated with the provision of services.
Additional Expenses:
Any extra expenses that fall outside the scope of the Participant’s funding (such as special equipment or entry fees for events) are the responsibility of the Participant.
It is expected that the Participant’s NDIS plan and available funding will cover the services for the designated period. In cases where the service costs exceed the available funding, the Participant will be responsible for settling any additional unpaid costs.
TRAVEL FEES
Travel fees apply when services are rendered at locations beyond our standard clinic settings. This includes, but is not limited to, the Participant’s home, school, or other specified venues.
Fee Calculation:
Travel to the Participant: A maximum of 30 minutes of travel time is billable at the hourly rate corresponding to the specific support item provided.
Travel from the Participant: Similarly, a maximum of 30 minutes for the return journey from the Participant’s location to the therapist’s usual place of work is chargeable at the same rate.
Compliance with NDIS Pricing:
All travel charges are in accordance with the current NDIS approved pricing for therapy services. These rates are subject to modifications following any updates or reviews conducted by the NDIS and with NDIS price guidelines, Western Kids Health will apply travel charges as outlined above.
PAYMENTS
Immediate Payment for Services:
Western Kids Health requires payment immediately following the delivery of services.
Self-Managed or Fee-for-Service Participants:
Participants who either self-manage their NDIS Plan or opt for fee-for-service will receive an invoice from Western Kids Health after services are rendered.
Payment by the Participant or their nominee is due within 7 days of the invoice date on arrangement with management.
Plan-Managed Participants:
For Participants with Plan-Managed NDIS funding, Western Kids Health requires the details of the Participant’s chosen plan-manager.
After service delivery, an invoice will be sent directly to the nominated plan-manager.
The plan-manager is obligated to settle the invoice within 21 days from its date.
Notification of Funding Changes:
Participants must promptly inform Western Kids Health of any changes in their funding arrangements, including alterations to NDIS plans or shifts to NDIS funding.
Liability for Unpaid Charges:
Participants bear personal responsibility for any charges incurred under their Agreement that cannot be reimbursed by funding bodies.
In the event of non-payment, Western Kids Health reserves the right to undertake legal measures to recover outstanding amounts.
WHAT WE WILL PROVIDE
Program Offering:
We offer fixed-term, goal-focused intervention programs, initiated after an intake assessment. During this assessment, a multidisciplinary team collaborates to tailor program options that best support your child’s specific needs.
Service Commencement:
Our services begin following the completion of a Service Agreement with Western Kids Health, established during the intake process.
Responsibilities of the Provider:
Western Kids Health commits to:
- Provide services that meet the Participant’s needs at mutually agreed times.
- Maintain open, honest, and timely communication.
- Treat the Participant with courtesy and respect.
- Involve the Participant in decisions regarding service provision.
- Offer information on managing complaints or disagreements and provide details of the cancellation policy.
- Address Participant feedback and resolve issues swiftly.
- Notify the Participant well in advance of any changes to scheduled appointments due to unforeseen circumstances.
- Provide adequate notice in case of the need to terminate the Service Agreement (refer to ‘Termination’ section for more details).
- Uphold the Participant’s privacy and confidentiality.
- Deliver services in compliance with all relevant laws, including the National Disability Insurance Scheme Act 2013, its rules, and the Australian Consumer Law.
- Maintain accurate records of services provided.
- Issue regular invoices and statements for services rendered.
- Provide to the participant and/or primary support provider a program report upon completion of a program.
Responsibilities of the Participant/Participant’s Representative
As part of this agreement, the Participant or their Representative is expected to:
- Communication of Service Delivery Preferences: Clearly inform the Provider about preferences and requirements for how the Services should be delivered to effectively meet the Participant’s needs.
• Mutual Respect: Engage with the Provider with courtesy and respect.
• Feedback and Concerns: Promptly communicate with the Provider regarding any concerns or feedback about the Services.
• Cancellation Notice: Provide a minimum of 48 hours’ notice if unable to attend a scheduled appointment. Failure to provide this notice will result in the Provider’s cancellation policy being applied.
• Termination of Agreement: Give the required notice to the Provider if there is a need to end the Service Agreement (further details are available in the ‘Ending this Service Agreement’ section).
• Notification of Plan Changes: Inform the Provider immediately if there are any changes to the Participant’s NDIS Plan, including suspension, replacement, or if the Participant ceases to be a participant in the
NDIS CANCELLATION POLICY
In cases of short-notice cancellations (made less than 48 hours prior to the appointment), the Provider will charge the Participant the full agreed price for the cancelled appointment.
Managing Consecutive Cancellations:
In the event of consecutive short-notice cancellations, the Provider will engage in discussions with the Participant and/or their representative to address and overcome any barriers that may be hindering access to services.
TERMINATION
Notice Period for Termination:
In the event that either the Participant or Western Kids Health decides to terminate this Agreement, both parties are required to provide two (2) weeks’ written notice to the other party.
Waiver of Notice in Case of Serious Breach:
If either party seriously breaches the terms of this Agreement, the stipulated two-week notice period may be waived. This waiver is subject to exceptional circumstances and must involve discussions with senior management.
SAFE GUARDING
Where Western Kids Health has reason to believe that the Participant may be a victim of Abuse or Neglect it will undertake all necessary actions, in line with policy, practice and law, to ensure the matter is investigated and resolved in the most expedient and appropriate manner. Western Kids Health reserves the right to use all available information and resources in support of any investigations or legal actions in order to prevent any Abuse or Neglect of the Participant.
FEEDBACK AND COMPLAINTS
At Western Kids Health, we provide high-quality services to our patients, their families, and carers. We recognise the value of feedback, whether positive or constructive, and always encourage it. We recommend, where possible, that you initially discuss your feedback directly with the relevant staff members involved in your care. This approach often leads to the most immediate and effective resolution.
However, if you feel uncomfortable with this direct approach, or if you believe that your concerns have not been adequately addressed by the staff, you have the option to formally lodge a complaint. You can do this in one of the following ways:
In Person: Speak directly to one of our Practice Managers or to our Director, Nicole Pates on 6112 2977 or email nicole@westernkidshealth.com.
OR Online: Visit our website and submit your feedback through the dedicated feedback form [insert direct link to feedback section of the website. <feedback link>
If the Participant is not satisfied or does not want to talk to this person, the Participant can contact the National Disability Insurance Agency by calling 1800 800 110, visiting one of their offices in person, or visiting ndis.gov.au for further information.
We are committed to addressing them promptly and effectively.
ACKNOWLEDGEMENT
Agreement to Terms:
By signing the service agreement, the Participant acknowledges and agrees that Western Kids Health, acting reasonably and to protect its legitimate business interests, may modify the Terms of the Agreement. Such changes will be made with a minimum notice period of 30 days.
Notification of Changes:
Western Kids Health will inform the Participant of any changes to the Terms, which may be communicated via email or letter.
Option to Terminate Agreement:
Should the Participant disagree with any changes to the Terms, they have the option to terminate this Agreement. Termination must be communicated in writing to Western Kids Health as soon as reasonably possible, but no later than twenty (20) working days from the date the changes take effect.
No Termination Fees but Outstanding Obligations Remain:
In the event of such termination, the Participant will not incur any termination fees. However, any outstanding contractual obligations will remain in force, including the responsibility to settle all outstanding invoices and debts.
WESTERN KIDS HEALTH CONTACT DETAILS
