How to Write an NDIS Service Agreement: Key Points
- An NDIS service agreement is a legally binding document between providers and participants that outlines services, costs, and responsibilities.
- Essential clauses include service details, pricing, cancelation policies, complaint procedures, and termination conditions.
- While no single mandatory template exists, all agreements must comply with NDIS Practice Standards and Quality Indicators.
- A well-drafted agreement protects both parties and ensures clear communication about service expectations and obligations.
NDIS Service Agreement Template: Essential Components
An effective NDIS service agreement needs to cover several critical components to ensure compliance with NDIS requirements and protect both parties. The core sections include:
- Parties to the Agreement: Full legal names and contact details of both the provider and participant (and nominee if applicable).
- Service Details: Comprehensive description of supports to be provided, including type, frequency, duration, and delivery location.
- Pricing and Payment Terms: Clear breakdown of costs, payment methods, and invoicing frequency aligned with current NDIS Price Guide.
- Cancellation Policy: Specific terms for cancellations, including notice periods and potential charges.
- Rights and Responsibilities: Detailed outline of what both parties can expect from each other.
- Duration and Review: Agreement start and end dates, plus scheduled review periods.
- Complaint and Dispute Resolution: Step-by-step process for addressing issues or concerns.
- Termination Conditions: Circumstances under which either party can end the agreement and required notice periods.
These components form the backbone of any compliant NDIS service agreement and should be customized to reflect specific service arrangements.
Download Our Free NDIS Service Agreement Template
We’ve created a comprehensive, NDIS-compliant service agreement template that you can download and customize for your needs:
Download NDIS Service Agreement Template (DOCX)
This template includes all required sections and has been reviewed by legal professionals to ensure compliance with current NDIS requirements while remaining easy to customize.
NDIS Service Agreement Compliance: Legal Requirements
A compliant NDIS service agreement must adhere to several legal frameworks, including:
- NDIS Act 2013: Establishes the foundation for how services should be delivered.
- NDIS Practice Standards: Outlines quality requirements for registered providers.
- NDIS Code of Conduct: Sets behavior expectations for providers and workers.
- NDIS Terms of Business: Specifies conditions providers must follow.
- Privacy Act 1988: Governs how personal information is handled.
All service agreements must align with these frameworks while being presented in accessible language appropriate to the participant’s communication needs and preferences.
Comprehensive Guide to NDIS Service Agreements
The National Disability Insurance Scheme (NDIS) service agreement is more than just paperwork—it’s the foundation of a successful provider-participant relationship. This document establishes clear expectations, prevents misunderstandings, and ensures both parties understand their rights and responsibilities. This comprehensive guide explores every aspect of creating effective NDIS service agreements in 2025.
Understanding NDIS Service Agreements: Purpose and Significance
An NDIS service agreement is a formal document that establishes the relationship between a service provider and a participant (or their nominee). While not technically mandated by the NDIS, agreements are strongly recommended and considered best practice for several reasons:
- They provide clarity around what services will be delivered and how.
- They establish transparent pricing aligned with the NDIS Price Guide.
- They outline processes for addressing changes, issues, or terminating the relationship.
- They create a shared understanding that helps prevent conflicts.
- They serve as evidence of compliance with NDIS practice standards.
Effective agreements strike a balance between legal protection and accessibility, ensuring participants fully understand what they’re agreeing to while protecting the interests of both parties.
Key Clauses Every NDIS Service Agreement Should Include
While each agreement should be tailored to specific circumstances, certain clauses are essential:
1. Service Scope and Delivery
This section should clearly describe:
- Specific supports to be provided with reference to NDIS support categories
- How, when, and where services will be delivered
- Expected outcomes from the support
- Any specific participant requirements or preferences
- Responsibilities of the provider in delivering the service
For example: “Provider agrees to deliver personal care support (NDIS category 01_009_0107_1_1) at Participant’s home, 3 times weekly (Monday, Wednesday, Friday) from 8:00-10:00 AM, focusing on morning routine assistance including showering, dressing, and meal preparation.”
2. Pricing and Payment Structure
This section must include:
- Itemized pricing for each service aligned with current NDIS Price Guide
- Specification of who manages the funding (NDIA-managed, plan-managed, or self-managed)
- Payment terms, methods, and invoicing frequency
- GST application (most NDIS services are GST-free)
- Process for price changes (usually requiring written notice)
For example: “Support Coordination (07_001_0106_8_3) will be charged at $100.14 per hour on weekdays, as per the NDIS Price Guide 2025. Provider will invoice monthly to Plan Manager [Name] via email, with payment due within 14 days.”
3. Cancellation and No-Show Policies
This section should outline:
- Required notice period for cancellations
- Charges applicable for late cancellations or no-shows
- Exceptions for emergencies or unforeseen circumstances
- Provider obligations for cancellations on their end
For example: “Participant agrees to provide at least 48 hours’ notice for cancellations. Cancellations with less than 48 hours’ notice may incur a charge of 90% of the agreed service fee, except in case of emergency or hospitalization. Provider will not charge for cancellations made with adequate notice.”
4. Change and Review Procedures
This section should address:
- Process for requesting changes to services
- Scheduled agreement review periods (typically 6-12 months)
- How modifications to the agreement will be documented
- Circumstances requiring immediate review
For example: “This agreement will be formally reviewed every 6 months, with the first review scheduled for November 15, 2025. Either party may request a review earlier by providing written notice. Any changes must be documented in writing and signed by both parties.”
5. Complaint and Dispute Resolution
This section must detail:
- Step-by-step internal complaint process
- Timeframes for addressing complaints
- Options for external resolution if issues remain unresolved
- Contact information for NDIS Commission and other relevant authorities
For example: “If Participant has a complaint, they should first contact the Service Manager at [phone/email]. Provider will acknowledge complaints within 2 business days and provide an initial response within 7 days. If the complaint remains unresolved, Participant may contact the NDIS Commission at 1800 035 544.”
6. Termination Conditions
This section should specify:
- Notice periods required by either party to end the agreement
- Circumstances allowing immediate termination (e.g., safety concerns)
- Process for transitioning to another provider if needed
- Final payment and record management procedures
For example: “Either party may terminate this agreement by providing 14 days’ written notice. Immediate termination may occur if there is risk of harm to either party. Upon termination, Provider will transfer relevant records to Participant or new provider as requested and issue final invoices within 7 days.”
7. Privacy and Information Management
This section should cover:
- What personal information will be collected
- How information will be used, stored, and protected
- Circumstances under which information may be shared
- Participant rights regarding their information
For example: “Provider will collect personal and health information necessary to deliver services effectively. This information will be stored securely in compliance with Privacy Act 1988 requirements. Information will only be shared with third parties with Participant’s consent or where legally required.”
How to Customize Your NDIS Service Agreement Template
While templates provide an excellent starting point, customization is essential to ensure the agreement meets specific needs:
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Assess Participant Communication Needs: Consider offering the agreement in alternative formats such as Easy Read, Braille, audio recording, or translated versions.
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Tailor Language to the Individual: Adjust complexity and terminology based on the participant’s understanding and preferences.
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Include Service-Specific Details: Add clauses relevant to particular services (e.g., transportation arrangements for community access supports).
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Consider Individual Risk Factors: Include specific protocols for managing identified risks or emergency procedures relevant to the participant.
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Incorporate Plan Goals: Reference how services align with the participant’s NDIS plan goals to demonstrate purpose and relevance.
For example, a participant with complex communication needs might benefit from an agreement that includes visual supports, simplified language, and possibly video explanations of key terms.
NDIS Service Agreement Checklist: Ensuring Compliance
Before finalizing any service agreement, check that it:
- Is written in clear, accessible language
- Includes all core components outlined earlier
- Aligns with current NDIS pricing arrangements
- Complies with relevant legislation and NDIS rules
- Reflects the specific needs and preferences of the participant
- Clearly outlines the process for modifications
- Has been reviewed by both parties with opportunity for questions
- Includes signatures from all relevant parties
- Provides copies to all signatories
- Has a scheduled review date
This checklist helps ensure the agreement is both comprehensive and compliant with NDIS requirements.
Frequently Asked Questions About NDIS Service Agreements
- Is a service agreement legally required by the NDIS? While not strictly mandatory, service agreements are considered best practice and evidence of compliance with NDIS practice standards.
- Can a participant use their own template? Yes, participants can propose their own template if they prefer, and providers should reasonably accommodate this request.
- How often should agreements be reviewed? Typically every 6-12 months or when significant changes occur to the participant’s plan or needs.
- What happens if a participant can’t sign the agreement? A nominee, guardian, or support person can sign on their behalf, but the agreement should still be explained to the participant in an accessible way.
- Can agreements be verbal rather than written? While possible in some circumstances, written agreements provide better protection for both parties and are strongly recommended.
- What if NDIS pricing changes during the agreement period? The agreement should include a clause addressing price changes, typically requiring written notification before implementation.
Common Mistakes to Avoid in NDIS Service Agreements
- Using Overly Complex Language: Agreements filled with legal jargon can be intimidating and confusing for participants.
- Being Too Vague About Services: Lack of specificity leads to misunderstandings and potential disputes.
- Overlooking Accessibility Needs: Failing to provide the agreement in a format the participant can understand.
- Missing Price Guide Alignment: Not ensuring prices match current NDIS Price Guide rates.
- Inadequate Cancellation Policies: Policies that are unfair or unclear can damage the relationship.
- Neglecting Regular Reviews: Failing to update agreements as circumstances or regulations change.
- Incomplete Complaint Procedures: Not providing clear, accessible paths for resolving issues.
By avoiding these common pitfalls, providers can create agreements that build trust and establish clear expectations.
Tips for Discussing Service Agreements with Participants
- Schedule Dedicated Time: Allow sufficient time to thoroughly explain the agreement without rushing.
- Use Supporting Materials: Consider visual aids, Easy Read versions, or other tools to enhance understanding.
- Involve Support Persons: When appropriate, include family members or advocates who can help the participant understand the terms.
- Encourage Questions: Create an environment where participants feel comfortable asking for clarification.
- Explain Why, Not Just What: Help participants understand the purpose behind different clauses.
- Focus on Benefits: Emphasize how the agreement protects the participant’s interests and ensures quality service.
- Be Open to Negotiation: Demonstrate willingness to adjust reasonable terms based on participant feedback.
Effective communication during this process helps build rapport and ensures genuine informed consent.
Key Resources for NDIS Service Agreements
- NDIS Practice Standards and Quality Indicators
- NDIS Code of Conduct
- NDIS Pricing Arrangements and Price Limits 2025
- Office of the Australian Information Commissioner - Privacy Principles
- NDIS Service Agreement Templates and Guides
These resources provide authoritative guidance to ensure agreements meet all necessary requirements and reflect best practices in the disability sector.
By following this comprehensive guide and utilizing the template provided, providers can create service agreements that establish clear expectations, comply with all requirements, and lay the foundation for positive, productive working relationships with NDIS participants.