NDIS Service Agreement Template: Key Points
- A compliant NDIS service agreement must include scope of supports, pricing, participant rights, provider obligations, and termination clauses.
- Service agreements protect both participants and providers by clearly defining expectations, responsibilities, and dispute resolution processes.
- All agreements must comply with the NDIS Act, NDIS Code of Conduct, Australian Consumer Law, and NDIS Commission requirements.
- Participants have the right to receive the agreement in an accessible format and to understand all terms before signing.
Download Our Free NDIS Service Agreement Template
We’ve created a comprehensive, NDIS-compliant service agreement template that meets all legal requirements for 2025:
Download NDIS Service Agreement Template (DOCX)
This template includes:
- Professional formatting ready for immediate use
- All mandatory sections required by the NDIS Commission
- Clear participant rights and provider responsibilities
- Termination and dispute resolution clauses
- Customizable fields for your services and pricing
- Compliance with NDIS Pricing Arrangements 2025-26
What is an NDIS Service Agreement?
An NDIS service agreement is a legally binding contract between a registered NDIS provider and a participant that outlines the terms and conditions under which disability supports will be delivered. It is a cornerstone document that protects both parties and ensures transparency in the service relationship.
The service agreement serves several critical purposes:
- Legal protection: Creates a binding contract that both parties must honor
- Clarity of expectations: Defines exactly what services will be provided, when, and how
- Participant empowerment: Ensures participants understand their rights and choices
- Compliance framework: Demonstrates adherence to NDIS Commission requirements
- Dispute prevention: Provides clear processes for resolving issues before they escalate
Essential Elements of an NDIS Service Agreement
Every NDIS service agreement must include specific sections to be legally compliant and enforceable under the NDIS Act and Australian Consumer Law.
1. Parties and Definitions
Your agreement must clearly identify:
- Provider details: Legal business name, trading name, ABN, and NDIS registration number
- Participant details: Full name, NDIS number, date of birth, and contact information
- Nominee or guardian: If the participant has legal representation
- Plan manager: Contact details if the participant is plan-managed
- Key definitions: Clear explanations of terms like “supports,” “plan,” and “price limits”
2. Scope of Supports
This is the heart of the agreement and must include:
- Detailed list of supports: Every NDIS-funded service to be delivered
- Support item numbers: The specific NDIS line item codes for each support
- Frequency and duration: How often each support will be provided (e.g., 10 hours per week)
- Timing: Days, times, and shift types (weekday, evening, weekend)
- Location: Where supports will be delivered (home, community, provider premises)
- Support workers: Any specific qualifications or characteristics required
Example scope entry:
- Support Type: Assistance with Daily Personal Activities
- Support Item Number: 01_011_0107_1_1
- Frequency: 15 hours per week
- Timing: Monday to Friday, 9am-12pm
- Location: Participant’s home (123 Main Street, Melbourne)
3. Pricing and Payment Terms
Your pricing section must be transparent and NDIS-compliant:
- Unit prices: Rate for each support type (must not exceed NDIS price limits)
- Pricing reference: Acknowledgment that prices align with NDIS Pricing Arrangements 2025-26
- Additional fees: Any travel, administration, or cancellation fees
- Cancellation policy: Required notice period and any applicable fees
- Payment schedule: When invoices will be issued (e.g., fortnightly, monthly)
- Payment terms: Due date for payment (typically 14 days from invoice date)
- Payment method: How payment will be processed (NDIS portal, plan manager, participant)
4. Duration and Review
Specify the agreement’s timeframe:
- Start date: When services will commence
- End date: When the agreement expires (or state “ongoing until terminated”)
- Review schedule: Minimum once every 12 months or when the participant’s plan changes
- Variation process: How the agreement can be updated to reflect changing needs
5. Participant Rights
This section must explicitly state the participant’s rights under the NDIS Act:
Choice and Control
- Right to choose what supports they receive, when, and from whom
- Right to request changes to services
- Right to change providers at any time (subject to reasonable notice)
Privacy and Confidentiality
- Right to privacy of personal information
- Protection under the Privacy Act 1988
- Limits on who can access participant information
Safe and Respectful Service
- Right to be treated with dignity and respect
- Right to culturally safe and appropriate services
- Right to freedom from abuse, violence, and exploitation
Information and Communication
- Right to receive the agreement in an accessible format (Easy Read, audio, interpreter)
- Right to have questions answered in plain language
- Right to support from an advocate or support person
Complaints and Feedback
- Right to raise concerns without fear of retribution
- Right to lodge complaints with the provider or NDIS Commission
- Right to access the dispute resolution process
6. Provider Responsibilities and Obligations
Your agreement must clearly state your commitments:
NDIS Registration and Compliance
- Maintain current NDIS provider registration
- Display NDIS registration number
- Meet all NDIS Quality and Safeguards Commission standards
- Participate in NDIS Commission audits as required
Service Delivery Standards
- Deliver supports that align with the participant’s NDIS plan and goals
- Ensure all staff are appropriately qualified and trained
- Maintain required ratios and supervision standards
- Provide consistent, reliable service delivery
Worker Screening and Safety
- Ensure all staff have current NDIS Worker Screening Clearances
- Conduct police checks and Working with Children Checks where applicable
- Provide ongoing training on the NDIS Code of Conduct
- Maintain appropriate insurance coverage (public liability, professional indemnity)
Code of Conduct Compliance
- Act with respect for individual rights
- Deliver supports safely and competently
- Act with integrity, honesty, and transparency
- Promptly address issues and concerns
- Take all reasonable steps to prevent harm
Incident Management and Reporting
- Implement incident prevention strategies
- Report all reportable incidents to the NDIS Commission within required timeframes
- Maintain incident records for at least 7 years
- Involve participants in incident reviews where appropriate
Pricing and Billing Integrity
- Charge only for supports delivered
- Not exceed NDIS price limits
- Provide clear, itemized invoices
- Process refunds promptly when applicable
Record Keeping
- Maintain accurate service delivery records
- Store participant information securely
- Keep all records for at least 7 years
- Provide copies to participants upon request
7. Changes and Variations
Establish a clear process for modifying the agreement:
- Written request: Either party can request changes in writing
- Notice period: Minimum 7 days for minor changes, 30 days for major changes
- Approval process: How variations will be reviewed and approved
- Documentation: All changes must be recorded in writing and signed by both parties
- NDIS plan changes: Automatic review when participant’s plan is updated
8. Termination Clauses
Clear termination provisions protect both parties:
Standard Termination
- Notice period: 30 days written notice from either party
- Reason: Either party can terminate without cause (subject to notice)
- Effect: Services continue during notice period unless otherwise agreed
Termination for Breach
- Notice period: 7 days written notice for serious breach
- Grounds: Fraud, Code of Conduct violation, safety concerns, non-payment
- Remedy period: Opportunity to remedy the breach before termination
- Immediate termination: In cases of serious safety concerns or illegal activity
Obligations Upon Termination
- Final invoice: Provider issues invoice for all services delivered up to termination date
- Outstanding payments: All invoices due within 14 days
- Refunds: Provider refunds any prepaid amounts for undelivered services within 30 days
- Record transfer: Provider returns any participant-owned records
- Transition assistance: Provider assists participant in transitioning to new provider
- Continuity of care: No disruption to essential supports during transition
9. Dispute Resolution and Complaints
Establish a fair process for resolving issues:
Internal Complaints Process
- Contact person: Name, position, and contact details of complaints officer
- Timeframes: Acknowledgment within 2 business days, resolution within 21 days
- Process: Investigation, participant involvement, written outcome
- Record keeping: All complaints documented and tracked
External Escalation
- NDIS Commission: Contact details (1800 035 544, www.ndiscommission.gov.au)
- When to escalate: If internal process doesn’t resolve the issue
- Support: Participant can use an advocate or support person
10. Signatures and Date
Make the agreement legally binding:
- Participant signature: Participant or their legal representative/nominee
- Participant details: Printed name, date, relationship to participant (if applicable)
- Provider signature: Authorized representative of the provider organization
- Provider details: Printed name, position, date
- Witness: Optional but recommended for complex agreements
Participant Rights Under NDIS Service Agreements
Understanding participant rights is essential for creating fair, empowering agreements.
Right to Choice and Control
Participants have complete control over:
- Which provider they choose to work with
- What supports they receive
- When and where supports are delivered
- How supports are delivered
- Who delivers their supports
The service agreement must not limit these rights beyond what is reasonable for service delivery (e.g., rostering, availability).
Right to Information and Understanding
Before signing, participants must:
- Receive the agreement in a format they can understand
- Have sufficient time to review the agreement
- Ask questions and receive clear answers
- Seek advice from family, friends, or advocates
- Receive an accessible version (Easy Read, translated, audio) if needed
Right to Privacy and Confidentiality
Service agreements must comply with the Privacy Act 1988:
- Personal information collected only for NDIS purposes
- Secure storage of participant records
- Limited sharing (only with participant consent or legal requirement)
- Access to personal information upon request
- Correction of incorrect information
Right to Safety and Quality
Every participant has the right to:
- Safe, competent service delivery
- Staff who are properly screened and trained
- Services that meet quality standards
- Freedom from abuse, neglect, and exploitation
- Prompt incident response and reporting
Right to Complain Without Consequence
Participants can:
- Raise concerns or complaints at any time
- Lodge complaints without fear of service withdrawal
- Access independent support (advocates, NDIS Commission)
- Have complaints taken seriously and resolved fairly
- Escalate unresolved issues to the NDIS Commission
Provider Responsibilities and Compliance Requirements
Registered NDIS providers must meet strict obligations when delivering supports.
NDIS Commission Registration Requirements
To provide NDIS supports, you must:
- Register with the NDIS Commission: Complete registration for relevant registration groups
- Meet practice standards: Demonstrate compliance with NDIS Practice Standards
- Maintain registration: Renew registration and update changes within required timeframes
- Display registration: Clearly show NDIS registration number on agreements and marketing
NDIS Pricing Arrangements Compliance
All pricing must align with the NDIS Pricing Arrangements and Price Limits 2025-26:
- Price caps: Never charge more than published price limits
- Correct items: Use the correct support item numbers
- Transparent fees: Clearly disclose all fees and charges
- Cancellation rules: Follow NDIS rules for short-notice cancellations
- No hidden costs: All potential charges disclosed upfront
Worker Screening Requirements
Every staff member must have:
- NDIS Worker Screening Check: Clearance before starting work with NDIS participants
- National Police Check: Renewed every 3 years
- Working with Children Check: If delivering supports to participants under 18
- International police checks: If staff worked overseas in the last 10 years
- Ongoing monitoring: Regular re-screening as required
Incident Reporting Obligations
Providers must report incidents to the NDIS Commission:
Reportable Incidents
- Death of a participant
- Serious injury requiring medical attention
- Abuse or neglect
- Unlawful sexual or physical contact
- Sexual misconduct
- Unauthorized use of restrictive practices
- Psychological harm
Reporting Timeframes
- 24 hours: Serious incidents (death, serious injury, sexual assault)
- 5 business days: Other reportable incidents
- 60 days: Final incident report submitted
Record Keeping
- Maintain incident register
- Keep all incident reports for 7 years
- Make records available for NDIS Commission audits
Quality and Safeguards Framework
Service agreements must reflect compliance with:
NDIS Practice Standards
- Rights and responsibilities
- Governance and operational management
- Provision of supports
- Support provision environment
NDIS Code of Conduct
- Act with respect for individual rights
- Act with integrity, honesty, and transparency
- Provide supports safely and competently
- Deliver supports in a way that upholds participants’ dignity
- Take all reasonable steps to prevent harm
Record Keeping Requirements
Maintain detailed records for at least 7 years:
- Signed service agreements
- Service delivery logs and progress notes
- Invoices and payment records
- Incident reports and risk assessments
- Staff qualifications and screening checks
- Complaints and their resolutions
- Participant consent forms
How to Create an NDIS Service Agreement: Step-by-Step Guide
Step 1: Gather Participant Information
Before drafting the agreement, collect:
- Participant’s full legal name and NDIS number
- Current NDIS plan (dates, budget categories, funded supports)
- Plan management type (NDIA, plan-managed, self-managed)
- Contact details for participant, emergency contacts, and plan manager
- Any specific needs or preferences (communication, cultural, accessibility)
Step 2: Define the Scope of Supports
Work with the participant to specify:
- Which supports from their plan you will deliver
- How often each support will be provided
- When supports will be delivered (days, times)
- Where supports will be delivered
- Any equipment or resources required
- Expected outcomes or goals
Step 3: Set Pricing and Payment Terms
Determine:
- Unit prices for each support (check NDIS Price Guide 2025-26)
- Any applicable loadings (evening, weekend, public holiday)
- Travel fees and calculation method
- Cancellation policy and required notice period
- Payment schedule and terms
- How changes to pricing will be communicated
Step 4: Draft the Agreement Using the Template
Use our free template to create your agreement:
- Complete provider details (name, ABN, NDIS registration number)
- Fill in participant information
- Enter scope of supports table
- Add pricing and payment terms
- Set start date and review schedule
- Ensure all participant rights are included
- Confirm provider obligations are listed
- Add dispute resolution and termination clauses
Step 5: Review with the Participant
Before finalizing:
- Provide the draft agreement to the participant
- Allow sufficient time for review (at least 7 days)
- Offer to meet to discuss any questions
- Provide an accessible version if requested
- Make any agreed changes
- Ensure the participant fully understands all terms
Step 6: Sign and Distribute
Once both parties agree:
- Sign the agreement in person or electronically
- Provide a signed copy to the participant immediately
- Keep the original in your records
- Send a copy to the plan manager (if applicable)
- Enter the start date and key dates in your calendar
- Schedule the first review date
Common Mistakes to Avoid in NDIS Service Agreements
Vague Scope of Supports
- Problem: General descriptions like “personal care as needed”
- Solution: Specify exact supports, frequency, and timing
Exceeding NDIS Price Limits
- Problem: Charging rates higher than the NDIS Price Guide
- Solution: Always check current price limits before setting rates
Missing Participant Rights
- Problem: Failing to include all required rights statements
- Solution: Use a compliant template that includes all mandatory rights
Unclear Termination Clauses
- Problem: No notice periods or termination process specified
- Solution: Include clear notice requirements and termination procedures
Lack of Accessibility
- Problem: Agreement only provided in complex legal language
- Solution: Offer Easy Read versions and accessible formats
Inadequate Dispute Resolution
- Problem: No clear complaints process outlined
- Solution: Include detailed internal process and NDIS Commission contact
Missing Provider Obligations
- Problem: Agreement focuses only on participant responsibilities
- Solution: Clearly state all provider commitments and compliance obligations
No Review Schedule
- Problem: Agreement never reviewed or updated
- Solution: Set specific review dates and trigger points for updates
Unfair Contract Terms
- Problem: One-sided clauses that disadvantage the participant
- Solution: Ensure all terms are fair and comply with Australian Consumer Law
Service Agreement Requirements by Plan Management Type
Different plan management types have specific considerations for service agreements.
NDIA-Managed Participants
For participants whose plans are managed by the NDIA:
- Only registered providers can deliver most supports
- Service bookings must be created in the NDIS myplace portal
- Claims are submitted directly through the portal
- Agreements must reference service bookings
- Cancellation rules strictly enforced
- Price limits cannot be exceeded
Key agreement elements:
- Include NDIS portal service booking reference
- State that claims will be submitted through myplace
- Acknowledge NDIS cancellation policy applies
- Confirm rates do not exceed price limits
Plan-Managed Participants
For participants using a plan manager:
- Both registered and unregistered providers can deliver supports (for most categories)
- Agreements sent to plan manager for processing
- More flexibility in pricing (though typically aligned with price limits)
- Plan manager processes claims with the NDIA
Key agreement elements:
- Include plan manager’s contact details
- Specify invoice delivery method to plan manager
- State payment timeframes (may differ from NDIA-managed)
- Include plan manager in review and variation communications
Self-Managed Participants
For participants managing their own funding:
- Can use both registered and unregistered providers
- Greatest flexibility in pricing and service arrangements
- Participant responsible for claiming reimbursement from NDIA
- Need clear documentation for NDIA claims
Key agreement elements:
- Detailed service descriptions for NDIA claims
- Clear invoicing with support item numbers
- Flexible payment arrangements
- Additional documentation to support participant claims
Best Practices for NDIS Service Agreements
Use Plain Language
- Avoid legal jargon and complex terminology
- Use short sentences and clear explanations
- Define any technical terms that must be used
- Consider the participant’s reading level and language proficiency
Provide Multiple Formats
- Standard printed agreement
- Easy Read version with pictures and simple text
- Translated versions for CALD participants
- Audio recordings for participants with vision impairment
- Digital accessible formats (screen reader compatible)
Involve the Participant
- Co-design the agreement with the participant
- Ask for their preferences and priorities
- Respect their choices about service delivery
- Ensure they feel empowered, not overwhelmed
Keep It Current
- Review agreements at least annually
- Update immediately when NDIS plans change
- Revise when service needs change
- Check for pricing updates each July
- Update contact details promptly
Document Everything
- Keep signed original agreements
- Record all variations and amendments
- Maintain communication records
- Store securely for 7+ years
- Make copies available to participants
Build in Flexibility
- Allow for reasonable service adjustments
- Include clear variation processes
- Plan for changing participant needs
- Accommodate life circumstances
- Support participant goals
Focus on Outcomes
- Link supports to participant goals
- Include outcome measures where appropriate
- Plan for progress reviews
- Celebrate achievements
- Adjust services to maximize outcomes
Frequently Asked Questions About NDIS Service Agreements
Do I need a service agreement for every participant? Yes. The NDIS Commission requires all providers to have written service agreements with participants. This protects both parties and ensures clarity about service delivery.
Can I use the same agreement template for all participants? You can use the same template structure, but each agreement must be customized for the individual participant’s specific supports, goals, and circumstances.
What if a participant doesn’t want to sign an agreement? Service agreements are mandatory. If a participant is hesitant, ensure they understand the agreement protects their rights. Offer to review it together, provide an accessible version, or involve an advocate.
How long should a service agreement be? Most agreements are 6-12 pages. They should be comprehensive enough to cover all requirements but not so long that they’re overwhelming. Use our template as a starting point.
Can I charge for supports not in the NDIS plan? Only if the participant is self-managed or plan-managed and chooses to pay privately. NDIA-managed participants can only access funded supports through the NDIS.
What happens if the NDIS plan changes during the agreement? The service agreement should be reviewed and updated to reflect the new plan. Include a clause stating the agreement will be reviewed when the plan changes.
Can I terminate an agreement immediately? Only in cases of serious breach, fraud, safety concerns, or Code of Conduct violations. Standard termination requires 30 days notice.
What if a participant wants to change their services? Include a variation clause that allows either party to request changes with appropriate notice (typically 7-30 days depending on the change).
Do unregistered providers need service agreements? Yes. While unregistered providers aren’t subject to NDIS Commission registration, they should still use service agreements to protect both parties and ensure clear expectations.
Can I include a restraint of trade clause? No. Participants have the right to choose any provider and change providers at any time. Clauses that restrict this right are not enforceable.
Key Resources for NDIS Service Agreements
- NDIS Pricing Arrangements and Price Limits 2025-26
- NDIS Practice Standards
- NDIS Code of Conduct
- Australian Consumer Law
- NDIS Quality and Safeguards Commission
Summary
NDIS service agreements are fundamental to professional, compliant service delivery. A well-crafted agreement protects participant rights, clarifies provider responsibilities, and establishes a transparent framework for the service relationship.
Key takeaways:
- Always include all mandatory elements: scope, pricing, rights, obligations, termination, and dispute resolution
- Ensure compliance with the NDIS Act, Code of Conduct, and Pricing Arrangements
- Provide agreements in accessible formats that participants can understand
- Review and update agreements at least annually or when circumstances change
- Use clear, plain language and avoid legal jargon
- Focus on empowering participants and supporting their choice and control
Download our free NDIS service agreement template to create professional, compliant agreements that protect both you and the participants you support.
