Support Service Provider and Participant Service Agreement

Under the National Disability Insurance Scheme

⦁ Parties

This agreement is for a Participant in the National Disability Insurance Scheme and is made between:

Name (“Service Provider”): Penrose Care Pty Ltd
ABN: 13640950858
Contact: 1800 418 417

As a provider, Penrose Care Pty Ltd. agrees to supply the following supports (Fill in the approprate fields)

0101 Accommodation/Tenancy

0106 Assist-Life Stage, Transition & Support

0107 Daily Personal Activities

0108 Assist-Travel/Transport

0111 Home Modification

0114 Community Nursing Care

0115 Assistance with Daily Life Tasks in a group or Shared Living Arrangement

0115 Assistance with Daily Life Tasks in a group or Shared Living Arrangement

0116 Innovative Community Participation

0117 Development-Life Skills

0118 Early Intervention Supports for Early Childhood

0120 Household Tasks

0125 Participate Community

0126 Ex Phys Pers Training

0127 Plan Management

0128 Therapeutic Supports

0136 Group/Centre Activities

The types and duration of support will continue between the Agreement start and finish dates unless a review is initiated earlier by either the Participant or Penrose Care Pty Ltd.

Penrose Care Pty Ltd.   will respect notice periods in relation to any changes in the type or duration of support in the event of a review of the Participant’s National Disability Insurance Scheme (NDIS) plan occurring.

This support service agreement will be reviewed prior to the NDIS Plan Review Date or as required and agreed by both Penrose Care Pty Ltd. and the Participant

2. Responsibilities

The Provider’s responsibilities.
 
         The provider Penrose Care Pty Ltd.   agrees to: 

⦁ Provide the Participant with written information (or in other format as requested) about the types of support to be offered.
⦁ Work with the Participant and their family/Carer and other relevant stakeholders (where required) to provide supports in a manner that suits their needs. 
⦁ Consult the Participant and their family/Carer and other relevant stakeholders (where required) on decisions about how supports are provided.
⦁ Treat the Participant and their family/Carer with courtesy and respect. 
⦁ Communicate openly and honestly and in a timely manner.
⦁ Listen to the Participant’s feedback and work to resolve problems quickly. 
⦁ Keep clear and timely records on the supports provided.⦁ Review the support service agreement with the Participant and the NDIS on above previously date and/or as required.
⦁ At all times comply with all Legislations, Regulations, Laws, Acts and Standards established by Government Authority in the provision of service under this NDIS Support Service Agreement.
⦁ Thorough provision of agreed supports/ services, under no circumstances discredit the valued status and prejudice the name of either the Participant or Penrose Care Pty Ltd.
⦁ Notify immediately your family/ Carer or other significant stakeholders of any significant incidents or accidents involving yourself under this Support Service Agreement.
⦁ Induct and appropriately train all support workers prior to the commencement of supports.
⦁ Provide ongoing supervision and feedback to support workers involved in your direct support.
⦁ Ensure criminal record and Working with Children (where required) checks for staff providing you with supports have been completed.
⦁ Provide staffing at different skill levels; however, the various options come at different costs pending on the support needs of the Participant. There may also be an option of a private agreement which will incur an additional charge to the Participant if he/ she wants to select their own staff member.
⦁ Follow the SCHADS (Social, Community, Home care And Disability Service) Award at all times to ensure the staff employed meet the award conditions.
⦁ Not accept any gifts over $20 and declare the gift if this occurs.

The Participant’s responsibilities:

⦁ Work cooperatively with Penrose Care Pty Ltd.   to ensure that services and supports are delivered to meet my needs.
⦁ Treat those involved in the delivery of my supports with courtesy and respect.
⦁ Keep Penrose Care Pty Ltd.   informed of any changes to my situation that I expect will have an impact on this Agreement.
⦁ Adhere to Penrose Care Pty Ltd.   complaint policies and procedure if I have any concerns about the services or supports being provided; agree if staff are not suitable, I will contact the Client Service Manager immediately and report my concerns.
⦁ Give Penrose Care Pty Ltd.   reasonable notice (2 weeks’ notice) should I need to change any arrangement so that appropriate adjustment, if necessary, can be made.
⦁ Give Penrose Care Pty Ltd.   reasonable notice (2 weeks’ notice) should I wish to cease this agreement.
⦁ Agree that if I overspend with my NDIA funds, I personally am liable for any extra costs.
⦁ Agree that Penrose Care Pty Ltd.   services will cease immediately until there are adequate funds available.
⦁ Agree that the best method of communication for me is (please indicate preferences)  email, letter, mobile phone, text or home phone.
⦁ Agree to contact the Client Service Manager with reasonable notice if additional hours/days are needed.
⦁ Provide a safe, working environment if working in the family / Participant’s home.
⦁ Agree to not deliberately contravene the SCHADS Award by asking the staff to work outside its conditions.
⦁ Agree to adhere to all Penrose Care Pty Ltd.   Policies and Procedures.

3. Changes to this Agreement

Should either party need to substantially change when or how supports are to be provided, each party agree to give two (2) weeks’ notices. 

⦁ If I, or my Plan Nominee do not provide the notice in the time specified, the provider will seek payment from me for the missed/ cancelled support. 

⦁ If Penrose Care Pty Ltd.   does not provide notice in the time specified, Penrose Care Pty Ltd.   will be responsible to provide missed/ cancelled support at no cost to the Participant at another time suitable to both parties.

Should changes start to happen on a regular basis, we both agree that it is time to discuss and review the support schedule documented in Section 3 of this Agreement. We agree that any changes to this Agreement will be documented in writing, signed and dated by both parties.

4. Termination of Agreement

Should either party require this Agreement to end, we agree to give four (4) week’s notifications.  If extenuating circumstances present or either party seriously breaches any terms of this Agreement, then the requirement of notice will be waived

Schedule of Supports

Participant’s additional expenses

Additional expenses (i.e., things that are not included as part of a Participant’s NDIS support) are the responsibility of or their plan nominee to pay directly to Penrose Care Pty Ltd. These are not included in the hourly price for support set by the NDIA. Examples include service provider travel and transport fees, public transport costs, community venue activity entrance fees, event tickets, meals, etc. 

In the event that there is more than one Participant sharing a vehicle per trip, the cost of the KMS will be shared between the numbers of Participants in the vehicle.

5. Cancellation of Supports

Cancellation by Penrose Care Pty Ltd.
Should Penrose Care Pty Ltd.   staff be unavailable due to illness/ leave, support for that day may be cancelled. Penrose Care Pty Ltd.   will notify you of our staff member’s absence as early as possible. Where applicable and appropriate, support for that day may be renegotiated for another time agreed upon by both the Participant and Penrose Care Pty Ltd.   to enable continuity of support or another staff member may be utilised. Penrose Care Pty Ltd.   will be responsible to notify the Participant no later than 2 hours prior to the documented support start time. No charge will be incurred by the Participant for that day’s support.

Cancellation by The Participant
Penrose Care Pty Ltd.   is required to receive notice of support cancellation 24 hours prior to provision of support.  If Penrose Care Pty Ltd.   does not receive such notice, payment will be claimed as per the participant’s agreed support Plan through the NDIS Provider Portal. Penrose Care Pty Ltd.   will make claims for no more than 8 individual instances of cancellation or no shows in a continuous 12-month period. Where cancellation is received within the specified timeframe no claim for payment will be made to NDIA. 

Where a Participant will not be available to receive support for a period of time in excess of 5 days (e.g., supported holiday, family holiday) Penrose Care Pty Ltd.   requests that a minimum of two (2) week’s notification is provided.  Failure to notify Penrose Care Pty Ltd.   of an extended absence may result in Penrose Care Pty Ltd.   making claims for payment of scheduled support to meet industrial relations obligations to its staff. 

Penrose Care Pty Ltd.   acknowledges that at times the health, personal and physical wellbeing of Participants may be compromised and extended periods away from support will occur at short notice. In these instances, Penrose Care Pty Ltd.   will consult with Participants, their families/ Carers or others responsible to ensure a suitable outcome is reached.

Participant Cancellation Protocol
Weekday Supports: Penrose Care Pty Ltd.   office hours of operation are from 8am – 5pm Monday to Friday. Participants, families/ Carers and other important stakeholders are requested to contact 0450100877 during these operating hours to notify any cancellation of your support.

Weekend/Public Holiday Supports: Participants, families/ Carers and other stakeholders are requested to contact our on call mobile number on 0450100877 or 0422970497 to notify any cancellation of your support.

6. Authorisation of Supports

Penrose Care Pty Ltd.   acknowledges that each Participant’s circumstance, knowledge and expertise is different.
To ensure Participants are provided the opportunity to have as much choice, control, flexibility and responsibility in the management of supports, Penrose Care Pty Ltd.   has included a range of options for Participants to ensure accountability and effective authorisation of supports that have been provided. Participants can choose from the below options:

I wish to manage and provide written authorisation of supports on a weekly basis to Penrose Care Pty Ltd. prior to Penrose Care Pty Ltd.   making Claim for payment through NDIA.

I have chosen to self-manage my supports and request that Penrose Care Pty Ltd.  provide me with details of types of support. 

7. Claims for and Payment of Supports

Penrose Care Pty Ltd.   will seek payment for support provided to Participants. After checking that a support was delivered and has been correctly authorised, a claim for payment to NDIA will be made as soon as practicable. To ensure claims for payments are made in a timely fashion please select an option from the list below. 

If yes, your support funding will be managed by NDIA for supports provided under this service agreement. After providing those supports, Penrose Care Pty Ltd. will claim payment for those supports from the NDIA.

If yes, Participant has nominated the Plan Management Provider below to manage the funding for NDIS supports provided under this service agreement. After providing those supports, the Provider will claim payment for those supports from the Plan Management Service.

Participant is self-managing funding for supports in this service agreement

8. Overdue Accounts
In the event payments for support are not received within 7 days from the issue date of each invoice the payments will be considered overdue and support for the Participant will not be provided until such time as the account is sufficiently settled.

9. Expiration of Support Funding
In the event that your allocated support funds for any of the support items included in your plan are exhausted prior to your annual review with the NDIA, Penrose Care Pty Ltd.   will make contact with you to identify and negotiate alternative arrangements for reimbursement of support costs incurred as part of your schedule of supports.

10. Goods and services tax (GST) 
For the purposes of GST legislation, the Parties confirm that:
⦁ the supports described in this Service Agreement are reasonable and necessary supports specified in the statement of supports in the Participant’s NDIS plan currently in effect under section 37 of the National Disability Insurance Scheme Act 2013;
⦁ the Participant’s NDIS plan is expected to remain in effect during the period the supports are provided; and
⦁ Will immediately notify Penrose Care Pty Ltd.   if the Participant’s NDIS Plan is replaced by a new plan or the Participant stops being a Participant in the NDIS.

11. Insurance & Indemnity:
Penrose Care Pty Ltd.   will be responsible to implement and maintain current and appropriate insurance coverage. 

12. Confidentiality
That Penrose Care Pty Ltd.   and the Participant have a responsibility to:
⦁ Keep all information in this Support Service Agreement confidential.
⦁ Keep all attached information to the Support Service Agreement confidential.
⦁ Only use the confidential information provided to enhance and support its performance in the provision of agreed services under this Support Service Agreement.
⦁ Provide access to information from this agreement for a specific need allowing the supports requested to be provided.

Penrose Care Pty Ltd. has a strict Privacy and Confidentiality policy, so to do this we need to seek your consent. Please tick the boxes below to indicate whether or not you consent to the following. You can withdraw your consent at any time:

13. Conflict of Interest
There are several supports provided by Penrose Care Pty Ltd. under the NDIS and Penrose Care Pty Ltd. recognises the right of all participants to choose which service providers will provide support as part of their NDIS plan. All Penrose Care Pty Ltd. staff will provide choice and control to participants when the participant is considering potential providers of a support which Penrose Care Pty Ltd. also offers. This includes providing relevant and accurate information on providers to assist in the participants decision making. Below are the options available to participants in exercising their choice and control when choosing providers.

14. Depletion of Support Coordination Funds
Where Penrose Care Pty Ltd. is the provider of Support Coordination for the participant and Support Coordination funds reach a zero balance Penrose Care Pty Ltd. will transition the participant to the Penrose Care Pty Ltd. Engagement team for support whilst a Plan Review or ‘Change of Circumstance’ is actioned by the NDIA, as required. The support provided by the Penrose Care Pty Ltd. Engagement team will be time limited, unfunded by the NDIA and will not provide the same level of support as an NDIS funded Support Coordinator.

15. Disaster Management and Recovery
In particular, the policy seeks to meet the following requirements:
⦁ The Provider ensures that all participants, staff, and visitors of the organisation are kept as safe as possible during disasters.
⦁ The Provider has plans in place to keep all people safe and ensure continuity of the services and supports they provide in as fast a time as is safely possible.
⦁ The Provider is professionally managed and has strong and effective governance to deliver positive outcomes for the people they support.
⦁ Each participant receives quality services that are effectively and efficiently governed.
⦁ Each participant receives quality services that are professionally managed and delivered by skilled staff with the right values, attitudes, goals, and experience.

The policy and procedures have been developed and will be implemented to meet the requirements of:
⦁ National Disability Insurance Scheme Act 2013 
⦁ National Disability Insurance Scheme (Code of Conduct) Rules 2018
⦁ National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018
⦁ National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules 2018
⦁ National Disability Insurance Scheme (Complaints Management and Resolution) Rules 2018
⦁ National Disability Insurance Scheme (Practice Standards-Worker Screening) Rules 2018
⦁ National Disability Insurance Scheme (Procedural Fairness) Guidelines 2018
⦁ National Disability Insurance Scheme (Quality Indicators) Guidelines 2018
⦁ The Work Health and Safety Act 2011.
⦁ Australian Human Rights Commission Act 1986
⦁ Disability Discrimination Act 1992.
⦁ The National Disability Insurance Scheme Terms of Business.
⦁ Other legislative or related provisions.
⦁ National Disability Insurance Scheme (Provider Registration and Practice Standards) Amendment (2021 Measures No. 1) Rules 2021
⦁ National Disability Insurance Scheme Legislation Amendment (Quality Indicators) Guidelines 2021 (Amending Guidelines).

16. Participation in Exercise Based Services
Participants utilising any of the exercise services delivered by Penrose Care Pty Ltd. need to be aware of the following: Exercise like any physical activity carries with it an inherent risk. Whilst Penrose Care Pty Ltd. have processes in place to minimise this risk it cannot be removed completely. Participants choosing Penrose Care Pty Ltd. to deliver these types of services do so with that knowledge.

17. Feedback/Complaint/Disputes
If you wish to provide feedback or make a complaint, please contact your Client Service Manager on Ph. 1800 795 382.  If the complaint/dispute remains unresolved, and you are not happy with the outcomes or Penrose Care Pty Ltd.’s Complaints process you can write to the CEO, Penrose Care Pty Ltd., 5 Fuchsia Crescent, Quakers Hills NSW 2763.

Penrose Care Pty Ltd. is committed to resolving complaints fairly, equitably, and as quickly as possible. The complaint can be face to face, by phone, fax, letter, or email. The complaint will remain confidential, and information will only be available to those who are involved in resolving the complaint. Complainants will not be disadvantaged or be prevented from continuing to receive support because of making a complaint.

The Complainant may at any point in the complaints process, contact the following: 
⦁ Client Service Manager
⦁ CEO
⦁ National Disability Insurance Agency
⦁ An external support agency

Included is a list of external providers who can assist you with the complaints process if you prefer:

NSW Ombudsman
Phone: 1800 451 524
Email: nswombo@ombo.nsw.gov.au 
Website: www.ombo.nsw.gov.au

National Disability Abuse & Neglect Hotline
Phone: 1800 880 052
Email: hotline@workfocus.com
Website: www.disabilityhotline.net.au

Intellectual Disability Rights Service
Phone: 9318 0144
Email: info@idrs.org.au
Website: www.idrs.org.au 

NSW Council for Intellectually Disabled
Phone: 1800 424 065
Email: mail@nswcid.org.au 
Website: www.nswcid.org.au 

18. Entire Agreement
This agreement sets out all of the terms of your support and services with Penrose Care Pty Ltd. This agreement supersedes and replaces all prior representations, contracts, and agreements (whether oral or in writing) detailing your supports and services with Penrose Care Pty Ltd. 

If there are any other matters you wish to discuss further, please let Penrose Care Pty Ltd. know before you sign this agreement.
Once you sign this agreement, you are confirming it is complete and no agreed terms are missing.

The Parties agree to the terms & conditions of this Service Agreement

Signed By:

Penrose Care Pty Ltd:

Phone Office hours: 9am to 5pm (Service Hours 24/7)
Contact Details: 1800 418 417 (Only Emergency 24/7 number 0422 970 497)
Email: admin@penrosecare.com.au

Receipt of the acceptance constitutes an absolute agreement for the provision of the service.