Terms of Service

Service Provision

Our Commitment

Positive Care and Supports commits to providing:

• High-quality NDIS support services delivered by qualified staff
• Person-centred care that respects your goals, preferences, and dignity
• Services that comply with NDIS Quality and Safeguards Commission standards
• Safe, reliable, and professional support in all interactions
• Transparent communication about services, costs, and any changes

Service Scope

Our services include but are not limited to:

• Support Coordination (Level 2 and Specialist Level 3)
• Supported Independent Living (SIL)
• Positive Behaviour Support
• Community Access and Participation
• Short Term Accommodation (Respite Care)
• Speech Pathology services

Services are delivered in accordance with your NDIS plan and individual support agreements.

Participant Rights and Responsibilities

Your Rights

As a participant, you have the right to:

• Choose your service providers and make changes when needed
• Receive services that are safe, high-quality, and respectful
• Have your privacy and confidentiality protected
• Make complaints and provide feedback without fear of retaliation
• Access interpreters and communication supports when needed
• Have family, friends, or advocates involved in your care (with your consent)
• Refuse or discontinue services at any time
• Access your records and personal information

Your Responsibilities

As a participant, you agree to:

• Provide accurate information about your needs, goals, and circumstances
• Treat our staff with respect and courtesy
• Give reasonable notice for appointment changes or cancellations
• Follow safety guidelines and reasonable instructions from support workers
• Report any concerns or incidents promptly
• Ensure adequate funding is available in your NDIS plan for requested services
• Notify us of any changes to your contact details, plan, or circumstances
• Participate in goal setting and service planning processes

Service Delivery

Scheduling and Appointments

• Services are scheduled according to your needs and preferences
• We require 2 business days notice for appointment changes or cancellations
• Late cancellations or no-shows may result in charges as per NDIS guidelines
• We will notify you as soon as possible if we need to change or cancel an appointment
• Emergency support may be available for existing participants

Staff and Qualifications

• All staff have appropriate qualifications, training, and NDIS worker screening clearances
• Staff receive ongoing professional development and supervision
• You may request different support workers if personality or working styles don't match
• We maintain appropriate staff-to-participant ratios for all services

Service Standards

• Services will be delivered professionally and punctually
• Staff will follow your individual support plans and risk assessments
• All services comply with relevant Australian standards and NDIS requirements
• Regular reviews ensure services continue to meet your changing needs

Costs and Payment

Service Costs

• All services are charged at NDIS standard rates set by the National Disability Insurance Agency
• There are no additional fees, hidden costs, or premium charges
• Costs may vary based on service type, location, and time of delivery (weekday/weekend/after-hours)
• We will provide clear cost estimates before services commence

Payment Conditions

• NDIA-managed participants: We invoice the NDIA directly for approved services
• Plan-managed participants: We work with your plan manager for payment processing
• Self-managed participants: You are responsible for payment within 30 days of invoice
• Services may be suspended if payments become significantly overdue
• Payment disputes will be handled promptly and fairly

Plan Funding

• Services must be reasonable and necessary as outlined in your NDIS plan
• We will monitor your plan budget and notify you of expenditure
• Additional services beyond your plan may require plan review or private payment
• We can assist with plan reviews and requests for additional funding

Privacy and Confidentiality

Information Collection and Use

• We collect personal information necessary to provide quality support services
• Information is used only for service delivery, coordination, and legal compliance
• Your information is stored securely and accessed only by authorized staff
• We comply with Australian Privacy Principles and NDIS requirements

Information Sharing

We may share your information with:

• Other service providers in your support team (with your consent)
• Healthcare professionals involved in your care
• NDIS and government agencies as required by law
• Emergency services if there are immediate safety concerns
• Family members or advocates you have authorized

For detailed information about privacy practices, see our Privacy Policy.

Safety and Risk Management

Our Safety Commitment

• We maintain comprehensive risk assessments for all participants and activities
• Staff are trained in emergency procedures and incident management
• We comply with all relevant safety standards and regulations
• Regular safety reviews ensure ongoing protection

Incident Reporting

• All incidents are reported immediately to management and investigated thoroughly
• Serious incidents are reported to the NDIS Quality and Safeguards Commission
• You and your support network will be informed of any incidents involving you
• We implement corrective actions to prevent future incidents

Emergency Situations

• In emergencies, we will take immediate action to ensure safety
• Emergency services will be contacted when appropriate
• We will notify your emergency contacts and relevant parties
• Documentation and follow-up occur for all emergency situations

Service Changes and Termination

Service Modifications

• Services may be modified based on changing needs, plan updates, or safety concerns
• We will discuss any proposed changes with you before implementation
• You have the right to refuse service modifications
• Alternative arrangements will be explored if modifications are not acceptable

Service Termination

Services may be terminated by:

• You: At any time with reasonable notice (usually 7 days)
• Us: With 14 days written notice, except in cases of immediate safety concerns
• Plan expiry: When your NDIS plan ends without renewal
• Funding exhaustion: When plan funds are depleted

Reasons for Termination

We may terminate services if:

• Continued service delivery poses safety risks to staff or other participants
• Persistent non-payment or fraudulent activities occur
• Abusive behavior toward staff continues despite intervention
• Services are no longer appropriate for your needs
• We cannot provide adequate support due to resource limitations

In all cases, we will work with you to ensure smooth transitions to alternative providers.

Complaints and Feedback

Our Commitment to Quality

• We welcome all feedback and take complaints seriously
• You have the right to make complaints without fear of retaliation
• All complaints are investigated thoroughly and resolved promptly
• We use feedback to continuously improve our services

Complaint Process

• Complaints are acknowledged Within 2 business days
• Investigation begins within 5 business days
• Resolution is provided within 21 days for standard complaints
• Complex matters may take longer with regular progress updates

For detailed information about making complaints, see our Complaints Policy.

External Complaints

You can also make complaints to:

• NDIS Quality and Safeguards Commission: 1800 035 544
• NSW Ombudsman: 1800 451 524
• Victorian Ombudsman: 1800 806 314

Legal Information

Limitation of Liability

• Our liability is limited to the value of services provided
• We maintain appropriate professional indemnity and public liability insurance
• Force majeure events (natural disasters, pandemics, etc.) may affect service delivery
• We are not responsible for outcomes beyond our direct control

Intellectual Property

• All written plans, assessments, and reports remain our intellectual property
• You have the right to copies of documents relating to your care
• Our methods and processes are proprietary and confidential
• Website content and materials are protected by copyright

Governing Law

• These terms are governed by Australian law
• Any disputes will be resolved through Australian courts
• NDIS legislation and regulations take precedence where applicable
• Mediation is preferred for dispute resolution before legal proceedings

Changes to These Terms

Updates and Modifications

We may update these Terms of Service to reflect:

• Changes in legislation or NDIS requirements
• Improvements to our service delivery
• Feedback from participants and stakeholders
• Industry best practice developments

Notification Process

• Significant changes will be communicated 30 days in advance
• Notification will be via email, mail, or in-person discussion
• Updated terms will be posted on our website
• Continued use of services indicates acceptance of new terms

Individual Agreements

These general terms may be supplemented by individual service agreements that address specific needs and circumstances. In case of conflict, individual agreements take precedence for the specific services they cover.

Contact Information

For questions about these Terms of Service or to discuss specific service arrangements:

Agreement Acknowledgment

By engaging our services, you acknowledge that you have:

• Read and understood these Terms of Service
• Had the opportunity to ask questions and seek clarification
• Received a copy of these terms in an accessible format
• Been informed of your rights to external advocacy and support
• Agreed to the terms and conditions outlined above

We acknowledge our commitment to:

• Uphold these terms and provide quality services
• Respect your rights and dignity at all times
• Maintain transparency in all our dealings
• Continuously improve our services based on feedback
• Comply with all relevant laws and standards

Partnership Approach

These terms establish a foundation for our partnership, but our commitment goes beyond compliance. We aim to build lasting relationships that support your goals and enhance your quality of life.