Service Agreement - Community Options, Inc.€¦ · legislation, specification, safety requirements...

Community Options of 22 Original: 05/05/2014

FA Service Agreement Revision: 1: 08/04/2015

Initialled and agreed to by Community Options ____

Initialled and agreed to by Agency ____

Service Agreement

Date XX/XX/2015

Between

XXXXX

ABN ………………………………………………………………………………………………………………………….

And

Community Options Incorporated

ABN 48 485 657 783

Both copies of this Agreement should be signed by an Authorised

Representative of the Agency and should be returned to:

Community Options

Quality Management Committee GPO Box 3067

Canberra ACT 2601





Contents

1. Background ......................................................................................................... 4

2. Duration of the Agreement ................................................................................... 4

3. Definitions ............................................................................................................ 4

4. Agreement ........................................................................................................... 4

5. Cancellations ....................................................................................................... 5

6. Confidentiality ...................................................................................................... 6

7. Insurance and Indemnity ..................................................................................... 7

8. Dispute Resolution ............................................................................................... 8

9. Termination .......................................................................................................... 9

Termination without fault ................................................................................................... 9

Termination for cause ........................................................................................................ 9

10. Safety and procedures – Human Resource Management .............................. 10

11. Transportation ................................................................................................ 11

12. Subcontracting ............................................................................................... 11

13. Quality Standards and Requirements ............................................................. 11

14. Performance Audit .......................................................................................... 12

15. Service Shifts ................................................................................................. 12

16. Invoicing and Payments ................................................................................. 13

17. Drugs and Alcohol Policy ................................................................................ 13

18. Statutory Record ............................................................................................ 13

19. Reporting ........................................................................................................ 13

20. Personnel ....................................................................................................... 13

21. Working with Vulnerable People (Background Checking) .............................. 13

22. Cessation of Service....................................................................................... 14





23. Conflict of Interest .......................................................................................... 14

24. Data Collection ............................................................................................... 14

Agency Acknowlegement ......................................................................................... 16

Agency Checklist ...................................................................................................... 17

Attachment 1 ............................................................................................................ 19

Dispute Resolution ................................................................................................... 19

Attachment 2 ............................................................................................................ 21

NDIS Terms and Conditions ..................................................................................... 21

Pricing ...................................................................................................................... 21

Cancellation ............................................................................................................. 21





1. Background 1.1 - Community Options provides a range of services to eligible clients in the

community, aged and disability service sector. It does this within the framework of the

legislation, specification, safety requirements and service standards relevant to the

sector

Community Options offers Agencies an opportunity to provide functional support

services on an 'as needed' basis within the community services sector and

recognises that the delivery of services to the community is best achieved through

effective relationships between parties. Community Options is seeking long-term

business arrangements with quality Agencies that will commit to negotiating and

working together collaboratively to achieve the best possible outcomes for clients

within the community. By signing this agreement, you and your employees agree to

abide by these conditions. This document forms part of the induction to the

Community Options integrated Quality, Health and Safety Management System

2. Duration of the Agreement 2.1 - This Agreement is for the period of three (3) years from the day of execution unless

varied or terminated sooner in accordance with the terms of this Agreement

3. Definitions 3.1 - Agency means an agency registered to provide services to clients of Community

Options

3.2 - Client means the recipient of service provided by the Agency on behalf of

Community Options

3.3 - Personal information means personal, sensitive or health information as defined in

the Health Records (Privacy and Access) Act 1997 and the Privacy Act 1988 that is

either held, collected, created or otherwise obtained during the course of delivering or

planning support services

4. Agreement 4.1 - The parties of this agreement agree to work together to achieve best possible

outcomes for clients and in fulfilling their obligations under this Agreement will

communicate effectively and in a manner that shows mutual respect

Community Options agrees to:

4.2 - Work with the Agency to deliver high quality services that best meet individual client

needs

4.3 - Provide the Agency with accurate and current information that is applicable to

service delivery;





4.4 - Monitor, review and evaluate service delivery and provide relevant feedback to the

Agency;

4.5 - Make payments to the Agency for the delivered services by cheque or electronic

funds transfer directly into a bank account nominated by the Agency. These

payments will be deemed to have been paid by Community Options, when

Community Options’ bank indicates that it has sent the payments;

4.6 - Meet its obligations under this Agreement

The Agency agrees to:

4.7 - Provide services in accordance with all requirements of this Agreement and

Community Options service specifications as indicated in service requests;

4.8 - Comply with the terms and conditions of this Agreement; in accordance with the

service specification(s) defined in Community Options service requests exercising

due care, skill and judgement and at all times in accordance with applicable

professional ethics, principles and standards and ensuring the organisation’s

employees do likewise in accordance with relevant State and Federal laws, including

the legislation, guidelines and policies described in this Agreement;

4.9 - Ensure that the provisions of this Agreement are reflected either in the service

standards or written policies of the organisation and that these are made readily

accessible to relevant staff;

4.10 - Give a prompt written notification to Community Options of any changes to the

organisation, including a change in the management structure, legal status, the

organisation’s address and contact details;

4.11 - Notify Community Options in writing of any change in the organisation’s bank

account details, such notice to be signed by two authorised representatives;

4.12 - Implement best practices and guidelines (or other comparable quality framework in

the delivery of services purchased by Community Options)

4.13 – The Agency agrees that neither the support worker nor the Agency will initiate

change/s of days and or times of support arrangements once placed in writing by

Community Options Coordinators unless in the case of an emergency or such a

change is required after business hours in which case the Agency agrees to inform

Community Options at the first opportunity on the next business day

Should the client initiate a change of day and or times due to unforeseen

circumstances at the time of planning support arrangements, the Agency agrees to

accommodate that clients request to the best of their ability and inform Community

Options at the first opportunity or on the next business day

5. Cancellations 5.1 - A cancellation is defined as the inability to deliver the scheduled support when

advised by the client, their carer or nominated representative that they are

unavailable for their arranged support





- A “No Show” is understood as the inability to deliver the scheduled support when

the support worker has arrived to deliver the arranged support and the client is not

home or unavailable and has not notified either the Agency or Community Options.

In this instance, Community Options agrees to pay a fee equivalent to the full cost of

the support arranged to be delivered on that occasion. In case where the support

worker has to instigate an emergency response protocol, Community Options agrees

to pay the Agency for the actual time spent by the worker or a fee equivalent to the

full cost of the support arranged to be delivered on that occasion, whichever is

greater

5.2 - Community Options agrees to notify the provider of changes to support

arrangements as soon as notified by the client and/or their authorised representative

- Community Options will advise whether the cancellation of support arrangements

requires re-scheduling

- Notice to cancel support 4 or more hours prior to support delivery is considered a

reasonable time-frame. In this instance there is no fee incurred by Community

Options

- Where notice to cancel support is provided to the Agency outside of the reasonable

time-frame (less than 4 hours prior to scheduled support), Community Options

agrees to pay a fee equivalent to 1 hour of the support arranged to be delivered on

that occasion

5.3 - In some instances, notice periods and the applicable cancellation fees may be

different from the ones set out in this clause. In these instances, the Agency’s

cancellation fee policy with the applicable notice periods and cancellation fees will be

attached to this Service Agreement. Any change to the Agency’s cancellation fee

policy will be formally negotiated with Community Options at least two weeks prior to

the proposed changes becoming effective

5.4 - No fee is payable by Community Options for any cancellation by a provider or any

failure to deliver the agreed supports including where the client does not accept an

alternative worker, date or time for the support as suggested by the Agency

5.5 - In addition to the above, the Agency agrees (where applicable) to meet NDIS terms

and conditions for cancellation of service as stipulated in the Attachment 2 of this

Agreement

6. Confidentiality 6.1 - By returning the signed Service Agreement, the Agency acknowledges that client

information obtained as a result of the registration with Community Options remains

strictly confidential between the parties and is subject to the Privacy Act 1988, and a

breach of confidentiality under this Agreement may be an offence under that Act





6.2 - The Agency indemnifies Community Options against all loss and damage incurred

or suffered directly through the intentional or unintentional use of confidential

information

6.3 - The Agency under no circumstances is to, approach, negotiate or disclose any

information to a third party regarding services provided on behalf of Community

Options without the expressed written consent of Community Options. Disclosure by

the Agency of any information provided by Community Options will be seen as a

breach of this Agreement and this may result in the suspension of registration

6.4 - Furthermore, Agencies and staff are not entitled to refer to any service relating to

Community Options in the press (including media), in advertising or in any other form

of communication without the expressed written consent of Community Options

Both parties will ensure that the rights and confidentiality of clients and staff are

protected in policy and practice in accordance with State and Commonwealth

legislation. The Agency will ensure that, in the event of an investigation or monitoring

undertaken by or on behalf of Community Options regarding the records or activities

of clients and staff, all relevant records and documents will be made available to

whomever is authorised by Community Options

6.5 - Other than with the consent of the particular client or in accordance with a

legislative requirement, the Agency will not disclose any information concerning

clients of Community Options made available to them in monitoring or investigating

the implementation of the service specification

6.6 - The Agency will comply with the Commonwealth Privacy Act, 1988. In addition, the

Agency will comply with the Health Records (Privacy and Access) Act 1997 when

dealing with health information

6.7 - The Agency will develop and implement policies and procedures that are consistent

with the Privacy Legislation and principles

6.8 - This Agreement sets out the privacy understanding as to how each party will

operate in relation to these services. Where there is a conflict between this

Agreement and any other document or information then this Agreement has priority

and will prevail

7. Insurance and Indemnity 7.1 - The Agency when carrying out the obligations under this Agreement agrees to

exercise the highest level of care and skill so that the Agency will not cause loss or

damage to the property, or personal injury, or death to any person

7.2 - The Agency agrees to indemnify Community Options against any liability arising

from service provision and maintain appropriate levels of insurance. The Agency

must therefore meet the following requirements for insurance:

Public liability and professional indemnity insurance for an amount of not less

than $10 million (ten million dollars);

Worker’s compensation insurance as required by the ACT legislation;





Any other insurance in respect of any liability that may arise out of the

provision of services

7.3 - The Agency agrees that the Agency has undertaken an assessment of risk and

arranged and maintains adequate insurance cover to protect:

7.3.1 The Agency against legal liability risk for personal injury and/or property damage

or other financial loss claims including, without limitation:

a) Public liability; and

b) Directors’ and officers’ liability; and

c) Professional indemnity

7.3.2 The Agency shall provide Community Options with proof of the Agency’s

insurance cover and a certificate of currency. Copies of the certificate of currency

for Agency's relevant workers compensation insurance or income protection policy

must be provided with this submission and will be requested regularly and will be

based on the renewal schedule

7.3.3 Should any of the required insurance policies lapse or be cancelled, the Agency

agrees to immediately notify Community Options in writing of the new

arrangements. Evidence of continued insurance cover will be requested regularly

and be based on your renewal schedule

8. Dispute Resolution

8.1 - If a Dispute arises between the Agency and Community Options concerning:

a) the terms and conditions of this Agreement

b) the provision of Services under this Agreement, or

c) any other matter arising under this Agreement

8.2 - Either party may initiate the Dispute Resolution Process set out in Attachment 1.

This occurs by notifying the other Party in writing (‘Notice of Dispute’), within 10

working days of becoming aware of the issue

8.3 - Both parties agree that the Dispute Resolution Process cannot be used to

determine:

a) a variation in the Agency Fees for Service

b) a variation in service levels

c) casework disputes regarding an individual/family client and the Agency, or

d) complaints against Community Options not directly related to the terms and

conditions of this Agreement

8.4 - Notwithstanding any dispute, Community Options and the Agency will, subject to

this or any other provision of this Agreement, each continue performing obligations

under this Agreement while a dispute resolution process is being followed.

Community Options may request that the Agency cease performing obligations under





this Agreement while a dispute resolution process is being followed and, upon receipt

of such a request, the Agency will cease performing obligations

8.5 - Information relating to the dispute shall remain confidential, as far as possible.

However, this requirement for confidentiality will not prevent either party from

disclosing necessary information to legal advisers, insurers or other necessary

parties such as its board of directors, or another member of a group which is party to

the dispute. Any person involved in the Dispute Resolution Process may be required

to sign a confidentiality agreement as a precondition to their involvement. This

section in no way limits Community Options right to invoke clause(s) 8.1, 8.2

(Termination)

9. Termination

9.1 - If this Agreement is terminated, or the obligation to provide services under this

Agreement is terminated, the Agency will not be entitled to any payment as a consequence of the termination, this includes payment of consequential losses, loss of profit, loss of opportunity, breakage costs and employment termination costs

Termination without fault

9.2 - This Agreement may be terminated at any time if both parties so agree. Termination

from either party is to be submitted in writing

9.3 - The Agency may terminate this Agreement on provision of sixty days’ notice, in

writing

9.4 - Community Options may terminate this Agreement if funds for the provision of

services are no longer available to Community Options. The Agency also understands

that signing this Agreement does not guarantee the allocation of services

Termination for cause

9.5 - Community Options may immediately terminate this Agreement by giving written

notice if one or more of the following occurs:

a) The Agency breaches a provision of this Agreement in a manner that, in

Community Options’ opinion, is not able to be remedied

b) The Agency breaches this Agreement in a manner that, in Community

Options’ opinion, is capable of remedy and the Agency does not comply with

a notice to remedy the breach within the period specified in that notice or

c) The Agency breaches this Agreement in a manner that, in Community

Options’ opinion, is capable of remedy and the Agency and Community

Options cannot agree to remedial action

d) The Agency breaches this Agreement or fails to deliver services in a manner

that, in Community Options opinion, requires immediate termination

9.6 - The Notice of Termination for Cause will specify:





a) an appeal period of at least 20 days, and

b) the effective termination date, which will be within 60 days from the date of the

notice, unless otherwise specified

9.7 - During the appeal period the Agency may make written submissions to the Quality

Management Committee concerning the decision to terminate this Agreement. The

Quality Management Committee may set aside that decision or extend the appeal

period to allow further consideration of the matter. Any decision by Community

Options to then proceed to terminate the Agreement shall be final

9.8 - The Agency and Community Options agree that the written notice, any written

submissions and all related information (whether in writing or oral) shall be kept

confidential during the appeal period, except to allow either party to seek legal advice

10. Safety and procedures – Human Resource Management 10.1 - For the purpose of the Work Health and Safety Act 2011, the Agency is the

employer of workers providing services to clients on behalf of Community Options and

will therefore take all reasonable measures to ensure health and safety of workers

while providing services through this Agreement

10.2 - The Agency will comply with all Territory Laws concerning equal employment

opportunity, anti-discrimination and affirmative action in all staffing matters relating to

the implementation of Service Specifications that are funded by Community Options.

Staff matters include advertising, selection procedures, staff training, employment

practices and separation practices

10.3 - The Agency shall comply with the requirements of the Work Health and Safety Act

2011 and regulations, ordinances and any law required by authorities having

jurisdiction over the workplaces where work is to be carried out. This also includes

processes relating to Health Records (Privacy and Access) Act 1997, Privacy Act

1988, Fair Work Act 2009, ISO 9001-2008 (Quality Assurance) and AS 4801-2001

(WHS), as applicable. Other standards will be applied, as applicable, depending on

funding and contract requirements

10.4 - The Agency shall comply with all awards, taxation requirements, superannuation,

industrial agreements and other conditions relevant to the provision of services to

Community Options

10.5 - The Agency agrees to induct all new staff to ensure they are aware of their rights,

responsibilities, obligations and organisational expectations

10.6 - The Agency agrees to ensure that all service provision staff have the necessary

qualifications, industry accreditations and insurances to undertake service provision

10.7 - As part of the performance audit, the Agency has appropriate processes in place to

progressively train its staff on changes and improvements in their rights,

responsibilities, obligations and organisational expectations





11. Transportation 11.1 - Transportation assistance refers to mobility-support services that are available to

individuals with disabilities and the elderly, who are unable to drive from one place to

the next or use public transport due to physical or cognitive limitations

In cases where the service provision by the Agency involves client transportation, the

Agency agrees to have reasonable safeguards in place to ensure safe provision of

that service. This involves making sure workers transporting clients are fully licensed,

and vehicles used for client transportation are roadworthy and comprehensively

insured

11.2 - Transportation of Community Options clients may be provided utilising the support

workers vehicle. Under no circumstances would Community Options request the

Agency to transport a client utilising the client’s vehicle

11.3 - Through the course of daily service delivery Community Options may request a

support worker to transport a client from their home to a designated shopping area or

scheduled appointment and then return to the client’s home. The Agency shall

ensure that all necessary insurances and indemnities are in place as outlined in

clause 6 (Insurance and Indemnity)

12. Subcontracting 12.1 - The Agency agrees to provide services in accordance with Community Options

guidelines and specifications. The Agency under no circumstances is to subcontract

services ordered by Community Options to another Agency

13. Quality Standards and Requirements 13.1 - Community Options aims to provide high quality services to its clients. The following

quality standards have been developed to ensure that through its Agencies,

Community Options delivers high quality services and meets funding and legislative

requirements

Quality Standard 1. Experience in Aged Care and Disability: The Agency has been

operating for a minimum of five years as an aged and disability care provider. In

some instances, it may be sufficient, if the Agency or its principals have at least five

years’ experience in managing an organisation providing services to older people

and people with disabilities

Quality Standard 2. Effective Management: The Agency demonstrates effective

management processes based on a continuous improvement approach to service

management and delivery

Quality Standard 3. Effective Human Resource Management: The Agency

demonstrates sound human resource management processes including staff

recruitment, induction training and police check requirements as stipulated in Clause

20





Quality Standard 4. Effective Information Management System: The Agency has

appropriate information management systems that assist with effective and efficient

management of service requirements and communication

Quality Standard 5. Regulatory Compliance: The Agency meets legislative and

statutory requirements including the health and safety standards

Quality Standard 6. Risk Management, Insurance and Indemnity: The Agency

identifies and manages potential risks to ensure safety of clients, staff and the

organisation. The Agencies must also indemnify Community Options against any

liability arising from service provision and maintain appropriate levels of insurance.

The Agency will therefore meet the following requirements for insurance:

• Public liability and professional liability insurance for an amount of not less

than $10 million (ten million dollars);

• Worker’s compensation insurance as required by the ACT legislation;

• Any other insurance in respect of any liability that may arise out of the

provision of services.

14. Performance Audit 14.1 - Community Options has aligned its quality management processes with the

Department of Health and Ageing/HACC - Home and Community Care “Community

Care Common Standards”. In agreeing to the terms and conditions of this Service

Agreement, the Agency agrees to participate in ongoing evaluations of organisational

compliance with quality standards and other requirements, as delineated in relevant

legislation, service standards, and this Agreement. The audits (evaluations) will

usually be conducted by Community Options every three years or earlier if required

14.2 - The framework for the Agency Performance Audit is the six (6) quality standards as

outlined in the Quality Standards section of this Agreement Clause 12. The

performance audit process will also be influenced by either non-compliance or poor

compliance identified in the application process or issues that may arise during the

course of daily service provision

15. Service Shifts 15.1 - The Agency agrees to fulfil shifts as specified by Community Options Coordinators.

In circumstances where a scheduled worker is unavailable to perform their allocated

shift, the Agency shall attempt to find a substitute worker with appropriate skills to

perform the requested service as per Community Options specifications. If the

Agency is not able to allocate a substitute support worker, the Agency will inform the

Community Options Coordinator/Case Manager either by phone or email in a timely

manner that will enable the Coordinator/Case Manager to engage a different Agency

15.2 - In cases where a regular/named worker is unavailable, the Agency agrees to give

due notice to Community Options. The Agency also agrees to directly inform the

client about the worker’s unavailability or any other changes, as appropriate





16. Invoicing and Payments 16.1 - All Agencies will invoice Community Options on a regular basis and not less than

monthly, clearly displaying all details required for payment by Community Options,

including actual hours of and type(s) of service provided

16.2 - Payment will be made once the invoice is approved by Community Options, and in

most cases will be paid within 14 days. All variations to standard jobs must be listed

separately on the invoices, according to a price previously agreed with Community

Options

17. Drugs and Alcohol Policy 17.1 - Registered Agencies undertake not to perform or attempt to perform any support

duties whilst under the influence of alcohol or any illicit, illegal or unprescribed drugs

or other controlled substance/s. Agencies shall ensure that staff adhere to a no

smoking policy while providing services to clients

18. Statutory Record 18.1 - The Agency shall be required to comply with all statutory regulations and any other

authority having jurisdiction over the workplaces

19. Reporting 19.1 - The Agency shall immediately report any incidents or complaints involving a client

or their property to the allocated Community Options service Coordinator/Case

Manager, Team Manager or Client Services Manager, as appropriate

19.2 - The Agency shall report any changes to statutory or voluntary standards/codes of

practice that effect the Agency's work and identify the impact on their service delivery

20. Personnel 20.1 - All staff of the Agency providing services to Community Options clients shall be

adequately trained and have necessary skills and qualifications including WH&S

inductions. They shall have undergone registration for “Working with Vulnerable

People (Background Checking)” or other in accordance with requirements set out in

Clause 20 of this Agreement

20.2 - The Agency agrees that all staff shall maintain professional boundaries at all times.

Should a personal friendship develop as a consequence of service delivery it is

expected that the staff member is removed from their role in supporting the

Community Options client

20.3 – All “social media friendship invitations’ are encompassed in the statements of

professional boundaries stated in 19.2

21. Working with Vulnerable People (Background Checking)





21.1 - The Agency will develop procedures to ensure compliance with police check

requirements as stipulated in this clause

21.2 - The Agency will ensure that all employees who are reasonably likely to have access

to Community Options clients possess a current Working with Vulnerable People

registration with the ACT Office of Regulatory Services as per Working with

Vulnerable People (Background Checking) Act 2011 prior to commencement of

services

21.3 - The Agency will ensure that all employees who are reasonably likely to have access

to Community Options clients will have a valid Working with Vulnerable People

registration

21.4 - The Agency will conduct appropriate risk assessments as part of recruitment and

human resource management processes to ensure that all their employees who will

have access to Community Options clients are ‘fit and proper’ for purposes of

providing services to vulnerable people

22. Cessation of Service 22.1 - Community Options reserves the right to request the cessation of service to

Community Options clients without the need to provide a detailed explanation. The

Agency acknowledges that it shall promptly comply with any such request. The

Agency is responsible for ensuring that they comply with the Fair Work Act 2009 or

relevant Modern Award

23. Conflict of Interest 23.1 - If you believe you have a conflict of interest in entering into any registration with

Community Options then the conflict or potential conflict shall be disclosed before

registration finalisation

23.2 - If during the term of the registration a conflict of interest arises, the Agency undertakes

to notify Community Options immediately in writing of that conflict or risk

24. Data Collection 24.1 - The Agency will not collect data or conduct research into services provided under

this Agreement without prior knowledge and approval by Community Options. Should

the approval be granted for research or any other data collection purposes, the

Agency also agrees to comply with privacy legislation and data collection standards

24.2 - Community Options will make available to the Agency within 28 days of receiving a

written request for such a copy, any public information or report compiled by

Community Options as a result of such surveys or of any annual report compiled from

ongoing data collections

24.3 - The Agency will promptly notify Community Options if it, or any third party intends to

conduct research into services that receive funds under this Agreement. The Agency





agrees that any such research must comply with privacy legislation and Community

Options data collection standards





Agency Acknowlegement I have read and understood the conditions of the Agency Service Agreement and agree to

abide and accept them as part of my Agency registration with Community Options.

I understand that Community Options does not guarantee that work will be provided to the

Agency. Jobs will be allocated on the basis of client requirements and Agency availability.

Agency ………………………………………………………………………………………………..

Authorised

Representative

(Print Name) ……………………………………………………………………………………………….

Position ………………………………………………………………………………………………

Signature of

Authorised

Representative ……………………………………………………………………………………………….. Date ……………………….

Name of

Witness …………………………………………………………………………………………….....

Signature of

Witness ………………………………………………………………………………………………. Date ……………………….

Community Options

Authorised

Representative

(Print Name) …………………………………………………………………………………………………

Position …………………………………………………………………………………………………

Signature of

Authorised

Representative ………………………………………………………………………………………………... Date ………………………..

Name of

Witness ………………………………………………………………………………………………..

Signature of

Witness ……………………………………………………………………………………………….. Date ………………………..





Agency Checklist

Agency ……………………………………………….................................. ABN ………………………………………………

Contact ………………………………………………………………………. Telephone No ………………………………

Email …………………………………………………………………………. Facsimile No …………………………………

1. Please tell us how you are addressing the following ()

No action Partial

system

Complying

system Certified

Work Health and Safety Act 2011

Fair Work Act 2009

Health Records (Privacy and

Access) Act 1997

Privacy Act 1988

ISO 9001-2008 (quality)

AS 4801-2001 WHS Management

Working with Vulnerable People

(Background Checking)/Police

checks (Clause 21)

Partial system = Most of the system prepared and implemented, still some

actions to be completed

Complying system = All requirements covered and implemented

Certified = Certified by a third party audit, certificate available

2. Please provide details of any mandatory qualifications held by Agency staff

(support workers) e.g. first aid certification.

………………………………………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………………………………





………………………………………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………………………………

3. Do you have the following? () (where applicable)

Yes No Partially

completed

Safe work method statement for main tasks

Documented policy and procedures

Material safety data sheets (chemicals/hazardous goods)

First aid kits in all service vehicles

……………………………………………………………

Name (please print)

…………………………………………………….

Signature

……………………………………..

Date





Attachment 1

PLEASE NOTE: This attachment forms part of the Agreement between Community Options

and your Agency for the delivery of funded services.

Dispute Resolution

Service Agreement Reference: Clause 7

This Dispute Resolution Process is to be followed when either party has issued a “Notice of

Dispute” under Clause 7 of this Agreement. A dispute is a situation in which the Parties

cannot agree on a solution to a matter of concern.

This matter of concern may be related to -

- the provision of services under the Agreement, or

- other matters related to performing the obligations under the Agreement and the

matter of concern might otherwise be referred to a court of law for resolution.

The Dispute Resolution Process emphasises a non-adversarial, non-threatening, non-

legalistic and flexible process that seeks to avoid recourse to court proceedings or other

legal action. This process is in place to facilitate workable outcomes in resolving concerns in

relation to the delivery of services.

Both Parties agree to adhere to the principles of The Dispute Resolution Process as set out

below -

- respect what the other Party is saying

- seek to clarify and identify the key issues for each Party

- seek to explore options which meet the interests of both Parties

- define agreements carefully and document them

- build processes for review

The process should only be initiated when -

Discussions between Community Options and the Agency have;

- failed to resolve a matter of concern, or

- Community Options and the Agency cannot agree on appropriate remedial action.

The Dispute Resolution Process does not prevent the Agreement being terminated as stated

in Clause 8.

All parties will make every effort to act reasonably and in good faith to resolve the dispute at

every opportunity of the Dispute Resolution Process.

All forms of communication throughout the Dispute Resolution Process must be fully

documented and meetings minuted. All information regarding the dispute is to be treated as





confidential between the parties, with disclosure only permitted to those people directly

involved in the Dispute Resolution Process

The Dispute Resolution Process Outline

Notice of Dispute (Day 1 of the Dispute)

Must be given in writing – the ‘Notice of Dispute’ - within a reasonable time of the party

becoming aware of an issue. For the purpose of these stages Day 1 of the Dispute is the day

upon which the Notice of Dispute is received by the either party or two business days after

issuing the Notice of Dispute, whichever is the earlier.

The Notice of Dispute will:

- state who will be the nominated senior representative(s) of the party issuing the

notice in the Dispute Resolution Process for the purpose of participating in the

Dispute Resolution Process

- require the other Party to immediately advise in writing who will be their nominated

senior representative(s) for the purpose of participating in the Dispute Resolution

Process

- The nominated senior representatives must include those people authorised to

make decisions on behalf of the organisation. For Community Options this will be

the Quality Management Committee whom oversees the Application for

Registration.

- Each Party must ensure that its nominated senior representatives are reasonably

available to discuss the Dispute throughout all stages of the process.





Attachment 2 (if an NDIS regsitered provider)

PLEASE NOTE: This attachment forms part of the Agreement between Community Options

and the Agency for the delivery of services to National Disability Insurance Agency (NDIA)

participants, otherwise referred to as clients.

NDIS Terms and Conditions

By signing this Attachment, the Agency agrees to provide services to Community Options

clients funded under the National Disability Insurance Scheme (NDIS). The NDIA terms and

conditions for delivery of services under the NDIS are stipulated in Support Clusters

Definitions and Pricing for Australian Capital Territory (current version release date:

Wednesday, 19 November 2014). By signing this Agreement, the Agency agrees to meet all

NDIA terms and conditions for delivery of services under the NDIS, including:

Pricing - The NDIA sets the value for funded supports within participant’s packages (the

client). At present it also limits the price a service provider may charge to a client of

the National Disability Insurance Scheme (NDIS).

- A service provider can only invoice up to the maximum claimable amount as set by

the NDIA for services brokered by Community Options for NDIS clients.

- Services purchased for NDIS clients are to be invoiced exclusive of GST with the

exception of a small number of items where GST is applicable as set out in section

38-38 of the GST Act.

- The Community Options coordinator will negotiate the price for the service being

arranged at the time of placing the order. The negotiated price will not exceed the

maximum claimable amount as set by the NDIA for the service being purchased. The

purchase order to the Agency will confirm the NDIS Support Item number the service

is purchased under. This relevant price (up to the maximum unit price as set by the

NDIA) will be included in the Community Options purchase order to the Agency as

the official record of details for the services to be provided.

- If Community Options is engaging a service provider that is not aware of the NDIA

pricing structure, Community Options will advise the service provider of the

applicable pricing at the time of arranging support.

Cancellation - In relation to in-home and community-based supports, if the client, or their family or

carer on their behalf, agree there was an unforeseen circumstance that resulted in a

cancellation, no show or late change, a fee may be charged against a client’s plan in

accordance to the terms set out in the Support Clusters Definitions and Pricing for

Australian Capital Territory current at the time of the scheduled service. A standard





cancellation fee of 1 hour of service is applicable for ‘no shows’ and late cancellations

(i.e. a cancellation with a notice period of less than 4 hours before the scheduled

service). In some instances, notice periods and the applicable cancellation fees may

be different from the ones set out in this clause. In these instances, the Agency’s

cancellation fee policy with the applicable notice periods and cancellation fees will be

attached to this Service Agreement. Any change to the Agency’s cancellation fee

policy will be formally negotiated with Community Options at least two weeks prior to

the proposed changes becoming effective.

Service Agreement - Community Options, Inc.€¦ · legislation, specification, safety requirements...

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