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Disability Alert

Have you got your NDIS Agreements ready?

| Published by Donna Rayner, Solomon Miller

The National Disability Insurance Scheme (“NDIS”) rollout is now well underway across most of Australia. This nationwide transition to the NDIS regime is scheduled to be completed by July 2019.

We have previously discussed some of the ways the NDIS will change the way disability services are funded and regulated – see our Disability Alert

All NDIS providers, whether offering services and/or accommodation, must enter into a written agreement with their clients. With our long history in providing legal services to disability services providers, Russell Kennedy has been working to develop ready to use template agreements which ensure disability service providers meet their legal obligations in this fast-changing and complex regulatory environment. 

Russell Kennedy has developed:

  • A template NDIS accommodation agreement for Specialist Disability Accommodation ("SDA") providers for existing stock (with a new stock agreement in the pipeline); and
  • An NDIS Services agreement.

SDA providers who are also offering other supports to their residents should use our NDIS accommodation agreement in conjunction with our NDIS Service Agreement. Both agreements come with a short-form summary to assist clients to understand the agreements. 

We are also developing supplier/brokered service agreements for NDIS providers to use when subcontracting or brokering services.

All these agreements are drafted to meet the NDIS legal requirements, Terms of Business and applicable guidelines as well as the Victorian Disability Act where necessary. For SDA providers, the payment obligations, notice requirements for termination, tenancy rights and covenants, and access rights of community visitors continue to follow existing protocols under Victoria’s Disability Act.

Russell Kennedy’s NDIS accommodation agreement and NDIS service agreements are available for purchase in a ready to use, plain language format. We can also tailor these to take into account the specific policies and procedures of your organisation. 

Our experienced team can provide assistance to ensure you are meeting your obligations as an NDIS provider. If you are an NDIS SDA provider, please contact Donna Rayner if you would like to discuss the requirements for an NDIS accommodation agreement. If you are registered to provide disability supports, please speak to Solomon Miller about our NDIS service agreements. All our team can be contacted on 9609 1555.  

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