Service Agreement

 A Service Agreement can be made between a participant and a provider, or a participant’s representative and a provider. A participant’s representative is someone close to the participant, such as a family member or friend, or someone who manages the support funding under a participant’s NDIS Plan.

This Service Agreement is for a participant in the National Disability Insurance Scheme, and is made between:

or

This Service Agreement will commence in Aug 2026 for the period 12 months.

• This Agreement is made in accordance with the rules, standards and objectives of the National Disability Insurance Scheme (NDIS) and other applicable laws, such as the Australian Consumer Law (see section 4 below).

• A copy of the participant’s NDIS Plan is attached to this Service Agreement.

• The participant and the provider agree that this Agreement is in accordance with the main ideas of the NDIS. These ideas include having more choices, achieving personal goals and taking part in the community.

• The parties agree that this Service Agreement is made in the context of the NDIS, which aims to support the independence and social and economic participation of people with disability, and to enable people with disability to exercise choice and control in pursuing their goals and the planning and delivery of their supports.

The Schedule of Supports which is attached at the end of this Agreement will include the following information on services:

• How they will be provided, face-to-face and ratio details

• When they will be provided, date provided.

• HappinessFirst will create a team around participants, you will know who will support you at the beginning of each shift.

• How long they will be provided for.

• How much they will cost.

All prices are GST-inclusive (if applicable) and include the cost of providing the supports.

Additional expenses (i.e. things that are not included as part of a participant’s NDIS supports) are the responsibility of {insert participant/representative’s name} and are not included in the cost of the supports. Examples include entrance fees, event tickets, meals, and laundry products.

The provider agrees to:

• Communicate with you openly, honestly and promptly.

• Treat you with kindness, courtesy and respect.

• Partner with you on decisions about how your services and supports are provided.

• Review the provision of services and support with you, at least annually, and more often if required.

• Provide services and supports that meet your needs, circumstances, preferences and goals.

• Provide you with the opportunity to select your preferred support workers to support you on your preferred days and times.

• Provide you with a minimum of 24 hours’ notice, where possible, if we have to change a scheduled appointment to provide your supports.

• Provide supports that consider your safety.

• Implement and maintain safeguarding policies and procedures to uphold your human and legal rights.

• Complete an individual Personal Emergency Preparation Plan, partnering with you to review your needs and risks and design a plan that keeps you safe during an emergency or disaster.

• Complete a trial of your Personal Emergency Preparation Plan and seek your input to improve it.

• Follow incident management procedures in accordance with our Incident Management Policy and Procedure to ensure everyone’s safety, and provide you with information about the process we follow.

• Declare and manage potential, perceived and actual conflicts of interest in accordance with our Conflict of Interest Policy and Procedure.

• Explain, in a way that you understand, how you can provide feedback and lodge a complaint about our services internally to us and also to a third party (e.g. the NDIS Commission).

• Listen to your feedback and resolve problems quickly.

• Never offer or give you financial advice or recommendations.

• Review your Support Plan and this Service Agreement whenever your circumstances change, and provide you with updated versions for your records.

• Conduct appropriate worker screening and maintain processes for worker training and supervision to ensure our workforce is caring, compassionate, skilled and competent.

• Maintain processes to protect your privacy and personal information.

• Issue you with clear and accurate invoices and statements relating to costs and payments required.

• Give you the required notice if we must end this Service Agreement (see also ‘Ending this Service Agreement’ below).

• HappinessFirst Pty Ltd will comply with the additional condition of registration, in accordance with s 73G of the NDIS Act, in relation to providing assistance with daily personal activities to participants who live alone.

• HappinessFirst Pty Ltd recognises that participants who are provided with personal support in their own home face higher risk – in particular, where supports are provided by the same support worker for an extended period of time. The risk is even higher if the participant lives alone.

• HappinessFirst Pty Ltd will discuss with the participant how the support worker will be selected, and seek the participant’s input and collaboration in the selection process.

• Our workers comply with our Participant Living Alone and Receiving Personal Care Support from a Sole Worker Policy and Procedure, and we complete the Risk Assessment for Client Receiving Personal Care Support from a Sole Worker, to ensure appropriate safeguards are in place to protect participant health and wellbeing. This includes:

• Conducting regular participant risk assessments and ensuring they are accurately documented.

• Ongoing support worker monitoring and supervision by a manager/supervisor.

• Face-to-face in-home visits by the manager/supervisor, at a specified and appropriate frequency, to undertake in-person supervision of the support worker and to check on participant health, safety and wellbeing.

• At appropriate intervals, the supervisor will arrange a convenient time with the participant to establish their level of satisfaction with the type, quality and frequency of personal support provided, and make any required adjustments or follow-up actions.

HappinessFirst Pty Ltd will comply with the Australian Consumer Law and other requirements of the Competition and Consumer Act 2010 (Cth). Our services are fit-for-purpose and match the description provided.

HappinessFirst Pty Ltd will not:

• advise the participant of our ability to provide a specialised service when not legally able to do so;

• make false claims about the efficacy of any of our supports, services or products;

• make claims about the efficacy of treatments or supports that cannot be substantiated independently;

• mislead or deceive the participant (this includes providing false information or not enough information);

• accept payment for goods or services if we are unsure of our ability to supply them to the participant; or

• accept payment for goods or services that the participant has not agreed to purchase as part of their Service Agreement.

HappinessFirst Pty Ltd will not engage in unfair treatment of, or take advantage of, the participant. We will not:

• provide services or expend funds contrary to the participant’s Support Plan;

• request or accept additional fees for providing a service;

• offer inducements or rewards that could be perceived to encourage participants to take up or continue with HappinessFirst Pty Ltd or a particular service option; or

• engage in high-pressure sales tactics.

HappinessFirst Pty Ltd and our workers comply with the NDIS Code of Conduct. We will:

• act with respect for individual rights to freedom of expression, self-determination and decision-making in accordance with relevant laws and conventions;

• respect the privacy of people with disability;

• provide supports and services in a safe and competent manner, with care and skill;

• act with integrity, honesty and transparency;

• promptly take steps to raise and act on concerns about matters that might have an impact on the quality and safety of supports provided to people with disability;

• take all reasonable steps to prevent and respond to all forms of violence, exploitation, neglect and abuse of people with disability; and

• take all reasonable steps to prevent and respond to sexual misconduct.

Also in accordance with the NDIS Code of Conduct, HappinessFirst Pty Ltd will not represent or charge a price for the supply of goods for an NDIS participant that is higher than the price represented or charged for the same supply of goods for a person who is not an NDIS participant.

All reportable incidents are managed in accordance with our Incident Management Policy and Procedure and Reportable Incident Management Procedure. We will support and inform you of the actions taken and their results. We comply with the NDIS (Incident Management and Reportable Incidents) Rules 2018. See the Participant Handbook and Easy Read documents for more details.

The participant / participant’s representative agrees to:

• Respect the rights of workers, ensuring their workplace is safe, healthy and free from harassment.

• Abide by the terms of your Agreement with us.

• Understand that your needs may change, and with this, your services may need to change to meet your needs.

• Accept responsibility for your actions and choices, even though some choices may involve risk.

• Tell us if you have problems with the care and services you are receiving.

• Give us enough information to develop, deliver and review your Support Plan.

• Care for your health and wellbeing as much as you are able.

• Provide us with information that will help us better meet your needs.

• Provide us with a minimum of 24 hours’ notice when you know you will not be home for your scheduled service.

• Be aware that our workers are only authorised to perform the agreed number of hours and tasks outlined in your Service Agreement.

• Participate in safety assessments of your home.

• Ensure pets are controlled during service provision.

• Provide a smoke-free working environment.

• Pay the agreed amount for the services provided.

• Tell us in writing (where able) and give us notice before the day you intend to stop receiving services from us.

• Inform us if you wish to opt out when asked.

• Inform us about how you wish the supports to be delivered to meet your needs.

• Treat our workers with courtesy and respect.

• Talk to us if you have any concerns about the services and supports we are providing.

• HappinessFirst Pty Ltd. Give a minimum of 24 hours’ notice if you cannot make a scheduled appointment; if the notice is not provided by then, the HappinessFirst Pty Ltd cancellation policy will apply.

• Give HappinessFirst Pty Ltd the required notice if you need to end the Service Agreement (see ‘Ending this Service Agreement’ below for more information).

• Let us know immediately if your NDIS Plan is suspended or replaced by a new NDIS Plan, or if you stop being a participant in the NDIS.

HappinessFirst Pty Ltd will charge within the price limits and pricing arrangements specified in the NDIS Pricing Arrangements and Price Limits (https://www.ndis.gov.au/providers/pricing-arrangements). We will seek payment for the provision of services and supports after you confirm satisfactory delivery. We will:

• declare prices to participants before delivering a service;

• make claims for payments that are correct and truthful;

• only provide and charge for services and supports that are consistent with the participant’s NDIS Plan;

• provide a receipt to participants to acquit against their NDIS Plan;

• make a payment request only after that service or support has been provided;

• submit payment requests for NDIA-managed participants within a reasonable time (and no later than 90 days from the end of the service booking);

• discuss with you and seek your agreement on any proposed changes to charges for services; and

• keep full and accurate records of services and supports delivered.

All supports and claims must be delivered within the timeframe of the participant’s current NDIS funding period as outlined under s 33(2) and amended rules from the National Disability Insurance Scheme Act 2013 (Cth). Funding periods may be issued in quarterly (3-month) blocks, and HappinessFirst Pty Ltd will ensure invoicing and service provision align with these designated blocks to avoid rejected claims.

The participant’s NDIS Plan may include funding divided into 3-monthly periods. HappinessFirst Pty Ltd will only deliver and invoice for supports that fall within the active funding block. Invoices covering dates across two funding periods will be split accordingly. Participants will be supported to monitor expenditure to avoid overspend within any funding period. If a participant’s plan is reassessed or the funding structure changes, this Agreement will be varied accordingly.

If changes to your services or supports are required, the parties agree to discuss and review this Service Agreement. Any changes will be in writing, signed and dated by the parties.

If the participant’s plan funding structure changes (e.g. a change in the number or duration of funding periods), the parties agree to update this Service Agreement, including the Schedule of Supports, to reflect the new funding blocks and allocated budgets.

Where HappinessFirst Pty Ltd has a Short Notice Cancellation (or no-show), we can claim up to 100% of the agreed fee associated with the activity from the participant’s plan, subject to the NDIS Pricing Arrangements and Price Limits and the terms of this Service Agreement.

Short Notice Cancellation – 2 clear business days

• This applies to non-disability support worker supports where you have provided less than two (2) clear business days’ notice of cancellation for a support, or if you do not show up for a scheduled support within a reasonable time, or are not present at the agreed place within a reasonable time when one of our workers is travelling to deliver the support.

• This applies if we are not able to find alternative billable work for the relevant worker and we are required to pay the worker for the time that would have been spent providing the support.

• We may choose to waive the Short Notice Cancellation fee at our discretion, if we agree that your circumstances warrant this on a particular occasion.

Short Notice Cancellation – 7 clear business days

• This applies to disability support worker supports where you have provided less than seven (7) clear business days’ notice of cancellation for a support, or if you do not show up for a scheduled support within a reasonable time, or are not present at the agreed place within a reasonable time when one of our workers is travelling to deliver the support.

• This applies if we are not able to find alternative billable work for the relevant worker and we are required to pay the worker for the time that would have been spent providing the support.

• We may choose to waive the Short Notice Cancellation fee at our discretion, if we agree that your circumstances warrant this on a particular occasion.

For supports delivered to a group of participants, including you, if you cancel your attendance and we are unable to find another participant to attend the group session in your place, then, if the other requirements for a Short Notice Cancellation are met, we will bill you at the previously agreed rate that we would have billed had you attended.

Claims for a Short Notice Cancellation will be made using the same support item as would have been used if the support had been delivered, using the cancellation option in the myplace portal.

If we observe an unusual number of short notice cancellations, we will discuss this with you to understand why they are occurring and arrange more suitable shift times and days.

If you, as the participant, or your representative wish to provide us with feedback, or lodge a complaint in relation to services received from HappinessFirst Pty Ltd, you can talk to our team.

You can also make an anonymous complaint by completing the Complaints and Feedback Form, or you can phone.

If you are not satisfied with the handling of the complaint, or do not wish to talk to our team you can contact the NDIS Commission at any time throughout the process by calling 1800 035 544, visiting one of their offices in person, or accessing the NDIS website (https://www.ndis.gov.au/contact/feedback-and-complaints) for further information.

HappinessFirst Pty Ltd will collaborate with you to develop a Personal Emergency Preparation Plan tailored to your needs. This plan will outline actions to support your safety before, during and after any foreseeable emergency or disaster while you are accessing services with HappinessFirst Pty Ltd.

HappinessFirst Pty Ltd will conduct a trial of your Personal Emergency Preparation Plan to ensure its effectiveness. We will also seek your ongoing feedback to regularly review and refine the plan so that it remains relevant and practical.

In the event of an actual or potential emergency or disaster, HappinessFirst Pty Ltd will endeavour to keep you informed of the emergency or disaster and any measures being implemented to maintain your continuity of supports.

If required, trained staff from HappinessFirst Pty Ltd will assist you with evacuation procedures and relocation to a safe location, and will notify your nominated support person, as outlined in the Plan in the appendix to this Agreement.

For the purposes of GST legislation, the parties confirm that:

• a supply of supports under this Service Agreement is a supply of one or more reasonable and necessary supports specified in the statement of supports included under s 33(2) of the NDIS Act, in the participant’s NDIS Plan currently in effect under s 37 of the NDIS Act;

• the participant’s NDIS Plan is expected to remain in effect during the period the supports are provided; and

• the participant {insert participant or representative’s name} will immediately notify the provider if a new plan replaces the participant’s NDIS Plan, or if they stop being a participant in the NDIS.

The NDIS Commission or NDIA may collect personal information about you from you, your representative or a third party, using forms, online portals and other electronic or paper correspondence. The regulator, or we as the service provider, may collect information directly. The regulator may also obtain personal information collected by other Commonwealth agencies, State or Territory government bodies, or other organisations. From time to time, the NDIS Commission may receive personal information from members of the public without it being requested.

The NDIS Commission, and we as a service provider, will not ask you for any personal information we do not need. The Privacy Act requires that we collect information for a purpose reasonably necessary for, or related to, a function or activity of the Commission.

When the Commission collects personal information, it is required by the Privacy Act to notify you of several matters. These include the purposes for collecting the information, whether the collection is required or authorised by law, and any person or body to whom the information is usually disclosed. The Commission generally provides this notification through Privacy Notices on its paper-based forms and online portals.

Should either party wish to end this Service Agreement, they must give 1 month notice.

The notice requirement to end this Agreement will be waived if either party breaches the Service Agreement, or if otherwise agreed by both parties in writing.

The parties agree to the terms and conditions of this Service Agreement.

A copy of this completed Service Agreement is retained for seven (7) years.