Looking for our NDIS Support Worker Service Agreement Template? Go here.

As a sole provider or small agency operating to provide support to clients on the NDIS, your time is precious and you shouldn’t need to spend time dealing with confusion or disagreements with clients. Some of the key issues we have seen come up time and time again for NDIS support workers with their clients include confusion, disagreement or disputes about:

• What you (or your support workers) will do as part of the supports

• Things excluded from the supports you are providing;

• What is to happen if you or your support worker team are unable to work;

• How payment for services is to be made;

• What will happen if the service cannot be provided by you for whatever reason;

• What will happen if a replacement carer is required; or

• What will happen if the client is injured while in the care of a support worker.

Large agencies often have detailed NDIS Support Worker Service Agreements to cover specifics like these and many individuals are attracted to the security and confidence this provides. There is no reason you, as a sole provider or small agency, can't provide the same level of security and confidence. A high quality Support Worker Agreement to give to the disability client is the start of a solid foundation you need to help build certainty about the relationship for both your client and yourself.

For Specialty Disability Accommodation (SDA) a separate service agreement must be in place. While it is not compulsory for other support workers, it is recommended. The main reason for this is that it gives everyone, the client, any relevant carers and yourself as the provider a clear framework for tasks performed, hours of care and other critical scope elements. It also shows your willingness to comply with the NDIS Code of Conduct and be transparent about the care and supports you will provide your disability client.

There are enough challenges when working within the NDIS without having to face avoidable disputes and loss of time due to the management of avoidable administrative tasks. Below we outline the must-haves for any NDIS Support Worker Service Agreement in order to protect yourself as much as possible against issues relating to the scope of work, interruptions to service, client injury while in your care and other problematic instances we’ve seen arise for support workers over the years.

1. Clarity about scope of work

Realistic expectations and a specific scope of work will ensure that you, or the support workers in your agency, are on the same page. It is essential when you first meet with the client and/or their carer, that you both come away with a detailed understanding of what they want from you and what you are able or willing to offer.

Support workers have varying abilities, skills and capacities so establishing the specifics of what the needs are and what you can offer, if there’s a match, this needs to be detailed in the agreement you give the client for them to read, review and sign. If it is not specific enough then it may prove useless because, once all parties have signed the agreement, it can be used as a reference for yourself or your staff or even your clients, if issues arise. 

Offering a detailed service agreement that covers what will be done while with the client provides some clarity, trust and security for your clients and their carers. It provides you the same as you can be sure that unreasonable demands or requests that fall outside the scope of work within the agreement can be confidently denied.

Example of some elements to consider including within the scope of the agreement with an NDIS client include:

• The number of hours per visit;

• Whether personal care is included;

• If cleaning is part of the scope, specifically which areas of the house or which tasks will be done;

• If outings are part of the work, detailing the nature, form of transport and distance travelled; ad

• Whether lifting or moving clients is part of the role

There are many factors to consider, based on the nature of work you are completing, but that is why it is even more important to ensure your agreement is detailed. As you well know, this is a high trust relationship, so it is essential to manage expectations from the very start.

2. Interruptions to service

Perhaps you or one of your support workers is unwell or there is a family emergency meaning you/they are unable to work on a scheduled day. Having a plan in place for these sorts of events will mean that you avoid losing the hours, the pay and the trust of your clients.

Another type of interruption to your services can occur if there has been a decline in the relationship between the client and support worker, for whatever reason. In this situation, if the client does not wish to continue while the issues are resolved, this can result in a loss of income and if you run a small agency, there may be a need to organise an alternative support worker while the issues are managed. 

No matter how clear your scope outline is, there is always the possibility for disputes and interruptions to service. With this in mind, your agreement with the client should include details about how these issues will be resolved and if necessary, what is to happen to end the working relationship (known as termination of the agreement). 

As support workers, you are undoubtedly busy enough without having to add all of the administrative challenges that come with managing interruptions to service, in whatever form. While having the solid scope of work detailed in the agreement to fall back on is a good safeguard, what if the issues that come up fall outside of this? 

How other issues are dealt with will depend on what you and your client agree upon but may include:

• Flexible hours (where hours can be made up on a different day of the week);

• Alternate weeks (where care is performed fortnightly, allowing for hours to be made up on the off week);

• A secondary support worker who is sent as a replacement (who would be covered under this same agreement); and

• How much notice is to be given in the case of terminating a contract.

Consideration should also be given to situations where a client’s carer is unable to return at short notice or if you or one of your workers are put in a situation where you feel unsafe and wish to leave immediately or not return at all.

By ensuring all parties are clear upfront about what will happen in these or similar situations, action can be taken swiftly. You can minimise the risk of loss of time and money, and the client and/or their carer is aware of what can be done in these instances.

3. Establish payment and expense obligations 

It can be an uncomfortable topic, but being clear on the amount and how you wish to receive payment, including time intervals (e.g. weekly, fortnightly, monthly) must be addressed in your Support Worker Agreement. While you may charge the scheduled fees, it is good to state this in your agreement and, depending on which of the two main options, being paid through the NDIS or through the client directly (who then claims back the funds through the NDIS), how you are to be paid.

Regardless of which method is used, you would be aware that pricing must comply with the NDIS Pricing Arrangements and Limits. The NDIS support catalogue, lists all the possible support a Support Worker can provide and the maximum price for each.

While the guide provides a maximum, also remember to not undervalue your service. Consider not just your time but also any additional costs that will need to be factored in such as transport, products, tickets etc. Keep these in mind and ensure you charge accordingly. To ensure these expenses are not challenged, and you are left out of pocket, your NDIS support worker service agreement must cover your service fees as well as anything you will need to be reimbursed for.

4. Demonstrate compliance to quality of care

As an NDIS support worker, you will be familiar with the Code of Conduct, elements of this code should be included in your service agreement. By including elements of the code relevant to your nature of work for each client, you are reassuring your client that you will abide by the expectations of the code. 

The reason for this is that it can be an important safeguard, should you ever find yourself or your support workers in a position where conduct is being called into question.

The inclusion of this demonstrates an understanding of the importance of:

• Privacy;

• Respect;

• Care and skill;

• Transparency; and

• Prevention and fast response to injury or harm.

This proactive step, in proactively using the Code in your foundation agreement with the client can help to protect you should a client or their carer believe you have breached the Code. The NDIS Commission when investigating possible breaches can issue fines, deregistrations and bans from the NDIS sector. In instances like these, your service agreement can be provided as evidence of complying with the code and should therefore be included as an important element of your service agreement.

5. Minimise your risk

What would happen if a client is injured while in your care? As a support worker you could be at risk of this escalating to an NDIS investigation of your conduct or a civil or criminal case. None of which you want to have to deal with so limiting your exposure to this risk is essential.

While it is important to comply with the Code and this is non-negotiable, it is also important to consider the following:

a.) What types of insurance you need/have

b.) What your service agreement says about how you will act and what you will be liable for.

Ensuring you have the correct insurance and green slip for your car (if you transport clients) is important. Equally important is having the right business insurance and a service agreement that protects you from a personality liability perspective. Very important when you are a sole trader or NDIS provider.

6. Client experience

One final consideration that should really not be left to an afterthought, is the way in which your agreement is presented to the client (or their carer). Between neurodivergent clients and those with intellectual or physical disabilities, you would know that it is often not reasonable to present a client with pages of paper work in regular size. In order to include all the elements you need and make it far more accessible, consider presenting your agreement in a way that works for those receiving it. 

For example, consider: 

• Increasing the text size - ensure you use an easy-to-read font style and size;

• Adding images or visuals like infographics to assist understanding; or

• Consider providing an audio version (good for those who are vision impaired or time poor)

Considerations like these demonstrate that you are invested in the care of your NDIS clients in more ways than one and it is apparent from the very beginning. Making your service agreement more accessible can be a significant differentiator for you in the market. 

While the NDIS industry is highly regulated, the content of service agreements are not regulated in the same way and it is only when an issue arises for a support worker or the small agency that they realise the importance of a highly specific service agreement.

Whether you are an individual working for yourself as a support worker under the NDIS or you may have found yourself hiring others and may be considered a small agency, it is vital that you have an agreement that protects you and will help you manage your work demands effectively. Having an NDIS support worker service agreement that speaks to the unique needs of the support worker-client relationship, like those detailed above, will give you and them the confidence to move forward with a productive working relationship. It will also potentially save you significant stress, time, money and even clients, down the line.

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If you are looking for a way to include all of the above elements into your service agreement, take a look at our NDIS support worker service agreement template. It is suitable for self managed, NDIS Managed or Plan Managed NDIS recipients and can be used by sole traders or by small agencies. See our template here.