NDIS Service Agreement (Australia)
This NDIS Service Agreement (the "Agreement") is made on AGREEMENT DATE pursuant to the National Disability Insurance Scheme Act 2013 (Cth) (the "NDIS Act"), the NDIS (Supports for Participants) Rules 2013, the NDIS Practice Standards, and the NDIS Pricing Arrangements and Price Limits issued by the National Disability Insurance Agency ("NDIA").
1. PARTIES.
Service Provider: PROVIDER NAME ABN PROVIDER ABN, NDIS Registration Number PROVIDER REGISTRATION NUMBER, of PROVIDER ADDRESS, PROVIDER SUBURB, PROVIDER STATE PROVIDER POSTCODE, telephone: PROVIDER PHONE, email: PROVIDER EMAIL, contact person: PROVIDER CONTACT (the "Provider").
Participant: PARTICIPANT NAME, NDIS Number: PARTICIPANT NDIS NUMBER, date of birth: PARTICIPANT DOB, of PARTICIPANT ADDRESS, PARTICIPANT SUBURB, PARTICIPANT STATE PARTICIPANT POSTCODE, telephone: PARTICIPANT PHONE, email: PARTICIPANT EMAIL (the "Participant").
2. NDIS PLAN DETAILS.
The Participant's current NDIS plan runs from PLAN START DATE to PLAN END DATE.
Plan Management: PLAN MANAGEMENT.
Plan Manager (if applicable): PLAN MANAGER DETAILS.
3. SUPPORTS TO BE DELIVERED.
3.1 Support Categories: SUPPORT CATEGORIES.
3.2 Description of Supports: The Provider will deliver the following supports to the Participant commencing on COMMENCEMENT DATE:
SUPPORTS DESCRIPTION
3.3 The Provider will deliver all supports in accordance with the NDIS Practice Standards and the participant's individual NDIS plan goals. Supports will be provided in a manner that promotes the Participant's independence, wellbeing and inclusion in the community consistent with the objects of the NDIS Act.
4. PRICES AND BUDGET.
4.1 The prices charged for supports under this Agreement will not exceed the rates set out in the NDIS Pricing Arrangements and Price Limits as published by the NDIA from time to time.
4.2 Applicable Rates: PRICE GUIDE RATES.
4.3 Agreed Budget: TOTAL BUDGET.
4.4 The Provider will issue invoices or payment requests in accordance with the agreed plan management type and the requirements of the NDIS Act. All prices are inclusive of GST (10%) where applicable.
5. CANCELLATION POLICY.
5.1 The Participant must give CANCELLATION NOTICE to cancel or reschedule a scheduled support without incurring a cancellation fee.
5.2 Where the Participant cancels a support without the required notice, the Provider may charge a cancellation fee of CANCELLATION FEE, consistent with the NDIS Pricing Arrangements and Price Limits.
5.3 The Provider will give the Participant reasonable notice of any changes to scheduled supports and will not charge a cancellation fee where the Provider cancels or changes a support.
6. TERM AND TERMINATION.
6.1 This Agreement commences on COMMENCEMENT DATE and continues for AGREEMENT TERM.
6.2 Either party may terminate this Agreement by giving NOTICE PERIOD to the other party. Notice must be given in writing.
6.3 Either party may terminate this Agreement immediately if the other party commits a serious breach of the Agreement, or if the Participant's NDIS plan is varied, suspended or replaced such that the supports under this Agreement are no longer funded.
7. PARTICIPANT RIGHTS.
The Participant has the right to: make decisions about the supports they receive and how those supports are delivered; be treated with dignity and respect; have their privacy and confidentiality protected in accordance with the Privacy Act 1988 (Cth); access an advocate or support person in any meeting or discussion with the Provider; and withdraw from this Agreement on giving the required notice.
The Provider will comply with the NDIS Code of Conduct, which requires providers and their workers to act with respect for individual rights, act with integrity, honesty and transparency, promptly take steps to raise and act on concerns about matters that might affect the quality and safety of supports, provide supports in a safe and competent manner, and take all reasonable steps to prevent and respond to all forms of violence, exploitation, neglect and abuse.
8. FEEDBACK AND COMPLAINTS.
FEEDBACK PROCESS
9. PRIVACY.
The Provider will collect, use and disclose the Participant's personal information only for the purposes of delivering NDIS supports and as required or authorised by law, including the NDIS Act, the Privacy Act 1988 (Cth), and the Australian Privacy Principles. The Participant has the right to access and correct their personal information held by the Provider.
Provider Representative: PROVIDER CONTACT, on behalf of PROVIDER NAME
Participant (or Nominee / Guardian): PARTICIPANT NAME
Provider Representative
________________
Signature
Date: ________________
Participant (or Nominee / Guardian)
________________
Signature
Date: ________________
What Is a NDIS Service Agreement (Australia)?
A NDIS Service Agreement in Australia records the NDIS support to be provided, the fees, the service standards, and each party's obligations between the provider and the client under the Australian Consumer Law (Competition and Consumer Act 2010, Schedule 2).
The service agreement is the foundation of the working relationship between the participant and the provider. Without a clear, written agreement, disputes about what supports were agreed, at what price, and on what terms are difficult to resolve. The NDIA strongly recommends that all participants and providers enter into a written service agreement before supports commence, and the NDIS Practice Standards require registered providers to have appropriate agreements in place as part of their governance obligations.
The agreement must identify the participant by their full name, NDIS number and date of birth. The provider must be identified by their full legal name, ABN and NDIS registration number. Where the participant has a plan nominee, correspondence nominee or legal guardian who will be involved in decisions about supports, their details and authority must be specified.
The participant's current NDIS plan details are central to the agreement — specifically the plan's start and end dates, and the type of plan management (NDIA-managed, plan-managed or self-managed). These details determine which providers the participant can engage and how the provider will be paid.
The description of supports must be detailed and specific, identifying the support categories and support item numbers from the NDIS Pricing Arrangements and Price Limits, describing the nature of each support, and specifying the frequency and duration of delivery. The agreed budget for the agreement period must also be set out.
The legal framework governing the NDIS Service Agreement (Australia) in Australia draws on several key statutes and regulatory bodies. Under Australian law, the Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs) govern personal data in this document. The Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010) provides consumer guarantees under Sections 51-54. The Federal Circuit and Family Court of Australia has jurisdiction over family law matters under the Family Law Act 1975 (Cth). The Australian Financial Complaints Authority (AFCA) handles consumer financial disputes. State and territory Magistrates Courts handle small civil claims. Parties executing a NDIS Service Agreement (Australia) in Australia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Australian Consumer Law (Competition and Consumer Act 2010, Schedule 2) sets the foundational requirements.
When Do You Need a NDIS Service Agreement (Australia)?
An NDIS Service Agreement is needed whenever an NDIS participant engages a service provider to deliver supports under their NDIS plan. It should be in place before supports commence — entering into a written agreement before the first session avoids ambiguity about pricing, cancellation and the scope of supports.
When a participant chooses a new provider — whether at the start of a new NDIS plan or because they are changing providers — a new service agreement must be signed. The participant should take the time to read and understand the agreement, and may want to have a support coordinator, advocate or family member review it with them before signing.
When a participant's NDIS plan is reviewed and renewed, the service agreement with existing providers should also be reviewed. The pricing, support descriptions and budget allocations may need to be updated to reflect the new plan.
Where a participant's circumstances change significantly — for example, if they move to a different area, if their support needs change, or if they transition from plan management to self-management — the service agreement should be updated to reflect those changes.
For participants who receive daily living supports (such as assistance with personal care, community access or supported independent living), an NDIS service agreement is essential to define clearly what supports will be delivered on which days and at which times, what the applicable prices are, and what the cancellation policy is.
A participant who is approaching their NDIS plan review date should confirm that their service agreements with all providers are up to date and that the supports described in each agreement remain consistent with their current plan goals. Outdated or inconsistent service agreements can cause payment disputes and may result in supports being delivered without NDIS funding.
What to Include in Your NDIS Service Agreement (Australia)
A well-drafted NDIS Service Agreement compliant with the NDIS Act 2013 (Cth) and NDIS Practice Standards must include the following key elements.
Party identification is the first essential element. The participant must be identified by full name, NDIS number and date of birth. The provider must be identified by full legal name, ABN, and NDIS registration number. Where the participant has a nominee or guardian, their details and authority must be set out.
NDIS plan details must be specified: the plan start and end dates, and the type of plan management. These details determine how the provider will be paid and which NDIS price rules apply.
Support description must be thorough and specific. The agreement must list the NDIS support categories and relevant support item numbers, describe each support in detail, specify the frequency and duration of each support, and set out the agreed budget for the agreement period.
Pricing must be stated clearly and must not exceed the applicable rates in the NDIS Pricing Arrangements and Price Limits. The agreement should specify the support item numbers and hourly rates for weekday daytime, weekday evening, Saturday, Sunday and public holiday sessions as applicable.
Cancellation policy is a legally required element under the NDIS Pricing Arrangements. The agreement must specify the notice period for cancellation and the fee applicable to short-notice cancellations, consistent with the current NDIS Pricing Arrangements.
Participant rights must be set out, including the participant's rights under the NDIS Code of Conduct: to be treated with dignity and respect, to make decisions about their supports, to have their privacy protected, and to make complaints without fear of reprisal.
Feedback and complaints provisions must identify the provider's internal complaints process and the participant's right to complain to the NDIS Quality and Safeguards Commission.
Privacy provisions must confirm the provider's obligations under the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
Additional compliance elements for a NDIS Service Agreement (Australia) used in Australia include: Under Australian law, the Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs) govern personal data in this document. The Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010) provides consumer guarantees under Sections 51-54. The Federal Circuit and Family Court of Australia has jurisdiction over family law matters under the Family Law Act 1975 (Cth). The Australian Financial Complaints Authority (AFCA) handles consumer financial disputes. State and territory Magistrates Courts handle small civil claims. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
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author = {{Forms Legal}},
title = {NDIS Service Agreement (Australia) (Australia)},
year = {2026},
howpublished = {\url{https://forms-legal.com/australia/personal/family/ndis-service-agreement-australia}},
note = {Free legal document template. Based on Australian Consumer Law (Competition and Consumer Act 2010, Schedule 2)}
}Frequently Asked Questions
The NDIS Act 2013 (Cth) and the NDIS (Supports for Participants) Rules 2013 do not impose an absolute legal requirement for a written service agreement in all circumstances, but the NDIA strongly recommends that participants and providers always have one. In practice, a written service agreement is considered established standards and is required by most registered NDIS providers as part of their obligations under the NDIS Practice Standards (Standard 5 — Governance and Operational Management). The NDIS Commission may take into account the absence of a written agreement when investigating complaints or compliance matters. From the participant's perspective, a written service agreement is essential for clarity — it records what supports will be delivered, at what price, and on what terms, protecting the participant against disputes about the scope or cost of services.
These three options refer to how a participant's NDIS funds are controlled and how providers are paid. With NDIA-managed (or agency-managed) funding, the NDIA controls the participant's funds and pays registered providers directly on the participant's behalf. Only NDIS-registered providers can be engaged. With plan-managed funding, a registered plan management provider receives the NDIS funds and pays providers on the participant's behalf. Plan-managed participants can use both registered and unregistered providers. With self-managed funding, the participant (or their nominee or guardian) directly controls the funds and can engage any provider they choose, whether registered or not, provided the supports are reasonable and necessary under the participant's NDIS plan. Self-managed participants must keep records of expenditure and ensure supports are consistent with their plan goals. The type of plan management affects the service agreement — in particular, it affects which providers the participant can engage and how the provider will be paid.
Under the NDIS Pricing Arrangements and Price Limits, registered providers may charge for short-notice cancellations and no-shows by participants. A short-notice cancellation is generally defined as a cancellation made within two clear business days before the scheduled support (the specific notice period may vary by support category). For a short-notice cancellation or no-show, a registered provider may charge up to 100% of the agreed support price for that session, provided the provider was not able to fill the cancelled time with another billable activity. The service agreement must clearly set out the cancellation notice period and the fee applicable to short-notice cancellations, consistent with the current NDIS Pricing Arrangements. Providers cannot charge a cancellation fee that exceeds the amount permitted under the Pricing Arrangements. Participants should also be aware that excessive short-notice cancellations may affect the provider's willingness to continue delivering supports.
The NDIS Code of Conduct, made under section 73C of the NDIS Act 2013 (Cth), imposes obligations on all NDIS providers and their workers to require that participants receive safe, high quality supports. Under the Code, providers and workers must: act with respect for individual rights to freedom of expression, self-determination and decision-making; act with integrity, honesty and transparency; promptly take steps to raise and act on concerns about matters that might affect the quality and safety of supports; provide supports and services in a safe and competent manner with care and skill; take all reasonable steps to prevent and respond to all forms of violence, exploitation, neglect and abuse; and take all reasonable steps to prevent and respond to sexual misconduct. Participants who believe a provider or worker has breached the Code of Conduct can make a complaint to the NDIS Quality and Safeguards Commission on 1800 035 544.
Yes. Where a participant does not have the capacity to enter into or understand the service agreement, an authorised representative may sign on their behalf. Under the NDIS Act 2013 (Cth), the NDIA may appoint a plan nominee or correspondence nominee to act on a participant's behalf in relation to their NDIS plan. In addition, a person appointed as a legal guardian under state or territory guardianship legislation — such as the Guardianship Act 1987 (NSW), the Guardianship and Administration Act 2000 (Qld), or equivalent legislation in other states — may have authority to make NDIS-related decisions for the participant. The service agreement should clearly identify the nominee or guardian, their relationship to the participant, and the basis of their legal authority to act. Providers have an obligation under the NDIS Practice Standards to require that the participant's right to make decisions (to the extent of their capacity) is always supported and respected.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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