1. Schedule of Supports
1.1. Provided that NDIS funds are available for My Care Planner to access relevant to the Client, My Care Planner agrees to provide the supports to the Client as set out in Schedule 1.
2. Our Responsibilities
By entering into this Agreement, My Care Planner agrees to:
2.1. Treat the Client/Authorised Representative with courtesy and respect
2.2. Review the provision of supports as circumstances change
2.3. Provide the Client/Authorised Representative with unbiased and current information so that they can make an informed decision about services that best meet their needs and goals
2.4. Discuss with the Client/Authorised Representative how best to provide supports
2.5. Facilitate Client/Authorised Representative communication via home visits, face-to-face meetings, emails, phone calls, video calls and other formats as preferred by the Client/Authorised Representative
2.6. Listen to the Client/Authorised Representative’s feedback and resolve problems quickly
2.7. Protect the Client’s privacy and maintain confidentiality of personal information in accordance with My Care Planner’s Privacy and Confidentiality Policy
2.8. Give the Client/Authorised Representative information about making complaints and providing feedback, including information about contacting the NDIS Quality and Safeguards Commission
2.9. Observe and investigate any incidents that occur and comply with the NDIS (Incident Management and Reportable Incidents) Rules 2018
3. Your Responsibilities
By entering into this Agreement, the Client/Authorised Representative agrees to:
3.1. Treat My Care Planner staff with courtesy and respect
3.2. Inform My Care Planner about how they want the supports to be delivered to meet their needs and goals
3.3. Inform My Care Planner immediately regarding any concern the Client/Authorised Representative has about the support being provided by My Care Planner
3.4. Inform My Care Planner if the current NDIS Plan is suspended or replaced by a new NDIS Plan, or the Client ceases to be a Participant of the NDIS
3.5. Advise My Care Planner of any changes to personal contact details
3.6. Give My Care Planner a minimum of 12 hours’ notice if the Client/Authorised Representative cannot make a scheduled appointment
3.7. Give My Care Planner the required notice if the Client/Authorised Representative needs to end the Agreement
3.8. Advise My Care Planner of:
3.8.1 Any health issues they may have that may impact their supports
3.8.2 Any special needs or requirements they may have
3.8.3 Any changes to their needs or requirements, or any changes to their situation, that may impact on the provision of supports
3.9. Not engage in conduct or knowingly provide My Care Planner with misleading or incorrect information which may reasonably be expected to:
3.9.1. Expose My Care Planner to reputational, regulatory, or financial risk
3.9.2. Present a work, health, and safety risk to any My Care Planner staff, which extends to and covers any verbal or written abuse
3.9.3. Be contrary to NDIA rules, guidelines, legislation, or relevant policies and/or any other documents or publications as may be issued by the NDIA from time-to-time
3.9.4. Be contrary to, or cause My Care Planner to potentially breach, the National Disability Insurance Scheme Act 2013 (Cth) or any other law or regulation (including conditions which relate to the registration requirements of My Care Planner)
4. Fees
4.1. Depending upon how the plan category is managed, My Care Planner will only claim and/or invoice the NDIA, you, or your Plan Manager for the services provided to you after they have been delivered and in accordance with the rates set out in Schedule 1.
4.2. My Care Planner will claim payment for services in 6-minute increments.
4.3. As part of your supports, charges may also apply to My Care Planner’s delivery of these services, which can include:
4.3.1. Travel required to attend or depart from any site or home visit, which may be up to 30 minutes charged at the relevant hourly rate for each direction travelled and non-labour costs incurred to cover the running costs of the vehicle
4.3.1.1. Travel on the way back to the office will only be charged if the home visit is the last one of the day.
4.3.2. Reports required to be submitted to the NDIA, which may be up to three (3) hours charged at the relevant hourly rate
4.3.3. Cancellation fees for any meeting that is cancelled by you with less than 12 hours’ notice, which may be up to 1 hour charged at the relevant hourly rate
4.3.4. Non-face-to-face supports which can include but is not limited to preparation for meetings, research, reading support letters and therapy programs/reports, making referrals, filling out forms, phone calls, and emails.
4.4. If invoices are declined due to exhausted funds or expired plans, the Client/Authorised Representative acknowledges they are liable for payment of supports rendered. The Provider often does not have visibility over the allocation or usage of a Participant’s funds, and therefore cannot take responsibility for the management of a Participant’s budget. The payment terms in this instance will be 14 days after issuance of the invoice.
4.5. Should the NDIA amend any rates associated with My Care Planner’s services, My Care Planner will automatically update its fees in accordance with the NDIS Pricing Arrangements and Price Limits. No action will be required by you.
5. Changes to This Agreement
5.1. Any changes to this Agreement will be made in writing, signed, and dated by the Client/Authorised Representative and My Care Planner. Alternatively, verbal agreement can be provided by the Client/Authorised Representative.
5.2. If the Client/Authorised Representative exercises their right to not sign changes to this Agreement, the Client/Authorised Representative understands that they accept the changes to this Agreement if they continue to accept the provision of support coordination services after it has been made clear to the Client/Authorised Representative that the terms of this Agreement have changed.
6. Ending This Agreement
6.1. Either Party may end this Agreement at any time by giving the other party at least seven (7) days’ notice in writing, unless agreed otherwise by the Parties.
6.2. If a Party materially breaches this Agreement, the other Party may terminate this Agreement immediately by notice in writing to the other Party.
7. Conflict of Interest
7.1. My Care Planner recognises a conflict of interest can arise by providing more than one service to the Client/Authorised Representative. As a provider of Plan Management and Support Coordination services, My Care Planner mitigates the risks of conflict of interest by ensuring that:
7.1.1. Advice given to the Client/Authorised Representative about support options is transparent and promotes choice and control
7.1.2. The Plan Management team is responsible for Plan Management only
7.1.3. The Support Coordination team is responsible for Support Coordination only
7.1.4. The Client/Authorised Representative is informed of the Conflict of Interest Policy including an explanation of the conflict of interest for supports that are provided by My Care Planner
7.1.5. The Client/Authorised Representative is made aware of their right to include a support person or advocate in the decision-making process
7.1.6. The Client/Authorised Representative is asked within this Agreement to acknowledge that conflict of interest has been explained to them and that they were not influenced in their choices
7.1.7. The Client/Authorised Representative is presented a range of choices about providers of supports other than My Care Planner
7.1.8. Staff do not seek to influence the Client/Authorised Representative to select My Care Planner
7.1.9. Brief notes are made in the Client’s file confirming the advice given to the Client/Authorised Representative the other choices provided, and the choices made by the Client/Authorised Representative
7.1.10. A permanent entry is made in the Conflict of Interest Register in the event of a conflict of interest
8. Feedback, Complaints, and Disputes
8.1. If the Client/Authorised Representative wishes to provide feedback or make a complaint regarding the services they receive from My Care Planner, the Client/Authorised Representative is encouraged to contact My Care Planner by emailing feedback@mycareplanner.com.au, calling 1800 954 480, or sending mail to PO Box 220, Magill SA 5072.
8.1.1. Complaints made to My Care Planner undergo an internal process of investigation. Complaints are acknowledged within 2 business days, and all efforts are made to achieve an effective resolution within 30 business days or as soon as practicable.
8.2. If the Client/Authorised Representative is unhappy with the response from My Care Planner or feels uncomfortable about raising their complaint directly with My Care Planner, the Client/Authorised Representative can contact the NDIS Quality and Safeguards Commission by calling 1800 035 544 or visiting www.ndiscommission.gov.au/about/complaints.
8.2.1. When the Commission receives a complaint, a complaints officer will get in touch with the Client/Authorised Representative to discuss the complaint.
8.3. If the Client/Authorised Representative would like support to give their feedback, My Care Planner encourages them to seek support from family, a friend, or an independent advocate. An independent advocate can be found by visiting www.askizzy.org.au/disability-advocacy-finder.
8.4. All feedback, complaints, and disputes will be managed in accordance with the Complaints Management Policy.
9. Goods and Services Tax (GST)
9.1. For the purposes of GST legislation, My Care Planner confirms that a supply of supports under this Agreement is a supply of one or more of the reasonable and necessary supports specified in the statement included, under subsection 33(2) of the National Disability Insurance Scheme Act 2013 (NDIS Act), in the Participant’s NDIS plan currently in effect under section 37 of the NDIS Act.
9.2. My Care Planner will pay GST as specified in the NDIS Act.
10. Miscellaneous
10.1. Force Majeure
10.1.1. My Care Planner shall not be liable for delay or failure to perform its obligations under this Agreement if the cause of the delay or failure is beyond its control.
10.2. Waiver
10.2.1. Failure by My Care Planer to enforce any of the terms and conditions contained in this Agreement shall not be deemed to be a waiver of any of its rights or obligations under this Agreement.
10.2.2. A waiver of any provision of, or right or obligation under, this Agreement is effective only to the extent specifically expressed in writing.
10.3. Severability
10.3.1. If any provision of this Agreement shall be invalid, void or illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected.
10.4. Jurisdiction
10.4.1. These terms and conditions and all matters concerning the relationship between My Care Planner and the Client/Authorised Representative shall be governed by the law of the State of South Australia and the parties submit to the exclusive jurisdiction of the Courts of South Australia for the conduct of any litigation.
10.5. Disclaimer
10.5.1. My Care Planner information is provided in good faith, to the best of our knowledge and is considered to be correct at the time of communicating, however, changes may affect this accuracy therefore My Care Planner gives no assurance as to the accuracy of any information or advice given.
10.5.2. Any advice given by My Care Planner outside of financial intermediary advice shall be considered general in nature.
10.5.3. Nothing in this Agreement negates or diminishes the statutory guarantees regarding the supply of services under Schedule 2 of the Competition and Consumer Act 2010.
10.5.4. My Care Planner takes in good faith the information provided by the Client/Authorised Representative to be true and accurate, and that claims presented to My Care Planner are a true reflection of goods and services provided to the Client in line with the NDIS guidelines.
10.5.5. The Client/Authorised Representative will not hold My Care Planner responsible for any loss or damage suffered as a result of, or in connection with, the conduct of any other third party.
10.5.6. Subject to the rights of the Client/Authorised Representative under Schedule 2 of the Competition and Consumer Act 2010, My Care Planner shall not be liable for any loss or damage of any kind whatsoever, arising from this Agreement or otherwise, including consequential loss whether suffered or incurred by the Client/Authorised Representative or another person and whether in contract, tort (including negligence), equity or otherwise.
10.5.7. My Care Planner’s aggregate liability under or in connection with this Agreement will not exceed the amount of fees paid for services in the previous twelve (12) months.