SERVICE AGREEMENT

Provider: AMPARABLE (trading name of Luke Girke)

Services
• Independent Support Work
• Psychosocial Recovery Coaching
• Support Coordination and coordination-related supports where applicable and permitted

Participants
NDIS-funded, privately funded, self-managed, plan-managed, and independently engaged participants, including participants engaged through third-party platforms such as Mable or Hireup, where applicable.

Purpose of Agreement
This Agreement sets out the terms, operational arrangements, service expectations, pricing principles, participant responsibilities, cancellation arrangements, travel-related provisions, safeguarding expectations, and other conditions relating to the Provider's delivery of supports.

The Provider seeks to deliver supports in line with:
• participant choice and control;
• applicable NDIS requirements;
• fair and transparent pricing practices;
• operational sustainability;
• participant dignity and autonomy;
• safeguarding obligations; and
• reasonable and lawful service delivery practices.

Copyright and Use of Agreement

This Agreement constitutes original written material developed for use in connection with the Provider’s services and operational practices.

Except as permitted by law, this Agreement may not be reproduced, distributed, commercially reused, or substantially copied without the Provider’s prior written consent.

Agreement Updates and Current Version

This Agreement may be updated periodically to reflect changes in applicable laws, NDIS requirements, pricing arrangements, operational practices, safeguarding obligations, platform requirements, or other legitimate business or compliance considerations.
 

Updated versions may be made available through invoices, onboarding materials, platform systems, electronic communications, or the Provider’s website.

Where material changes affect pricing, participant rights, cancellation arrangements, operational requirements, or service delivery practices, the Provider will endeavour to provide reasonable notice using reasonably accessible communication methods.
 

Continued engagement with services following reasonable notice of updated terms may constitute acknowledgment and acceptance of those updates to the extent permitted by law.

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Foreword and Complaints Policy

The Provider seeks to deliver supports in a manner consistent with applicable Australian laws, NDIS requirements, safeguarding obligations, operational standards, and principles of participant dignity, choice, and transparency.

The Provider encourages Participants, nominees, representatives, plan managers, support coordinators, and other relevant parties to raise concerns, complaints, requests for clarification, or potential compliance issues openly and in good faith so that matters may be appropriately reviewed, clarified, and, where necessary, addressed within a reasonable timeframe.
 

The Provider values constructive feedback and is committed to continuous improvement in service delivery, operational practices, participant communication, and compliance processes.

Where concerns are raised regarding invoicing practices, service delivery, operational procedures, participant safety, pricing arrangements, scheduling, or other matters arising under this Agreement, the Provider will endeavour to engage reasonably, transparently, and cooperatively with the relevant parties in seeking an appropriate resolution consistent with applicable laws and NDIS requirements.

Preamble One: AMPARABLE’s Commitment to Ethical Standards & Anti-Exploitation Policy

AMPARABLE is committed to providing services in an ethical, transparent, participant-centred manner that is consistent with applicable legal and professional obligations. The Provider acknowledges the importance of balancing participant autonomy, dignity, choice, and independence with operational safety requirements, duty of care obligations, and the practical realities of service delivery within the NDIS environment.
 

Where the Provider reasonably believes that a Participant may have impaired decision-making capacity, fluctuating capacity, or difficulty fully understanding the nature or effect of this Agreement, the Provider may request the involvement of a legally authorised representative, nominee, guardian, advocate, support person, or other appropriate decision-making support, where reasonably necessary to facilitate informed engagement with services.
 

The Provider will take reasonable steps to ensure that the Participant understands the nature of the services being provided, the terms of engagement, applicable fees, risks, responsibilities, and relevant service limitations. The Provider does not tolerate exploitation, coercion, undue influence, or improper pressure in relation to the establishment, continuation, variation, or termination of supports.
 

Where genuine concerns arise about a Participant’s ability to provide informed consent or to engage safely in services, the Provider reserves the right to pause, modify, decline, or discontinue supports until appropriate clarification, safeguards, or supports are in place.

Preamble Two: Disclaimer #1

The Participant acknowledges that this Agreement may incorporate additional policies, schedules, pricing information, operational procedures, and supplementary terms published or made available by the Provider, including via the Provider’s Mable profile, written communications, onboarding materials, and the Provider’s website.
 

The Provider has taken reasonable steps to make the full terms of engagement accessible to the Participant, including providing reference links and written notice via multiple reasonably available channels. By engaging the Provider’s services, requesting supports, continuing supports after receiving notice of the terms, or otherwise participating in service delivery, the Participant acknowledges that they have had a reasonable opportunity to review the applicable terms and conditions governing the engagement.
 

The Participant further acknowledges that Mable operates as a platform that facilitates introductions between Participants and independent support workers, and that service arrangements entered into between the Participant and the Provider are separate agreements between those parties.
 

To the extent permitted by law, continued use of services after reasonable notice of the applicable terms constitutes acceptance of those terms, including any incorporated policies, procedures, pricing schedules, and operational requirements relevant to the provision of support.

 
Preamble Three: Choice and Control with Contractual Responsibility & Fair Pricing

The Provider supports the principles of participant choice, control, dignity, independence, and self-direction reflected in the National Disability Insurance Scheme Act 2013 (Cth), including the Participant’s right to make decisions about the nature, timing, and delivery of supports.
 

The Participant remains free to adjust, reschedule, pause, or discontinue services in accordance with this Agreement. To support reliable service delivery, operational planning, and continuity of care, the Participant agrees to provide reasonable notice of any cancellations, schedule changes, or termination of supports, including any notice periods specified in this Agreement.
 

Once support sessions are scheduled, time, travel, administrative preparation, and operational capacity may be reserved specifically for the Participant. Repeated cancellations, inconsistent attendance, prolonged uncertainty regarding supports, unsafe conduct, or ongoing failure to comply with agreed service arrangements may affect the Provider’s ability to continue to reserve service availability.
 

The Provider will deliver supports with reasonable flexibility, professionalism, and respect for the Participant’s goals, preferences, dignity, and autonomy. In return, the Participant and any relevant representative agree to engage respectfully, communicate in good faith, and comply with the reasonable operational, financial, and behavioural expectations set out in this Agreement.
 

This Agreement is intended to foster a collaborative and sustainable service relationship. Nothing in this Agreement limits the Participant’s rights under applicable Australian law, including the National Disability Insurance Scheme Act 2013 (Cth), the Australian Consumer Law, the NDIS Code of Conduct, or the applicable NDIS Practice Standards.
 

By engaging the Provider’s services after reasonable notice of the applicable terms, the Participant acknowledges and accepts the operational requirements, payment obligations, cancellation terms, and mutual responsibilities associated with the provision of supports.

 
Preamble Four: Fair Pricing Commitment

The Provider seeks to ensure that pricing under this Agreement remains transparent, reasonable, and consistent with applicable NDIS pricing requirements, including the NDIS Pricing Arrangements and Price Limits and relevant guidance issued by the NDIS Quality and Safeguards Commission.
 

Service fees may reflect factors such as the nature and complexity of supports, qualifications and experience, travel requirements, scheduling demands, operational costs, market conditions, administrative obligations, and applicable NDIS pricing caps. Where relevant, fees will not exceed the applicable maximum rates prescribed under the NDIS Pricing Arrangements and Price Limits.
 

The Provider does not apply arbitrary price increases solely because a Participant is funded through the NDIS. Any applicable travel charges, cancellation fees, minimum engagement periods, or service-specific rates will be disclosed in accordance with this Agreement and applicable NDIS requirements.
 

The Participant acknowledges that provider availability, scheduling requirements, service demand, travel, qualifications, operational capacity, and the nature of supports may reasonably affect service pricing and availability across providers.
 

The Provider encourages prompt communication about any concerns regarding pricing, invoicing, cancellations, or service costs to facilitate timely clarification and resolution.

Where services have been reserved, scheduled, partially delivered, or fully delivered in accordance with this Agreement, applicable fees and cancellation charges may remain payable under the agreed terms, including any minimum engagement requirements and notice provisions.
 

Section One: Purpose and Scope

This Service Agreement (“Agreement”) sets out the terms and conditions under which Luke Girke, trading as AMPARABLE (“Provider”), provides support services to the Participant.
 

Section Two: Engagement and Acceptance of Terms

Participants introduced via the Mable platform will be engaged, scheduled, and invoiced in accordance with Mable’s applicable platform terms, policies, and operational requirements.

Support services arranged through Mable will commence only after acceptance of this Agreement via the Mable platform or another written form of confirmation accepted by the Provider.
 

When the Participant and Provider are introduced through the Mable platform, invoicing and payment processing for those supports must be conducted through the Mable platform unless otherwise permitted by Mable’s applicable terms and policies.
 

Participants who engage the Provider independently of the Mable platform may be invoiced and managed directly by the Provider under this Agreement and any applicable supplementary terms.

 

Section Three: Agreement Distribution

A copy of this Agreement may be provided to the Participant via the Mable platform, the Provider’s website, email, electronic communication, or any other reasonably appropriate method prior to or during the commencement of services.
 

For Participants engaged through the Mable platform, acceptance of this Agreement may occur either through the Mable platform or by continued engagement with services after reasonable notice of the applicable terms.

For independently engaged Participants, acceptance of this Agreement may occur by written confirmation, electronic acknowledgement, requesting or continuing services after receiving reasonable notice of the terms, or by other conduct that reasonably demonstrates an intention to engage the Provider’s services.
 

Where services commence before a physical or electronic signature is executed, the parties acknowledge that the provision and acceptance of services may constitute evidence of agreement to the applicable terms, to the extent permitted by law.
 

Where the Participant and Provider are introduced via the Mable platform, invoicing and service engagement will be conducted in accordance with Mable’s applicable terms and platform requirements unless otherwise permitted by Mable.
 

For independently arranged services, the Provider’s published policies, schedules, pricing terms, and operational procedures may form part of this Agreement if they have been reasonably made available to the Participant prior to or during service delivery.

 

Section Four: Provider Information

• Trading Name: AMPARABLE

• Provider Name: Luke Girke

• ABN: 96 776 591 245

 

Section Five: Services and Supports

The Provider agrees to deliver support in accordance with the mutually agreed schedule, location, scope of services, and the Participant’s stated goals, preferences, and support requirements, subject to applicable laws, operational capacity, safety considerations, and the terms of this Agreement.
 

Requested supports must be lawful, reasonably practicable, appropriately disclosed, and within the scope of services the Provider agrees to provide.
 

Services provided by the Provider may include, but are not limited to:

• Psychosocial Recovery Coaching
• Social and community participation supports
• Community access activities and outings
• Transport supports
• Housework and domestic assistance
• Meal preparation
• Shopping assistance
• Personal administrative support
• Health, fitness, sports, and exercise-related supports
 

The Provider retains discretion to accept, continue, modify, or decline particular supports, including where the requested services:

• fall outside the Provider’s qualifications, experience, operational capacity, or preferred scope of practice;
• involve higher-intensity, clinical, palliative, complex behavioural, or high-needs care requirements not previously disclosed;
• present unreasonable safety, legal, operational, or insurance concerns; or
• materially differ from the nature of supports initially discussed before the commencement of services.
 

Where additional support complexity, risks, or care requirements become apparent after services commence, the Provider may reassess the suitability, scope, scheduling, staffing, pricing, or continuation of supports.

Section Six: Period of Service Agreement

Recurring support schedules may be established by mutual agreement between the Participant and Provider, including through written communications, platform bookings, invoice history, ongoing attendance patterns, or other conduct that reasonably demonstrates an ongoing service arrangement.
 

Where recurring supports are agreed, the allocated day(s), time(s), and operational capacity may be reserved specifically for the Participant on an ongoing basis unless otherwise varied or terminated by either party in accordance with this Agreement.
 

For example, where the Participant requests weekly support on Tuesdays from 4:00 pm to 8:00 pm, and the Provider agrees to reserve that time slot, that recurring session may become an ongoing scheduled booking, subject to the applicable cancellation, notice, and payment provisions of this Agreement.
 

Unless otherwise agreed in writing, recurring scheduled support will continue until:

• the Participant requests the cancellation, pause, rescheduling, or termination of services;
• the Provider confirms a variation or discontinuation of supports;
• the recurring arrangement otherwise lapses due to prolonged disengagement or non-attendance; or
• The Agreement is terminated in accordance with its terms.
 

Where recurring sessions are reserved for the Participant, applicable cancellation fees, minimum engagement periods, travel costs, or reserved-capacity charges may apply if supports are cancelled, missed, shortened, or not attended without the required notice.
 

Where a Participant becomes uncontactable, repeatedly disengages, or fails to attend scheduled supports for a prolonged period, the Provider may attempt reasonable follow-up before discontinuing recurring scheduling arrangements or issuing further invoices.
 

Nothing in this Agreement permits charging for support in a manner inconsistent with applicable NDIS rules, pricing arrangements, platform requirements, or Australian law.

 

 

Section Seven: Support Costs and Rates

Support rates and applicable charges will be:
 

• as displayed on the Mable platform, where supports are arranged through Mable; or
• as otherwise agreed between the Participant and Provider prior to the commencement of independently arranged services.
 

Applicable rates may be reflected in invoices, written communications, service schedules, platform bookings, or other agreed pricing documentation.

The Provider may charge for supports, non-face-to-face activities, cancellations, travel, and related service delivery costs, to the extent permitted by applicable NDIS Pricing Arrangements and Price Limits, platform requirements, and Australian law.

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Travel Costs

Unless otherwise agreed, travel in connection with service delivery may be charged at up to $0.99 per kilometre for the use of the Provider’s personal vehicle, consistent with the applicable NDIS Pricing Arrangements and Price Limits and any subsequent updates.

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Travel calculations may be determined using the vehicle trip meter, Google Maps, Waze, or other reasonably appropriate navigation or distance-calculating tools. Distances may be rounded to the nearest whole kilometre for administrative convenience.

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Travel-related charges may include:

• travel directly associated with delivering supports;
• participant-approved on-shift transport;
• tolls, parking, public transport costs, or other reasonable travel-related expenses incurred during service delivery; and
• other travel costs permitted under applicable NDIS pricing rules.

Where permitted under applicable NDIS rules and pricing arrangements, the Provider may also charge for reasonable non-face-to-face activities directly related to the delivery, coordination, preparation, scheduling, communication, safeguarding, or administration of supports.

Any applicable travel charges, cancellation fees, minimum engagement periods, or non-face-to-face support charges will be disclosed in this Agreement, invoices, platform terms, or other written communications reasonably available to the Participant.

Nothing in this Agreement authorises charges inconsistent with applicable NDIS Pricing Arrangements and Price Limits, Mable requirements, or Australian law.

 

Section Seven: Subsection One: Charging Travel to and From Supports

Where supports require travel, the Provider may charge reasonable travel-related costs in accordance with applicable NDIS Pricing Arrangements and Price Limits, including the Provider Travel – Non-Labour Costs provisions and any subsequent updates.
 

Unless otherwise agreed, travel undertaken using the Provider’s personal vehicle may be charged at up to $0.99 per kilometre, together with any reasonable tolls, parking fees, public transport costs, or other travel-related expenses reasonably incurred in connection with delivering supports.
 

Travel charges may apply to:

• travel to or from the support location, where permitted under applicable NDIS rules;
• participant-approved on-shift transport; and
• other transport directly connected to the delivery of supports.
 

Travel distances may be calculated using the vehicle trip meter, Google Maps, Waze, or another reasonable method. Distances may be rounded to the nearest whole kilometre for administrative convenience.

The Participant acknowledges that travel-related charges assist with the operational costs of safely and reliably delivering community-based supports across different locations, including vehicle operation, maintenance, servicing, insurance, registration, fuel, cleaning, and other reasonable transport-related expenses.
 

The Provider will endeavour to calculate travel costs reasonably, transparently, and consistently in line with applicable NDIS pricing requirements and Australian law.

 

Section Seven: Subsection Two: Estimation Breakdown of Weekly Vehicle Costs

Travel-related charges reflect the operational costs of delivering community-based supports across varying locations, including fuel, vehicle servicing and maintenance, tolls, cleaning, insurance, registration, depreciation, and other reasonable transport-related expenses associated with operating a safe and reliable vehicle for support delivery.

Section Seven: Subsection Three: Total Estimated Weekly Running Costs

Travel associated with the delivery of supports may be charged at up to the maximum rate permitted under the applicable NDIS Pricing Arrangements and Price Limits, including any subsequent updates.

Travel charges are applied consistently to all participants and are intended to contribute to the reasonable operational costs of delivering community-based supports across varying locations.
 

Travel distances may be calculated using the Provider’s vehicle trip meter, Google Maps, Waze, or another suitable navigation or distance calculation method. Distances may be rounded to the nearest whole kilometre for administrative convenience. Where appropriate, travel distances or related charges may be itemised on invoices.
 

Unless otherwise agreed, travel may be calculated using a return-trip methodology based on the Provider’s ordinary place of business or operational starting point. Where scheduling efficiencies allow the Provider to travel directly between participants, the Provider may elect, at their discretion, to apply a reduced or alternative travel calculation.
 

This approach aims to promote consistency, transparency, operational practicality, and predictable costing for recurring support arrangements.

All travel charges remain subject to applicable NDIS Pricing Arrangements and Price Limits, platform requirements, participant approval processes where applicable, and Australian law.

 

Section Seven: Subsection Four (See Examples of Charging Travel to and From Supports)

(Page 21 of 97 of the NDIS Pricing Arrangements and Price Limits 2024-25 Version 1.3 (published 1/10/2024)

Travel charges are applied consistently across participants in line with the Provider’s standard pricing methodology, subject to applicable NDIS Pricing Arrangements and Price Limits, platform requirements, and Australian law.

Where support requires travel, the Provider may charge:

• travel-related kilometre costs;
• reasonable tolls, parking, and associated transport expenses;
• participant-approved on-shift transport; and
• other travel-related charges permitted under applicable NDIS pricing rules.
 

Travel charges may apply irrespective of geographic zone classifications, where permitted under the applicable service arrangement, platform structure, pricing category, or funding source.
 

Travel distances and related calculations may be determined using the Provider’s vehicle trip meter, Google Maps, Waze, or another reasonable calculation method. Distances may be rounded to the nearest whole kilometre for administrative convenience.
 

Where travel time, scheduling demands, or service delivery requirements involve additional non-face-to-face activities permitted under applicable NDIS rules, the Provider may invoice for those activities to the extent permitted by law and appropriately disclosed.
 

The Provider aims to apply travel charges transparently, consistently, and in good faith across all participants, including those in privately funded and NDIS-funded service arrangements.
 

Participants, nominees, plan managers, support coordinators, and other relevant representatives remain responsible for independently assessing the suitability of claims against the Participant’s available funding categories, budgets, plan management arrangements, and reimbursement requirements.
 

Nothing in this Agreement guarantees that every charge will be claimable against a Participant’s NDIS funding. The Participant remains responsible for any fees, charges, or amounts incurred under this Agreement that are not recoverable from the NDIA, a plan manager, Mable, or any other third-party funding source.
 

The Provider may modify travel charging practices where reasonably necessary to maintain compliance with updated NDIS Pricing Arrangements and Price Limits, platform and operational requirements, or Australian law.
 

Section Seven: Subsection Five: Travel Charges & Participant Acknowledgment

The Participant acknowledges that the Provider may need to travel to deliver supports and agrees to pay reasonable travel-related charges in accordance with applicable NDIS Pricing Arrangements and Price Limits, platform requirements, and this Agreement.
 

Travel-related charges may include kilometre-based charges calculated using the applicable NDIS contribution rate (currently up to $0.99 per kilometre), participant-approved on-shift transport, tolls, parking, and other reasonable travel-related expenses associated with service delivery.
 

Where permitted under applicable NDIS rules and pricing arrangements, the Provider may also charge for reasonable travel-related time or non-face-to-face activities directly connected to the coordination, preparation, scheduling, administration, safeguarding, or delivery of supports.
 

Applicable travel-related charges will be disclosed through invoices, platform systems, schedules, or other written communications reasonably available to the Participant.

Section Seven: Subsection Six: Plan Manager or Self-Managed Approval

If the Participant is self-managed or plan-managed, the Participant acknowledges that they may approve reasonable travel-related charges associated with the delivery of supports, subject to their available funding, plan arrangements, and applicable NDIS requirements.

The Participant, nominee, plan manager, or other relevant representative remains responsible for independently assessing whether specific charges are claimable, reimbursable, or appropriately allocated to the Participant’s available funding categories and plan budgets.

The Provider will issue clear and itemised invoices detailing applicable travel-related charges to promote transparency and accurate record-keeping.

 
Section Seven: Subsection Eight: No Obligation for Extended Travel

The Provider is not obliged to provide services that require travel beyond standard travel limits, operational boundaries, or commercially reasonable service areas, but may agree to do so, subject to prior disclosure and agreement to applicable travel-related charges.

Where extended travel is requested, the Participant acknowledges that additional travel-related costs or time-based charges may apply in accordance with applicable NDIS Pricing Arrangements and Price Limits, platform requirements, and this Agreement.

If the Participant does not agree to the applicable travel-related charges, the Provider may decline or discontinue services that require travel.

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Section Seven: Subsection Nine: Invoicing & Funding Transparency

The Provider may process invoices through Mable or other third-party administrative or payment platforms used to facilitate service delivery, invoicing, scheduling, or payment processing.

Accordingly, the Provider may not have access to the Participant’s full NDIS plan, funding allocations, budget breakdowns, reimbursement arrangements, or plan management structure. The Provider therefore relies on information from the Participant, nominee, plan manager, support coordinator, or other relevant representative about the availability and suitability of funding.
 

The Provider seeks to maintain transparency by reasonably disclosing applicable rates, travel charges, cancellation terms, and other service-related costs through service agreements, invoices, platform systems, profile information, onboarding materials, or direct communications.
 

Participants, nominees, plan managers, and other relevant representatives may review invoices, seek clarification on charges, raise disputes, or decline further services in accordance with this Agreement and applicable platform requirements.
 

By engaging the Provider’s services after reasonable notice of the applicable terms, the Participant acknowledges responsibility for independently assessing the suitability of charges against their available funding categories, budgets, reimbursement arrangements, and plan management requirements.

Section Seven: Subsection Eleven: Service Categories & Agreement Amendments on Mable

The Provider acknowledges that third-party platforms, including Mable, may have technical, administrative, or workflow limitations that affect the setup, modification, categorisation, approval, or processing of service agreements and invoice items.
 

Where travel-related charges, service categories, or other billing items are not configured at the start of the service arrangement, subsequent amendments may require additional administrative steps, approvals, or processing time involving the Participant, nominee, plan manager, support coordinator, or other relevant representative.
 

To minimise administrative delays and reduce the likelihood of invoicing disputes, the Provider encourages Participants and relevant representatives to review and confirm applicable service categories, travel arrangements, billing items, and operational requirements at the start of services.
 

The Provider will endeavour to disclose applicable charges transparently via service agreements, invoices, platform systems, profile information, onboarding communications, or other written materials reasonably available to the Participant.
 

Participants and relevant representatives are encouraged to raise any concerns, discrepancies, or requests for clarification regarding invoices or billing practices as soon as reasonably practicable, so that issues may be reviewed and, where appropriate, addressed collaboratively and in good faith.

Section Eight: Subsection Eleven: Choice and Control in Service Engagement

The Provider acknowledges the Participant’s right to exercise choice and control over selecting support providers, including the decision to engage a provider outside the Participant’s immediate area when the Participant considers the services appropriate to their goals, preferences, rapport, scheduling requirements, or support needs.
 

By continuing to use the Provider’s services after reasonable notice of applicable travel-related charges, the Participant acknowledges that:

1. applicable travel-related charges have been reasonably disclosed through this Agreement, invoices, platform systems, profile information, or other written communications;

2. The Participant has elected to engage the Provider notwithstanding the availability of alternative providers who may be located closer to the Participant or service location; and

3. Travel-related costs may form part of the overall cost of delivering support.
    

The Participant, nominee, plan manager, support coordinator, or other relevant representative may seek clarification on travel charges, discuss alternative arrangements, raise concerns about invoices, or discontinue services in accordance with this Agreement.
 

The Provider reserves discretion to accept, continue, or provide services requiring significant travel, where applicable travel-related charges are not agreed, approved, or reasonably capable of being recovered through the applicable service arrangement.

 

Section Nine: Responsibilities of the Provider
The Provider agrees to:
 

a) communicate respectfully, openly, and within a reasonable timeframe;

b) treat the Participant with dignity, respect, and professionalism;

c) take reasonable steps to protect the Participant’s privacy and confidential information in accordance with applicable laws and professional obligations;

d) provide accurate information about the Provider’s qualifications, experience, services, and applicable fees;

e) issue invoices, schedules, and related service documentation within a reasonable timeframe;

f) provide reasonable information, guidance, observations, or recommendations relevant to the Participant’s stated goals, wellbeing, supports, activities, or risk considerations, within the Provider’s scope of experience and competence; and

g) comply with applicable NDIS legislative, incident management, safeguarding, and reportable incident obligations, including the NDIS Incident Management and Reportable Incidents Rules 2018 (Cth), as amended from time to time.

 

Section Ten: Responsibilities of the Participant and Their Agents & Representatives
The Participant agrees to:
 

a) participate reasonably in the development, review, and implementation of supports, goals, schedules, or service arrangements relevant to service provision;

b) provide information that is accurate, current, and reasonably necessary for the safe and effective delivery of supports;

c) ensure that sufficient funding, payment arrangements, or reimbursement capacity is available for agreed services and applicable charges;

d) treat the Provider respectfully and engage in a manner consistent with reasonable behavioural and safety standards;

e) provide, so far as reasonably practicable, a safe environment for the delivery of in-home, community-based, or transport-related supports;

f) provide at least two business days’ notice of cancellation of scheduled support sessions and at least 14 days’ notice of termination of ongoing services, unless otherwise agreed;

g) notify the Provider of any relevant changes to the Participant’s NDIS plan, funding arrangements, plan management structure, eligibility, or circumstances that may affect service delivery or payment for supports;

h) raise concerns, complaints, or requests for clarification within a reasonable timeframe so they can be addressed appropriately and in good faith; and

i) Communicate scheduling requests, cancellations, service preferences, availability changes, and relevant instructions clearly and within a reasonable timeframe.
 

Unless otherwise agreed, cancellations, schedule changes, service requests, and other significant operational communications should be provided in writing, including via SMS, email, platform messaging systems, or other agreed electronic communication methods, to support administrative clarity, record-keeping, privacy compliance, and continuity of services.

 

Section Eleven: Cancellation Policy

Unless otherwise agreed in writing, the Participant must give at least 24 hours’ notice to cancel, reschedule, shorten, or materially alter a scheduled support session.

Where sufficient notice is not provided, the Provider may charge a cancellation fee or the full scheduled session fee, to the extent permitted by applicable NDIS Pricing Arrangements and Price Limits, platform requirements, and this Agreement.
 

For recurring support arrangements, the scheduled duration of the relevant booking will generally be determined by the agreed recurring service allocation, recent attendance history, confirmed schedules, invoices, platform bookings, or other written communications between the parties.
 

Where a support session is shortened, ended early, partially attended, or otherwise materially disrupted without sufficient notice, the Provider may invoice for the originally scheduled session duration or, where permitted under this Agreement and applicable NDIS requirements, the applicable minimum engagement period.
 

The Participant acknowledges that recurring support arrangements require the reservation of time, scheduling capacity, travel planning, and operational resources specifically allocated to the Participant, which may limit the Provider’s ability to offer that time to other participants on short notice.
 

For administrative purposes, cancellations communicated outside standard business hours may be treated as received at the start of the next business day unless the Provider confirms earlier receipt.
 

For the purposes of this clause, standard business hours are generally 9:00 am to 5:00 pm Australian Eastern Time, excluding public holidays, unless otherwise agreed.
 

This clause applies regardless of the communication method used, including SMS, email, voicemail, platform messaging systems, or any other agreed communication channels.

 

Section Twelve: Termination of Service Agreement

Either party may terminate this Agreement by giving at least 14 days’ written notice unless otherwise agreed.

The Provider may immediately suspend or terminate services where reasonably necessary due to a serious breach of this Agreement, unlawful conduct, safety concerns, repeated non-payment, significant operational issues, inappropriate behaviour, or circumstances that materially affect the Provider’s ability to safely or reasonably continue providing supports.
 

If this Agreement is terminated, the Participant remains responsible for:

• services delivered prior to termination;
• applicable cancellation fees or travel-related charges incurred in accordance with this Agreement; and
• any scheduled supports, minimum engagement periods, or notice-period charges properly payable under this Agreement and the applicable NDIS Pricing Arrangements and Price Limits.
 

During any applicable notice period, the Provider may continue providing supports, modify scheduling arrangements, or release reserved recurring time slots at the Provider’s reasonable discretion, depending on operational requirements, participant engagement, safety considerations, and the circumstances of termination.
 

The Participant acknowledges that recurring support arrangements may involve the reservation of operational capacity, scheduling commitments, travel allocation, onboarding time, and administrative resources specifically allocated to the Participant.

 

Section Thirteen: Additional Terms

a) The Participant remains responsible for fees, charges, and amounts incurred under this Agreement, including where NDIS funding, plan-managed funding, reimbursements, or third-party payment arrangements become unavailable, exhausted, delayed, declined, or insufficient to cover applicable charges.
 

b) Nominees, plan managers, support coordinators, and other representatives involved in administering supports may assist with approvals, communications, reimbursement, scheduling, or funding administration, but are not personally liable for payment unless otherwise expressly agreed in writing.
 

c) Applicable travel-related charges, cancellation fees, and reasonable non-face-to-face support activities may be invoiced where permitted by applicable NDIS Pricing Arrangements and Price Limits, platform requirements, and this Agreement.
 

d) The Participant is encouraged to ensure that they understand this Agreement and may seek assistance, advice, advocacy, interpretation, or support from a trusted person, nominee, guardian, advocate, legal representative, support coordinator, or other appropriate representative where reasonably necessary or desired.
 

e) Where travel-related time, coordination activities, scheduling requirements, or other non-face-to-face activities are invoiced, those charges are intended to reflect the Provider’s disclosed service methodology and to comply with applicable NDIS pricing requirements and Australian law.


Section Fourteen: Governing Law and Jurisdiction

This Agreement is governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and of any courts entitled to hear appeals from those courts.
 

Section Fifteen: Confidentiality

Both parties agree to take reasonable steps to maintain the confidentiality and privacy of personal, sensitive, and health-related information disclosed in connection with this Agreement, in accordance with applicable privacy laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles where applicable.
 

The Provider may collect, store, use, and disclose information to the extent reasonably necessary for the delivery of supports, the administration of services, legal compliance, invoicing, safeguarding, incident management, quality assurance, professional consultation, or other purposes permitted or required by law.
 

The Provider may also draw on generalised, de-identified observations, experiences, operational learnings, support strategies, or service delivery insights for reflective practice, professional development, service improvement, supervision, training, or improved support outcomes, provided that no information reasonably capable of identifying a Participant is disclosed.
 

Any de-identified examples or experiences referenced for educational, professional, or service improvement purposes will be used to preserve participant privacy, dignity, and confidentiality.

 

Section Sixteen: Dispute Resolution

In the event of a dispute arising under this Agreement, the parties agree to first attempt to resolve it through good-faith discussions and, where appropriate, mediation before commencing formal legal proceedings, except where urgent action is reasonably required to protect safety, enforce legal rights, recover unpaid amounts, comply with legal obligations, or prevent ongoing harm.
 

Section Seventeen: Liability and Indemnity

To the extent permitted by law, the Provider’s liability arising out of or in connection with this Agreement is limited to loss or damage that directly results from the Provider’s breach of this Agreement, negligence, or other liability that cannot lawfully be excluded or limited.
 

Nothing in this Agreement excludes, restricts, or modifies any rights, guarantees, or remedies that cannot lawfully be excluded under Australian law, including the Australian Consumer Law.
 

The Participant agrees to indemnify the Provider against reasonable loss, damage, liability, or expense arising from the following:

a) inaccurate, incomplete, or misleading information provided by the Participant or their representative;

b) unlawful, dangerous, threatening, or inappropriate conduct by the Participant or by persons under the Participant’s control; or

c) the Participant’s breach of this Agreement,

except to the extent that the relevant loss, damage, liability, or expense arises from the Provider’s negligence, fraud, wilful misconduct, or unlawful conduct.

 

Section Eighteen: Force Majeure

The Provider is not liable for any delay, interruption, reduction, modification, or inability to perform obligations under this Agreement to the extent caused by circumstances beyond the Provider’s reasonable control, including natural disasters, emergencies, severe weather events, illness, accidents, government actions, public health events, transport disruptions, traffic conditions, technological failures, safety incidents, or other unforeseen operational circumstances.
 

Section Nineteen: Modifications and Amendments

The Provider may reasonably update, amend, or revise this Agreement, associated policies, operational procedures, pricing information, or service terms from time to time to reflect changes in applicable laws, NDIS requirements, platform obligations, operational practices, service delivery considerations, or other legitimate business or compliance needs.
 

Where reasonably practicable, updated terms will be made available to the Participant via invoices, platform systems, electronic communications, the Provider’s website, onboarding materials, or other reasonably accessible channels.
 

The Participant is encouraged to review the updated terms periodically and may seek clarification on any changes affecting service delivery, pricing, operational requirements, or participant obligations.
 

Continued engagement with services after reasonable notice of updated terms may constitute acceptance of those updated terms to the extent permitted by law.
 

Nothing in this clause permits unilateral changes inconsistent with applicable Australian law, including the Australian Consumer Law.

 

Section Twenty: Severability

If any provision of this Agreement is held invalid, illegal, or unenforceable, that provision will be severed to the extent necessary, and the remaining provisions of this Agreement will remain in full force and effect.
 

Section Twenty-One: Entire Agreement

This Agreement constitutes the entire agreement between the parties regarding the subject matter of the services and supersedes all prior discussions, negotiations, representations, understandings, agreements, and communications, whether oral or written, relating to that subject matter.
 

Section Twenty-Two: Notices

Formal notices and significant operational communications under this Agreement should be provided in writing using the contact details nominated by each party from time to time.

Unless otherwise agreed, the Provider’s preferred contact method for notices, scheduling matters, cancellations, service changes, or operational communications is SMS to the Provider’s nominated mobile number or email, where applicable.
 

To support administrative accuracy, continuity of supports, privacy compliance, record-keeping, and dispute reduction, the parties agree that cancellations, schedule changes, complaints, service requests, and other significant communications should ordinarily be confirmed in writing wherever reasonably practicable.
 

Verbal discussions, informal conversations, or telephone communications may be relied upon where subsequently confirmed in writing or otherwise clearly acted upon by both parties.
 

Nothing in this clause prevents urgent, emergency, welfare, or safety-related communications from being made verbally where immediate communication is reasonably necessary.

Section Twenty-Three: Compliance with Laws

Both parties agree to comply with applicable Australian laws, regulations, NDIS requirements, and relevant Victorian legislation in relation to the delivery and administration of supports under this Agreement.

Where concerns arise regarding potential non-compliance, billing practices, service delivery, operational procedures, safeguarding obligations, or other regulatory matters, the parties agree to communicate those concerns openly, reasonably, and in good faith where appropriate.
 

The Provider will take reasonable steps to review, clarify, investigate, and, where necessary, rectify issues identified through participant feedback, plan manager communications, platform requirements, professional advice, audits, regulatory guidance, or other legitimate compliance processes.
 

Nothing in this clause limits any party's rights to seek independent advice, lodge complaints, notify regulators, pursue dispute resolution processes, or exercise rights available under applicable law.

 

Section Twenty-Four: Signature and Acceptance

For engagements facilitated through the Mable platform, acceptance of this Agreement may occur through the Mable onboarding, booking, scheduling, messaging, invoicing, or approval processes associated with the commencement or continuation of supports.
 

For independently arranged services, this Agreement may be accepted by physical signature, electronic acknowledgement, written confirmation, continued engagement with the services after reasonable notice of the applicable terms, or other conduct reasonably indicating an intention to engage the Provider’s services.
 

The Provider may reasonably make this Agreement available through invoices, onboarding materials, electronic communications, platform systems, or the Provider’s website.
 

The parties acknowledge that ongoing service delivery, attendance at scheduled supports, approval or payment of invoices, recurring bookings, or continued engagement with services may constitute evidence of acceptance of the applicable service arrangements and operational terms, to the extent permitted by law.

 

Section Twenty-Five: Failure to Comply with Service Agreement & Scheduled Times Per Contractual Agreement Will Result in Billing

The Provider seeks to deliver supports reliably, consistently, safely, and in an operationally sustainable manner. To support scheduling certainty, continuity of services, administrative efficiency, and the fair allocation of operational resources, the following provisions apply to cancellations, non-attendance, recurring bookings, participant engagement, and related service delivery requirements under this Agreement.

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Section Twenty-Six: Subsection Two: Short-Notice Cancellations and Participant No-Shows

• A scheduled support may be treated as a short-notice cancellation if:

• the Participant does not attend, is unavailable, or is not present at the agreed location within a reasonable time of the scheduled start of support; or

• The Participant cancels, reschedules, shortens, or materially alters a scheduled support session without providing the minimum required notice period specified in this Agreement or the applicable NDIS Pricing Arrangements and Price Limits.

• Where permitted under the applicable NDIS Pricing Arrangements and Price Limits, the Provider may invoice up to the full scheduled session fee for a short-notice cancellation or non-attendance, subject to the following:

  • This Agreement reasonably discloses the Provider’s cancellation charging practices.

  • The relevant support item is eligible for cancellation claiming under applicable NDIS rules and pricing arrangements; and

  • The Provider was unable to reasonably secure alternative billable work for the reserved session time.
     

Section Twenty-Seven: Subsection Three: Failure to Meet Essential Participant Criteria

• Where a scheduled support session cannot reasonably proceed due to circumstances attributable to the Participant, the Provider may treat the session as a short-notice cancellation or non-attendance to the extent permitted under applicable NDIS Pricing Arrangements and Price Limits and this Agreement.

• This may include circumstances where the Participant or relevant representative:

• fails to provide reasonably necessary communication regarding the scheduled support;

• does not provide a reasonably safe environment for service delivery;

• is unavailable, uncontactable, or not present at the agreed location within a reasonable time;

• materially prevents the delivery of supports; or

• Otherwise, it fails to meet operational requirements reasonably necessary for the Provider to safely and effectively deliver the scheduled supports.

• Where applicable cancellation charges are invoiced, this will occur only where:

• This Agreement reasonably discloses the Provider’s cancellation and charging practices.

• The relevant support item is eligible for cancellation, claiming or charging under applicable NDIS Pricing Arrangements and Price Limits; and

• The Provider was unable to reasonably secure alternative billable work for the reserved session time.

• This policy is intended to support continuity of services, operational consistency, scheduling reliability, participant safety, and transparent expectations for service delivery between the parties.

 

Section Twenty-Eight: Public Holiday Rates & Session Continuity

Services provided on a recognised public holiday may be charged at the applicable NDIS Public Holiday rate, in accordance with the NDIS Pricing Arrangements and Price Limits and any subsequent updates.

Unless otherwise agreed, scheduled support sessions on a public holiday may proceed in accordance with the existing service schedule. If the Provider does not intend to provide services on a particular public holiday, reasonable notice will be given to affected Participants where practicable.

Participants who wish to cancel, reschedule, shorten, or otherwise alter a public holiday support session must provide notice in accordance with this Agreement's cancellation provisions.

If a public holiday session is cancelled without the required notice, the Provider may invoice the applicable cancellation charges or the scheduled public holiday session fee, to the extent permitted under the applicable NDIS Pricing Arrangements and Price Limits and this Agreement.

 

Section Twenty-Nine: Lateness Inevitability

The Provider will endeavour to attend scheduled supports on time and to deliver services within the agreed timeframes wherever reasonably practicable.

However, due to the nature of community-based, psychosocial, transport-related, or higher-support-needs services, delays may occasionally occur because of circumstances beyond the Provider’s reasonable control, including:

a) duty of care requirements regarding another participant’s safety, wellbeing, or immediate support needs;

b) delays associated with handovers, emergency responses, safeguarding obligations, or continuity-of-care requirements;

c) traffic conditions, transport disruptions, accidents, severe weather, or other unforeseen travel-related circumstances; or

d) operational or scheduling issues arising during the delivery of support services.

Where reasonably practicable, the Provider will notify affected Participants of anticipated delays as soon as possible and take reasonable steps to minimise disruption to scheduled supports.

The Participant acknowledges that minor delays in the delivery of supports may occasionally occur due to the operational realities of community-based service provision and agrees to act reasonably and in good faith in relation to such circumstances.

 

Section Thirty: No Obligation In Meet & Greet

The Provider may offer an initial meet-and-greet or introductory discussion to explore the Participant’s support needs, preferences, goals, scheduling requirements, and suitability for services.

The Participant acknowledges that:

a) the meet-and-greet is generally non-billable unless otherwise agreed;

b) the meet and greet does not, by itself, create an ongoing obligation for either party to proceed with services;

c) the Provider retains discretion to accept, commence, continue, or decline supports following the meet and greet process; and

d) ongoing supports are subject to the establishment of an agreed service arrangement under this Agreement.

Until services formally commence, either party may discontinue discussions, decline proposed arrangements, or decide not to proceed with supports, without ongoing obligation, subject to applicable laws.

 

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Section Thirty-One: Conflict of Interest in Participant and Representative Decision-Making

The Provider acknowledges the importance of participant choice, autonomy, dignity, and self-direction in delivering supports, consistent with applicable NDIS principles and safeguarding obligations.

The parties acknowledge that, in some circumstances, a Participant may engage with services alongside a parent, nominee, guardian, support coordinator, plan manager, carer, advocate, or other authorised representative (“Representative”), and that differing views or preferences may occasionally arise about the delivery of supports.
 

In such circumstances:

a) the Provider will endeavour to communicate respectfully and appropriately with both the Participant and the relevant Representatives where authorised or reasonably necessary;

b) the Provider is not responsible for resolving personal, family, funding, guardianship, or decision-making disputes between the Participant and a Representative;

c) the Provider may reasonably consider the Participant’s expressed preferences, applicable legal authority arrangements, safety considerations, operational limitations, safeguarding obligations, communication needs, behavioural circumstances, and the agreed scope of supports when determining how services are delivered.

d) where a Representative holds lawful decision-making authority, the Provider may be required to act in accordance with that authority to the extent required by law; and

e) the Provider may decline, modify, suspend, or discontinue services where ongoing conflict, inconsistent instructions, safety concerns, operational difficulties, or disputes between the Participant and Representative materially affect the Provider’s ability to safely, reasonably, or effectively deliver supports.

The Provider will endeavour to deliver supports in a manner that promotes respectful collaboration, participant dignity, clear communication, operational practicality, and the Participant’s stated goals and support needs, while remaining consistent with applicable legal, ethical, and safeguarding obligations.

 

Section Thirty-Two: Three-Hour Minimum Default Support Session Duration
Unless otherwise agreed in writing, the Provider’s standard minimum engagement period for support sessions is three (3) hours.

This minimum engagement period is intended to support operational practicality, scheduling consistency, travel allocation, continuity of supports, and the sustainable delivery of community-based services.

The Provider may, at the Provider’s discretion, agree to shorter sessions in particular circumstances where appropriate and operationally practicable.

Applicable minimum engagement periods, rates, travel-related charges, and operational terms will be disclosed in this Agreement, invoices, platform systems, onboarding materials, profile information, or other written communications reasonably available to the Participant before or during service delivery.

Any minimum engagement periods remain subject to applicable NDIS Pricing Arrangements and Price Limits, platform requirements, and Australian law.

 

Section Thirty-Three: Shared or Concurrent Supports (Group or Overlapping Support Delivery/Overlapping or Tight Invoicing)

Where permitted under the applicable NDIS Pricing Arrangements and Price Limits, the Provider may, on occasion and with appropriate participant consent, deliver supports to more than one participant concurrently in community-based, recreational, incidental, transport-related, or group support settings where reasonably appropriate and operationally practicable.

Concurrent or shared supports may arise, for example, when:

a) multiple participants independently request attendance at the same activity, venue, event, or community location;

b) community-based supports reasonably allow for shared participation without materially diminishing the quality, safety, or appropriateness of supports delivered to each participant; or

c) transport, scheduling, or operational arrangements reasonably involve overlapping support activities.
 

Where concurrent or shared supports are provided:

a) affected participants or their authorised representatives will be informed and appropriate consent will be obtained prior to the arrangement wherever reasonably practicable;

b) invoicing will reflect the applicable NDIS group or shared support pricing methodology, including any relevant participant ratio requirements;

c) the Provider will maintain reasonable records relating to scheduling, attendance, locations, consent, and service delivery arrangements; and

d) invoices and service records will reasonably identify any applicable shared or concurrent support arrangements where required.

One-on-one support remains the default service model unless a shared arrangement is specifically requested, mutually agreed, operationally appropriate, or otherwise reasonably required by the circumstances of service delivery.
 

Due to recurring scheduling arrangements and community-based service delivery, support sessions may occasionally occur immediately before, after, or near another participant’s scheduled supports. The Provider will endeavour to manage scheduling reasonably, ethically, and in a manner consistent with applicable NDIS requirements and operational obligations.
 

Section Thirty-Four: Incidental / 'Out of Pocket' Activity Costs

Where supports involve community-based, recreational, social, or participation-related activities, the Participant acknowledges that the Provider's reasonable entry, attendance, participation, or incidental activity costs may be payable where reasonably necessary to enable the delivery of supports.

Such costs may include, where appropriate:

• cinema or event admission fees;
• bowling or recreational activity entry fees;
• transport-related participation costs; or
• other reasonable activity-related expenses directly connected to the delivery of supports.
 

Any such costs will only be incurred where:

a) the activity is reasonably connected to the Participant’s goals, preferences, support needs, or community participation objectives;

b) the Provider’s attendance or participation is reasonably necessary to facilitate the Participant’s safe, practical, or meaningful participation in the activity;

c) the cost is reasonable in the circumstances and reasonably disclosed or approved by the Participant or relevant representative prior to or during the support session;

d) reasonable records of the expense are maintained where appropriate; and

e) The charge is otherwise consistent with applicable NDIS Pricing Arrangements and Price Limits, platform requirements, and Australian law.
 

Nothing in this clause guarantees that a particular activity-related expense will be reimbursable through a Participant’s NDIS funding arrangement, and Participants remain responsible for independently assessing the suitability of claims against their available funding categories and plan budgets.
 

Section Thirty-Five – Leave Policy

The Provider will endeavour to provide at least 30 days’ written notice of planned leave periods expected to exceed five (5) consecutive business days, where reasonably practicable.

Notice may be provided by SMS, email, platform messaging system, or other agreed communication method and will generally include the anticipated commencement and return dates of the leave period.

Unless otherwise agreed or operationally impracticable, the Provider intends for regular recurring supports to resume following the conclusion of the leave period in accordance with the existing service arrangement.

Where reasonably practicable and requested by the Participant, the Provider may assist the Participant in identifying alternative support arrangements during the leave period; however, the Provider is not responsible for guaranteeing the availability, suitability, or continuity of replacement services.
 

The parties acknowledge that service availability, scheduling, operational demands, participant needs, emergencies, and unforeseen circumstances may occasionally affect continuity of supports. The Provider will take reasonable steps to minimise disruption and, where practicable, maintain appropriate communication regarding planned absences.
 

Section Thirty-Six: Psychosocial Recovery Coaching – Eligibility and Basis for Invoicing

Where agreed between the parties and where supported by the Participant’s NDIS funding arrangements, the Provider may deliver supports described or invoiced as Psychosocial Recovery Coaching under the applicable NDIS support item or any equivalent successor item.
 

The Participant acknowledges that the Provider has disclosed relevant qualifications, training, professional experience, lived experience exposure, support work history, public health research involvement, behavioural coaching experience, and psychosocial support experience relevant to the delivery of community-based and psychosocial supports.
 

The Participant further acknowledges that the decision to engage the Provider for psychosocial or recovery-oriented supports is made having regard to the Participant’s own assessment of suitability, rapport, experience, goals, preferences, and support needs.
 

The Provider does not represent that the Provider is a registered psychologist, psychiatrist, accredited mental health clinician, or regulated allied health practitioner unless expressly stated otherwise.
 

Any psychosocial recovery-oriented supports delivered under this Agreement will be provided within the Provider’s scope of experience, competence, training, operational role, and applicable NDIS requirements.

Nothing in this Agreement guarantees that a particular support item, reimbursement category, or funding claim will be approved by the NDIA, a plan manager, or any third-party funding body.
 

Section Thirty-Seven: Support Coordination for Self-Managed Participants – Eligibility and Basis for Invoicing

Where permitted under applicable NDIS arrangements and agreed between the parties, the Provider may perform supports described, invoiced, or structured as Support Coordination or coordination-related services under the relevant NDIS support item, including any successor or equivalent item, where such supports are included within the Participant’s funding arrangements and the Participant elects to engage the Provider in that capacity.

The Participant acknowledges that:

a) the Provider operates as an independent and currently unregistered provider unless otherwise stated;

b) self-managed participants may, subject to applicable NDIS requirements, engage both registered and unregistered providers;

c) the Participant is responsible for determining whether supports, invoices, or reimbursement claims are suitable, claimable, or consistent with their NDIS plan, funding arrangements, and applicable NDIA requirements;

d) the Provider may assist with coordination-related activities, including service navigation, support implementation, scheduling, provider liaison, community linkage, capacity building, service planning, administrative assistance, or other coordination-related functions agreed between the parties; and

e) Applicable NDIS rules, pricing arrangements, registration requirements, operational guidance, or funding frameworks may change from time to time.

The Provider does not guarantee that any support item, reimbursement claim, funding category, or invoicing approach will be approved by the NDIA, a plan manager, auditor, or other third party.

Where regulatory, operational, or compliance requirements materially change, the Provider may reasonably amend, reclassify, modify, suspend, or discontinue aspects of service delivery or invoicing practices to maintain compliance with applicable laws, NDIS requirements, platform obligations, or operational requirements.

 

Section Thirty-Eight: NDIS Pricing Arrangements Update & Continuity

This Agreement is intended to operate consistently with the most current applicable NDIS Pricing Arrangements and Price Limits, together with any applicable amendments, successor instruments, operational guidance, or regulatory requirements in force from time to time.
 

The parties acknowledge that applicable NDIS pricing frameworks, operational rules, support item structures, claiming requirements, and compliance obligations may change periodically. Where reasonably necessary, this Agreement may be interpreted, administered, or updated in a manner intended to remain consistent with those requirements without requiring formal re-execution of the entire Agreement.

To the extent of any inconsistency between this Agreement and any mandatory requirement under applicable NDIS legislation, Pricing Arrangements and Price Limits, or other binding legal obligation, the relevant mandatory requirement will prevail to the extent necessary.
 

Nothing in this clause permits retrospective charging, retrospective variation of completed services, or the imposition of materially unfair obligations not reasonably disclosed to the Participant.

Where material changes affect pricing structures, operational practices, participant rights, cancellation arrangements, invoicing methodology, or service delivery requirements, the Provider will endeavour to provide reasonable notice through invoices, platform systems, electronic communications, onboarding materials, or other reasonably accessible methods.
 

Continued engagement with services following reasonable notice of updated operational or compliance-related terms may constitute acknowledgment and acceptance of those updates to the extent permitted by law.