TERMS AND CONDITIONS

 1. Schedule of Supports

Provided the funds are available for First Choice Plan Management to access on the National Disability Insurance Agency (NDIA) portal relevant to the Client, First Choice Plan Management agrees to provide supports relating to the attached Schedule of Supports.

The prices set out in the Schedule of Supports are GST inclusive (if applicable) and include the fees for providing the stated supports. These fees are automatically updated from time to time in line with changes to the NDIA Price Limits. 

2. Client Responsibilities 

• Treat First Choice Plan Management staff with courtesy and respect.

• Advise First Choice Plan Management of preferred contact methods.

• Ensure NDIS funds are used to assist you to achieve your NDIS Plan goals and are spent in accordance with your NDIS Plan.

• Monitor budget information made available by First Choice Plan Management to reduce the risk of overspending.

• Take due steps to provide information as requested by First Choice Plan Management in accordance with the provisions of this Service Agreement in a timely manner.

• Ensure that all claims for reimbursements include evidence of payment having been made to the extent requested by First Choice Plan Management and in accordance with NDIA or Australian Tax Office (ATO) requirements.

• Acknowledge there is no contractual or inferred relationship between First Choice Plan Management and the chosen service provider of the Client/Authorised Representative.

• Not engage in conduct or knowingly provide misleading information which may reasonably be expected to:

  • Expose First Choice Plan Management to reputational, regulatory, or financial risk.

  • Present a work, health, and safety risk to any First Choice Plan Management staff (including contractors). This extends to and includes any verbal or written abuse.

  • Be contrary to NDIA rule, guidelines, or relevant policies. Be contrary to, or cause First Choice Plan Management to potentially breach, the NDIS Act or any other law or regulation; including conditions which relate to the registration requirements of First Choice Plan Management.

  • Be intended to otherwise obtain funds to which the person is not entitled within the meaning of section 182 of the NDIS Act.

3. First Choice Plan Management Responsibilities

• Treat the Client/Authorised Representative with courtesy and respect.

• Use the Client/Authorised Representative’s preferred method of communication wherever practicable.

• Assist and support the Client/Authorised Representative to manage the client's NDIS funding NDIS funding in accordance with their NDIS Plan, the requirements of the NDIA or the ATO, as requested.

• Make budget information available by:

  • Tracking expenditure against client budget by making relevant budgetary information available online via the Client Portal.

  • Making monthly statements available to the Client/Authorised Representative.

• Refer the Service Provider enquiries to the Client/Authorised Representative in circumstances when permission to liaise with the Service Provider has been withheld by the Client/Authorised Representative. 

• Have mechanisms in place to manage and mitigate potential conflicts of interest.

• Reserve the right to raise any concerning conduct or behaviours with the Client/Authorised Representative and seek a satisfactory solution.

4. First Choice Plan Management Fees

First Choice Plan Management will directly claim monthly fees from the NDIA for the provision of Plan Management as agreed in Schedule of Supports set out in the Annexure to this Service Agreement. 

5. Service Provider Claims

First Choice Plan Management will process the invoices submitted on behalf of the Client/Authorised Representative by the Client’s Service Providers to the NDIA portal, provided such invoices meet NDIA and ATO requirements and the services/supports relate to services or purchases made in accordance with the participant’s plan. 

6. Changes to the Plan

The Client/Authorised Representative agrees to immediately notify First Choice Plan Management and provide relevant plan details in writing if the Client’s NDIS Plan is varied, extended, reassessed, or replaced, or the Client ceases to be a participant in the NDIS. 

7. Liability

The Client/Authorised Representative agrees that First Choice Plan Management provides plan management services or associated individual capacity building services only, and will not hold First Choice Plan Management responsible for any loss or damage the Client/Authorised Representative suffers because of or in connection with the conduct of any other Third-Party (including any NDIS registered or unregistered provider); or actions taken by the NDIA against the Client/Authorised Representative in circumstances in which First Choice Plan Management has followed the directions; or reasonably inferred directions of the Client Authorised Representative.

• The Client/Authorised Representative agrees that First Choice Plan Management is not liable for any loss (including indirect, consequential, incidental, or special damages) the Client / Authorised Representative may suffer from a breach of this Agreement unless that breach involves fraud or willful default of First Choice Plan Management.

• In the event that the NDIA reclaims monies from First Choice Plan Management in relation to any claims made (including those using the "Can I Buy It Checklist") the Client/Authorised Representative agrees to repay those monies within 30 days.

• First Choice Plan Management accept no liability for any overspending of plan funding.

• First Choice Plan Management aggregate liability under or in connection with this Service Agreement (whether in contract, tort including negligence, equity, for breach of statutory duty, or otherwise) will not exceed the amount of fees paid to First Choice Plan Management for the provision of supports under this agreement in the previous 12 months. 

8. Ending this Service Agreement

Either Party may end this Service Agreement at any time by giving the other party at least 1 days notice in writing. If a Party materially breaches this Service Agreement, the other party may terminate this agreement immediately by notice in writing. 

9. Feedback, complaints, and disputes

If the Client/Authorised Representative wishes to provide feedback, or is not satisfied with the provision of support and wishes to make a complaint, the Client/Authorised Representative should provide details via the website on the Contact us page or by utilising the webform. They can also email at info@firstchoiceplan.com.au, telephone (08) 8490 8719. Complaints can be made anonymously if preferred. Nothing in this agreement prevents a Client/Authorised Representative from making a complaint directly to a Third-Party (e.g. NDIS Quality and Safeguards Commission). The NDIS Quality & Safeguards Comission can be contacted on 1800 035 544 or via a complaint form on their website at www.ndiscommission.gov.au

Further information is available at www.ndis.gov.au

10. Privacy

First Choice Plan Management is respondent to the Privacy Act, the Australian Privacy Principles and the NDIS Act. First Choice Plan Management will only collect information required for the purposes of the operation of this Service Agreement and our responsibilities as a Plan Manager.

A copy of the First Choice Plan Management Privacy policy is available on request which sets out:

• My right to access personal information;

• My right to withdraw my consent at any time; and

• What personal information will be collected and disclosed and why.

11. Goods and services tax (GST) 

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

• A supply of supports under this Service Agreement is a supply of one or more of the Reasonable and Necessary supports specified in the statement included, under subsection 33 (2) of the NDIS Act, in the Client’s NDIS plan currently in effect under section 37 of the NDIS Act.

• First Choice Plan Management will pay GST as specified in the NDIS Act.

12. Authorisation Of This Service Agreement

This Service Agreement can only be entered into by First Choice Plan Management and either the client (who is an NDIS Participant) or the Authorised Representative of the Client, as recognised by the NDIA.

NOTE: if the person authorising this Agreement is not the client or is not the same person(s) listed by the NDIA as a Plan Nominee or other appointed guardian, First Choice Plan Management may decline to process a claim submitter for processing to the NDIA