Community Options Page 1 of 22 Original: 05/05/2014 FA Service Agreement Revision: 1: 08/04/2015 Initialled and agreed to by Community Options ____ Initialled and agreed to by Agency ____ Service Agreement Date XX/XX/2015 Between XXXXX ABN …………………………………………………………………………………………………………………………. And Community Options Incorporated ABN 48 485 657 783 Both copies of this Agreement should be signed by an Authorised Representative of the Agency and should be returned to: Community Options Quality Management Committee GPO Box 3067 Canberra ACT 2601
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Community Options Page 1 of 22 Original: 05/05/2014
FA Service Agreement Revision: 1: 08/04/2015
Initialled and agreed to by Community Options ____
Initialled and agreed to by Agency ____
Service Agreement
Date XX/XX/2015
Between
XXXXX
ABN ………………………………………………………………………………………………………………………….
And
Community Options Incorporated
ABN 48 485 657 783
Both copies of this Agreement should be signed by an Authorised
Representative of the Agency and should be returned to:
Community Options
Quality Management Committee GPO Box 3067
Canberra ACT 2601
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1. Background 1.1 - Community Options provides a range of services to eligible clients in the
community, aged and disability service sector. It does this within the framework of the
legislation, specification, safety requirements and service standards relevant to the
sector
Community Options offers Agencies an opportunity to provide functional support
services on an 'as needed' basis within the community services sector and
recognises that the delivery of services to the community is best achieved through
effective relationships between parties. Community Options is seeking long-term
business arrangements with quality Agencies that will commit to negotiating and
working together collaboratively to achieve the best possible outcomes for clients
within the community. By signing this agreement, you and your employees agree to
abide by these conditions. This document forms part of the induction to the
Community Options integrated Quality, Health and Safety Management System
2. Duration of the Agreement 2.1 - This Agreement is for the period of three (3) years from the day of execution unless
varied or terminated sooner in accordance with the terms of this Agreement
3. Definitions 3.1 - Agency means an agency registered to provide services to clients of Community
Options
3.2 - Client means the recipient of service provided by the Agency on behalf of
Community Options
3.3 - Personal information means personal, sensitive or health information as defined in
the Health Records (Privacy and Access) Act 1997 and the Privacy Act 1988 that is
either held, collected, created or otherwise obtained during the course of delivering or
planning support services
4. Agreement 4.1 - The parties of this agreement agree to work together to achieve best possible
outcomes for clients and in fulfilling their obligations under this Agreement will
communicate effectively and in a manner that shows mutual respect
Community Options agrees to:
4.2 - Work with the Agency to deliver high quality services that best meet individual client
needs
4.3 - Provide the Agency with accurate and current information that is applicable to
service delivery;
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4.4 - Monitor, review and evaluate service delivery and provide relevant feedback to the
Agency;
4.5 - Make payments to the Agency for the delivered services by cheque or electronic
funds transfer directly into a bank account nominated by the Agency. These
payments will be deemed to have been paid by Community Options, when
Community Options’ bank indicates that it has sent the payments;
4.6 - Meet its obligations under this Agreement
The Agency agrees to:
4.7 - Provide services in accordance with all requirements of this Agreement and
Community Options service specifications as indicated in service requests;
4.8 - Comply with the terms and conditions of this Agreement; in accordance with the
service specification(s) defined in Community Options service requests exercising
due care, skill and judgement and at all times in accordance with applicable
professional ethics, principles and standards and ensuring the organisation’s
employees do likewise in accordance with relevant State and Federal laws, including
the legislation, guidelines and policies described in this Agreement;
4.9 - Ensure that the provisions of this Agreement are reflected either in the service
standards or written policies of the organisation and that these are made readily
accessible to relevant staff;
4.10 - Give a prompt written notification to Community Options of any changes to the
organisation, including a change in the management structure, legal status, the
organisation’s address and contact details;
4.11 - Notify Community Options in writing of any change in the organisation’s bank
account details, such notice to be signed by two authorised representatives;
4.12 - Implement best practices and guidelines (or other comparable quality framework in
the delivery of services purchased by Community Options)
4.13 – The Agency agrees that neither the support worker nor the Agency will initiate
change/s of days and or times of support arrangements once placed in writing by
Community Options Coordinators unless in the case of an emergency or such a
change is required after business hours in which case the Agency agrees to inform
Community Options at the first opportunity on the next business day
Should the client initiate a change of day and or times due to unforeseen
circumstances at the time of planning support arrangements, the Agency agrees to
accommodate that clients request to the best of their ability and inform Community
Options at the first opportunity or on the next business day
5. Cancellations 5.1 - A cancellation is defined as the inability to deliver the scheduled support when
advised by the client, their carer or nominated representative that they are
unavailable for their arranged support
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- A “No Show” is understood as the inability to deliver the scheduled support when
the support worker has arrived to deliver the arranged support and the client is not
home or unavailable and has not notified either the Agency or Community Options.
In this instance, Community Options agrees to pay a fee equivalent to the full cost of
the support arranged to be delivered on that occasion. In case where the support
worker has to instigate an emergency response protocol, Community Options agrees
to pay the Agency for the actual time spent by the worker or a fee equivalent to the
full cost of the support arranged to be delivered on that occasion, whichever is
greater
5.2 - Community Options agrees to notify the provider of changes to support
arrangements as soon as notified by the client and/or their authorised representative
- Community Options will advise whether the cancellation of support arrangements
requires re-scheduling
- Notice to cancel support 4 or more hours prior to support delivery is considered a
reasonable time-frame. In this instance there is no fee incurred by Community
Options
- Where notice to cancel support is provided to the Agency outside of the reasonable
time-frame (less than 4 hours prior to scheduled support), Community Options
agrees to pay a fee equivalent to 1 hour of the support arranged to be delivered on
that occasion
5.3 - In some instances, notice periods and the applicable cancellation fees may be
different from the ones set out in this clause. In these instances, the Agency’s
cancellation fee policy with the applicable notice periods and cancellation fees will be
attached to this Service Agreement. Any change to the Agency’s cancellation fee
policy will be formally negotiated with Community Options at least two weeks prior to
the proposed changes becoming effective
5.4 - No fee is payable by Community Options for any cancellation by a provider or any
failure to deliver the agreed supports including where the client does not accept an
alternative worker, date or time for the support as suggested by the Agency
5.5 - In addition to the above, the Agency agrees (where applicable) to meet NDIS terms
and conditions for cancellation of service as stipulated in the Attachment 2 of this
Agreement
6. Confidentiality 6.1 - By returning the signed Service Agreement, the Agency acknowledges that client
information obtained as a result of the registration with Community Options remains
strictly confidential between the parties and is subject to the Privacy Act 1988, and a
breach of confidentiality under this Agreement may be an offence under that Act
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6.2 - The Agency indemnifies Community Options against all loss and damage incurred
or suffered directly through the intentional or unintentional use of confidential
information
6.3 - The Agency under no circumstances is to, approach, negotiate or disclose any
information to a third party regarding services provided on behalf of Community
Options without the expressed written consent of Community Options. Disclosure by
the Agency of any information provided by Community Options will be seen as a
breach of this Agreement and this may result in the suspension of registration
6.4 - Furthermore, Agencies and staff are not entitled to refer to any service relating to
Community Options in the press (including media), in advertising or in any other form
of communication without the expressed written consent of Community Options
Both parties will ensure that the rights and confidentiality of clients and staff are
protected in policy and practice in accordance with State and Commonwealth
legislation. The Agency will ensure that, in the event of an investigation or monitoring
undertaken by or on behalf of Community Options regarding the records or activities
of clients and staff, all relevant records and documents will be made available to
whomever is authorised by Community Options
6.5 - Other than with the consent of the particular client or in accordance with a
legislative requirement, the Agency will not disclose any information concerning
clients of Community Options made available to them in monitoring or investigating
the implementation of the service specification
6.6 - The Agency will comply with the Commonwealth Privacy Act, 1988. In addition, the
Agency will comply with the Health Records (Privacy and Access) Act 1997 when
dealing with health information
6.7 - The Agency will develop and implement policies and procedures that are consistent
with the Privacy Legislation and principles
6.8 - This Agreement sets out the privacy understanding as to how each party will
operate in relation to these services. Where there is a conflict between this
Agreement and any other document or information then this Agreement has priority
and will prevail
7. Insurance and Indemnity 7.1 - The Agency when carrying out the obligations under this Agreement agrees to
exercise the highest level of care and skill so that the Agency will not cause loss or
damage to the property, or personal injury, or death to any person
7.2 - The Agency agrees to indemnify Community Options against any liability arising
from service provision and maintain appropriate levels of insurance. The Agency
must therefore meet the following requirements for insurance:
Public liability and professional indemnity insurance for an amount of not less
than $10 million (ten million dollars);
Worker’s compensation insurance as required by the ACT legislation;
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Any other insurance in respect of any liability that may arise out of the
provision of services
7.3 - The Agency agrees that the Agency has undertaken an assessment of risk and
arranged and maintains adequate insurance cover to protect:
7.3.1 The Agency against legal liability risk for personal injury and/or property damage
or other financial loss claims including, without limitation:
a) Public liability; and
b) Directors’ and officers’ liability; and
c) Professional indemnity
7.3.2 The Agency shall provide Community Options with proof of the Agency’s
insurance cover and a certificate of currency. Copies of the certificate of currency
for Agency's relevant workers compensation insurance or income protection policy
must be provided with this submission and will be requested regularly and will be
based on the renewal schedule
7.3.3 Should any of the required insurance policies lapse or be cancelled, the Agency
agrees to immediately notify Community Options in writing of the new
arrangements. Evidence of continued insurance cover will be requested regularly
and be based on your renewal schedule
8. Dispute Resolution
8.1 - If a Dispute arises between the Agency and Community Options concerning:
a) the terms and conditions of this Agreement
b) the provision of Services under this Agreement, or
c) any other matter arising under this Agreement
8.2 - Either party may initiate the Dispute Resolution Process set out in Attachment 1.
This occurs by notifying the other Party in writing (‘Notice of Dispute’), within 10
working days of becoming aware of the issue
8.3 - Both parties agree that the Dispute Resolution Process cannot be used to
determine:
a) a variation in the Agency Fees for Service
b) a variation in service levels
c) casework disputes regarding an individual/family client and the Agency, or
d) complaints against Community Options not directly related to the terms and
conditions of this Agreement
8.4 - Notwithstanding any dispute, Community Options and the Agency will, subject to
this or any other provision of this Agreement, each continue performing obligations
under this Agreement while a dispute resolution process is being followed.
Community Options may request that the Agency cease performing obligations under
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this Agreement while a dispute resolution process is being followed and, upon receipt
of such a request, the Agency will cease performing obligations
8.5 - Information relating to the dispute shall remain confidential, as far as possible.
However, this requirement for confidentiality will not prevent either party from
disclosing necessary information to legal advisers, insurers or other necessary
parties such as its board of directors, or another member of a group which is party to
the dispute. Any person involved in the Dispute Resolution Process may be required
to sign a confidentiality agreement as a precondition to their involvement. This
section in no way limits Community Options right to invoke clause(s) 8.1, 8.2
(Termination)
9. Termination
9.1 - If this Agreement is terminated, or the obligation to provide services under this
Agreement is terminated, the Agency will not be entitled to any payment as a consequence of the termination, this includes payment of consequential losses, loss of profit, loss of opportunity, breakage costs and employment termination costs
Termination without fault
9.2 - This Agreement may be terminated at any time if both parties so agree. Termination
from either party is to be submitted in writing
9.3 - The Agency may terminate this Agreement on provision of sixty days’ notice, in
writing
9.4 - Community Options may terminate this Agreement if funds for the provision of
services are no longer available to Community Options. The Agency also understands
that signing this Agreement does not guarantee the allocation of services
Termination for cause
9.5 - Community Options may immediately terminate this Agreement by giving written
notice if one or more of the following occurs:
a) The Agency breaches a provision of this Agreement in a manner that, in
Community Options’ opinion, is not able to be remedied
b) The Agency breaches this Agreement in a manner that, in Community
Options’ opinion, is capable of remedy and the Agency does not comply with
a notice to remedy the breach within the period specified in that notice or
c) The Agency breaches this Agreement in a manner that, in Community
Options’ opinion, is capable of remedy and the Agency and Community
Options cannot agree to remedial action
d) The Agency breaches this Agreement or fails to deliver services in a manner
that, in Community Options opinion, requires immediate termination
9.6 - The Notice of Termination for Cause will specify:
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a) an appeal period of at least 20 days, and
b) the effective termination date, which will be within 60 days from the date of the
notice, unless otherwise specified
9.7 - During the appeal period the Agency may make written submissions to the Quality
Management Committee concerning the decision to terminate this Agreement. The
Quality Management Committee may set aside that decision or extend the appeal
period to allow further consideration of the matter. Any decision by Community
Options to then proceed to terminate the Agreement shall be final
9.8 - The Agency and Community Options agree that the written notice, any written
submissions and all related information (whether in writing or oral) shall be kept
confidential during the appeal period, except to allow either party to seek legal advice
10. Safety and procedures – Human Resource Management 10.1 - For the purpose of the Work Health and Safety Act 2011, the Agency is the
employer of workers providing services to clients on behalf of Community Options and
will therefore take all reasonable measures to ensure health and safety of workers
while providing services through this Agreement
10.2 - The Agency will comply with all Territory Laws concerning equal employment
opportunity, anti-discrimination and affirmative action in all staffing matters relating to
the implementation of Service Specifications that are funded by Community Options.
Staff matters include advertising, selection procedures, staff training, employment
practices and separation practices
10.3 - The Agency shall comply with the requirements of the Work Health and Safety Act
2011 and regulations, ordinances and any law required by authorities having
jurisdiction over the workplaces where work is to be carried out. This also includes
processes relating to Health Records (Privacy and Access) Act 1997, Privacy Act
1988, Fair Work Act 2009, ISO 9001-2008 (Quality Assurance) and AS 4801-2001
(WHS), as applicable. Other standards will be applied, as applicable, depending on
funding and contract requirements
10.4 - The Agency shall comply with all awards, taxation requirements, superannuation,
industrial agreements and other conditions relevant to the provision of services to
Community Options
10.5 - The Agency agrees to induct all new staff to ensure they are aware of their rights,
responsibilities, obligations and organisational expectations
10.6 - The Agency agrees to ensure that all service provision staff have the necessary
qualifications, industry accreditations and insurances to undertake service provision
10.7 - As part of the performance audit, the Agency has appropriate processes in place to
progressively train its staff on changes and improvements in their rights,
responsibilities, obligations and organisational expectations
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11. Transportation 11.1 - Transportation assistance refers to mobility-support services that are available to
individuals with disabilities and the elderly, who are unable to drive from one place to
the next or use public transport due to physical or cognitive limitations
In cases where the service provision by the Agency involves client transportation, the
Agency agrees to have reasonable safeguards in place to ensure safe provision of
that service. This involves making sure workers transporting clients are fully licensed,
and vehicles used for client transportation are roadworthy and comprehensively
insured
11.2 - Transportation of Community Options clients may be provided utilising the support
workers vehicle. Under no circumstances would Community Options request the
Agency to transport a client utilising the client’s vehicle
11.3 - Through the course of daily service delivery Community Options may request a
support worker to transport a client from their home to a designated shopping area or
scheduled appointment and then return to the client’s home. The Agency shall
ensure that all necessary insurances and indemnities are in place as outlined in
clause 6 (Insurance and Indemnity)
12. Subcontracting 12.1 - The Agency agrees to provide services in accordance with Community Options
guidelines and specifications. The Agency under no circumstances is to subcontract
services ordered by Community Options to another Agency
13. Quality Standards and Requirements 13.1 - Community Options aims to provide high quality services to its clients. The following
quality standards have been developed to ensure that through its Agencies,
Community Options delivers high quality services and meets funding and legislative
requirements
Quality Standard 1. Experience in Aged Care and Disability: The Agency has been
operating for a minimum of five years as an aged and disability care provider. In
some instances, it may be sufficient, if the Agency or its principals have at least five
years’ experience in managing an organisation providing services to older people
and people with disabilities
Quality Standard 2. Effective Management: The Agency demonstrates effective
management processes based on a continuous improvement approach to service
management and delivery
Quality Standard 3. Effective Human Resource Management: The Agency
demonstrates sound human resource management processes including staff
recruitment, induction training and police check requirements as stipulated in Clause
20
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Quality Standard 4. Effective Information Management System: The Agency has
appropriate information management systems that assist with effective and efficient
management of service requirements and communication
Quality Standard 5. Regulatory Compliance: The Agency meets legislative and
statutory requirements including the health and safety standards
Quality Standard 6. Risk Management, Insurance and Indemnity: The Agency
identifies and manages potential risks to ensure safety of clients, staff and the
organisation. The Agencies must also indemnify Community Options against any
liability arising from service provision and maintain appropriate levels of insurance.
The Agency will therefore meet the following requirements for insurance:
• Public liability and professional liability insurance for an amount of not less
than $10 million (ten million dollars);
• Worker’s compensation insurance as required by the ACT legislation;
• Any other insurance in respect of any liability that may arise out of the
provision of services.
14. Performance Audit 14.1 - Community Options has aligned its quality management processes with the
Department of Health and Ageing/HACC - Home and Community Care “Community
Care Common Standards”. In agreeing to the terms and conditions of this Service
Agreement, the Agency agrees to participate in ongoing evaluations of organisational
compliance with quality standards and other requirements, as delineated in relevant
legislation, service standards, and this Agreement. The audits (evaluations) will
usually be conducted by Community Options every three years or earlier if required
14.2 - The framework for the Agency Performance Audit is the six (6) quality standards as
outlined in the Quality Standards section of this Agreement Clause 12. The
performance audit process will also be influenced by either non-compliance or poor
compliance identified in the application process or issues that may arise during the
course of daily service provision
15. Service Shifts 15.1 - The Agency agrees to fulfil shifts as specified by Community Options Coordinators.
In circumstances where a scheduled worker is unavailable to perform their allocated
shift, the Agency shall attempt to find a substitute worker with appropriate skills to
perform the requested service as per Community Options specifications. If the
Agency is not able to allocate a substitute support worker, the Agency will inform the
Community Options Coordinator/Case Manager either by phone or email in a timely
manner that will enable the Coordinator/Case Manager to engage a different Agency
15.2 - In cases where a regular/named worker is unavailable, the Agency agrees to give
due notice to Community Options. The Agency also agrees to directly inform the
client about the worker’s unavailability or any other changes, as appropriate
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16. Invoicing and Payments 16.1 - All Agencies will invoice Community Options on a regular basis and not less than
monthly, clearly displaying all details required for payment by Community Options,
including actual hours of and type(s) of service provided
16.2 - Payment will be made once the invoice is approved by Community Options, and in
most cases will be paid within 14 days. All variations to standard jobs must be listed
separately on the invoices, according to a price previously agreed with Community
Options
17. Drugs and Alcohol Policy 17.1 - Registered Agencies undertake not to perform or attempt to perform any support
duties whilst under the influence of alcohol or any illicit, illegal or unprescribed drugs
or other controlled substance/s. Agencies shall ensure that staff adhere to a no
smoking policy while providing services to clients
18. Statutory Record 18.1 - The Agency shall be required to comply with all statutory regulations and any other
authority having jurisdiction over the workplaces
19. Reporting 19.1 - The Agency shall immediately report any incidents or complaints involving a client
or their property to the allocated Community Options service Coordinator/Case
Manager, Team Manager or Client Services Manager, as appropriate
19.2 - The Agency shall report any changes to statutory or voluntary standards/codes of
practice that effect the Agency's work and identify the impact on their service delivery
20. Personnel 20.1 - All staff of the Agency providing services to Community Options clients shall be
adequately trained and have necessary skills and qualifications including WH&S
inductions. They shall have undergone registration for “Working with Vulnerable
People (Background Checking)” or other in accordance with requirements set out in
Clause 20 of this Agreement
20.2 - The Agency agrees that all staff shall maintain professional boundaries at all times.
Should a personal friendship develop as a consequence of service delivery it is
expected that the staff member is removed from their role in supporting the
Community Options client
20.3 – All “social media friendship invitations’ are encompassed in the statements of
professional boundaries stated in 19.2
21. Working with Vulnerable People (Background Checking)
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21.1 - The Agency will develop procedures to ensure compliance with police check
requirements as stipulated in this clause
21.2 - The Agency will ensure that all employees who are reasonably likely to have access
to Community Options clients possess a current Working with Vulnerable People
registration with the ACT Office of Regulatory Services as per Working with
Vulnerable People (Background Checking) Act 2011 prior to commencement of
services
21.3 - The Agency will ensure that all employees who are reasonably likely to have access
to Community Options clients will have a valid Working with Vulnerable People
registration
21.4 - The Agency will conduct appropriate risk assessments as part of recruitment and
human resource management processes to ensure that all their employees who will
have access to Community Options clients are ‘fit and proper’ for purposes of
providing services to vulnerable people
22. Cessation of Service 22.1 - Community Options reserves the right to request the cessation of service to
Community Options clients without the need to provide a detailed explanation. The
Agency acknowledges that it shall promptly comply with any such request. The
Agency is responsible for ensuring that they comply with the Fair Work Act 2009 or
relevant Modern Award
23. Conflict of Interest 23.1 - If you believe you have a conflict of interest in entering into any registration with
Community Options then the conflict or potential conflict shall be disclosed before
registration finalisation
23.2 - If during the term of the registration a conflict of interest arises, the Agency undertakes
to notify Community Options immediately in writing of that conflict or risk
24. Data Collection 24.1 - The Agency will not collect data or conduct research into services provided under
this Agreement without prior knowledge and approval by Community Options. Should
the approval be granted for research or any other data collection purposes, the
Agency also agrees to comply with privacy legislation and data collection standards
24.2 - Community Options will make available to the Agency within 28 days of receiving a
written request for such a copy, any public information or report compiled by
Community Options as a result of such surveys or of any annual report compiled from
ongoing data collections
24.3 - The Agency will promptly notify Community Options if it, or any third party intends to
conduct research into services that receive funds under this Agreement. The Agency
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agrees that any such research must comply with privacy legislation and Community
Options data collection standards
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Agency Acknowlegement I have read and understood the conditions of the Agency Service Agreement and agree to
abide and accept them as part of my Agency registration with Community Options.
I understand that Community Options does not guarantee that work will be provided to the
Agency. Jobs will be allocated on the basis of client requirements and Agency availability.