An NDIS service agreement is a contract between you and your provider. It's required under NDIS rules for most service types and sets out what each party is responsible for. Many participants sign them without reading them carefully — which can lead to problems later.

What must be in an NDIS service agreement

Every NDIS service agreement should contain:

Identification. Participant name, NDIS number, provider name and ABN, plan management arrangement.

Services to be provided. Specific support categories, types of support, hours per week or month, schedule.

Pricing. Hourly rates, total costs, cancellation terms, travel charges if any.

Plan dates and review. Service period, alignment with NDIS plan dates, when services will be reviewed.

Each party's responsibilities. What the participant agrees to do. What the provider agrees to do.

Communication arrangements. How parties will contact each other, response timeframes.

Cancellation rules. How to cancel individual sessions, how to cancel the agreement entirely, notice periods, fees.

Complaints process. How concerns will be raised and addressed.

Worker arrangements. How workers are matched, when participants meet them, change processes.

Record-keeping. What records the provider keeps, what's shared with the participant.

Privacy. How personal information is handled.

Goals and outcomes. What the supports are meant to achieve.

For SIL or SDA service agreements, additional provisions about accommodation, housemates, and care models.

Service agreements should be in plain English, not legal jargon. Participants should be able to read and understand them.

What participants should check before signing

A few things to look for:

Term and notice. How long is the agreement for? How much notice for cancellation? Anything beyond 4 weeks notice is excessive for routine agreements.

Cancellation fees. What charges apply for cancellation? Reasonable cancellation fees apply for short-notice individual session cancellations. Significant cancellation fees for ending the agreement entirely are a flag.

Pricing. Is it within NDIS price limits? Are travel charges separated and clearly explained? Are public holiday and weekend rates documented?

Worker matching. Can you meet workers before they start? Can you request changes if a match isn't working?

Schedule flexibility. Can you change shift times if your needs vary? Can you increase or decrease hours within agreed limits?

Communication. Who's your day-to-day contact? Is there a coordinator you can talk to or just a head office number?

Emergency arrangements. What happens for after-hours, sickness, or unexpected absences?

Review dates. When will the agreement be reviewed? Reviews should happen at least quarterly.

Termination clauses. How can either party end the agreement? What's the process?

Common problems

A few patterns that cause trouble:

Locked-in long terms. Service agreements running for 12 or 24 months with limited cancellation rights. NDIS rules generally allow for reasonable termination — agreements that try to lock participants in are problematic.

High cancellation fees. Particularly for ending the agreement (rather than individual sessions). Some providers try to extract penalties from departing participants.

Vague service descriptions. "Up to 20 hours per month of personal care" leaves much undefined. Better agreements specify hours per week, schedule, what's included.

Pricing mismatches. Agreement signed at one rate, then provider charges at different rates. Or pricing provisions buried in fine print.

One-sided clauses. Agreements that protect provider interests heavily but don't offer equivalent protections to participants.

Inadequate worker matching commitments. Promises to "find suitable workers" without specifying what that means or how it works.

Missing complaint processes. Agreements should include clear paths for raising concerns. Some don't, leaving participants without recourse.

Cancellation and end clauses

Service agreements end in several ways:

End of plan period. Most agreements end automatically when the NDIS plan period ends.

Mutual agreement. Either party can suggest ending the arrangement; if both agree, it ends.

With notice. One party gives notice. NDIS rules generally allow reasonable notice (often 7-30 days for service agreements).

Immediately for cause. Agreement ends immediately if there's serious misconduct, safety concerns, or material breach.

NDIS rules generally support participant rights to change providers. Agreements that try to override this are problematic.

For ongoing agreements with no fixed end date, there should be regular review points and ability to make changes.

Frequently asked questions

Do I have to sign a service agreement?

For most NDIS-registered providers, yes — they're required by NDIS rules. Unregistered providers have more flexibility.

Can I negotiate the terms?

Yes. Service agreements aren't take-it-or-leave-it contracts. You can ask for changes before signing.

What if I sign and then realise something's wrong?

Most agreements have a cooling-off period of 7-14 days. After that, you can still terminate with notice as per the agreement.

Can the provider unilaterally change the agreement?

Material changes usually require new signatures. Minor administrative updates can sometimes be done with notice.

Should I have a service agreement reviewed by a lawyer?

For standard agreements, usually unnecessary. For complex SIL or SDA agreements, legal review can be worthwhile.

What if my provider doesn't have a written service agreement?

NDIS-registered providers should have written agreements for most services. If yours doesn't, request one. Operating without an agreement is poor practice.

If you want to know about Seareal's service agreements or talk through what's reasonable to expect from a provider, contact us. We're happy to discuss our approach without commitment.