Terms

Purpose of Ribbon

1. To support people with disability to pursue their goals and maximize their independence and social and economic participation.

2. To develop the capacity of people with disability to participate in the community.

Compliance

Ribbon acts in good faith and in the interests of the participants.

When delivering supports or conducting a business in relation to the delivery of supports, Ribbon will comply with each of the following:

- The NDIS Act, the Rules, all relevant NDIS guidelines, and all policies issued by the NDIA

- The Registered Provider’s own Code of Conduct, Code of Ethics or Service Charter, and

- Any Commonwealth, State or Territory laws, and any other requirements, that are applicable to the Registered Provider, including, but not limited to the Privacy Act 1988 (Cth), the Australian Consumer Law, and any relevant quality and safeguard laws, including Quality Assurance and Safeguards Working Arrangements and the Guide to Suitability.

Further information on quality and safeguarding arrangements are available on the NDIS website, including in the Guide to Suitability and Quality and Safeguards Working Arrangements.

Ribbon will notify the NDIA if they become subject to any investigation for breach of a Commonwealth, State or Territory law and/or quality and safeguard arrangements.

Business Practice & Service Delivery

Service Agreements

Ribbon works with a participant to establish a written agreement, in the participant’s preferred form of communication, about the expected outcomes and the nature, quality and price of supports to be provided, and any agreed terms and conditions. All supports must be delivered in accordance with that agreement, and the provider must ensure that the participant is regularly provided with, or has access to (for example, through myplace), details of services delivered, and the amount charged for those services. Providers must also abide by relevant consumer laws regarding the provision of receipts and itemized bills.

Service agreements must be consistent with the NDIS’s pricing arrangements, guidelines and the requirements of the A New Tax System (Goods and Service Tax) Act 1999 regarding the application of the goods and services tax to its services.

For a participant who is managing the funded supports in their plan (self-managing participant), the service agreement must clearly set out the costs to be paid in relation to the support, when delivery of the support is to be performed and the method of payment.

The service agreement must also provide information on complaint handling and dispute resolution processes.

Withdrawal of terminations of services by Ribbon

Service agreements must include a time frame for the notice of termination of services by Ribbon. The minimum allowable notice period for this purpose must be no less than 14 days or such longer period as is adequate to enable the participant, his or her nominee, or the Agency to nominate an alternative Registered Provider to deliver those support services. Subject to this minimum period, the time frame may otherwise vary between participants depending on the nature and frequency of the support.

If Ribbon intends to withdraw or terminate its services to a participant, notice must be given in accordance with the service agreement.

Ribbon and its participants (except for those who that are self-managing) cannot contract out of the Price Guide. Where there are any inconsistencies between the Service Agreement and the Price Guide, the Price Guide prevails.

Insurance

Ribbon maintains an adequate level of insurance, including public liability insurance, professional indemnity insurance, and workers compensation insurance when employing workers.

All insurances are taken out with an insurer:

- Recognized by the Australian Prudential Regulation Authority, or

- Regulated by a State/Territory Auditor-General

Complaints

Ribbon has a clear and accessible complaints handling and dispute resolution processes. Records related to complaints are to be maintained for at least 5 years or as required by law.

Where Ribbon provides services that are regulated by Commonwealth, State or Territory law, complaints may also be referred to the relevant complaints body for investigation, including the relevant Ombudsman (See Ribbons Feedback & Complaints page for more information).

Definitions

Agency means the National Disability Insurance Scheme Launch Transition Agency

NDIS Act means the National Disability Insurance Scheme Act 2013

Participants means someone who is funded to access the NDIS

Records include documents, information and data stored by any means and all copies and extracts

Registered Provider means a person or entity approved under section 70 of the NDIS Act as a registered provider of supports

Rules means the National Disability Insurance Scheme (Registered Providers of Support) Rules 2013

Conflict of Interest

Ribbon acts in the best interests of participants, ensuring that participants are informed, empowered and able to maximize choice and control. Ribbon will not (by act or omission) constrain, influence or direct decision making by a person with a disability and/or their family so as to limit that person’s access to information, opportunities, choice and control.

Actions to manage actual or perceived conflicts

Ribbon will proactively manage perceived and actual conflicts of interest, including through development and maintenance of organisational policies. These policies must specify how the Ribbon will:

- Ensure its organisational or ethical values do not impede a participant’s right to choice and control

- Manage, document and report on individual conflicts as they arise, and

- Ensure that advice to a participant about support options (including those not delivered by Ribbon) is transparent and promotes choice and control.

Ribbon will have in place governance arrangements that ensure that all participants are treated equally, and that no participant is given preferential treatment above another in the receipt or provision of supports.

Gifts, benefits & commissions

Ribbon will not accept any offer of money, gifts, services or benefits that would cause them to act in a manner contrary to the interests of the participant. Further, a Registered Provider must have no financial or other personal interest that could directly or indirectly influence or compromise the choice of provider or provision of supports to a participant. This includes the obtaining or offering of any form of commission.

Payment & Pricing

Ribbon must adhere to the NDIA Price Guide or any other Agency pricing arrangements and guidelines as in force from time to time.

Ribbon must declare relevant prices to participants before delivering a service. This includes declaring any notice periods or cancellation terms. Participants are not bound to engage the services of Ribbon after their prices have been declared.

Ribbon can make a payment request once that support has been delivered or provided.

Prices charged to participants must not exceed the price level prescribed for that support in the Pricing Guide.

No other charges are to be added to the cost of the support, including credit card surcharges, or any additional fees including any ‘gap’ fees, late payment fees or cancellation fees. These requirements apply to all Registered Providers regardless of whether funding for the support is managed by the participant, or managed by a Registered Provider, or managed by the Agency.

A claim for payment is to be submitted within a reasonable time (and no later than 60 days from the end of the Service Booking).

Ribbon cannot charge cancellation fees, except when specifically provided for in the NDIA Price Guide.

Maintenance, Records & Audit

Ribbon will keep full and accurate accounts and financial records of the supports delivered to NDIS participants, along with records of service agreements. The accounts and financial records must be maintained on a regular basis and in such detail that the Agency is able to accurately ascertain the quantity, type and duration of support delivered.

Financial records and accounts are to be retained by Ribbon for a period of no less than 5 years from the date of issue.

In addition to these requirements, the retention of all records must also comply with all relevant statutes, regulations, by-laws and requirements of any Commonwealth, State, Territory or Local Authority.

Ribbon is required to recommit to the Terms of Business as in force on an annual basis. The Provider Portal (myplace) will auto-generate a notice to renew their agreement to the Terms of Business. Failure to do so will result in the provider being unable to request payment until compliance is achieved.

If requested by the Agency, Ribbon must provide to the Agency within 30 days from the date of the request or within the time specified in the request, any of the following documents:

- A copy of Ribbons most recent financial statements

- A copy of Ribbons most recent insurance certificate, and

- Any document that would reasonably be connected with the Ribbons provision of supports.

Ribbon may be reviewed by the Agency in relation to supports funded for a NDIS. Ribbon will cooperate fully with the Agency officers who are undertaking review activities.

As part of any review, or as otherwise reasonably requested by the Agency in carrying out its rights and obligations Ribbon must give the Agency or persons authorized by the Agency (‘those permitted’) access to premises where accounts and records associated with the provision of services to participants are stored and allow those permitted to inspect and copy all records associated with the provision of services to participants.

Ribbon will provide all reasonable assistance requested by those permitted including making available all accounts and records relating to the provision of services to participants at the Registered Provider’s registered office or the Registered Provider’s principal place of business or other place as agreed.

The rights referred to above are subject to the provision of reasonable prior notice by those permitted (except where those permitted believe there is an actual or apprehended breach of the law).

The requirement for access as specified above does not in any way reduce Ribbons responsibility to perform its obligations in accordance with any agreement related to the provision of services to participants.

Ribbon will ensure that any subcontract entered into for the purposes of providing services to participants allows those permitted to have access to accounts and records associated with the provision of services to participants.

Where a decision by the NDIA is the subject of a merits review or complaint, the Registered Provider is required to cooperate in providing any documents or other information requested. Pursuant to section 6C of the Freedom of Information Act 1982 (FOI Act), Ribbon will provide all documents to the Agency that are relevant to a request made under the FOI Act within 7 days receipt of a request from the Agency.