Office of the Public Advocate
This information relates to OPA’s amended deeds and processes in effect from 9 May 2022, and updated 19 October 2022.
Contents
1. We have our own service agreement. Why do we have to complete a deed?
2. What if we are audited and cannot produce our signed service agreement?
3. Where can I get further information about the validity of the OPA deed process?
4. If we sign a deed, can the guardian sign our service agreement as well?
5. Before submitting a deed, can I see how it looks like and read its terms and conditions?
Completing and submitting a deed online
6. Which type of deed should I submit?
7. Can support coordinators fill out a deed on behalf of another service provider?
After a deed has been submitted
9. What happens after I submit a deed?
10. I have already submitted the deed but I made a mistake in it. Can I amend the deed?
13. I submitted a deed a while ago. Why haven’t I received a co-signed copy of it yet?
Changing or extending an existing deed
16. What is a Deed Amendment Schedule and how do I make one?
17. What happens after I submit a Deed Ammendment Schedule?
About OPA’s NDIS deeds
1. We have our own service agreement. Why do we have to complete a deed?
OPA guardians do not have authority to enter into providers’ service agreements because they generally contain matters that go beyond the scope of the guardian’s authority (such as financial matters or terms pertaining to the conduct of the participant). Some providers’ service agreements also contain unfair or unconscionable terms.
For this reason, OPA developed and uses its own deeds rather than providers’ own service agreements. These deeds relate to the provision of supports and services and are limited to matters that are within the guardian’s authority to agree to on behalf of the participant.
2. What if we are audited and cannot produce our signed service agreement?
It is not a legal or policy requirement that a provider’s own service agreement be signed in order for services to be delivered. OPA’s deeds comply with the NDIA’s policies and procedures relating to service delivery. They can be produced for auditing purposes and making a service booking.
3. Where can I get further information about the validity of the OPA deed process?
You can contact National Disability Services, Australia's peak industry body for non-government disability service organisations, or Consumer Affairs Victoria to obtain further information about the validity of the OPA deed process.
4. If we sign a deed, can the guardian sign our service agreement as well?
No, the deed is signed in place of a service agreement. As outlined above, guardians cannot sign providers’ service agreements.
5. Before submitting a deed, can I see how it looks like and read its terms and conditions?
Yes, PDF copies of each type of deed are available for download at the bottom of this page.
Completing and submitting a deed online
6. Which type of deed should I submit?
- If you are providing support coordination services, submit a Support Coordination Services Deed
- If you are providing plan management services, submit a Plan Management Services Deed
- If you are providing specialist disability accommodation (SDA), submit a Specialist Disability Accommodation Deed
- For any other type of services, submit a Miscellaneous Services Deed.
If you provide support coordination and other types of services to the participant, you will need to submit both a Support Coordination and Miscellaneous Services Deed.
7. Can support coordinators fill out a deed on behalf of another service provider?
Yes, a support coordinator can fill out a deed on behalf of another service provider but they cannot sign a deed on behalf of another service provider. This is because the deed is an agreement between the provider and the participant.
After filling out a deed on behalf of another service provider, click on the ‘Save’ button. A message will pop up saying your progress has been saved. The message will contain a link to the deed. It will also ask for an email address. You can enter your own email address or the provider’s email address.
If you enter your own email address, you will receive an email with the link to the deed. You must then forward the email to the provider so they can access, sign and submit the deed.
If you enter the provider’s email address, the provider will receive the email with the link to the deed. The provider can then access, sign and submit the deed. You will not receive an email so make sure you save a copy of the link before closing the browser window in case you want to access the deed again.
Please note that after saving a deed, it must be completed within seven days. After seven days, the link to the deed becomes inactive.
8. How can I find out the NDIS plan dates and whether there is enough funding for the services I will be providing to the participant?
Before submitting a deed, please consult with the participant’s support coordinator to verify the plan dates and how much funding has been allocated for your services. Make sure you enter these details correctly in the deed.
After a deed has been submitted
9. What happens after I submit a deed?
After submitting a deed, a copy will be emailed directly to you (the provider), the support coordinator and OPA.
The support coordinator will review the deed and advise the guardian whether the details in the schedules are accurate, appropriate and compatible with the participant’s NDIS plan. The guardian can then sign the deed.
Once the guardian has signed the deed, another email attaching a copy of the co-signed deed (bearing both signatures) will be sent to you, the support coordinator and OPA.
10. I have already submitted the deed but I made a mistake in it. Can I amend the deed?
Yes, you can amend a submitted deed before the guardian signs it.
To do this, open the email you received after submitting the deed and click on ‘Edit the Shared Entry’. Make the necessary changes to the deed and submit it again. A copy of the updated deed will then be emailed to you, the support coordinator and OPA.
11. I’m a support coordinator. Why am I receiving copies of deeds relating to miscellaneous services and plan management, and what do I need to do with them?
You are receiving copies of deeds and deed amendment schedules relating to miscellaneous services and plan management to make it is easier for you to carry out your functions and responsibilities towards the participant. As confirmed by NDIA, this includes helping the participant to engage providers and set up service agreements (in this case, deeds) for services that reflect their goals and needs and that fit within their NDIS plan budget.
Within seven days of receiving a submitted deed or Deed Amendment Schedule, please review the NDIS plan dates in Schedule 1 and the details of services in Schedule 2 of the deed, or the details in the Deed Amendment Schedule.
- If you identify any errors or issues in relation to the proposed services or the availability of funding in the participant’s NDIS plan to pay for those services, note them in the ‘Support Coordinator’s Comments’ field on the ‘Support Coordinator’s Notation’ page and press ‘Submit’. Your comments will be automatically forwarded to the provider for them to amend and resubmit the deed.
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- Please note, as the deed has already been signed by the provider, you may not make any changes to the details in the deed yourself.
- If there are no issues, complete the ‘Support Coordinator’s Confirmation’ on the final page of the deed or Deed Amendment Schedule to confirm that, to the best of your knowledge, the details in the Schedule/s are accurate, appropriate, and compatible with the participant’s NDIS plan.
These responsibilities are set out in clause 3.3.5 of Support Coordination Services Deeds entered into after 9 May 2022.
The guardian will not sign the deed until they receive confirmation of your review.
When you receive a copy of the co-signed deed, you can save this for your records.
If the participant has a plan manager, please send the plan manager a copy of all co-signed deeds and deed amendment schedules for their records.
12. The support coordinator or guardian have asked me to change some details in the deed I submitted. How do I do this?
You need to amend and resubmit the deed. See the instructions in Question 10 above.
13. I submitted a deed a while ago. Why haven’t I received a co-signed copy of it yet?
Before the guardian can sign the deed, the support coordinator must review it and advise the guardian whether the details in the schedules are accurate, appropriate and compatible with the participant’s NDIS plan. If you submitted the deed more than 10 days ago and have not yet received a co-signed copy of it, follow up with the support coordinator to remind them to complete their review.
Changing or extending an existing deed
14. There is already a deed in place but now the services which the participant needs have changed. Do I need to submit a new deed?
No, if there is agreement to change the details of services to be provided to the participant, you can submit a Deed Amendment Schedule instead, provided the original deed was submitted on or after 9 May 2022 (see Question 16 below).
15. There is already a deed in place but now the services which the participant needs have changed. Do I need to submit a new deed?
No, if there is agreement to continue providing services (with or without changes) to the participant in the new plan period, you can submit a Deed Amendment Schedule instead, provided the original deed was submitted on or after 9 May 2022 (see Question 16 below).
16. What is a Deed Amendment Schedule and how do I make one?
A Deed Amendment Schedule is used to change the details of services to be provided to the participant which are set out in Schedule 2 of an existing deed, or to extend a deed to cover services in a new plan period.
You can submit a Deed Amendment Schedule if:
- There is a co-signed Support Coordination, Plan Management or Miscellaneous Services Deed in place between you and the participant
- That original co-signed deed was submitted on or after 9 May 2022, and
- The guardian has agreed to the continuing or varied services.
You complete and submit a Deed Amendment Schedule online in the same way that a deed is submitted. The Deed Amendment Schedule must set out all services to be provided to the participant during the relevant plan period, and specify the dates of that plan.
There is no limit on the number of Deed Amendment Schedules that can be made.
17. What happens after I submit a Deed Amendment Schedule?
After a Miscellaneous Services or Plan Management Deed Amendment Schedule is submitted, it is automatically sent to the support coordinator for review.
Once the support coordinator has confirmed the details in the Deed Amendment Schedule, a PDF copy will be sent to the provider, the support coordinator and OPA. The Deed Amendment Schedule will be taken to be made at that point unless the guardian contacts the provider within 5 business days to advise that they do not accept it.
However, if the Miscellaneous Services Deed Amendment Schedule adds any new services, or removes or discontinues any services listed in Schedule 2 of the original deed (or in the most recent Deed Amendment Schedule), the Deed Amendment Schedule will need to be co-signed by the guardian before it is finalised.
A Deed Amendment Schedule replaces Schedule 2 of the original deed and any earlier Deed Amendment Schedules in respect of services to be provided during the relevant plan period.
Further information
If you have any other questions about OPA’s NDIS deeds, please contact us at [email protected]
