NDIS service agreements: making choice and control more real

This report explores the onerous and unfair terms being included in many of the NDIS service agreements sent to OPA for signing by guardians. The report groups these concerns into the following nine areas:

• anti-competitive matters
• assignment
• complaints
• description of services
• financial
• improper signing of agreements
• indemnity and liability
• negotiations
• personal responsibilities.

These are national issues. The report makes a series of recommendations to address these serious concerns which include:

• NDIA consider the report when revising its information and guidance 
• NDIA clarifying that a service agreement may only be signed by a participant, or their legally appointed representative
• NDIA prohibiting service providers from asking participants to sign service agreements that they do not understand
• disability advocacy and consumer rights organisations supporting NDIS participants to address unfair NDIS service agreements by reporting issues to appropriate bodies.

OPA conveyed its concerns and recommendations to the NDIA. The NDIS response is included in the report. OPA also distributed the report to a range of agencies having a role to play in ensuring fair service agreements. OPA is seeking further monitoring and action so that participants, their plan nominees or guardians are not being required to enter into unfair and onerous agreements.