NDIA states that service agreements may be entered into between the Participant and the Provider or between another person (such as a family member or friend) and the Provider.  In a recent report, the Victorian Office of the Public Advocate (OPA) rejected this view. The takeover bid stipulates that a service contract can only be signed as a legal contract with the legal authority of the participant or an appointed replacement decision-maker with appropriate powers, who has understood and accepted the terms of the contract. Potential replacement decisions are a plan applicant, guardian, administrator (also known as a financial manager in some jurisdictions) or attorney if the terms of the service contract are governed by their legal jurisdiction.  Persons without formal authorization to act on behalf of the participant, such as.B. a supporter or lawyer is not authorized to enter into a service contract on behalf of the participant, but they can help a person understand the terms and conditions of the agreement.  Our support coordination workshops are often dominated by discussions about what should be in an NDIS service contract, which should have one and which should sign one. Many service contracts are unnecessarily complicated, but when we talk about simplification with providers, there is reluctance for fear of non-compliance. But in a scheme based on choice, control and the presumption of capacity, perhaps the opposite could happen. Many suppliers are rapidly developing this human rights policy or a brilliant charter to meet standards like this. But if we cannot even properly lay the foundations for a fair agreement, with what authority do we declare our commitment to equal human rights? We`ve all seen these 57-line service agreements that you have to interpret by a lawyer. They wrap an organization in an air cushion film while depriving the most vulnerable party, the participant, of any protection.
A lawyer can only sign a service contract if he or she has appropriate decision-making authority (he or she may have financial or personal affairs skills or both).  We are talking here in general, there are additional requirements regarding service agreements concluded for assisted independent living providers (SILs) and specialised accommodation for the disabled (SDA) which we will discuss shortly in our Quality and Safeguarding newsletter. Meeting communication needs and making deals with people in alternative formats is a good practice, just think about how you can prove the deal.. . .