Head Office: Level 1/254 Brighton Road, Somerton Park SA 5044

Terms & Conditions

Terms & Conditions

For further assistance regarding our terms and conditions, please contact our friendly team.

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Responsibilities of the Provider

Creativ Minds agrees to:

  • Provide the participant with written information (or in other formats as requested) about the types of support to be offered.
  • Work collaboratively with the Participant and their family/carer and other stakeholders (where required) to provide supports in a manner that suits their needs.
  • Communicate openly and honestly in a timely manner.
  • Treat the Participant and their family/carer with courtesy and respect.
  • Listen to the Participant and their family/carer on any feedback and resolve problems quickly.
  • Give the Participant and their family/carer the required notice if Creativ Minds needs to end the Service Agreement (see ‘Ending this Service Agreement’ below).
  • Protect the Participant’s privacy
  • Provide supports in a manner consistent with all relevant laws, including the National Disability Insurance Scheme Act 2013 and the Australian Consumer Law.
  • Keep accurate records on the supports provided to the Participant.
  • Notify immediately the Participants family/carer or other significant stakeholders of any significant incidents or accidents involving the Participant under this Support Service Agreement.
  • Induct and appropriately train all support workers prior to the commencement of supports.
  • Provide ongoing supervision and feedback to support workers involved in your direct support.
  • Ensure criminal record and Working with Children Check (where required) for staff providing with supports to Participants.
  • Provide staffing at different skill levels. However certain options may come at different costs pending on the support needs of the Participant.
  • Comply with the SCHADS (Social, Community, Home Care and Disability Service) Award at all times to ensure the staff employed meet the award conditions.

Responsibilities of the Participant

The Participant and their family/carer agrees to:

  • Work cooperatively with Creativ Minds to ensure that services and supports are delivered to meet the Participants needs.
  • Keep Creativ Minds informed of any changes if the Participant’s circumstances change or if there are changes to their NDIS plan.
  • Treat staff of Creativ Minds with courtesy and respect.
  • Immediately inform Creativ Minds if there are any concerns about the supports being provided (see ‘Feedback, Complaints and Disputes’ below).
  • Comply with Creativ Minds cancellation policy which is (1 week’s notice) in accordance to the NDIS Cancelation Policy.
  • Provide Creativ Minds reasonable notice (1 week’s notice) should the Participant need to change any arrangements so that appropriate rescheduling can be made.
  • Provide Creativ Minds reasonable notice (1 week’s notice) should the Participant wish to cease this Agreement.
  • Agree that if the Participant overspends with their NDIA funds, that the Participant is personally liable for any extra costs.
  • Agree that Creativ Minds will cease immediately until there are adequate funds available.
  • Agree to contact the Team Leader or Managing Director of Creativ Minds for any changes to this Service Agreement.
  • Provide a safe working environment if working in the Participants residence.
  • Agree to not deliberately contravene the SCHADS Award by requesting staff to work outside of the working conditions.
  • Agree to adhere to all Creativ Minds Policies and Procedures.

Provision of supports to be put into place in the event of an emergency or disaster

Creativ Minds is committed to ensuring that where possible, there will be continuity of services provided to all Participants during and after an emergency or natural disaster.

Creativ Minds has a documented Policy (7.20 – Emergency and Disaster Management Policy – File below) and a Risk Management Plan that will be implemented to attempt to provide continuity of services during and after an emergency or natural disaster.

The Creativ Minds Risk Management Plan covers the following key headline items:

  • Business Information Systems.
  • Access to contact details, information and all records.
  • Monitoring of a pending Natural disaster.
  • Creativ Minds premises.
  • Communication with the participants family.
  • Business administration tasks.

Creativ Minds will provide further details to Participants of its Risk Management Plan during and after an emergency or natural disaster if requested by the Participant.

Changed to this service agreement

If changes to any services or their delivery are required, the Parties agree to discuss and review this Service Agreement.

Both parties must agree to any changes to services.

Cancellation of supports

Should Creativ Minds staff be unavailable due to illness/leave, support for that day may be cancelled.

Creativ Minds will notify the Participant and their family/carer of our staff member’s absence as early as possible. Where applicable and appropriate, supports for that day may be rescheduled for another suitable time agreed upon by both the Participant and Creativ Minds to enable continuity of supports or another staff member may be utilised.

Creativ Minds will be responsible to notify the Participant no later than 2 hours prior to the documented support start time. No charge will be incurred by the Participant for that day’s support.

Creativ Minds is required to receive notice of support cancellation 7 days prior to provision of support in accordance to the NDIS Cancellation Policy. If Creativ Minds does not receive such notice, payment will be claimed as per the participant agreed support Plan through NDIS provider portal.

Where cancellation is received within the specified timeframe no claim for payment will be made to NDIA.

Termination of the service agreement

The participant has the right and the choice to cancel this Service Agreement, should they wish do so at any time, provided they give 1 week’s notice of cancellation of the Agreement.

Should either party wish to end this Service Agreement they must give 1 week’s notice of cancellation of the agreement. If either party seriously breaches this Service Agreement the requirement of notice will be waived.

Feedback, complaints and disputes

The participant has the right to submit a feedback or complaint to the provider should they wish to do so at any time. The participant is encouraged to talk to email the General Manager at [email protected]

If the participant is not satisfied with an outcome, the participant can contact the National Disability Insurance Agency by calling 1800 800 110, visiting one of their offices in person, or visiting ndis.gov.au for further information.

Goods and services tax (GST)

For the purposes of GST legislation, the Parties confirm that: 

  • A supply of supports under this Service Agreement is a supply of one or more of the reasonable and necessary supports specified in the statement included, under subsection 33(2) of the National Disability Insurance Scheme Act 2013 (NDIS Act), in the participant’s NDIS plan currently in effect under section 37 of the NDIS Act.
  • The participant’s NDIS plan is expected to remain in effect during the period the supports are provided.
  • The participant/participant’s representative will immediately notify the provider if the participant’s NDIS Plan is replaced by a new plan or the participant stops being a participant in the NDIS.

Covid-19 Waiver

Creativ Minds requires that the Primary Carer, Authorised Person or Authorised Guardian of the Participant acknowledge and sign this waiver.

Creativ Minds will not be able to provide any services to the Participant unless this waiver is signed as part of our New Client Procedures.

The Primary Carer or Authorised Person or Authorised Guardian of the Participant acknowledges and accepts the following:

  1. That COVID-19 has been classified as a world-wide pandemic.
  1. That Creativ Minds has implemented all reasonable procedures and steps to ensure that the Participant will be protected from the risk of a COVID-19 infection.
  1. They have provided honest responses to the screening questions asked by Creativ Minds relating to the Participant.
  1. That they have been provided with the document titled “Managing Coronavirus” which outlines the procedures of Creativ Minds to minimise the risk of a COVID-19 infection to all Participants and staff.
  1. Despite the implemented infection control measures required by the SA Department of Health, Creativ Minds can neither warrant nor guarantee that the Participant will be protected from exposure to COVID-19.

The Primary Carer or Authorised person of the Participant is aware of all of the above information and that they will release and indemnify Creativ Minds from any liabilities, claims and/or damages arising from the Participant contracting COVID-19.

I confirm that this coronavirus (COVID-19) waiver has been explained to me and / or my Primary Carer, Authorised Person or Authorised Guardian.

I/we agree to release and indemnify Creativ Minds from any liabilities, claims and/or damages arising from the Client contracting COVID-19.

Eligibility Criteria

ENGAGEMENT POLICY

A participant with a disability from any social/economic and/or community or ethnic group will be eligible to access the relevant services provided by Creativ Minds through self-referral or referral via family members, an advocate, the NDIS or other agencies.

Information sought on potential participants is utilised to assess their level of eligibility against the services eligibility criteria and the type of information sought is the minimum required for a fair and suitable assessment.

DISENGAGEMENT POLICY

Creativ Minds will review its service to each participant and has the right to withdraw service from the participant, if shown to be no longer appropriate.

Prior to the reduction in hours of services to any participant, contact will be made with other service providers involved in the participant’s life to evaluate levels of support currently provided and intended to be maintained in the future.

A decision will then be made with the participant/carer for most efficient use of support resources available.

If the decision is to reduce hours, then other service providers will be contacted and informed of the decision to enable them to fully understand the support to be provided to the participant.

INVOLUNTARY DISENGAGEMENT – PROCEDURE

The General Manager has the authority to suspend any participant involved in violent or disruptive behaviour towards Creativ Minds staff, whether the behaviour is self-directed or directed at any staff member or any other person.

The General Manager will ensure that the demonstrated behaviour was not caused by a break down in staff’s ability to communicate.

A behaviour management plan may be implemented in consultation with the participant, carer and behaviour management specialist and a clear course of action explained prior to a decision to withdraw services to the participant.

If the withdrawal of services is the only possible outcome, then the participant/carer will be informed and involved in the ceasing of services provided by Creativ Minds.

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