A lawyer can only sign a service contract if he has decision-making power (he may have powers in financial or personal matters or both).  The provider coordinates assistance as outlined in the participants` NDIS plan. The NDIA stipulates that service agreements can be entered into between the participant and the supplier or between another person (such as a family member or friend) and the supplier.  In a recent report, the Victorian Office of Public Counsel (OPA) rejected this view. The takeover states that, as a legal contract, a service contract can only be signed with the legal authority of the participant or a designated replacement decision maker with the appropriate powers, who has understood and accepted the terms of the contract. Potential replacement candidates are a candidate, guardian, administrator (also known in some jurisdictions as a financial manager) or a lawyer when the terms of the service agreement fall within their legal jurisdiction.  Persons who do not have formal permission to act on behalf of the participant, at para. B example a supporter or lawyer, are not allowed to enter into a service contract on behalf of the participant, but can help a person understand the terms and conditions of the agreement.  The NDIS-Musterdienstvereinbarung refers to a specific clause that must be included in a service contract and states that it is tax-necessary for the purposes of a GST exemption. However, the Australian Tax Office (ATO) notes that, as long as you have a written legal obligation to deliver to the NDIS participant and that this is appropriate and necessary support, as outlined in the Participant`s NDIS plan, the requirement for a written agreement is met.  The ATO provides some case studies that demonstrate how GST requirements can be met through other measures such as e-mail correspondence.
If the participant is unable to sign a service contract and there is no legal authority to sign the agreement on his or her behalf, an assistance coordinator may consider the possibility that the service will be provided without signing the agreement, provided there is no conflict or threat to a person`s well-being.  The takeover proposes that if a service reservation is made without agreement, a statement identifying the services to be provided (including the standard of services) must be provided to the individual and the person concerned.  Damages and interests and liability – liability clauses for property such as property damage and behaviour of concern (including loss and personal injury). These terms have been identified in agreements made by organizations specifically funded to help people with complex behaviours. We are talking here in general, there are additional requirements regarding service agreements for Independent Life Media (SIL) provider and disability accommodation specialist (SDA), which we will soon explore in our Quality and Safeguarding Newsletter. In these circumstances, assistance coordinators are advised not to sign a participant`s service agreements on their behalf. Such an approach would be considered a direct conflict of interest. It is a collaboration with each participant to develop a service contract that gives expectations, explains the supports to be provided and defines all the conditions related to the provision of media, including the reasons why these conditions are attached.