Terms of Service | DiverseAccessCare

Last updated: 5 April 2026

1. Introduction and Acceptance

These Terms of Service ("Terms") govern the provision of disability support services by DiverseAccessCare ("we", "us", "our") to participants of the National Disability Insurance Scheme ("NDIS") and other clients ("you", "your", "participant"). By entering into a service agreement with us, or by using our website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

These Terms should be read in conjunction with your individual Service Agreement, our Privacy Policy, and any applicable NDIS guidelines. In the event of any inconsistency between these Terms and your Service Agreement, the terms of the Service Agreement will prevail to the extent of the inconsistency.

2. Service Agreements

Prior to commencing services, we will enter into a written Service Agreement with you (or your nominee or plan nominee, as applicable). The Service Agreement will specify:

The specific NDIS supports and services to be delivered
The schedule and frequency of service delivery
The pricing of supports, in accordance with the current NDIS Price Guide and Support Catalogue
Invoicing and payment arrangements (including the applicable plan management type)
The responsibilities of both parties
The process for varying or terminating the agreement
Cancellation and no-show terms

Service Agreements are entered into on a voluntary basis. You are free to negotiate the terms of your Service Agreement, and you are not obligated to accept any terms you are uncomfortable with. We will explain the Service Agreement to you in a manner and format that is accessible and understandable, and we will provide you with a copy for your records.

3. Our NDIS Obligations

As a registered NDIS provider, we are bound by the NDIS Act 2013 (Cth), the NDIS Code of Conduct, the NDIS Practice Standards, and the conditions of our registration with the NDIS Quality and Safeguards Commission. Our obligations include, but are not limited to:

Acting with respect for individual rights to freedom of expression, self-determination, and decision-making in accordance with applicable laws and conventions
Respecting your right to privacy of personal information
Delivering supports and services in a safe and competent manner, with care and skill
Acting with integrity, honesty, and transparency
Promptly taking steps to raise and act on concerns about matters that may impact the quality and safety of supports provided to you
Taking all reasonable steps to prevent and respond to all forms of violence, exploitation, neglect, and abuse
Taking all reasonable steps to prevent and respond to sexual misconduct
Complying with pricing limits and guidelines set out in the NDIS Price Guide
Maintaining adequate insurance coverage, including professional indemnity and public liability insurance
Cooperating fully with the NDIS Quality and Safeguards Commission in any compliance or investigation matters

4. Participant Rights

We are committed to upholding the rights of all NDIS participants. As a participant receiving services from DiverseAccessCare, you have the right to:

Choice and control: Choose the supports you receive, who delivers them, and how they are delivered, in accordance with your NDIS plan.
Dignity and respect: Be treated with dignity, respect, and courtesy at all times, regardless of your disability, cultural background, gender, age, or any other personal characteristic.
Privacy and confidentiality: Have your personal and sensitive information handled in accordance with the Australian Privacy Act 1988 and our Privacy Policy.
Safety: Receive supports in a safe environment, free from violence, abuse, neglect, exploitation, and discrimination.
Information: Receive clear, timely, and accessible information about your supports, including pricing, scheduling, and any changes to your services.
Feedback and complaints: Provide feedback, raise concerns, or make complaints without fear of retribution, and have your complaints handled promptly and fairly.
Advocacy: Access an independent advocate of your choice at any time to assist you in engaging with our services or making a complaint.
Exit: Cease receiving services from us at any time, subject to the notice provisions in your Service Agreement.

5. Your Responsibilities

To enable us to deliver effective and safe supports, we ask that you:

Treat our support workers and staff with respect and courtesy
Provide accurate and up-to-date information about your needs, goals, and circumstances
Inform us promptly of any changes to your NDIS plan, contact details, or health and safety requirements
Comply with the cancellation and notice provisions set out in your Service Agreement
Maintain a safe environment for our support workers when services are delivered at your home
Advise us of any risks or hazards in your home or community environment that may affect the safety of our staff
Communicate with us if you have concerns about the quality of your services so we can address them promptly

6. Cancellation Policy

We understand that circumstances change and cancellations are sometimes unavoidable. Our cancellation policy is designed to be fair to both participants and support workers, and is compliant with the NDIS Price Guide cancellation provisions:

6.1 Short Notice Cancellations

A "short notice cancellation" occurs when you cancel a scheduled support with less than two (2) clear business days' notice, or when you are not present at the agreed location at the agreed time ("no-show"). In accordance with the NDIS Price Guide, we may charge up to 100% of the agreed price for supports cancelled at short notice or not attended.

6.2 Standard Cancellations

If you provide at least two (2) clear business days' notice of a cancellation, no charge will apply. We will work with you to reschedule the support where possible.

6.3 Provider Cancellations

If we need to cancel a scheduled support, we will provide you with as much notice as possible and make every reasonable effort to arrange an alternative support worker or reschedule. No charge will apply when we cancel a scheduled support.

6.4 Cancellation Due to Illness or Emergency

We recognise that illness, hospitalisation, or genuine emergencies may prevent you from providing the standard notice period. In such cases, we will exercise discretion and may waive or reduce cancellation charges on a case-by-case basis. We encourage you (or a family member/carer) to notify us as soon as practicable.

7. Pricing and Payment

All pricing for NDIS-funded supports is in accordance with the current NDIS Price Guide and Support Catalogue published by the National Disability Insurance Agency. Our pricing may change in line with updates to the NDIS Price Guide, and we will provide you with reasonable notice of any pricing changes.

We will invoice in accordance with the arrangements specified in your Service Agreement. For NDIA-managed participants, we submit claims directly to the NDIA portal. For plan-managed participants, we submit invoices to your nominated plan manager. For self-managed participants, we issue invoices directly to you.

All invoices are payable within the timeframe specified in your Service Agreement. We reserve the right to suspend services in the event of persistent non-payment, following reasonable notice and attempts to resolve the matter.

8. Complaints and Dispute Resolution

We are committed to resolving complaints promptly, fairly, and without retribution. Our complaints process is as follows:

Step 1 — Raise the issue: Speak directly with your support worker or contact our office by phone, email, or through our website. We welcome all feedback.
Step 2 — Formal complaint: If the issue is not resolved to your satisfaction, you may lodge a formal written complaint. We will acknowledge your complaint within two business days.
Step 3 — Investigation and resolution: We will investigate the complaint and aim to provide a resolution within 21 days. We will keep you informed of the progress throughout.
Step 4 — External escalation: If you remain dissatisfied, you may escalate your complaint to the NDIS Quality and Safeguards Commission on 1800 035 544 or at{' '} www.ndiscommission.gov.au .

You may also involve an independent advocate at any stage of the complaints process. We can assist you in accessing an advocate if needed.

9. Termination of Services

Either party may terminate the Service Agreement by providing written notice in accordance with the notice period specified in the agreement (typically 14 days). We may also terminate services immediately if:

Continuing to provide services poses a serious risk to the health or safety of our staff or the participant
The participant's NDIS plan is not renewed or is substantially reduced such that the services cannot be funded
The participant engages in conduct that constitutes a serious breach of the Service Agreement

In all cases of termination, we will assist with the transition of services to another provider where possible, to minimise disruption to your supports.

10. Limitation of Liability

To the maximum extent permitted by law, DiverseAccessCare's liability to you for any claim arising out of or in connection with the provision of our services is limited to the amount of fees paid by you (or on your behalf) for the specific services giving rise to the claim.

We are not liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the provision of our services, except where such limitation is prohibited by law.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable legislation that cannot be excluded, restricted, or modified by agreement.

We maintain professional indemnity insurance and public liability insurance appropriate to the nature and scale of our operations.

11. Intellectual Property

All content on our website, including text, graphics, logos, images, and software, is the property of DiverseAccessCare or its licensors and is protected by Australian and international intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from our content without our prior written consent.

12. Website Use

Your use of our website is subject to these Terms. While we endeavour to ensure that the information on our website is accurate and current, we do not warrant that the website will be available at all times, free from errors, or free from viruses or other harmful components. The information on our website is provided for general purposes only and does not constitute professional advice.

Our website may contain links to third-party websites. We are not responsible for the content, privacy practices, or availability of those websites. The inclusion of a link does not imply endorsement of the linked website.

13. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria and any courts entitled to hear appeals from those courts in respect of any proceedings arising out of or in connection with these Terms.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid and enforceable.

15. Changes to These Terms

We reserve the right to update or amend these Terms at any time. Any changes will be posted on our website and will take effect from the date of publication. Where changes materially affect your rights under an existing Service Agreement, we will provide you with reasonable written notice.

16. Contact Us

If you have any questions about these Terms or our services, please contact us:

DiverseAccessCare

Email: info@diverseaccesscare.com.au

Phone: 1800 000 000

Location: Melbourne, VIC, Australia