A service agreement is the contract between you and the provider. It sets out what will be delivered, at what rate, on what terms, and what happens if either side wants to change or end it.
It does not need to be long. It does need to be specific.
What should be in it
- The services, in detail: tasks, hours, times and frequency.
- The rate for each service, including weekend, public holiday and travel charges.
- The minimum visit length and how part-hours are billed.
- The cancellation policy, for both you and the provider.
- How changes to the plan are agreed and recorded.
- Privacy and information sharing, including who can be told what.
- The complaints process and the timeframe for a response.
- Insurance and police check confirmation.
- The notice period to end the agreement, both ways.
- What happens to your records when the agreement ends.
Clauses to read twice
Cancellation. A short notice period with a full charge is common, but it should be clear. Ask what happens if the provider cancels.
Rate changes. How much notice do they give before a rate increase? Is it in writing?
Scope. "Personal care and domestic assistance" is vague. A list of tasks is not.
Subcontracting. Can the provider send a worker from another company without telling you?
Liability. What happens if something is damaged or someone is injured?
What to do if something is missing
Ask for it to be added before you sign. A provider who resists a clear rate or a written cancellation policy is telling you how they will behave later.
Keep a signed copy. If the agreement is updated, keep the old version too.
You can negotiate
An agreement is not a take-it-or-leave-it document. If a clause is unclear or unfair, ask for it to be changed. A reasonable provider will discuss it.
If you are funded
NDIS and aged care providers have additional requirements about service agreements, records and privacy. Ask how the agreement fits your funding rules, and keep the plan and the agreement together.
Common questions
Do I have to sign an agreement?
Reputable providers will ask you to. It protects both sides. Read it first.
Can I change the agreement later?
Yes, with agreement from both sides. Put changes in writing.
What if I do not understand a clause?
Ask for it in plain words, or get advice from a community legal centre.
Does an agreement lock me in?
It should set out a notice period, not a lock-in. Check the exit terms.
What happens if the provider breaches the agreement?
Raise it in writing, use the complaints process, and seek advice if it is serious.
Sources and further reading
This guide is general information, not medical, legal or financial advice. If you are worried about your health, call your GP. In an emergency, call 000.