STANDARD TERMS AND CONDITIONS
Agreement for Service Provision
(a) Living Well Care Support Pty Ltd agrees to supply the Home Care Services to the Consumer from the Commencement Date in accordance with these Terms and Conditions.
(b) The Home Care Services are to be supplied at the Frequency and Quantity and in accordance with any other requirements as agreed, as may be amended in writing by the Consumer and Living Well Care Support Pty Ltd from time to time.
(c) The Home Care Services are to be supplied directly by Living Well Care Support Pty Ltd or their Personnel, as the case may be.
(d) Notwithstanding the supply of any of the Home Care Services by Living Well Care Support Pty Ltd’s Personnel, Living Well Care Support Pty Ltd remains ultimately responsible and liable for the delivery of the Home Care Services in accordance with these Terms and Conditions.
(e) At any time, the Consumer may request additional units of the Home Care Services.
(f) Any additional units of the Home Care Services requested under clause 1.e, will be paid at the higher of:
i. the Fees as set out in the Order Form for each additional unit; or
ii. Living Well Care Support Pty Ltd’s then current standard prices, for each such additional unit,
(g) At any time, the Consumer may request further Home Care Services, which Living Well Care Support Pty Ltd may agree to provide in its discretion.
(h) Any further Home Care Services requested and agreed to be provided will be paid at Living Well Care Support Pty Ltd’s then current standard prices, or as otherwise agreed in writing between the Consumer and Living Well Care Support Pty Ltd.
Aged Care Act means the Aged Care Act 1997 (Cth) including any regulations and principles made under that Act, as varied from time to time.
Aged Care Quality and Safety Commission Act means the Aged Care Quality and Safety Commission Act 2018 (Cth) including any regulations and principles made under that Act, as varied from time to time.
Aged Care Quality Standards means the standards as set out in Quality-of-Care Principles 2014 as amended from time to time.
Code of Conduct means the Code of expected conduct of Workers. Providers and Key Personnel as determined and governed by the Aged Care Quality and Safety Commission as set out within the Aged Care Code of Conduct as amended from time to time.
Commencement Date means the date so specified in the Services Form.
Consumer’s Policies and Procedures means the policies and procedures of the Consumer in relation to the delivery of the Home Care Services as amended from time to time.
Disqualified Individual has the meaning given to that term in the Aged Care Quality and Safety Commission Act.
Documentation means the registrations and other qualifications which Living Well Care Support Pty Ltd and/or their Personnel (as the case may be) are required to hold, for the performance of the Home Care Services, including, without limitation:
i. a current federal police check and, in the event the Third-Party Worker has lived overseas in the last ten (10) years, an appropriate international police check;
ii. appropriate references;
iii. verification of qualifications;
iv. copies of registrations and licences;
v. a driver’s licence or other government issued identification;
vi. first aid certificate (if applicable);
vii. insurance as reasonably required by the Consumer for Living Well Care Support Pty Ltd and/or their Personnel to perform the Home Care Services;
viii. Vaccination records (if requested by the Consumer); and
ix. as required under this Aged Care Act,
Fees means the fees payable for the Home Care Services.
GST Law has the same meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Home Care Services means the personal care services and other personal assistance to be provided by Living Well Care Support Pty Ltd as set out in the Services Form, as amended from time to time.
Home Care Package means the government approved package of services including the Home Care Services of the Consumer managed by the Consumer’s Representative.
Key Personnel has the meaning given to that term in the Aged Care and Other Legislation Amendment (Royal Commission Response) Act 2022
Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in writing or digitally, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
Personnel means Living Well Care Support Pty Ltd’s officers, employees, agents, and contractors (as applicable).
Privacy Law means all applicable privacy laws relating to Living Well Care Support Pty Ltd’s collection, use, disclosure, or handling of Personal Information, including, without limitation the Privacy Act 1988 (Cth).
SIRS or Serious Incident Response Scheme means all
applicable mandatory reporting incidents relating to Living Well Care Support
Pty Ltds requirements to meet such regulations as laid out in the SIRS for Home
Services as determined by the Aged Care Quality and Safety Commission and
legislated within the Aged Care and Other Legislation Amendment (Royal
Commission Response) Act 2022
Variation, suspension and termination
(a) This Agreement may be varied by mutual consent following adequate consultation between the Consumer and Living Well Care Support Pty Ltd but must not be varied in a way that is inconsistent with the Act or law. Any variation must be in writing and signed by both parties to this agreement.
(b) If the Consumer seeks to vary, suspend or terminate the agreement they will do by providing 28 days written notice to Living Well Care Support Pty Ltd.
(c) The Consumer agrees to otherwise comply with any cancellation policy of Living Well Care Support Pty Ltd which has been previously notified to the Consumer within this agreement, except that the Consumer shall have no liability to Living Well Care Support Pty Ltd where it provides no less than forty-eight (48) hours’ notice of cancellation of any of the Home Care Services scheduled to be provided.
(d) In certain circumstances, Living Well Care Support Pty Ltd may end this Agreement by providing 7 days written notice to you, including:
i. if you do not meet your responsibilities, as described in this Agreement; or
ii. if your needs increase and we can no longer safely provide adequate care.
General
Relationship between the Parties:
(a) Nothing in these Terms and Conditions may be deemed to constitute an employment relationship, a partnership, joint venture, agency or other legal relationship between the Consumer, the Consumer’s Representative, and Living Well Care Support Pty Ltd other than that of supplier and purchaser of services.
Severance
(a) If the whole or any part of a provision of these Terms and Conditions is void, unenforceable or illegal it is severed. The remainder of these Terms and Conditions continue to have full force and effect.
Governing law and jurisdiction
(a) These Terms and Conditions are governed by the laws of the State of Queensland in the Commonwealth of Australia. Each Party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland and the courts of appeal from them.
Waivers
(a) Waiver of any right, power, authority, discretion, or remedy arising on a breach of these Terms and Conditions must be in writing and signed by the party granting the waiver.
(b) A party may not rely on any conduct of another party as a defence to exercise of a right, power, authority, discretion, or remedy by that other party.
(c) This clause may not itself be waived except in writing.
Assignment and subcontracting
(a) Living Well Care Support Pty Ltd may subcontract the performance of any part of its obligations under these Terms and Conditions to:
i. persons appropriately skilled and qualified (including, where relevant, holding all required insurances and registrations) to provide the Home Care Services
(b) Living Well Care Support Pty Ltd may assign its interest, rights and obligations under this Agreement to a third party (i.e. if the business is sold or another entity replaces Living Well Care Support Pty Ltd), by way of giving written notice of the change to you.
Precedence
(a) These Terms and Conditions prevail to the extent of any inconsistency in respect of any of Living Well Care Support Pty Ltd’s terms and conditions for the supply of the Home Care Services.
Insurance Recommendations
As you will have various people visiting your home to provide services and/or goods it is advisable that you have home and contents insurance in place should any property damage occur.
Notice
(a) Any written notice required under this Agreement shall be served on the other party if it is emailed to Living Well Care Support Pty Ltd or the Consumer (or your Authorised Representative), or another address as notified by the relevant party in writing.
(b) In the case of service by post, the party concerned is deemed to have received the notice at the time when in the ordinary course of post, it would be delivered to the address to which it is sent.
Adjustments to Service Charges
(a) If any of Services Charges are expressed as a dollar amount we may adjust these or a component of them:
i. annually with effect from 1 July, to reflect the percentage change in CPI for the prior period 1 July to 30 June (if a positive amount) or in any other manner agreed, including as set out in the Pricing Schedule;
ii. by any amount we reasonably determine to recover or offset any additional costs and/ or any expenses we incur in connection with the delivery of Services or management/ administration of your Home Care Package (eg if our suppliers increase their prices); and
iii. to recover or offset any additional tax, duty, levy or impost directly or indirectly payable or incurred by us in connection with this Agreement or the delivery of Services. An adjustment under this clause will not exceed the amount of the additional tax or duty.
(b) Any changes to the charges under clause “Adjustment of Service Charges i and ii” will take effect on the date the change is agreed to take effect (if a change can only occur under the Aged Care Act by agreement, following consultation) or, in any other case, 28 days after we give you written notice of the new charges.
(c) To the extent of any inconsistency between the adjustment methods set out in this clause and the Pricing Schedule, the Pricing Schedule prevails.
(d) Additional expenses (things not included as part of your Home Care Package funding) are not included. The Consumer must pay for these things, for both themselves and the worker, where applicable.
(e) If GST under the GST Act or other taxes become payable on the fees, it is payable by you in addition to the base amount quoted by Living Well Care Support Pty Ltd.
(f) The minimum
visit scheduled will be 60 minutes and the scheduled visit time will be charged
unless circumstances beyond the client’s control cause this to be shortened, or
the client requires the staff member to stay longer. In both these
circumstances the actual time will be charged.
Cancellation Terms
It is your responsibility to notify Living Well Care Support Pty Ltd if you are not available for a scheduled visit. If you need to cancel an appointment, please let us know by no later than 48 hours prior to the appointment. If you cancel later than this we will need to charge the full visit fee to the package even if you do not receive a service.
Transport and Travel
(a) Transport costs associated with community participation supports and transport supports are not included in the hourly support rate. This includes the cost of public transport, parking fees, road tolls, taxi fares and kms travelled.
(b) Living Well Care Support Pty Ltd can charge for the time its workers spend travelling to the Consumer.
Non-face-to-face supports and report writing
(a) For some supports, Living Well Care Support Pty Ltd can claim for non-face to face activities e.g. report writing or developing support plans for workers.
(b) Living Well Care Support Pty Ltd will not claim for administrative tasks such as scheduling supports, training or submitting claims.
Services
The Consumers Case Manager will work with them to design a Care Plan setting out the Services needed. The Consumer will provide a copy of the Care Plan to Living Well Care Support Pty Ltd and details about any changes to the Care Plan.
Living Well Care Support Pty Ltd can refuse to provide a particular Service if:
(a) they assess that Service as being unsafe or outside the scope of their practice;
(b) that Service is unavailable or if we are unable to secure a suitable Living Well Care Support Pty Ltd; or
(c) you arrange a service that is not covered by the Care Plan and Budget, the Consumer will be responsible for the cost of that service.
Service Delivery
(a) The Consumer must be at their Home at the designated times to receive Services. If they are absent, Living Well Care Support Pty Ltd may still charge you for the attendance.
(b) If the Consumer wants to change or cancel a Service they must provide Living Well Care Support Pty Ltd with at least 48 hours notice, otherwise the full appointment fee is payable
(c) The Consumer must allow attending personnel to complete and perform their duties in the time allocated.
(d) The Consumer must make full disclosure of any matter which relates to or may affect Living Well Care Support Pty Ltd providing Services to the Consumer. For example, if the Consumer believes the Services may pose a danger to them, they must immediately advise the attending personnel of their concerns.
Equipment
(a) If you are assessed as requiring aids and equipment, you can use your Package Funds to purchase, hire, maintain and/or repair these items provided you have sufficient funds and it is otherwise permitted by the Aged Care Act.
(b) If your Care Plan requires supporting equipment, Living Well Care Support Pty Ltd can seek to procure that equipment to assist you which may require assessments to be undertaken by others, such as occupational therapists, who may rely upon information you provide. We will not verify the assessments they make or the information you provide and you must comply with the terms upon which a third party provides equipment.
(c) Assessments you receive may require equipment to be of a specific type or specification, based on your identified needs. This may mean that equipment that looks similar may not reflect the assessments you have obtained or meet the requirements for payment from your Package Funds. On selecting equipment, you are responsible for ensuring it meets your initial and ongoing requirements. This may mean that you need to have the suitability of equipment reassessed.
(d) You use equipment at your own risk. Accordingly, it is important you seek advice and guidance on the use of equipment. This may include trialing and reviewing equipment with your occupational therapist to ensure equipment is suitable, can be correctly used and does not present a significant risk to you. If you seek our assistance with the use of equipment, additional fees may apply.
(e) You must maintain any equipment you purchase. You must also enforce any rights you have against the supplier or manufacturer should the equipment be faulty or defective.
(f) If the equipment is damaged (other than by attending personnel), you are responsible for the repair costs and/or replacement of the equipment.
(g) If the Service Provide decides that you no longer need any equipment that we have supplied for hire or loan, you must promptly make the equipment available for collection or return.
(h) Once the provision of Services stops, you must promptly make any equipment Living Well Care Support Pty Ltd has provided available for collection or return (unless you have paid for the equipment in full). If you fail to do so, you must pay Living Well Care Support Pty Ltd the costs of replacing the equipment.
Emergencies
(a) Living Well Care Support Pty Ltd are not a medical service provider. If Living Well Care Support Pty Ltds personnel are present in the event of a medical emergency or incident, ambulance support will be sought. The Consumer will be responsible for the costs of the ambulance and any medical treatment you are provided with.
(b) If the Consumer requires urgent care, please contact your general practitioner or dial 000.
Prescribed Rights and Obligations
(a) You have rights and responsibilities at law, including under the Charter.
(b) The Services we provide must comply with the Aged Care Act including the Quality Standards which are set out in the Quality of Care Principles 2014.
Providing a Safe Environment
(a) You must assist us to ensure that our personnel can work in a safe environment, as per Work Health and Safety Act 2011. For example, you must:
a. ensure your home is safe to enter and free of hazards;
b. ensure there is unobstructed access and adequate space for our personnel to work in;
c. not ask our personnel to engage in hazardous manual tasks;
d. ensure equipment in your home is safe and well maintained and use equipment we provide to assist our personnel, such as lifting equipment;
e. treat our personnel with dignity and respect;
f. not abuse, bully or harass our personnel or discriminate against them; and
g. co-operate with our personnel.
h. ensuring you provide a smoke-free workplace;
(b) You must assist us to ensure that we can provide a safe working environment by way of taking steps to ensure that your relatives, friends and visitors are aware of and comply with our expectations of you.
Infection control
(a) You must provide us with any information we reasonably require about your immunisation history.
(b) You must:
i. immediately let us know if you are suffering an infection that may put others at risk;
ii. let us know if you have been in contact with others who are suffering an infection that may put you or others at risk;
iii. let us know if you have been advised to take particular precautions in relation to your health or the health of others, including any requirement for you to limit or manage your contact with others in a particular way; and
iv. follow any reasonable procedures we outline in connection with infection control
Privacy
(a) Living Well Care Support Pty Ltd guarantee that we will take all reasonable steps to protect the confidentiality of the Consumers Personal Information as far as legally permissible in accordance with Privacy Laws.
(b) Your Personal Information will be used by us for the purposes of providing or procuring Services, as well as to enable internal administration, training, assessments, reviews and investigations into and notification of complaints, serious incidents and reportable events and any other use permitted by law. We may need to disclose Personal Information to third parties who are concerned with providing or procuring Services, including contractors. We may also disclose information to other third parties, including health professionals, advisors and regulatory authorities. When we disclose Personal Information to third parties, we will seek to ensure it is handled appropriately.
(c) We may need to request or access personal information about you from third parties to allow services to be provided to you, including your family, carers, representatives, general practitioner, medical specialists, allied health providers and others involved in your care. You authorise us to request and access such information.
(d) If you fail to provide us with the Personal Information we ask for, this may affect the fees and charges you are required to pay under this Agreement and the Services we provide.
(e) You agree that we may consult with your nominated representative and emergency contact person as set out in the Agreement Details or as otherwise advised to us and that these individuals may speak on your behalf. On request, you must provide us with evidence of the authority your Representative has to deal with or manage your affairs (or they must do so on your behalf).
(f) Personal Information is managed in accordance with our privacy policy and we may provide you with other policies concerning our handling of Personal Information which should be read in conjunction with this Agreement.
(g) You must contact us if you would like to see any of your Personal Information or if you have questions or complaints about the handling of your Personal Information.
(h) You may make a complaint about our handling of your Personal Information to the Office of the Australian Information Commissioner.
Indemnity and Limitation of Liability
(a) Living Well Care Support Pty Ltd is not liable for and you must indemnify, keep indemnified and hold us harmless from and against any liability, claims, damages or expenses of any kind arising directly or indirectly in connection with:
i. Services being provided to you by a third party;
ii. any services provided to you after your Home Care Package is transferred to another provider;
iii. the suspension of your Services or the termination of your Home Care Package at your request;
iv. informal services provided to you by your family, neighbours or friends; and/or
v. your failure to comply with this Agreement.
(b) Except to the extent you are entitled to the benefit of one or more of the Consumer Guarantees, we do not provide any guarantees or warranties regarding the suitability, fitness or timing of the Services provided under or in connection with this Agreement. To the extent permitted by law, our liability for a breach of a Consumer Guarantee and any other claim you may have under or in connection with this Agreement concerning inadequate or unsuitable Services is limited to (at our option):
i. supplying the Service or Service(s) the subject of the claim again; or
ii. paying the cost of having the Service or Service(s) the subject of the claim supplied again.
Disclaimer: This document is accurate to the date of publication. However, as it is written in an “easy-to-read” format, it cannot be guaranteed that every single statement is without flaw of any kind.