Terms of Service

1. Parties and Scope of Agreement

This agreement applies to all supports and services provided by Lumin Care Services to NDIS participants. A separate written Schedule of Supports will detail the specific services, hours, locations, and rates applicable to your individual NDIS plan.

2. Our NDIS Obligations

As a registered NDIS provider, we are bound by the NDIS Practice Standardsand the NDIS Code of Conduct. We commit to:

• Act with respect for your individual rights to freedom of expression, self-determination, and decision-making
• Respect your privacy
• Provide supports and services in a safe and competent manner with care and skill
• Act with integrity, honesty, and transparency
• Promptly take steps to raise and act on concerns about matters that might have an impact on the quality and safety of supports
• Take all reasonable steps to prevent and respond to all forms of violence, exploitation, neglect, and abuse
• Take all reasonable steps to prevent sexual misconduct

3. Your Rights as an NDIS Participant

Under the NDIS Act and Practice Standards, you have the right to:

• Be treated with dignity and respect
• Make decisions about your own life and supports
• Have a support person, advocate, or interpreter present
• Access your NDIS Participant Statement of Rights
• Make a complaint without fear of retribution
• Receive services free from discrimination, abuse, neglect, exploitation, and violence
• Withdraw from this agreement with notice (see Section 9)

4. Pricing and Payments

All supports are charged in accordance with the current NDIS Pricing Arrangements and Price Limits published by the NDIA. Current price limits are available at ndis.gov.au.

• Prices may change in line with NDIS Price Guide updates. We will give you reasonable notice of changes.
• For Agency-managed plans, we claim payment directly from the NDIA
• For plan-managed participants, we invoice your Plan Manager
• For self-managed participants, we invoice you directly
• Out-of-pocket expenses (e.g., transport fares, activity entry fees) will only be charged if agreed in advance in writing

Australian Consumer Law: Our services come with consumer guarantees under the Competition and Consumer Act 2010 that cannot be excluded. Nothing in this agreement limits or excludes those guarantees.

5. Responsibilities

Our Responsibilities

• Provide the agreed supports in a safe and competent manner
• Treat you with courtesy, dignity, and respect
• Consult you about how your supports are delivered
• Give you information on how to make a complaint
• Protect your privacy in accordance with our Privacy Policy and the Privacy Act 1988 (Cth)
• Ensure our workers meet their NDIS worker screening obligations
• Give you at least 5 business days' notice of any changes to agreed supports

Your Responsibilities

• Treat our staff with courtesy and respect
• Inform us of any changes to your NDIS plan, funding, or personal circumstances
• Advise us immediately if your NDIS plan is suspended or replaced
• Give adequate notice of cancellations (see Section 6)
• Ensure a safe environment for support workers providing in-home support

6. Cancellations (NDIS Short Notice Cancellation Policy)

The NDIS Pricing Arrangements include rules about cancellations. Our cancellation policy complies with these rules:

• Short notice cancellation: Less than 2 clear business days' notice for supports up to 8 hours, or less than 5 business days' notice for supports over 8 hours
• If you cancel with short notice more than the allowable number of times set by the NDIS, we may charge the applicable short notice cancellation rate (up to 100% of the agreed support price)
• We will always discuss cancellations with you and aim to reschedule where possible

7. Incident Management and Reportable Incidents

We have an incident management system meeting the requirements of the NDIS Practice Standards. Reportable incidents (including unexpected death, serious injury, abuse, neglect, or unlawful sexual or physical contact) will be reported to the NDIS Quality and Safeguards Commission within the required timeframes. We will also notify you or your representative after a reportable incident.

8. Worker Screening

All our workers undergo the required NDIS Worker Screening Checksbefore providing supports to participants. We comply with State and Territory worker screening laws applicable in each jurisdiction where we deliver services (VIC, NSW, ACT, NT, TAS).

9. Ending This Agreement

Either party may end this agreement by giving 14 days' written notice(or shorter by mutual agreement). In cases of immediate safety risk, we may end the agreement immediately.

On ending this agreement, we will assist you to find alternative providers where possible, and provide a summary of the supports delivered to you.

10. Feedback and Complaints

You have the right to make a complaint at any time without fear of retribution or impact on your services. We will handle all complaints fairly, promptly, and confidentially.

See our Feedback & Complaints page for full details. You may also contact external bodies:

• NDIS Quality and Safeguards Commission — ndiscommission.gov.au | 1800 035 544
• Australian Human Rights Commission — humanrights.gov.au | 1300 656 419
• Australian Competition and Consumer Commission (ACCC) — for consumer rights: accc.gov.au

11. Governing Law

This agreement is governed by the laws of the State of Victoria and the Commonwealth of Australia. Any disputes will be subject to the jurisdiction of Victorian courts, unless otherwise agreed.

12. Intellectual Property and Copyright

All content on this website including text, images, logos, and design is owned by or licenced to Lumin Care Services Pty Ltd and is protected under the Copyright Act 1968 (Cth). You may not reproduce, distribute, or use our content without written permission, except as permitted by law (e.g., fair dealing for research or criticism).

13. Limitation of Liability

To the extent permitted by Australian Consumer Law, our liability for defective services is limited to re-supplying the services or paying the cost of having them re-supplied. We do not limit liability for personal injury or death caused by negligence, or for any liability that cannot be excluded by law.