1. Definitions

     •“Provider” means Care Time In Home Services, its employees, contractors, and representatives

     •“Client” means the individual receiving services or their authorised representative.

     •“Services” means the in-home care, disability support, nursing, respite, cleaning, and gardening services provided by the Provider.

     •“Agreement” means the contract between the Provider and Client, incorporating these Terms & Conditions.

     •“SAHP” means the Support at Home Program, including associated funds and entitlements.

 

2. Scope of Services

2.1 The Provider agrees to deliver Services in accordance with the Client’s personalised Care Plan.

2.2 Services will be delivered by qualified staff in compliance with the Aged Care Act 2024, SCHADS Award, and NDIS Practice Standards.

2.3 The Provider reserves the right to subcontract Services to approved third-party providers where appropriate.

 

3. Fees and Charges

3.1 Care Management Fee: 20% of SAHP funds, as per published schedule.

3.2 Package Management Fee: 15% of SAHP funds, covering administration, compliance, and fund management.

3.3 Service Fees: Charged at published rates (e.g., Personal Care $80 weekdays, $150 weekends, $170 public holidays).

3.4 No Hidden Charges: No basic daily fees, start-up fees, staff travel, add-on costs, extra charges, or exit fees.

3.5 Government Income Tested Fee: May apply separately and cannot be paid from SAHP funds.

 

4. Payment Terms

4.1 Invoices are issued fortnightly and payable within fourteen (14) days of issue.

4.2 Payments may be made via EFT, direct debit, or credit card.

4.3 Late payments may incur an administration fee of $90 and/or interest at 10.7% per month.4.4 Services may be suspended if accounts remain unpaid after twenty-one (21) days, subject to written notice.

4.5 The Client is liable for reasonable debt recovery costs in the event of non-payment.

 

5. Cancellations and No-Shows

5.1 Client cancellations:

     •More than 48 hours’ notice → no charge.

     •24–48 hours’ notice → 50% of scheduled fee.

     •Less than 24 hours or no-show → full fee charged.

5.2 Provider cancellations: Services cancelled by the Provider will be rescheduled at no cost or refunded.5.3 Emergency exceptions: Hospitalisation or unforeseen medical emergencies may waive cancellation fees. 

 

6. Staff Entitlements

6.1 In accordance with the SCHADS Award, staff rostered for cancelled shifts within seven (7) days are entitled to minimum engagement hours.

6.2 Public holiday and weekend rates apply as per the published schedule.

 

7. Client Rights and Responsibilities

7.1 Clients have the right to dignity, respect, safety, and culturally appropriate care under the Aged Care Act 2024.

7.2 Clients must provide a safe environment for staff and notify the Provider promptly of any changes in circumstances.

7.3 The Provider will advocate for Client rights, assist with referrals, and maintain transparent communication.

 

8. Provider Obligations

8.1 The Provider will comply with all applicable laws, including the Aged Care Act 2024, Fair Work Act 2009, and NDIS Practice Standards.

8.2 The Provider will maintain accurate records, issue monthly statements, and ensure transparent fund management.

8.3 The Provider will deliver Services with reasonable care, skill, and diligence.

 

9. Limitation of Liability

9.1 The Provider will deliver Services with reasonable care and skill but does not guarantee outcomes beyond the scope of agreed Care Plans.

9.2 The Provider is not liable for:

     •Accidents or injuries occurring due to unsafe home environments, hazards, or negligence by the Client, family members, or visitors.

     •Misconduct, abuse, or unlawful behaviour by the Client, family members, or third parties present during service delivery.

     •Loss, damage, or theft of property unless directly caused by proven negligence of the Provider’s staff.

9.3 Liability is limited to the value of Services provided in the preceding three (3) months.

9.4 Nothing in this Agreement excludes liability for negligence resulting in personal injury or death where such exclusion is prohibited by law.

 

10. Termination

10.1 Either party may terminate this Agreement with fourteen (14) days’ written notice.

10.2 The Provider may terminate immediately if:

     •The Client fails to pay fees within the required timeframe.

     •The Client breaches safety obligations.

     •Continuation of Services poses a risk to staff or the Client.

 

11. Dispute Resolution

11.1 Parties agree to attempt resolution through negotiation before pursuing formal complaints.

11.2 Complaints may be escalated to the Aged Care Quality and Safety Commission or relevant regulatory authority.

 

12. Governing Law

12.1 This Agreement is governed by the laws of Queensland, Australia.

12.2 Any disputes shall be subject to the jurisdiction of the courts of Queensland. 

 

13. Acknowledgement

13.1 By engaging Care Time In Home Services, the Client acknowledges and agrees to these Terms & Conditions, including payment schedules, cancellation policies, and compliance obligations.

 

14. Indemnity

14.1 The Client agrees to indemnify and hold harmless the Provider, its employees, contractors, and representatives against any claims, losses, damages, costs, or expenses arising from:

     •Accidents, injuries, or incidents occurring in the Client’s home or care environment, unless directly caused by the Provider’s proven negligence.

     •Misconduct, threats, or unsafe behaviour by the Client, family members, carers, or visitors.

     •Breach of these Terms & Conditions by the Client.

     •False, misleading, or incomplete information provided by the Client regarding health, safety, or care needs.

14.2 This indemnity extends to claims brought by third parties, including family members, visitors, or other service providers engaged by the Client.

14.3 The Client acknowledges responsibility for maintaining a safe environment for care delivery, including compliance with workplace health and safety obligations.

 

15. Insurance

15.1 The Provider maintains appropriate professional indemnity and public liability insurance in accordance with industry standards.

15.2 The Client is responsible for maintaining household insurance to cover risks associated with the care environment.

 

16. Force Majeure

16.1 The Provider is not liable for failure to perform Services due to events beyond its reasonable control, including natural disasters, pandemics, government restrictions, or emergencies.