Terms and Conditions

1. Purpose

This document is made for the purpose of providing the standards for which the therapeutic arts services of Creative Spirit Arts therapy, under the umbrella for ANZACATA. (Australian, New Zealand and Asian Creative Arts Therapists Association) will operate.

Creative Spirit Arts therapy will enable people to exercise choice and control in the pursuit of their goals and the planning and delivery of their supports.

2. Service

The service provided by Creative Spirit Arts Therapy is Arts therapy for individuals and groups.

3. Fees

  • The prices for the Services are as per the NDIS guidelines or as otherwise agreed to by participants.
  • The method for payment of the Fees is bank transfer or cash via NDIS plan manager or directly with client.
  • Payment for services must be made within 14 days of invoice date.
  • The Service Provider can make a request for payment of the Fees either before or once the relevant Services have been delivered or provided to the Participant.
  • The Services do not attract Goods and Services tax.

4. Rights and responsibilities

4.1 Rights and responsibilities of the Participant

The Participant agrees to:

  • inform the Service Provider about how they wish the Services to be delivered to meet their needs;
  • talk to the Service Provider if they have any concerns about the Services being provided;
  • give the Service Provider the required amount of notice (24 hours) if they cannot make a scheduled appointment; and if the notice is not
    provided by then, the client will be charged the full fee.
  • treat the Service Provider, its staff and other clients of the Service Provider with courtesy and respect and ensure that their representatives, family members and support persons do the same;
  • notify the Service Provider if the Participant appoints a new Nominee or Plan Management Provider, to act on their behalf under this Agreement;
  • inform the Service Provider of any changes in their personal life that may impact upon the Services, such as where the Participant lives and any relevant changes in medication;
  • let the Service Provider know immediately if the Participant’s NDIS Plan is suspended or replaced by a new NDIS Plan or the Participant
    stops being a participant in the NDIS. Advise the Service Provider if the participant wishes to cease
  • engagement with the service.

4.2 Responsibilities of Service Provider

The Service Provider agrees to:

  • ensure that it, and all persons employed or otherwise engaged by the Service Provider, will comply with the ANZACATA and NDIS Codes of Conduct in the provision of the Services;
  • Regularly review the provision of Services with the Participant and, as applicable, the Participant’s representative;
  • Deliver the Services agreed to with each Participant that meet the Participant’s needs at the Participant’s preferred times;
  • communicate openly and honestly in a timely manner;
  • treat the Participant with courtesy and respect;
  • consult the Participant on decisions about how Services are provided;
  • give the Participant information about managing any complaints or disagreements and details of the Service Provider’s cancellation policy (if any);
  • listen to the Participant’s feedback and resolve problems quickly;
  • give the Participant the required notice (14 days) if the Service Provider needs to end the Service
  • protect the Participant’s privacy and confidential information in accordance with all applicable laws, including (but not limited to) the Privacy Act 1988 (Cth);
  • provide Services in a manner consistent with all applicable laws, including, NDIS Act, the National Disability Insurance Scheme Rules and the Competition and Consumer Act 2010 (Cth); and
  • issue regular invoices and statements for the Services delivered to the Participant.

5. Changes to this Service

If changes to the Services or their delivery (including the Fees) or this Service Agreement are required, the Parties agree to discuss and review.

Ending this Service

  • Should either the Participant or the Service Provider wish to end this Service they must give the other party at least 14 days notice or such longer period as is adequate to enable the Participant, their nominee or the NDIA to nominate an alternative provider to deliver the Services.
  • If either Party seriously breaches the terms, the requirement of notice will be waived.

6. Complaints and Disputes

The Participant has a right to provide feedback about the Services they receive, make suggestions, have grievances heard and considered and commend good performance.

  • If the Participant wishes to give the Service Provider feedback or is not happy with the provision of Services and wishes to make a complaint, the Participant can contact the Service Provider via email (creativespiritartstherapy@gmail.com) or phone (0415 809 892)
  • If the Participant is not satisfied with the response received to their complaint, or does not want to talk with the person listed above, the Participant can contact the National Disability Insurance Agency on 1800 800 110 or www.ndis.gov.au or ANZACATA on 0480 211 092 or via the ANZACATA website.

7. Co-operation with reviews and audits

  • The Service Provider has a legal obligation to participate in government-initiated reviews and audits.
  • The Participant and their representative (if necessary) agree to cooperate to the extent reasonably necessary, in any matters related to government reviews and or audits of the Service Provider.
  • The Service Provider will explain the relevance of the governmentinitiated review and / or audit to the Participant before seeking the Participant’s co-operation.

8. Agreement to terms and conditions

  • By engaging in the service, the Participant agrees that the terms and conditions have been read, understood, and will abide by the terms and conditions.
  • If these terms and conditions have been read by a parent, legal guardian, power of attorney, representative or other person on behalf of the Participant, such person agrees that they:

a. have authority to agree on behalf of the Participant and bind the Participant to the terms of this agreement;

b. have taken steps to ensure that the Services to be provided under this agreement are in accordance with the Participant’s
goals and objectives or NDIS Plan, and

c. will ensure the Participant exercises their rights and meets their responsibilities.

9. Confidentiality

  • The Service provider will protect and maintain confidentiality at all times. Case notes will be stored in protected files, that can only be accessed by the Provider. Any art works or materials created in the session may be photographed with the Participants permission and treated as case notes.
  • If information needs to be shared (eg another health professional), The Service provider will gain consent from the Participant before it
    may occur.
  • The Service provider may need to share information only if:

– there are concerns about the Participant being at risk to themselves or others.
– a court subpoenas the files

If any of these situations arise the Service provider will discuss it with the Participant and advise of the due process.

10. Cancellation Policy

  • The Participant must provide 24 hours notice to the Service provider if they want to cancel the session. Failure to do so will result in the full fee being charged.