B2B Service Agreement

Parties to this Agreement

Subcontractor (TrustCare):
Trust Care Nursing Services and Consulting Pty Ltd (ABN: 18 809 341 867), trading as TrustCare Support
Perth, Western Australia
📧 admin@trustcaresupport.com.au | ✉️ info@trustcaresupport.com.au

Principal (Registered NDIS Provider):
The registered NDIS provider engaging TrustCare (details confirmed in the individual signed agreement).

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Recitals

1. TrustCare is an AHPRA-registered Registered Nurse service. TrustCare is not an NDIS registered provider.
2. The Principal is a registered NDIS provider holding registration with the NDIS Quality and Safeguards Commission.
3. The Principal wishes to engage TrustCare to deliver specified clinical nursing supports on its behalf to participants within the Principal's care.
4. The parties acknowledge that the Principal retains full regulatory accountability to the NDIS Commission for all supports delivered under its NDIS registration, including those delivered by TrustCare as subcontractor. The Principal cannot transfer or delegate its NDIS registration obligations to TrustCare by virtue of this agreement.
5. TrustCare agrees to deliver services in a manner consistent with the Principal's NDIS Practice Standards obligations and in compliance with the NDIS Code of Conduct.

1. Scope of Nursing Services

TrustCare will provide clinical nursing services as specified in each referral and agreed in writing between the parties. Services may include any or all of the following:

• Shift gap filling — providing registered nurse coverage for scheduled clinical nursing shifts where the Principal has a staffing gap
• Complex wound assessment and management
• Urinary catheter care (indwelling, suprapubic, and external catheter management)
• Continence assessments and clinical care planning
• Enteral feeding management (PEG and PEJ, including device checks and feed administration)
• Tracheostomy care and airway management support
• Subcutaneous medication administration (including insulin injections)
• Medication management, administration, and chart review
• Complex bowel care (including digital bowel care procedures)
• Epilepsy and seizure management planning and clinical support
• Diabetes monitoring and management
• Dysphagia and mealtime management clinical support
• Ventilator and respiratory monitoring support
• High-Intensity Daily Personal Activities (HIDPA) — RN delegation, training, and competency assessment for support workers
• Clinical assessments, nursing care plan development, and review
• Clinical governance consulting and NDIS compliance support

The specific services, participants, locations, frequency, and rates for each engagement are confirmed in a written referral or service schedule forming part of this agreement.

2. Clinical Responsibilities — TrustCare

TrustCare will:

• Deliver all nursing services through an AHPRA-registered Registered Nurse, within the defined scope of RN practice under the NMBA Registered Nurse Standards for Practice (2016)
• Comply with the NDIS Code of Conduct in all interactions with participants, their families, and the Principal's staff
• Maintain current AHPRA registration and provide evidence to the Principal upon request
• Maintain a current NDIS Worker Screening Clearance (WA Department of Communities) and provide evidence to the Principal upon request and notify the Principal immediately if clearance status changes
• Provide a written clinical service report to the Principal within 48 hours of each nursing visit, documenting observations, interventions, outcomes, and any clinical escalation required
• Notify the Principal of any incident, near miss, or change in participant clinical condition within the same business day of becoming aware of it (see Section 7 — Incident Reporting)
• Maintain clinical documentation standards consistent with AHPRA and NMBA requirements
• Communicate openly and promptly with the participant's treating GP, allied health team, and the Principal's care coordinator
• Maintain current professional indemnity insurance (minimum $10 million per claim) and public liability insurance (minimum $20 million per occurrence), providing certificates to the Principal on request
• Not subcontract any services under this agreement to a third party without the Principal's prior written consent

3. Clinical Responsibilities — Registered Provider (Principal)

The Principal will:

• Provide TrustCare with accurate, complete, and up-to-date clinical information about each participant prior to service commencement, including current care plan, medication chart, known allergies, clinical history relevant to the nursing task, and emergency contact details
• Obtain and document the participant's (or their authorised representative's) informed consent to TrustCare delivering nursing services prior to the first visit
• Ensure a safe work environment at the service delivery location, consistent with WHS obligations under the Work Health and Safety Act 2020 (WA)
• Retain full accountability to the NDIS Quality and Safeguards Commission for all services delivered under the Principal's NDIS registration, including those delivered by TrustCare
• Verify and maintain written records confirming TrustCare nurses' NDIS Worker Screening Clearance prior to and during service delivery
• Operate and maintain its own incident management system and make all required notifications to the NDIS Commission following incident notification by TrustCare
• Include TrustCare-delivered services within the scope of its own complaints management system
• Provide TrustCare with the relevant NDIS support item numbers, registration group, and participant plan details required to correctly price and deliver services
• Pay all valid invoices from TrustCare within the agreed payment terms

4. Fees, Pricing and Invoicing

TrustCare's fees are aligned with the NDIS Pricing Arrangements and Price Limits published by the NDIA. Specific rates, support item numbers, and billing arrangements are confirmed in each service schedule or referral.

• Standard billing unit: Per hour or per session as agreed
• Travel: Travel costs may apply for in-home service delivery and will be agreed in advance consistent with NDIS Pricing Arrangements
• Shift gap filling: Where TrustCare fills an unplanned nursing shift, the agreed casual rate applies. Minimum engagement periods apply as specified in the service schedule
• Invoices are issued to the Principal (or their nominated plan manager) at the conclusion of each service period (weekly or fortnightly as agreed)
• Payment terms: 14 days from invoice date unless otherwise agreed in writing
• Late payment: Invoices unpaid after 21 days may attract interest at the rate of 2% per annum above the RBA cash rate

TrustCare will not charge the Principal at rates exceeding applicable NDIS Price Limits for the relevant support items.

5. Cancellation Policy

TrustCare's cancellation policy is consistent with NDIS Pricing Arrangements short-notice cancellation provisions.

Short-notice cancellation (by Principal):

• A cancellation is short notice if TrustCare is notified less than 2 clear business days before the scheduled appointment or shift
• For short-notice cancellations, TrustCare may charge up to 100% of the agreed support fee for that session, consistent with NDIS Pricing Arrangements
• Cancellations due to a genuine medical emergency affecting the participant will be considered on a case-by-case basis

Adequate-notice cancellation (by Principal):

• Cancellations with more than 2 clear business days' notice — no cancellation fee applies

Cancellation by TrustCare:

• TrustCare will provide as much advance notice as possible of any cancellation on our part
• Where TrustCare cancels within 2 business days of a scheduled shift due to circumstances within our control, no charge will be made for that session
• TrustCare will take all reasonable steps to identify a suitable replacement RN or reschedule the service

6. NDIS Code of Conduct Compliance

TrustCare and all TrustCare nurses delivering services under this agreement acknowledge that the NDIS Code of Conduct applies to them as NDIS workers, regardless of employment type. The Code's seven obligations apply to all interactions with participants:

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

The Principal must take all reasonable steps to ensure that TrustCare and its nurses comply with the Code. TrustCare commits to full compliance and will report any potential Code breach by its own workers to the Principal immediately.

7. Incident Reporting Obligations

The parties acknowledge that statutory incident reporting obligations under the NDIS (Incident Management and Reportable Incidents) Rules 2018 rest with the Principal as the registered NDIS provider. TrustCare as an unregistered subcontractor does not report directly to the Commission, but supports the Principal's reporting obligations as follows:

TrustCare's obligations:

• Notify the Principal of any incident (including a near miss or potential reportable incident) involving a participant within the same business day of becoming aware of it
• For incidents involving death, serious injury, or abuse/neglect — notify the Principal immediately by phone and follow up in writing within 2 hours
• Provide a written incident report to the Principal including: date, time, location, description of the incident, parties involved, immediate response taken, and any clinical escalation
• Cooperate fully with the Principal's incident investigation and any subsequent NDIS Commission investigation
• Maintain an internal incident register consistent with good clinical governance practice

Principal's obligations (retained statutory duties):

• Report to the NDIS Commission within 24 hours of becoming aware of a death, serious injury, abuse or neglect, unlawful sexual/physical contact, or sexual misconduct involving a participant
• Report an unauthorised restrictive practice to the Commission within 5 business days (or 24 hours if serious injury or trauma resulted)
• Submit a follow-up report within 5 business days of becoming aware for all reportable incidents

8. Worker Screening

TrustCare acknowledges that, where nurses are delivering risk-assessed services under the Principal's NDIS registration, those nurses are subject to the NDIS worker screening requirements that apply to risk-assessed roles under registered providers.

• TrustCare will ensure all nurses delivering services under this agreement hold a current NDIS Worker Screening Clearance issued by the WA Department of Communities (or equivalent interstate authority for services delivered interstate)
• TrustCare will provide evidence of each nurse's clearance to the Principal before the nurse commences service delivery and on request at any time
• TrustCare will notify the Principal immediately if any nurse's clearance status changes (e.g. clearance revoked, suspended, or expired)
• A nurse who has applied for a clearance and whose application is pending may work in a risk-assessed role only if appropriately supervised by a nurse who holds a current clearance, consistent with WA "work on application" arrangements. TrustCare will notify the Principal of any nurse working under this arrangement.
• TrustCare acknowledges that AHPRA registration does not substitute for NDIS Worker Screening in Western Australia

The Principal retains responsibility for verifying and recording TrustCare nurses' clearance status as part of its own worker screening governance obligations. See our Worker Screening Compliance Statement for full details.

9. Privacy and Confidentiality

Both parties will handle participant personal and health information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Health information will only be used or disclosed for the purpose of delivering the agreed nursing services or as required by law.

TrustCare will not disclose participant information to any third party without the prior written consent of the Principal and (where required) the participant or their authorised representative, except where required by law or to prevent serious and imminent risk.

See TrustCare's full Privacy Policy for further detail.

10. Conflict of Interest

TrustCare will promptly disclose to the Principal any actual, potential, or perceived conflict of interest that arises in connection with the services under this agreement. TrustCare will take all reasonable steps to manage any disclosed conflict in a transparent and ethical manner consistent with the NDIS Code of Conduct.

11. Variation and Termination

Variation: This agreement may be varied at any time by written agreement between both parties.

Termination by either party: Either party may terminate this agreement by giving 14 days' written notice. TrustCare will continue to provide agreed services during the notice period unless a safety concern makes this impractical. Both parties commit to supporting continuity of care during any notice period.

Immediate termination: Either party may terminate this agreement immediately by written notice if the other party:

• Commits a material breach of this agreement that is not remedied within 5 business days of written notice
• Breaches the NDIS Code of Conduct in a manner that poses a risk to participant safety
• Becomes insolvent, enters administration, or ceases to carry on business
• Loses NDIS registration (Principal) or AHPRA registration (TrustCare)
• Has an NDIS Worker Screening Clearance revoked for a key worker (TrustCare)

On termination, TrustCare will cooperate with the transfer of clinical records and participant care to the Principal or a replacement provider to minimise disruption to participants.

12. Governing Law

This agreement is governed by the laws of Western Australia and the Commonwealth of Australia. Any disputes will be subject to the jurisdiction of courts located in Western Australia. Both parties agree to attempt to resolve any dispute through good-faith negotiation before commencing formal legal proceedings.

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