NDIS Employment Legal Services

Do you need an NDIS Lawyer to make sure you are risk free?

Get help interpreting and applying the SCHADS Award

NDIS Providers have employer obligations under the Social, Community, Home Care and Disability Service (SCHADS) Award and are required to pay staff at least the minimum entitlements.

When changes are made to these awards, you must update your pay rates, and payroll systems to prevent the risk of a breach.  

Underpaying Staff can result in penalties and back-pay.

Did you know? When wages are increased, allowances also need to be increased accordingly. When the SCHADS Award increased this year, did you increase allowances?

Failing to pay the correct allowances is a form of underpayment. The penalties and back-pay liabilities for underpaying staff have never been higher, even if the infringement is an honest mistake.  

Have you accounted for the 2023 changes to Fair Work Legislation? These include:

• Award increases
• Agreements made before 2010 when the Fair Work Act came in (“zombie agreements” ) will automatically end in December 2023
• Under certain circumstances, a worker on unpaid parental leave can extend their leave for up to 12 months
• Since June 2023, a worker can request flexible working arrangements if pregnant or experiencing family and domestic violence

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Valid Service Agreements 

As an NDIS Service Provider, it’s important to ensure your Service Agreement complies with your legal responsibilities as they relate to the delivery of your NDIS services, covering yourself, the carers, and the participants.

LegalVision help NDIS service providers with a range of legal matters. They have experience in all commercial law areas, including:

• reviewing, drafting and negotiating NDIS contracts and service agreements;
• resolving disputes;
• regulatory matters;
• the Australian Consumer Law;
• taxation laws;
• privacy laws, including the Privacy Act 1988 (Cth); and
• reporting obligations.

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Valid Employee Contracts

Many NDIS Service Providers are using Contractors to deliver services under the NDIS - or so they think.

Do you know for sure your staff are deemed to be Contractors? The tax and superannuation obligations differ between employees and contractors - you don't want to be in hot water with the tax office!

The employment contract you need for an employee vs a contractor is different.

LegalVision help NDIS service providers with a range of employee and contractor matters. They have experience in all employment law areas, including:

• reviewing, drafting and negotiating NDIS employment contracts and Contractor agreements;
• resolving disputes;
• Work Health and Safety Act 2011 (Cth) and Work Health and Safety Regulations 2011 (Cth);
• employment law

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NDIS Legal Obligations and Compliance

Providers who deliver supports and services under the NDIS must operate and comply with relevant Australian laws, rules and regulations or risk being reported to the NDIS Commission and losing their registration.

They must act in accordance with:

• Australian Consumer Law
• Comply with the National Disability Insurance Scheme Act 2013 (Cth)
• Comply with the NDIS Rules and the Code of Conduct
• Comply with specific State and Territory disability laws

This applies to both Registered and Unregistered NDIS Providers who receive NDIS funding.

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Take advantage of a complimentary NDIS legal health check

LegalVision's specialist NDIS team has advised hundreds of NDIS service providers and is offering all MyCareSpace clients, a complimentary legal health check by a LegalVision lawyer.

This legal health checklist will help you to identify areas in your business that may need further protection or assistance to ensure that you are legally compliant.

They will:

• Identify if you have gaps in your business' legal protection,

• Check your workers are correctly classified as employees or contractors, have current contracts in place, and are being paid the correct amount,

• Check whether your business is compliant with NDIS privacy legislation related to the collection, use, holding and disclosure of personal information,

• Provide you with recommended next steps.

Are you protected? Get a free legal health check