1. Introduction & Acceptance
These Terms and Conditions (“Terms”) govern the provision of disability support services by Yafa Care, ABN: 63189833166 (“Yafa Care,” “we,” “us,” or “our”) to participants and their representatives (“you,” “your,” or “Participant”).
By engaging our services, completing our registration process, or signing a Service Agreement with Yafa Care, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
Your Rights
Nothing in these Terms and Conditions limits your rights under the NDIS Code of Conduct, NDIS Practice Standards, or Australian Consumer Law. These Terms are designed to complement, not replace, your rights as an NDIS participant.
2. Definitions
For the purposes of these Terms:
- Participant: The individual receiving disability support services under the NDIS, or their authorized representative, nominee, guardian, or family member acting on their behalf.
- Service Agreement: The individual written agreement between Yafa Care and the Participant outlining specific services, schedules, costs, and terms.
- Support Worker: Yafa Care staff members, including support workers, registered nurses, and other qualified personnel providing services to Participants.
- NDIS: The National Disability Insurance Scheme established under the National Disability Insurance Scheme Act 2013.
- NDIS Plan: The Participant’s approved plan with the National Disability Insurance Agency (NDIA) outlining funded supports and budget allocations.
- Complex Care: Specialized nursing and medical support services including but not limited to PEG feeding, catheter care, and wound management.
- 24/7 Support: Round-the-clock disability support services including overnight care, active night support, and emergency assistance.
3. Services Provided
Yafa Care provides NDIS-registered disability support services across the Sydney metropolitan area including, but not limited to:
3.1 Personal Care Services
- Aged care services
- Assistance with personal hygiene, grooming, and dressing
- Meal preparation and feeding assistance
- Medication prompting and administration (as qualified)
- Mobility assistance and transfers
- Domestic assistance and household tasks
3.2 Disability Support Services
3.3 Community Access and Social Support
- Safe transportation services
- Assistance attending community events and social activities
- Support accessing education and employment
- Recreation and leisure activity participation
3.4 24/7 and Overnight Support
- Active overnight assistance
- Sleep-over support
- Weekend and public holiday support
- Emergency response and crisis support
3.5 Respite Care
- Short-term and long-term respite
- In-home respite services
- Community-based respite activities
- Emergency respite arrangements
3.6 Service Limitations
Yafa Care does not provide the following services:
- Clinical medical services requiring specialist medical practitioners
- Unplanned or un-rostered support without reasonable notice (except genuine emergencies)
- Services outside our areas of expertise and staff qualification
- Services not funded or approved in your NDIS plan
- Home maintenance, repairs, or renovations
- Legal, financial, or tax advice
4. Service Agreements
4.1 Individual Service Agreements
Before services commence, Yafa Care will provide you with an Individual Service Agreement detailing:
- Specific services to be delivered
- Service delivery schedule and frequency
- Costs and payment arrangements
- Your rights and responsibilities
- Cancellation and change policies
- Complaint and feedback procedures
- Service commencement and review dates
4.2 Agreement Review
Service Agreements are reviewed at least annually, or more frequently if:
- Your NDIS plan is reviewed or changed
- Your needs or circumstances change significantly
- You request a review
- Services need to be adjusted
4.3 Changes to Service Agreements
Any changes to your Service Agreement must be agreed upon in writing by both parties. Yafa Care will provide at least 7 days notice of any changes we initiate, unless immediate changes are necessary for safety reasons.
5. Fees & Payment
5.1 Pricing
Yafa Care’s fees are aligned with the current NDIS Price Guide and Pricing Arrangements. Rates vary based on:
- Type of service provided
- Time of day (standard, evening, weekend, public holiday)
- Level of qualification required (support worker vs. registered nurse)
- Complexity of support needs
- Geographic location and travel requirements
5.2 Additional Charges
Additional charges may apply for:
- Travel time and distance (as per NDIS guidelines)
- Cancellations with insufficient notice (see Cancellation Policy)
- Specialized equipment or consumables not covered by NDIS
5.3 Payment Methods
Yafa Care accepts payment through:
- NDIA-Managed Plans: We claim directly from the NDIA
- Plan-Managed Plans: We invoice your plan manager
- Self-Managed Plans: We provide invoices for you to claim from NDIS or pay directly
5.4 Invoicing
Invoices are issued:
- Fortnightly for regular ongoing services
- Upon service completion for one-off services
- Within 7 days of service delivery
All invoices include detailed service descriptions, dates, times, and costs. Invoices must be paid within 30 days unless alternative arrangements are agreed in writing.
5.5 Fee Increases
Yafa Care reserves the right to increase fees in line with NDIS Price Guide updates. We will provide at least 30 days written notice of any fee increases.
6. Cancellation & Changes
6.1 Cancellation by Participant
Notice Requirements:
| Notice Period | Cancellation Fee |
|---|
| More than 7 days notice | No charge |
| 2-7 days notice | No charge |
| Less than 2 business days (48 hours) | Up to 100% of scheduled service cost |
| Day of service (same-day cancellation) | 100% of scheduled service cost |
No Cancellation Fee Circumstances
Yafa Care will not charge cancellation fees for cancellations due to:
- Medical emergencies or hospitalization
- Severe illness (with medical certificate if requested)
- Family bereavement
- Natural disasters or extreme weather events
- Other circumstances beyond your reasonable control
6.2 Changes to Scheduled Services
You may request changes to scheduled services with reasonable notice. We will accommodate changes where possible, subject to staff availability. Changes requested with less than 48 hours notice may incur rescheduling fees.
6.3 Cancellation by Yafa Care
Yafa Care may cancel or reschedule services due to:
- Staff illness or unexpected unavailability
- Safety concerns
- Severe weather or emergency situations
We will provide as much notice as possible and work with you to arrange alternative support. No fees are charged for Yafa Care initiated cancellations.
6.4 Repeated Cancellations
If you cancel services repeatedly without adequate notice, Yafa Care reserves the right to review your Service Agreement and may require adjusted booking arrangements or, in extreme cases, discontinue services with appropriate notice period.
7. Participant Rights & Responsibilities
7.1 Your Rights
As a Yafa Care participant, you have the right to:
- Be treated with dignity, respect, and courtesy at all times
- Make decisions about your own life and supports
- Privacy and confidentiality of your personal information
- Freedom from abuse, neglect, exploitation, or discrimination
- Choice and control over services provided
- Access your records and personal information
- Raise concerns and complaints without fear of retaliation
- Have your cultural, linguistic, and religious preferences respected
- Safe, high-quality services delivered by qualified staff
- Clear information about services, costs, and agreements
- End services at any time with appropriate notice
7.2 Your Responsibilities
Participants are expected to:
- Treat Yafa Care staff with respect and courtesy
- Provide accurate information about your needs, preferences, and medical conditions
- Maintain a safe environment for support workers
- Give reasonable notice for cancellations or changes
- Pay invoices within agreed timeframes
- Inform us promptly of changes to your circumstances, health, or NDIS plan
- Cooperate with reasonable requests from support workers
- Provide access to your property for scheduled services
- Ensure pets are secured during service delivery
- Not engage in behavior that threatens staff safety
⚠️ Unsafe Environments
Yafa Care staff have the right to refuse or discontinue service delivery if they reasonably believe their safety is at risk. This includes situations involving violence, threats, aggressive behavior, unsecured dangerous animals, hazardous property conditions, or substance abuse creating unsafe circumstances.
8. Quality & Safety
8.1 NDIS Registration & Compliance
Yafa Care is a registered NDIS provider compliant with:
- NDIS Practice Standards
- NDIS Code of Conduct
- NDIS Quality and Safeguards Commission requirements
- All relevant state and federal legislation
8.2 Staff Qualifications & Screening
All Yafa Care staff:
- Hold current NDIS Worker Screening Clearances
- Have relevant qualifications (Certificate III/IV in Individual Support, or nursing registration for clinical services)
- Complete mandatory training including disability awareness, manual handling, first aid, and infection control
- Receive regular supervision and professional development
- Undergo criminal history checks and reference verification
8.3 Quality Assurance
Yafa Care maintains quality through:
- Regular service reviews and participant feedback
- Continuous quality improvement processes
- Incident reporting and management systems
- Regular audits and compliance monitoring
- Staff performance reviews and training
8.4 Incident Management
Yafa Care has comprehensive incident management procedures for reporting and responding to incidents including injuries, medication errors, abuse or neglect allegations, and service delivery failures. All reportable incidents are reported to the NDIS Quality and Safeguards Commission as required.
9. Complaints & Feedback
9.1 Feedback Welcome
Yafa Care values feedback, both positive and negative. Your feedback helps us improve services and address concerns promptly.
9.2 How to Make a Complaint
You can make a complaint:
- Phone: +61 401 449 998
- Email: info@yafacare.com.au
- In writing: Yafa Care Complaints Officer, 16 Park Rd, Auburn NSW 2144, Australia
- In person: Speak directly with your support coordinator or service manager
9.3 Complaint Process
- Acknowledgment: We acknowledge complaints within 2 business days
- Investigation: We investigate thoroughly and impartially
- Response: We provide a written response within 21 days
- Resolution: We work with you to resolve concerns satisfactorily
9.4 External Complaint Options
You also have the right to make complaints to:
- NDIS Quality and Safeguards Commission: 1800 035 544 or ndiscommission.gov.au
- Disability Advocacy Services: Independent advocacy organisations can support you
- NSW Ombudsman: For serious concerns about services
No Retaliation: Yafa Care will never retaliate against participants who make complaints or provide feedback. Your service delivery will not be affected by raising concerns.
10. Privacy & Confidentiality
10.1 Privacy Commitment
Yafa Care is committed to protecting your privacy in accordance with the Privacy Act 1988 (Cth) and Australian Privacy Principles. Detailed information about how we collect, use, store, and disclose your personal information is available in our Privacy Policy.
10.2 Information We Collect
We collect information necessary to provide quality services including:
- Personal details (name, contact information, date of birth)
- NDIS plan information
- Health and medical information relevant to service delivery
- Support needs and preferences
- Cultural and linguistic requirements
- Emergency contact information
- Service delivery records and progress notes
10.3 Information Use
We use your information to:
- Provide and coordinate services
- Ensure staff safety and service quality
- Claim NDIS funding and process payments
- Comply with legal obligations
- Improve services and quality
10.4 Information Sharing
We only share your information:
- With your explicit consent
- As required by law or NDIS Quality and Safeguards Commission
- With healthcare providers involved in your care (with consent)
- In emergency situations to protect health and safety
10.5 Your Privacy Rights
You have the right to:
- Access your personal information
- Request corrections to inaccurate information
- Request deletion of information (subject to legal requirements)
- Complain about privacy breaches
- Withdraw consent for information sharing
11. Liability & Insurance
11.1 Insurance Coverage
Yafa Care maintains comprehensive insurance including:
- Professional indemnity insurance
- Public liability insurance
- Workers compensation insurance
Insurance certificates are available on request.
11.2 Limitation of Liability
To the extent permitted by law, Yafa Care’s liability is limited to:
- Re-supplying services
- Payment for the cost of having services re-supplied
Nothing in these Terms limits Yafa Care’s liability for: