Terms & Conditions

1 About these Terms & Conditions

These Terms & Conditions govern your use of the Silver Leaf Disability Services Pty Ltd website and your interactions with us through this website.

By accessing or using our Website, you agree to comply with these Terms & Conditions. If you do not agree with these Terms & Conditions, please do not use the Website.

These Terms & Conditions apply to use of the Website. If you receive disability support services from Silver Leaf, your individual Service Agreement and other applicable service documents will also apply.

2 About Silver Leaf Disability Services

Silver Leaf Disability Services Pty Ltd is an independent disability support provider based in Alice Springs, Northern Territory.

We provide person-centred disability support designed to promote independence, dignity, choice, control, community participation and achievement of individual goals.

Our services may include supports such as personal care, daily living assistance, community participation, community access and other disability support services that we are appropriately qualified, authorised and resourced to provide.

The availability and scope of services may vary depending on individual circumstances, participant needs, funding arrangements, worker availability, location and the terms of the applicable Service Agreement.

Nothing on this Website should be interpreted as a guarantee that a particular service will be available to a particular person.

3 NDIS services

Silver Leaf provides services to NDIS participants in accordance with applicable laws, NDIS requirements and our individual agreements with participants.

Information displayed on the Website is general information only and does not constitute an NDIS plan, funding decision, professional assessment, medical advice, legal advice or financial advice.

An individual's eligibility for NDIS funding, funding amount, plan management arrangements and approved supports are determined by the relevant NDIS processes and authorities and are not determined by Silver Leaf.

Where an NDIS participant engages Silver Leaf, the specific services, supports, fees, pricing arrangements, service locations, cancellation arrangements and other applicable conditions will be set out in the participant's Service Agreement or other relevant documentation.

Where there is any inconsistency between these Website Terms & Conditions and an individual Service Agreement, the Service Agreement will apply to the extent of that inconsistency.

4 Participant rights and person-centred support

Silver Leaf is committed to treating people with dignity, respect, fairness and compassion. We recognise the rights of people with disability to:

Access independent advocacy and support where appropriate.

We aim to provide supports that are person-centred and responsive to individual needs, preferences, goals, culture and circumstances. We will seek to communicate with participants in an accessible and understandable manner and will consider reasonable communication and accessibility requirements.

5 NDIS Code of Conduct

Silver Leaf Disability Services and its relevant workers are committed to complying with the applicable NDIS Code of Conduct and other requirements that apply to the services we provide. This includes commitments to:

• Respect individual rights and freedom of expression;
• Respect privacy;
• Provide supports and services safely and competently, with care and skill;
• Act with integrity, honesty and transparency;
• Promptly raise and respond to concerns affecting the quality or safety of supports;
• Take reasonable steps to prevent and respond to violence, abuse, neglect and exploitation;
• Take reasonable steps to prevent and respond to sexual misconduct; and
• Comply with applicable fair-pricing requirements.

The NDIS Code of Conduct applies to NDIS providers and workers as required by law, including applicable obligations for registered and unregistered providers.

6 Information on this Website

We endeavour to ensure that information published on the Website is accurate, current and useful. However, information may change from time to time, and we do not guarantee that every item of information will always be complete, current, accurate or suitable for your particular circumstances.

Website information should not be relied upon as a substitute for obtaining information directly from Silver Leaf or obtaining appropriate professional advice.

If you require clarification about our services, eligibility, pricing, availability or suitability, please contact us directly.

7 No medical, legal or financial advice

Information published on this Website is provided for general informational purposes. Unless expressly stated otherwise, the information does not constitute:

• Medical or clinical advice;
• Legal advice;
• Financial advice;
• Therapeutic advice;
• An individual assessment;
• A diagnosis; or
• A guarantee that a particular support or service is suitable for you.

You should obtain appropriate professional advice where necessary. If you have an urgent medical or safety concern, contact the appropriate emergency or health service rather than relying on information provided through this Website.

8 Enquiries and applications

You may use forms, email addresses, telephone numbers or other contact methods displayed on the Website to enquire about our services. Submitting an enquiry does not automatically create a client relationship, service agreement or entitlement to receive services.

Silver Leaf may need to obtain additional information before determining whether it can provide services. We may decline or delay the commencement of services where, for example:

• The requested service is outside our scope;
• Appropriate staffing or resources are unavailable;
• The requested support cannot safely be provided;
• Required information has not been provided;
• The participant's needs have changed;
• Funding or payment arrangements are not available;
• The requested service is not appropriately funded or authorised; or
• Another lawful reason applies.

Where services are declined or discontinued, we will seek to act consistently with applicable NDIS requirements and any applicable Service Agreement.

9 Service Agreements

Participants receiving services from Silver Leaf may be required to enter into a written Service Agreement. The Service Agreement may specify matters including:

The individual Service Agreement should be read carefully before services commence. Participants are encouraged to ask questions and seek assistance from a nominee, support person, advocate or independent adviser if they require help understanding an agreement.

10 Pricing and fees

Where applicable, Silver Leaf will provide information about the fees and charges applicable to the services being offered. NDIS pricing will be managed in accordance with applicable NDIS rules, pricing arrangements and other requirements that apply to the relevant service.

We are committed to transparent and fair pricing. We will not knowingly charge or represent that an NDIS participant should pay a higher price for the same or substantially the same goods or services without a reasonable justification where such requirements apply.

Prices, rates and applicable charges may depend on factors including:

• The type of support;
• The time and duration of the support;
• The location;
• The participant's individual circumstances;
• Applicable NDIS pricing arrangements;
• Travel or transport requirements;
• Agreed additional services; and
• Other legitimate costs associated with providing the service.

Any participant-specific pricing arrangements should be confirmed in the relevant Service Agreement or other written documentation.

11 Cancellation and changes to services

Cancellation and rescheduling arrangements for participant services will generally be set out in the applicable Service Agreement. Any cancellation fees or charges must comply with applicable laws, NDIS requirements and the terms of the participant's agreement. We will not rely on a cancellation provision that is unlawful or unfair.

Participants should provide as much notice as reasonably possible if they need to cancel or change an appointment.

Silver Leaf may also need to cancel, postpone or modify a service because of circumstances such as worker availability, illness, safety concerns, emergencies, severe weather, operational issues or other circumstances beyond our reasonable control. Where reasonably practicable, we will communicate changes to participants as soon as possible and consider appropriate alternatives.

12 Participant responsibilities

Participants and their representatives are expected to:

• Provide information reasonably required to deliver safe and appropriate supports;
• Inform Silver Leaf of relevant changes in circumstances or support needs;
• Treat Silver Leaf workers with dignity and respect;
• Communicate concerns as soon as reasonably possible;
• Provide reasonable access to agreed service locations;
• Follow reasonable safety requirements;
• Advise us of known risks that may affect service delivery;
• Maintain appropriate funding or payment arrangements where applicable; and
• Comply with reasonable terms of the applicable Service Agreement.

Nothing in this section removes or limits the rights of an NDIS participant.

13 Safety and service delivery

The safety and wellbeing of participants, workers and other people is a priority. We may take reasonable steps to manage identified risks associated with service delivery.

If a situation presents an unacceptable or immediate safety risk, Silver Leaf may suspend, modify or stop a particular service while appropriate steps are taken. Where appropriate, we will communicate with the participant, nominee, representative or other relevant person and seek to identify a safe and suitable way for services to continue.

Nothing in these Terms & Conditions limits any reporting, notification or other obligations imposed on Silver Leaf by law or by applicable NDIS requirements.

14 Complaints and feedback

Silver Leaf welcomes feedback and complaints. Participants have the right to raise concerns about the quality, safety or delivery of our services without being threatened, disadvantaged or retaliated against for making a genuine complaint.

Complaints may be made by:

• An NDIS participant;
• A participant's nominee or representative;
• A family member;
• A carer;
• An advocate;
• A worker; or
• Another person acting appropriately on behalf of a person affected by the matter.

Complaints may be made verbally or in writing. You can contact Silver Leaf using:

We will seek to handle complaints fairly, respectfully, promptly and in accordance with our complaints management processes and applicable NDIS requirements. Where appropriate, we may involve the person making the complaint and the affected participant in the resolution process. Participants may also seek assistance from an independent advocate.

15 Complaints to the NDIS Quality and Safeguards Commission

You are not required to resolve a complaint with Silver Leaf before contacting the NDIS Quality and Safeguards Commission.

A participant, family member, carer, worker, provider or other person may raise concerns with the NDIS Commission where appropriate. Information about making a complaint to the NDIS Commission is available through the NDIS Commission's official website.

Silver Leaf will not prevent, discourage or threaten a person for making a genuine complaint or raising a concern with the NDIS Commission or another appropriate authority.

16 Privacy

Silver Leaf respects the privacy of individuals and handles personal information in accordance with applicable privacy laws and our Privacy Policy.

We may collect personal information when you:

• Visit or use our Website;
• Complete an enquiry form;
• Contact us by phone or email;
• Request information;
• Apply for employment;
• Engage our services; or
• Otherwise interact with us.

Depending on the circumstances, information collected may include names, contact details, information about support needs, NDIS-related information and other information reasonably required to respond to enquiries or provide services.

We will collect, use, store and disclose personal information only for purposes permitted by applicable law and our Privacy Policy. Where sensitive or health information is collected, additional privacy protections may apply.

17 Website security

We take reasonable steps to protect the Website and information transmitted through it. However, no internet transmission or electronic storage system can be guaranteed to be completely secure.

You use the Website at your own risk and should take reasonable precautions when submitting information online.

You should not knowingly transmit viruses, malware, malicious code or other harmful material to the Website or attempt to interfere with its operation.

18 Website availability

We endeavour to keep the Website available and operational. However, we do not guarantee uninterrupted or error-free access. The Website may occasionally be unavailable because of:

• Maintenance;
• Technical problems;
• Telecommunications failures;
• Hosting issues;
• Cybersecurity incidents;
• Updates;
• Third-party service failures; or
• Circumstances outside our reasonable control.

We may change, suspend or discontinue any part of the Website without notice where reasonably necessary.

19 Third-party websites and services

The Website may contain links to third-party websites, services or resources. These links are provided for convenience and do not necessarily indicate endorsement or recommendation by Silver Leaf.

We are not responsible for:

• The content of third-party websites;
• Their availability;
• Their privacy practices;
• Their security;
• Their accuracy; or
• Their terms and conditions.

You should review the terms and privacy policies of third-party websites before using them.

20 Intellectual property

Unless otherwise stated, the content of this Website is owned by or licensed to Silver Leaf Disability Services Pty Ltd. This may include:

You may access and view the Website for personal, non-commercial purposes.

You must not, without our prior written permission:

• Reproduce substantial portions of Website content;
• Modify or adapt Website content;
• Commercially exploit Website content;
• Distribute Website content for commercial purposes;
• Remove copyright or ownership notices; or
• Use our branding or intellectual property in a way that suggests an unauthorised association with Silver Leaf.

Nothing in these Terms & Conditions prevents you from exercising rights that cannot lawfully be excluded under applicable law.

21 Website content submitted by users

If the Website allows you to submit information, comments, reviews, photographs, documents or other content, you must ensure that you have the necessary authority and rights to provide that material.

You must not submit material that:

• Is unlawful;
• Is defamatory;
• Infringes another person's intellectual property rights;
• Contains malicious software;
• Is misleading or fraudulent;
• Unlawfully discloses another person's personal information; or
• Is otherwise inappropriate or harmful.

We may remove or decline to publish material where we reasonably consider it necessary.

22 Accessibility

Silver Leaf aims to make its Website and information as accessible as reasonably practicable.

If you have difficulty accessing information on the Website, please contact us and let us know how we can assist. We may be able to provide information in an alternative format or through another communication method where reasonably practicable.

23 Confidentiality and participant information

We respect the confidentiality of participant information. Information about a participant will not generally be disclosed to another person unless:

• The participant has provided appropriate consent;
• Disclosure is authorised or required by law;
• Disclosure is required for the delivery or management of supports;
• Disclosure is necessary to protect a person from a serious threat where permitted by law; or
• Another lawful exception applies.

NDIS and other applicable legal requirements may require information to be disclosed to relevant authorities in certain circumstances, including certain safety, abuse, neglect, exploitation, criminal or reportable incident matters.

24 No guarantee of outcomes

Silver Leaf will provide services with appropriate care, skill and professionalism. However, disability support outcomes can depend on many individual and external factors.

Unless expressly agreed in writing, we do not guarantee that a participant will achieve a particular personal, health, social, employment or other outcome as a result of receiving our services.

Our role is to provide agreed supports in accordance with the applicable Service Agreement and our professional and legal obligations.

25 Limitation of liability

To the maximum extent permitted by law, Silver Leaf excludes liability for loss or damage arising from your use of the Website where that loss or damage results from matters outside our reasonable control, including technical failures, third-party websites, internet interruptions or malicious activity.

Nothing in these Terms & Conditions excludes, restricts or modifies any right, guarantee, warranty, condition or remedy that cannot lawfully be excluded, restricted or modified under applicable Australian law. This includes rights and consumer guarantees that may apply under the Australian Consumer Law.

Where liability cannot legally be excluded but may be limited, Silver Leaf's liability will be limited to the extent permitted by law.

Nothing in these Terms & Conditions is intended to exclude liability for conduct that cannot lawfully be excluded, including liability arising from fraud or other conduct for which exclusion or limitation is prohibited by law.

26 Australian Consumer Law

Nothing in these Terms & Conditions is intended to remove or limit your rights under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, where those rights apply.

Where consumer guarantees or other mandatory legal rights apply to our services, those rights continue to apply.

If any provision of these Terms & Conditions conflicts with a mandatory legal right, the mandatory legal right will prevail to the extent of the inconsistency.

27 Changes to these Terms & Conditions

We may update these Terms & Conditions from time to time. Changes may be made to reflect:

• Changes to our services;
• Changes to the Website;
• Changes to applicable laws;
• Changes to NDIS requirements;
• Changes to our business practices; or
• Other operational requirements.

The updated version will be published on the Website with an updated “Last updated” date.

If a change materially affects an existing participant's contractual rights or obligations under a separate Service Agreement, the change to that Service Agreement will be managed separately and in accordance with the applicable agreement and law.

28 Suspension or termination of Website access

We may restrict or suspend access to the Website where reasonably necessary, including where a person:

• Breaches these Terms & Conditions;
• Attempts to interfere with Website security;
• Uses the Website unlawfully;
• Engages in abusive or threatening conduct; or
• Creates a risk to the Website, our organisation or another person.

This does not affect any rights or obligations that cannot legally be suspended or terminated.

29 Force majeure

We will not be responsible for a failure or delay in performing an obligation where the failure or delay results from circumstances beyond our reasonable control, including natural disasters, extreme weather, fire, flood, epidemic or pandemic, war, civil unrest, government action, infrastructure failure, telecommunications failure, cyber incidents, industrial action or other circumstances of a similar nature.

Where reasonably practicable, we will communicate with affected participants and take reasonable steps to minimise disruption.

30 Severability

If any provision of these Terms & Conditions is found to be invalid, unlawful or unenforceable, that provision will be read down or removed to the extent necessary. The remaining provisions will continue to operate to the extent permitted by law.

31 Waiver

A failure or delay by Silver Leaf to enforce a provision of these Terms & Conditions does not constitute a waiver of our right to enforce that provision later.

32 Governing law

These Terms & Conditions are governed by the laws of the Northern Territory of Australia.

You agree that, subject to applicable law, disputes relating to these Terms & Conditions or the Website will be subject to the jurisdiction of the courts and tribunals of the Northern Territory of Australia.

Nothing in this section prevents a person from exercising a right to access a regulator, complaints body, tribunal, court, advocate or other dispute-resolution mechanism available under Australian law.

33 Entire agreement

These Terms & Conditions govern your use of the Website. They do not replace or override an individual Service Agreement, support plan, consent form, privacy consent, risk agreement or other document that applies specifically to the provision of services to an NDIS participant.

Where an individual agreement contains terms specifically applicable to the participant's services, that agreement will govern those services.

34 Contact us

If you have questions about these Terms & Conditions, our Website or our services, please contact Silver Leaf Disability Services Pty Ltd.

We welcome questions, feedback and requests for accessible information.