Plan Management Terms
Welcome to Peak Plan Management
This agreement is a contract between you and Peak Plan Management and represents all terms and conditions, policies, rights and responsibilities associated with being a Peak Plan Managed (Client).
Peak is a registered provider of supports under the National Disability Insurance Scheme (NDIS). Peak Plan Management is a plan management service that will help you manage your NDIS budget and its outcomes.
Please read this document carefully.
Your access and use of the Peak Plan Management service is subject to the Terms and Conditions (Terms) detailed below.
In these Terms any references to “us”, “we”, “our” or “Peak” means Peak Plan Management Pty Ltd ABN 16 621 969 397.
This agreement comes into existence once you accept these Terms by clicking the “I agree” button below. This agreement is governed by the Electronic Transactions Act 2000 (Vic), amongst other laws.
We reserve the right to amend these Terms at any time and will notify you of the amendments. You have the right to disagree with and not accept the amendments or any terms and conditions, however this will result in the cancellation of your Peak Plan Management service.
Make sure you are eligible.
To be eligible for the Peak Plan Management service, you:
• Are at least 18 years old;
• Have the right, authority and capacity to enter into this agreement;
• Will abide by the Terms, relevant policies and rights and responsibilities of this agreement; and
• Have plan management funding included (or are intending to request funding) as part of your NDIS Plan.
If you are entering into this agreement as an authorised representative, you
• Are at least 18 years old;
- Have the right, authority and capacity to enter into this agreement on behalf of a person who may not have legal capacity; and
- Will abide by the terms and conditions as set out for Clients.
As a plan managed Client or authorised representative, you
1. Will provide accurate and relevant personal details necessary for the delivery of the Peak Plan Management service (including your NDIS Plan details, date of birth and NDIS number).
2. Advise Peak immediately if your NDIS Plan is suspended or replaced by a new NDIS Plan, or if you stop being a participant in the NDIS.
3. Will provide all information necessary to ensure your needs are understood, so the most effective service can be provided to you.
4. Agree that you will not establish a plan management service for anyone other than yourself, with exception of people or businesses that are expressly authorised to establish a plan management service on behalf of clients.
5. Are responsible for any activity that occurs through your account.
6. Will not be discriminating, unlawful, rude, defamatory, harmful, threatening, indecent, harassing, abusive, aggressive, intimidating or offensive.
7. Will not participate in, encourage or advocate an illegal activity or violate any law, statute or regulation in your dealings with Peak
8. Must not attempt to restrict another user from using or enjoying the plan management service and you must not encourage or facilitate violations of these Terms or any other Peak terms or policies.
9. Will not publicly act in any way to harm the reputation of Peak or any associated or interested parties or do anything contrary to the interests of Peak
Peak Plan Management reserve the right to raise any concerning conduct or behaviour with you and will seek a satisfactory resolution or otherwise your membership may be discontinued.
As a Client, you are entitled to the Peak Plan Management service whilst you remain a registered client of Peak Plan Management.
1. Provide you with financial intermediary services
2. Reconcile your NDIS Plan balances
3. Pay supplier invoices on your behalf
4. Process your reimbursement claims
5. Track your expenditure against your NDIS Plan and make it available in real time via the Peak app (if requested)
6. Provide you with monthly statements of expenditure
7. Consult with you regarding how your funds are spent
8. Assist you with purchases where appropriate
9. Assist you with provider service agreements where appropriate
10. Connect with you via emails, phone calls and face to face where it is viable to do so
Peak Plan Management staff will:
• Rely on the information that you provide as being true, accurate, complete and current
• Offer a plan management service that maximises your choice and control and supports the life you want to lead
• Respond to your specific requests and requirements in the delivery of your plan management service;
• Respect your decisions in accepting and determining plan management
• Listen to your feedback and resolve problems quickly
• Communicate openly and honestly in a timely manner
• Treat you, your family and friends and any nominated representatives with courtesy and respect
• Reserve the right to raise any concerning conduct or behaviour with you and will seek a satisfactory resolution or otherwise your service agreement with Peak Plan Management may be terminated.
How it works.
As a Peak plan managed Client, you agree to the following:
1. As your nominated plan manager, Peak has the authority to act on your behalf to claim payment for supports provided to you from your NDIS Plan and to pay these funds to providers.
2. A service booking will be created for the entire value of your Plan Managed Support Budget Categories through the NDIS provider portal.
3. The supports and maximum prices are set out in the NDIS Price Guide.
4. All prices are GST inclusive (if applicable) and include the cost of providing the supports.
5. We will claim from the NDIA portal for funding up to the amounts specified in the support category and budget approved in your current NDIS plan. After these supports are delivered, the service provider will claim payment for those supports from Peak
6. We have no involvement or liability for charges above the unit price as prescribed in the relevant NDIS price guide.
7. The ‘gap’ difference between the invoiced item amount and the NDIS unit price for supports purchased are your responsibility to pay to the provider directly.
8. Where a price change is executed by the NDIA for services provided historically, fees will be backdated to support full recovery.
9. Providers engage directly with the you in relation to the provision of goods and services and send your invoice to Peak as your Plan Manager to arrange payment with the NDIS.
10. Providers are responsible for the quality and actual service provision and activities as well as their own safety whilst providing services to you. They will have their own ABN and are responsible for their business activity as a business entity.
11. You may be required to sign a specific service agreement to receive goods and services provided by Providers.
12. As part of establishing your service agreement with them, or engaging their services, please take the time to ensure that they have the relevant coverage for public liability, medical malpractice and personal injury.
Peak will claim directly from the NDIA an agreed monthly fee for the provision of support as agreed in Schedule of Supports – Improved Life Choices (Support Category 14) and at the price as defined at the time of service.
Goods and Services Tax (GST).
For the purposes of GST legislation, we confirm that
• a supply of supports under this agreement is a supply of one or more of the reasonable and necessary supports specified in the statement included, under subsection 33(2) of the National Disability Insurance Scheme Act 2013 (NDIS Act), in the Participant’s NDIS plan currently in effect under section 37 of the NDIS Act;
• Peak will pay GST as per specified in National Disability Insurance Scheme Act 2013 (NDIS Act).
Complaints and dispute resolution.
You can make complaints directly to the Provider and these should be resolved directly between you and business providing NDIS funding goods and services to you.
If issues remain unresolved or if they are related to Plan Management Services provided by Peak, please either
Call 1300 70 23 24
Or Email email@example.com
Or Send us details of your complaint addressed to the General Manager, Peak Plan Management PO Box 1981 Bakery Hill Vic 3354.
We will investigate the complaint and provide you with a written response (which could include email) as soon as we can and normally within 30 days from the date you first contacted us. Please see the full details of our Complaints Procedure here.
Starting and ending this agreement.
This agreement will commence on the date the Terms are accepted and will remain in place until one or both parties notify each other of their intention to terminate the agreement.
Your Service Agreement with Peak Plan Management can be cancelled by either party at any time by providing the other party with 14 days’ verbal or written notice. If you or Peak Plan Management breaches this agreement, the requirement of notice may be waived by the other party.
Peak Plan Management information is provided in good faith, to the best of our knowledge and is considered to be correct at the time of communicating, however, changes may affect this accuracy therefore Peak Plan Management gives no assurance as to the accuracy of any information or advice given.
Any advice given by Peak Plan Management outside of financial intermediary advice shall be considered general in nature. Peak Plan Management shall not be liable for any failure of, or delay in the performance of this service agreement for the period that such failure or delay is;
1. Beyond the reasonable control of a party,
2. Materially affects the performance of any of its obligations under this agreement, and
3. Could not reasonably have been foreseen or provided against
(eg. Government Acts prohibiting or impeding any party from performing its respective obligations under the Service Agreement contract) or (eg. prolonged lack of power supply).
Nothing in the Peak Plan Management service agreement negates or diminishes the statutory guarantees regarding the supply of services the Participant/nominated representative receive under The Australian Consumer Law (Competition and Consumer Act 2010-Schedule2)
Peak Plan Management takes in good faith the information provided by the Participant/nominated representative to be true and accurate, and that claims presented to Peak Plan Management are a true reflection of goods and services provided to the Participant in line with the NDIS guidelines (National Disability Insurance Scheme Act 2013).
Effective April 2019.