Website Terms and Conditions

Proud Pathways Pty Limited · ABN 15 701 578 930

1. About these terms

These terms explain how you may use the Proud Pathways website and its information, resources and enquiry or referral facilities. “We”, “us” and “our” mean Proud Pathways Pty Limited. “You” means a person using our website.

Please read these terms before using our website. Contact us if you need help understanding them or require information in another format. These terms do not replace a service agreement or remove rights you have under Australian law.

2. Information and support

Our website provides general information about Proud Pathways and our services. It is not an individual assessment, diagnosis, treatment plan or substitute for advice from an appropriately qualified practitioner who understands your circumstances.

We take reasonable care with the information we publish. Service availability, eligibility and funding requirements can change. Please contact us to confirm details relevant to you before making arrangements or relying on information that may be out of date. We will correct identified material errors within a reasonable time.

Our website and online forms are not emergency services. If someone is in immediate danger or needs urgent medical assistance, call 000. Do not use an online enquiry or referral to request an emergency response.

3. Enquiries and referrals

Submitting an enquiry or referral asks us to contact you or consider a request for support. It does not, by itself, confirm an appointment, establish an ongoing service arrangement or guarantee that we can provide a particular service.

Please provide information that is accurate to the best of your knowledge and tell us if important details change. If you provide information about another person, you must have their consent or another lawful authority to do so. Being a family member or support person does not automatically give you authority to make decisions for someone else.

Provide only information reasonably needed for the enquiry or requested referral. If you are unsure how to send sensitive documents, contact us to arrange an appropriate method. Do not send passwords or payment card details through an enquiry form.

4. Billing, NDIS funding and cancellations

Agreed services and fees

Your signed service agreement and Schedule 1 set out the supports we agree to provide and the applicable fees. These may include direct supports, permitted participant-related non-face-to-face work, reports and travel-related costs. Charges must be agreed and permitted under the NDIS rules applicable to the support and funding arrangements. Website use or submitting a referral does not authorise a charge or NDIS claim.

Proud Pathways bills NDIS-funded supports in accordance with the current NDIS Pricing Schedule, applicable Pricing Arrangements and Price Limits, Support Catalogue and claiming rules. Where a price limit applies, charges will not exceed it. A maximum price is not a compulsory fee. Changes to agreed fees or services must be discussed and recorded in writing, signed and dated by the parties; a pricing update does not automatically change your agreed rate.

Invoices, transport and personal expenses

Under our standard plan-managed service agreement, we seek payment through your nominated plan manager within 14 days after services have been delivered. Your agreement records the plan manager’s invoice details. Other funding or payment arrangements must be agreed separately. Invoices and claims will accurately identify the supports, dates, quantities, rates and applicable support items, with no duplicate claims.

Our standard agreement specifies $1.00 per kilometre for agreed activity-based transport when a participant travels in a support worker’s vehicle, subject to applicable NDIS rules. Provider travel is a separate type of charge and must be agreed and permitted for the support item. Personal expenses such as meals, entry fees, event tickets and personal purchases are your responsibility and are not included in support fees.

Cancellation rules when billing

Tell us as soon as possible if you need to cancel or reschedule, using the contact arrangements in your service agreement. You can contact Scott Warren on 0416 616 055 or at Scott.Warren@proudpathways.com.au. Include the participant’s name and appointment details and keep a record of your notice.

Our standard agreement provides for a 100% service fee for cancellations with less than seven days’ notice where that cancellation category applies. Eligible non-disability-support-worker items may instead use two clear business days. Your support item and applicable NDIS rules determine the category; the seven-day term does not override a shorter NDIS cancellation window. Business days exclude weekends and public holidays. We will explain the applicable deadline before you agree to supports and honour more favourable agreed terms.

A short-notice or no-show fee is charged only where the support item permits it, cancellation terms were agreed beforehand, we cannot find alternative billable work for the worker and we must still pay that worker for the scheduled time. A no-show includes not attending, or not being at the agreed location, within a reasonable time. It does not remove these claiming conditions. For group supports, the cancelled place must also remain unfilled.

Where all conditions are met, the fee is 100% of the agreed cancelled support fee, subject to any applicable limit. We will identify the cancellation on the invoice and will not charge twice for the same time or include expenses that were not incurred or are not claimable. We may waive the fee after considering individual circumstances. If Proud Pathways cancels, no fee is charged for the cancelled support.

Hospital admission and temporary interruptions

If you are unexpectedly admitted to hospital, you or your representative should notify us as soon as possible by phone, text or email. Hospital admission does not automatically create a cancellation fee: the applicable notice period and all cancellation conditions above must be met. Please tell us about exceptional circumstances so we can consider a waiver.

If a prolonged hospital stay leads to an agreed temporary suspension of services, we do not charge for services during that suspension. We will work with you to reschedule supports around your health and recovery needs. Services resume following discharge and written confirmation from you or your authorised representative, which may be provided by text or email.

Ending services and reviewing charges

Our standard service agreement requires either party to give 30 days’ notice to end it, with notice waived for a serious breach. It identifies non-payment under the agreed terms as a serious breach. Any response must remain consistent with applicable law, consumer rights and participant safety obligations. Lawfully payable outstanding amounts remain payable under the agreement.

Ending an agreement is different from cancelling an appointment. The notice period does not automatically authorise charging for all future bookings; each cancellation charge must meet the agreed terms and applicable claiming rules. These website terms do not create new fees or change an existing agreement. Contact Andrew.Warren@proudpathways.com.au if you need a charge explained or want to dispute it. Your consumer rights remain unchanged.

5. Service agreement, duration and supports

Before services begin, the participant and Proud Pathways complete and sign a service agreement. It records the participant’s name and NDIS number, any authorised representative, the start and end dates, contact information, funding arrangements and the agreed Schedule 1. Each party should keep a completed copy. The participant’s NDIS goals are attached or recorded with the agreement. These website terms do not complete or sign that agreement for you.

The agreement supports independence, social and economic participation, and choice and control over goals and the planning and delivery of supports. Services are provided as agreed in Schedule 1 and directed by the participant, their authorised representative and relevant care plan, within the provider’s qualifications and authority.

Services may include individual or group therapy and supports; life transition planning, mentoring, peer support and individual skill development; accommodation and tenancy assistance; transport to appointments and activities; community and social participation; employment-related assessment, counselling and advice; specialist behaviour intervention support; decision-making and daily planning; and skills development, including public transport training. Frequency, duration and location are agreed according to participant needs.

Agreed indirect work may include participant-goal-related research, resource development and communication with relevant internal and external services by email, phone or in person. Services may also include NDIS plan review and progress outcome reports before plan completion, and assessment or progress reports requested by non-NDIS clients or their representatives. Non-face-to-face work, reports and travel may only be billed where agreed and permitted under the applicable rules.

We maintain service records, consider the participant’s relevant NDIS plan and care information, support progress towards their goals, and engage with their allied health team and authorised support network where appropriate and with the required consent.

6. Responsibilities and service reviews

Proud Pathways agrees to review services and progress towards goals at least every three months with the participant and, where authorised, their representative. Supports will be adjusted as needed through the agreed review and variation process. We aim to provide agreed services at preferred times that meet the participant’s needs.

We will communicate openly, honestly and promptly; treat participants and representatives with courtesy and respect; consult on service delivery decisions; listen to feedback and work to resolve concerns quickly; provide the required notice when ending an agreement; and protect privacy and confidential information.

We will deliver services consistently with relevant codes and legislation, including the NDIS Code of Conduct, National Disability Insurance Scheme Act 2013, Disability Services and Inclusion Act 2023 where applicable, Privacy Act 1988 where applicable, relevant work health and safety legislation and the Australian Consumer Law. Our agreement provides for accurate service records to be retained for seven years, subject to any longer period required by law.

Participants and their authorised representatives are asked to explain how they want supports delivered, treat staff with courtesy and respect, raise concerns about services, and notify us immediately if an NDIS plan is suspended or replaced or the participant leaves the NDIS. Representatives act within their lawful authority and with respect for the participant’s own decisions, preferences and consent.

Changes to services or delivery are discussed and reviewed together. Changes to the service agreement must be written, signed and dated by the parties. Agreed outcomes are linked to the participant’s goals; a service agreement does not guarantee a particular outcome.

7. Conflicts of interest and participant choice

Proud Pathways provides services with integrity, honesty, transparency and professionalism. We take reasonable steps to identify, disclose, document, review and appropriately manage actual, potential or perceived conflicts of interest connected with supports.

We explain relevant conflicts and proposed safeguards clearly to the participant and, where appropriate and with consent, their nominee, representative or other relevant person. We manage conflicts in accordance with applicable NDIS requirements, the NDIS Code of Conduct, relevant Practice Standards, our policies and applicable law.

If we offer more than one support, you do not have to obtain those additional supports from Proud Pathways. You remain free to choose other suitably qualified providers, subject to your plan, funding arrangements and applicable requirements. We will not pressure, coerce or improperly influence you to choose us, an associated business or another particular provider.

We will not make referrals for improper personal, financial or commercial benefit. We disclose relevant relationships, interests or benefits that may create a conflict and, where practicable, provide information about alternatives so you can make an informed choice.

Choosing another provider for other supports will not result in unfair treatment or, by itself, affect the quality of services under your agreement. Raise any conflict concern with us; we will respond openly, respectfully and without disadvantage.

8. Service pricing guidelines and GST

View the NDIS Pricing Arrangements and Price Limits (service pricing guidelines) ↗

Specialist behaviour intervention support may include highly specialised interventions for significantly harmful or persistent behaviours of concern and development of behaviour support plans aimed at reducing and eliminating restrictive practices. Any restrictive practice must meet all applicable authorisation, registration, planning and reporting requirements.

Qualifying NDIS supports are GST-free where the legal conditions are met; NDIS funding alone does not make every supply GST-free. For qualifying supports, GST is not added. Any taxable supply and its total GST-inclusive price must be disclosed and agreed before it is supplied.

The service agreement includes this statement for GST-free treatment under section 38-38 of the A New Tax System (Goods and Services Tax) Act 1999: “A supply of supports under this Service Agreement is a supply of one or more reasonable and necessary supports specified in the statement of supports included, under subsection 33(2) of the National Disability Insurance Scheme Act 2013 (NDIS Act), in the participant’s Plan currently in effect under section 37 of the NDIS Act.” The statement is used only where it accurately describes the supply and applicable legal requirements are satisfied.

9. Respectful and lawful use

You must not use the website to commit fraud, impersonate another person, harass others, share unlawful material or infringe another person’s privacy or intellectual property rights. You must not knowingly introduce malicious software, attempt unauthorised access, bypass security controls or deliberately disrupt the website.

We may take proportionate steps to restrict access where reasonably necessary to address misuse, a security threat or a legal requirement. Where practicable, we will explain the restriction and provide a way to contact us. Restricting website access does not, by itself, end an existing support arrangement or prevent you from making a complaint.

10. Our content and resources

Unless stated otherwise, website text, designs, logos, images and resources belong to Proud Pathways or are used with the owner’s permission.

You may view, download and print materials made available for that purpose for personal use, or to help a participant understand or access our services. Keep any ownership notices and do not present altered material as an official Proud Pathways document. Any specific licence supplied with a resource also applies.

Ask for permission before selling, republishing or using our branding in a way that suggests our endorsement. These terms do not restrict uses permitted by copyright law. Information or materials you submit remain subject to your rights; submitting them does not give us permission to publish them as a testimonial or use them in advertising.

11. Privacy

We handle personal information in accordance with applicable privacy law. Our Privacy Policy explains our information handling practices and how to request access or correction or raise a privacy concern. Please read it before submitting personal information, and contact us if you need a copy.

These terms do not constitute blanket consent to collect or disclose sensitive information, publish photographs or testimonials, or send marketing. We seek separate consent where required. Any consent to optional marketing can be withdrawn without affecting access to agreed supports.

12. External links and website availability

We may link to other organisations for further information. Unless expressly stated, a link does not mean we endorse that organisation or control its website. Read the other website’s terms and privacy information before using its services or submitting information.

We aim to keep this website available and reasonably secure, but maintenance, faults or external events may interrupt access. Contact us by phone or email if an online facility is unavailable. This does not excuse a failure to meet obligations under law or an existing service agreement.

13. Your rights and our responsibility

Nothing in these terms excludes, restricts or modifies a consumer guarantee, remedy or other right that cannot lawfully be excluded under the Australian Consumer Law or other applicable law.

We remain responsible for our acts and omissions to the extent required by law. The information and availability provisions above do not exclude liability for misleading conduct, failure to meet a consumer guarantee or another breach of a legal obligation.

14. Questions, accessibility and complaints

Contact us if you have a question, encounter an accessibility problem, identify incorrect information or wish to make a complaint:

Proud Pathways Pty Limited
ABN 15 701 578 930
Phone: 0416 616 055
Complaints email: Andrew.Warren@proudpathways.com.au

Feedback, complaints and disputes may be raised directly with Andrew Warren at Andrew.Warren@proudpathways.com.au. Our Complaints Management Policy and Procedure provides further details and is available on request. If you prefer not to contact us, or are dissatisfied with our response, you can contact the NDIS Commission on 1800 035 544 or visit ndiscommission.gov.au.

You may ask a support person or advocate to assist you. Raising a concern will not result in retaliation. You can also contact a relevant regulator, including the NDIS Quality and Safeguards Commission for NDIS service concerns, a consumer protection agency or the Office of the Australian Information Commissioner for privacy concerns. You do not have to complete our internal complaints process before seeking external advice or assistance.

15. Updates and governing law

We may update these terms to reflect changes to the website, our operations or the law. We will identify the effective date when publishing a revised version and provide reasonable notice of material changes where practicable. Changes apply prospectively and do not alter an existing service agreement or accrued rights without a lawful basis and any required agreement.

These terms are governed by the laws of South Australia and applicable Commonwealth laws. This does not prevent you from exercising mandatory rights or using a court, tribunal or complaints body available to you under applicable law. If a provision is unenforceable, the remaining provisions continue to apply to the extent they can operate lawfully.